Source
(June 27, 1934, ch. 847, title II, § 202, 48 Stat. 1248; Feb. 3, 1938, ch. 13, § 3, 52 Stat. 10; June 3, 1939, ch. 175, § 5, 53 Stat. 805; Apr. 20, 1950, ch. 94, title I, § 122, 64 Stat. 59; Pub. L. 90–19, § 1(a)(3), May 25, 1967, 81 Stat. 17; Pub. L. 101–235, title I, § 142, Dec. 15, 1989, 103 Stat. 2030; Pub. L. 101–625, title III, § 322, Nov. 28, 1990, 104 Stat. 4134; Pub. L. 102–550, title V, §§ 502,
518,
519, Oct. 28, 1992, 106 Stat. 3778, 3792; Pub. L. 105–65, title V, § 551, Oct. 27, 1997, 111 Stat. 1412; Pub. L. 106–377, § 1(a)(1) [title II, § 209(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A–25; Pub. L. 110–289, div. A, title IV, § 1404, div. B, title I, §§ 2116(1), (3),
2118
(a), July 30, 2008, 122 Stat. 2810, 2832, 2833.)
References in Text
The Federal Credit Reform Act of 1990, referred to in subsec. (a)(1), is title V of
Pub. L. 93–344, as added by
Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990,
104 Stat. 1388–609, which is classified generally to subchapter III (§ 661 et seq.) of chapter
17A of Title
2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section
621 of Title
2 and Tables.
The Federal Advisory Committee Act, referred to in subsec. (b), is
Pub. L. 92–463, Oct. 6, 1972,
86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
Section
3537b
(c) of title
42, referred to in subsec. (b)(5), was in the original “section 112(c) of the Department of Housing and Urban Development Reform Act of 1989”, meaning section 112 of
Pub. L. 101–235, which does not contain a subsec. (c), but enacted section 13 of the Department of Housing and Urban Development Act, which was classified to section
3537b of title
42 prior to repeal by
Pub. L. 104–65, § 11(b)(1), Dec. 19, 1995,
109 Stat. 701, and which contained a subsec. (c) relating to registration with the Secretary.
The Equal Credit Opportunity Act, referred to in subsec. (c)(1), (3)(B), is title VII of
Pub. L. 90–321, as added by
Pub. L. 93–495, title V, § 503, Oct. 28, 1974,
88 Stat. 1521, as amended, which is classified generally to subchapter IV (§ 1691 et seq.) of chapter
41 of Title
15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section
1601 of Title
15 and Tables.
The Fair Housing Act, referred to in subsec. (c)(1), (3)(B), is title VIII of
Pub. L. 90–284, Apr. 11, 1968,
82 Stat. 81, as amended, which is classified principally to subchapter I (§ 3601 et seq.) of chapter
45 of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
3601 of Title
42 and Tables.
Executive Order 11063, referred to in subsec. (c)(1), (3)(B), is set out as a note under section
1982 of Title
42.
Codification
Section
1709
(s) of this title, which was transferred and redesignated as subsec. (e) of this section by
Pub. L. 110–289, div. B, title I, § 2116(3), July 30, 2008,
122 Stat. 2832, was based on act June 27, 1934, ch. 847, title II, § 203(s), as added
Pub. L. 101–235, title I, § 135, Dec. 15, 1989,
103 Stat. 2028; amended
Pub. L. 108–386, § 8(b), Oct. 30, 2004,
118 Stat. 2231;
Pub. L. 110–289, div. B, title I, § 2116(2), July 30, 2008,
122 Stat. 2832.
Amendments
2008—Subsec. (a).
Pub. L. 110–289, § 2118(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “There is created a Mutual Mortgage Insurance Fund (hereinafter referred to as the ‘Fund’), which shall be used by the Secretary as a revolving fund for carrying out the provisions of this subchapter with respect to mortgages insured under section
1709 of this title as hereinafter provided, and there shall be allocated immediately to such Fund the sum of $10,000,000 out of funds made available to the Secretary for the purposes of this subchapter.”
Subsec. (e).
Pub. L. 110–289, § 2116(3), transferred subsec. (s) of section
1709 of this title and redesignated it as subsec. (e) of this section. See Codification note above. Former subsec. (e) redesignated (f).
Subsec. (e)(3)(B).
Pub. L. 110–289, § 2116(1)(A), made technical amendment to reference in original act which appears in text as reference to “this subsection”.
Subsec. (e)(5).
Pub. L. 110–289, § 1404, added par. (5).
Subsec. (f).
Pub. L. 110–289, § 2116(1)(B), redesignated subsec. (e) as (f).
2000—Subsec. (c)(2)(E).
Pub. L. 106–377, § 1(a)(1) [title II, § 209(c)(1)], struck out “and” at end.
Subsec. (c)(2)(F).
Pub. L. 106–377, § 1(a)(1) [title II, § 209(c)(2)], which directed substitution of “and” for “or their designees.”, was executed by inserting “and” after semicolon to reflect the probable intent of Congress, because the phrase “or their designees.” appeared at end of par. (2) and did not appear in subpar. (F).
Subsec. (c)(2)(G).
Pub. L. 106–377, § 1(a)(1) [title II, § 209(c)(3)], added subpar. (G).
1997—Subsec. (c)(3)(C).
Pub. L. 105–65 inserted after first sentence “Notwithstanding paragraph (4)(A), a suspension shall be effective upon issuance by the Board if the Board determines that there exists adequate evidence that immediate action is required to protect the financial interests of the Department or the public.”
1992—Subsec. (b)(11).
Pub. L. 102–550, § 502, added par. (11).
Subsec. (c)(3)(C).
Pub. L. 102–550, § 518, inserted “temporarily” after “order”, “(i)” after “Administration if”, “(ii)” after “violations and”, and “, and for not longer than 1 year. The Board may extend the suspension for an additional 6 months if it determines the extension is in the public interest. If the Board and the mortgagee agree, these time limits may be extended” after “6 months”.
Subsec. (c)(6)(D).
Pub. L. 102–550, § 519(1), struck out subpar. (D) which read as follows: “For purposes of this paragraph, the term ‘mortgagee’ means a mortgagee, a branch office or subsidiary of a mortgagee, or a director, officer, employee, agent, or other person participating in the conduct of the affairs of such mortgagee.”
Subsec. (c)(7), (8).
Pub. L. 102–550, § 519(2), added par. (7) and redesignated former par. (7) as (8).
1990—Subsec. (e)(3), (4).
Pub. L. 101–625 added pars. (3) and (4).
1989—
Pub. L. 101–235 substituted “Federal Housing Administration operations” for “Mutual Mortgage Insurance Fund” in section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsecs. (b) to (e).
1967—
Pub. L. 90–19 substituted “Secretary” for “Commissioner” wherever appearing.
1950—Act Apr. 20, 1950, substituted “Commissioner” for “Administrator” wherever appearing.
1939—Act June 3, 1939, substituted “created” for “create”.
1938—Act Feb. 3, 1938, inserted “with respect to mortgages insured under section
1709 of this title”.
Change of Name
Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of
Pub. L. 104–14, set out as a note preceding section
21 of Title
2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.