Laws: Cases and Codes : U.S. Code : Title 12 : Section 1701x
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U.S. Code as of:
01/19/04
Section 1701x - Notes
SOURCE
(Pub. L. 90-448, title I, Sec. 106, Aug. 1, 1968, 82 Stat. 490;
Pub. L. 91-609, title IX, Sec. 903(a), (b), Dec. 31, 1970, 84 Stat.
1808; Pub. L. 93-383, title VIII, Sec. 811, Aug. 22, 1974, 88 Stat.
735; Pub. L. 95-128, title IX, Sec. 903, Oct. 12, 1977, 91 Stat.
1149; Pub. L. 97-35, title III, Sec. 339A, Aug. 13, 1982, 95 Stat.
417; Pub. L. 98-181, title IV, Sec. 465, Nov. 30, 1983, 97 Stat.
1236; Pub. L. 98-479, title II, Sec. 204(f), Oct. 17, 1984, 98
Stat. 2233; Pub. L. 100-242, title I, Sec. 169, Feb. 5, 1988, 101
Stat. 1865; Pub. L. 100-628, title X, Sec. 1009, Nov. 7, 1988, 102
Stat. 3266; Pub. L. 101-137, Sec. 8, Nov. 3, 1989, 103 Stat. 826;
Pub. L. 101-625, title V, Sec. 577, title VII, Sec. 706(c), Nov.
28, 1990, 104 Stat. 4238, 4286; Pub. L. 102-550, title I, Sec.
162(a)-(d), Oct. 28, 1992, 106 Stat. 3719-3721; Pub. L. 104-316,
title I, Sec. 106(a), Oct. 19, 1996, 110 Stat. 3830; Pub. L.
105-276, title V, Sec. 594(a), (b), Oct. 21, 1998, 112 Stat. 2655;
Pub. L. 107-73, title II, Sec. 205, Nov. 26, 2001, 115 Stat. 674.)
REFERENCES IN TEXT
The Housing and Community Development Act of 1974, referred to in
subsec. (a)(1)(iv), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633,
as amended. Title I of the Housing and Community Development Act of
1974 is classified principally to chapter 69 (Sec. 5301 et seq.) 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 5301 of Title 42 and Tables.
The National Housing Act, referred to in subsecs. (a)(2) and
(d)(9)(K), is act June 27, 1934, ch. 847, 48 Stat. 1246, as
amended. Title II of the Act is classified generally to subchapter
II (Sec. 1707 et seq.) of this chapter. For complete classification
of this Act to the Code, see section 1701 of this title and Tables.
Section 152 of the Housing and Community Development Act of 1992,
referred to in subsec. (a)(3), is section 152 of Pub. L. 102-550,
which was set out as a note under section 1437f of Title 42, The
Public Health and Welfare, prior to repeal by Pub. L. 105-276,
title V, Sec. 550(f), Oct. 21, 1998, 112 Stat. 2610.
The Housing Act of 1949, referred to in subsec. (c)(4)(B), is act
July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the
Housing Act of 1949 is classified generally to subchapter III (Sec.
1471 et seq.) of chapter 8A 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 1441 of Title 42, The Public
Health and Welfare, and Tables.
CODIFICATION
Section was enacted as part of the Housing and Urban Development
Act of 1968, and not as part of the National Housing Act which
comprises this chapter.
AMENDMENTS
2001 - Subsec. (c)(9). Pub. L. 107-73 struck out heading and text
of par. (9). Text read as follows: "The provisions of this
subsection shall not be effective after September 30, 2000."
1998 - Subsec. (c)(5)(C). Pub. L. 105-276, Sec. 594(b), amended
heading and text of subpar. (C) generally. Prior to amendment, text
read as follows: "Notification under subparagraph (A) shall not be
required with respect to any loan -
"(i) insured or guaranteed under chapter 37 of title 38; or
"(ii) for which the eligible homeowner pays the amount overdue
before the expiration of the 45-day period under subparagraph
(B)(ii)."
Subsec. (c)(9). Pub. L. 105-276, Sec. 594(a), substituted "2000"
for "1994".
1996 - Subsec. (d)(5)(A). Pub. L. 104-316, Sec. 106(a)(2),
substituted "(9)" for "(10)(K)" in introductory provisions.
Subsec. (d)(8). Pub. L. 104-316, Sec. 106(a)(3), struck out "(for
purposes of the study and report under paragraph (9))" before "may
require".
Subsec. (d)(9) to (13). Pub. L. 104-316, Sec. 106(a)(1), (4),
redesignated pars. (10) to (13) as (9) to (12), respectively, and
struck out former par. (9) which related to GAO study and report on
demonstration program.
1992 - Subsec. (a)(3). Pub. L. 102-550, Sec. 162(a), substituted
"except that for such purposes there are authorized to be
appropriated $6,025,000 for fiscal year 1993 and $6,278,050 for
fiscal year 1994. Of the amounts appropriated for each of fiscal
years 1993 and 1994, up to $500,000 shall be available for use for
counseling and other activities in connection with the
demonstration program under section 152 of the Housing and
Community Development Act of 1992." for "except that for such
purposes there are authorized to be appropriated $3,600,000 for
fiscal year 1991 and $3,700,000 for fiscal year 1992."
Subsec. (c)(3)(A)(iii). Pub. L. 102-550, Sec. 162(b)(3), added
cl. (iii).
Subsec. (c)(4). Pub. L. 102-550, Sec. 162(b)(4), inserted flush
sentence at end.
Subsec. (c)(5)(A). Pub. L. 102-550, Sec. 162(b)(5), added subpar.
(A) and struck out former subpar. (A) which read as follows: "(A)
In general. - Except as provided in subparagraph (C), if any
eligible homeowner fails to pay any amount by the date the amount
is due under a home loan, the creditor of the loan shall notify the
homeowner of the availability of any homeownership counseling
offered by the creditor and, as a supplement to counseling provided
by the creditor, shall notify the homeowner of 1 of the following:
"(i) The availability of homeownership counseling provided by
nonprofit organizations approved by the Secretary and experienced
in the provision of homeownership counseling.
"(ii) The toll-free telephone number described in subparagraph
(D)(i)."
Subsec. (c)(5)(D)(i). Pub. L. 102-550, Sec. 162(b)(6), inserted
", which shall be updated annually," after "organizations".
Subsec. (c)(8). Pub. L. 102-550, Sec. 162(b)(1), amended first
sentence generally. Prior to amendment, first sentence read as
follows: "There is authorized to be appropriated to carry out this
section $6,700,000 for fiscal year 1991 and $7,000,000 for fiscal
year 1992, of which amounts $2,000,000 shall be available in each
such fiscal year to carry out paragraph (5)(D)."
Subsec. (c)(9). Pub. L. 102-550, Sec. 162(b)(2), substituted
"1994" for "1992".
Subsec. (d)(12). Pub. L. 102-550, Sec. 162(c), amended par. (12)
generally. Prior to amendment, par. (12) read as follows: "There
are authorized to be appropriated to carry out this subsection
$350,000 for fiscal year 1991 and $365,000 for fiscal year 1992."
Subsecs. (e), (f). Pub. L. 102-550, Sec. 162(d), added subsecs.
(e) and (f).
1990 - Subsec. (a)(2)(A) to (C). Pub. L. 101-625, Sec. 706(c),
designated portions of existing text as cls. (A) and (C), and added
cl. (B).
Subsec. (a)(3). Pub. L. 101-625, Sec. 577(a), substituted
provisions authorizing appropriations of $3,600,000 for fiscal year
1991 and $3,700,000 for fiscal year 1992, for provisions
authorizing appropriations of $3,500,000 for each of the fiscal
years 1988 and 1989.
Subsec. (c)(5). Pub. L. 101-625, Sec. 577(b)(3), amended par. (5)
generally. Prior to amendment, par. (5) read as follows: "The
creditor of a delinquent home loan shall notify an eligible
homeowner of the availability of any homeownership counseling
offered by the creditor. As a supplement to the counseling provided
by the creditor, the creditor shall notify the homeowner of the
availability of 1 of the following:
"(A) Homeownership counseling provided by nonprofit
organizations approved by the Secretary and experienced in the
provision of homeownership counseling.
"(B) A list of the nonprofit organizations, approved by the
Secretary and experienced in the provision of homeownership
counseling, that can be obtained by calling a toll-free telephone
number at the Department of Housing and Urban Development.
"(C) Homeownership counseling provided by the Administrator of
Veterans' Affairs for loans insured or guaranteed under chapter
37 of title 38."
Subsec. (c)(8). Pub. L. 101-625, Sec. 577(b)(1), amended first
sentence generally. Prior to amendment, first sentence read as
follows: "There are authorized to be appropriated to carry out this
subsection $3,500,000 for each of the fiscal years 1988 and 1989."
Subsec. (c)(9). Pub. L. 101-625, Sec. 577(b)(2), substituted
"September 30, 1992" for "September 30, 1990".
Subsec. (d). Pub. L. 101-625, Sec. 577(c), added subsec. (d).
1989 - Subsec. (c)(9). Pub. L. 101-137 substituted "September 30,
1990" for "September 30, 1989".
1988 - Subsec. (a)(2). Pub. L. 100-628 inserted before period at
end of first sentence "or guaranteed or insured under chapter 37 of
title 38".
Subsec. (a)(3). Pub. L. 100-242, Sec. 169(a), substituted "except
that for each of the fiscal years 1988 and 1989 there are
authorized to be appropriated $3,500,000 for such purposes" for
"except that for the fiscal year 1984, there are authorized to be
appropriated not to exceed $3,500,000 for such purposes".
Subsec. (c). Pub. L. 100-242, Sec. 169(b), added subsec. (c).
1984 - Subsec. (b)(1). Pub. L. 98-479 substituted "architectural"
for "architechtual".
1983 - Subsec. (a)(3). Pub. L. 98-181 substituted "1984" for
"1982", and "$3,500,000" for "$4,000,000".
1981 - Subsec. (a)(3). Pub. L. 97-35 inserted provisions
authorizing appropriations for fiscal year 1982.
1977 - Subsec. (a)(2). Pub. L. 95-128 authorized the Secretary to
provide the services for other owners of single family dwelling
units insured under subchapter II of this chapter.
1974 - Subsec. (a)(1). Pub. L. 93-383, Sec. 811(b)(1), (c), in
cl. (iii) substituted provisions authorizing counseling and advice
to tenants and homeowners with respect to property maintenance,
etc., for provisions authorizing counseling on household
management, self-help, etc., for families receiving assistance
under this chapter or the United States Housing Act of 1937, and
added cl. (iv).
Subsec. (a)(2). Pub. L. 93-383, Sec. 811(b)(2), added par. (2).
Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 93-383, Sec. 811(b)(2), (d), redesignated
former par. (2) as (3) and substituted "such sums as may be
necessary" for "not to exceed $5,000,000".
Subsec. (b)(1), (2). Pub. L. 93-383, Sec. 811(e), (f), inserted
reference to public housing agencies.
1970 - Subsec. (a). Pub. L. 91-609, Sec. 903(a), designated
existing provisions as par. (1), inserted provision respecting
specific authorities without limitation to such authorities,
redesignated former par. (1) as cl. (i), struck out introductory
text relating to assistance with respect to construction,
rehabilitation, and operation by nonprofit organizations of housing
for low or moderate income families now incorporated in cl. (i),
redesignated former par. (2) as cl. (ii), inserting therein
provision for assistance to public bodies or to nonprofit or
cooperative organizations, including assistance with respect to
self-help and mutual self-help programs, and added cl. (iii) and
par. (2).
Subsec. (b)(1). Pub. L. 91-609, Sec. 903(b), substituted "section
1715z of this title or any other federally assisted program" for
"any federally assisted program" in first sentence.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1715z-20 of this title;
title 42 sections 1472, 3535, 9816.
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