12 U.S.C. § 1723

Management

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(a) Government National Mortgage Association

All the powers and duties of the Government National Mortgage Association shall be vested in the Secretary of Housing and Urban Development and the Association shall be administered under the direction of the Secretary. Within the limitations of law, the Secretary shall determine the general policies which shall govern the operations of the Association, and shall have power to adopt, amend, and repeal bylaws governing the performance of the powers and duties granted to or imposed upon it by law. There is hereby established in the Department of Housing and Urban Development the position of President, Government National Mortgage Association, who shall be appointed by the President, by and with the advice and consent of the Senate. The Secretary shall select and effect the appointment of qualified persons to fill the offices of vice president, and such other offices as may be provided for in the bylaws. Persons appointed under the preceding sentence shall perform such executive functions, powers, and duties as may be prescribed by the bylaws or by the Secretary, and such persons shall be executive officers of the Association and shall discharge all such executive functions, powers, and duties.

(b) Federal National Mortgage Association

The Federal National Mortgage Association shall have a board of directors, which shall consist of 13 persons, or such other number that the Director determines appropriate, who shall be elected annually by the common stockholders. Except to the extent that action under section 4636a of this title temporarily results in a lesser number, the board shall at all times have as members at least one person from the homebuilding industry, at least one person from the mortgage lending industry, at least one person from the real estate industry, and at least one person from an organization that has represented consumer or community interests for not less than 2 years or one person who has demonstrated a career commitment to the provision of housing for low-income households. Each member of the board of directors shall be elected for a term ending on the date of the next annual meeting of the stockholders. Any seat on the board which becomes vacant after the annual election of the directors shall be filled by the board, but only for the unexpired portion of the term. Within the limitations of law and regulation, the board shall determine the general policies which shall govern the operations of the corporation, and shall have power to adopt, amend, and repeal bylaws governing the performance of the powers and duties granted to or imposed upon it by law. The board of directors shall select and effect the appointment of qualified persons to fill the offices of president and vice president, and such other offices as may be provided for in the bylaws. Any member of the board who is a full-time officer or employee of the Federal Government shall not, as such member, receive compensation for his services.

(June 27, 1934, ch. 847, title III, § 308, as added Aug. 2, 1954, ch. 649, title II, § 201, 68 Stat. 620; amended Pub. L. 89–174, § 5(b), Sept. 9, 1965, 79 Stat. 669; Pub. L. 89–754, title X, § 1020(d), Nov. 3, 1966, 80 Stat. 1296; Pub. L. 90–19, § 1(l), (m), May 25, 1967, 81 Stat. 18, 19; Pub. L. 90–448, title VIII, § 802(y), Aug. 1, 1968, 82 Stat. 539; Pub. L. 94–375, § 17(a), Aug. 3, 1976, 90 Stat. 1076; Pub. L. 98–440, title II, § 207, Oct. 3, 1984, 98 Stat. 1696; Pub. L. 102–550, title XIII, § 1381(h)(1), (i), Oct. 28, 1992, 106 Stat. 3996; Pub. L. 110–289, div. A, title I, §§ 1153(b)(2), 1162(a)(1), July 30, 2008, 122 Stat. 2775, 2781.)Editorial NotesPrior Provisions

A prior section 308 of act June 27, 1934, ch. 847, title III, 48 Stat. 1255, related to depositories of public moneys, prior to the general amendment of this subchapter by act July 1, 1948, ch. 784, § 1, 62 Stat. 1206.

Prior provisions on the subject of this section were contained in section 1716 of this title.

Amendments

2008—Subsec. (b). Pub. L. 110–289, § 1162(a)(1), in first sentence, substituted “13 persons, or such other number that the Director determines appropriate, who” for “eighteen persons, five of whom shall be appointed annually by the President of the United States, and the remainder of whom”, in second sentence, struck out “appointed by the President” after “as members”, in third sentence, struck out “appointed or” after “directors shall be” and “, except that any such appointed member may be removed from office by the President for good cause” after “the stockholders”, in fourth sentence, struck out “elective” after “Any”, and struck out fifth sentence which read as follows: “Any appointive seat which becomes vacant shall be filled by appointment of the President, but only for the unexpired portion of the term.”

Pub. L. 110–289, § 1153(b)(2), in second sentence, substituted “Except to the extent that action under section 4636a of this title temporarily results in a lesser number, the” for “The”.

1992—Subsec. (b). Pub. L. 102–550, in second sentence, struck out “and” after “mortgage lending industry,” and inserted “, and at least one person from an organization that has represented consumer or community interests for not less than 2 years or one person who has demonstrated a career commitment to the provision of housing for low-income households” and in third sentence, substituted “any such appointed member” for “any such member”.

1984—Subsec. (b). Pub. L. 98–440 substituted “, which shall consist of eighteen persons, five of whom” for “which shall consist of fifteen persons, one-third of whom”.

1976—Subsec. (a). Pub. L. 94–375 substituted provision establishing, in the Department of Housing and Urban Development, the position of president of the Government National Mortgage Association, to be filled by the President, by and with the consent of the Senate, for provision that the Secretary appoint the president of the Association.

1968—Subsec. (a). Pub. L. 90–448, § 802(y)(1)–(6), designated existing provisions as subsec. (a), inserted provisions directing that the powers and duties of the Government National Mortgage Association shall be vested in the Secretary of Housing and Urban Development and that the Association shall be administered under the direction of the Secretary, and empowering the Secretary to adopt, amend, and repeal bylaws, and struck out provisions which related to the Board of Directors of the Federal National Mortgage Association.

Subsec. (b). Pub. L. 90–448, § 802(y)(7), added subsec. (b).

1967—Pub. L. 90–19 substituted “Secretary of Housing and Urban Development” for “Housing and Home Finance Administrator”, and “the Secretary” for “said Administrator”, wherever appearing.

1966—Pub. L. 89–754 struck out subsec. (a) designation.

1965—Pub. L. 89–174 struck out next to last sentence which provided that the basic rate of compensation of the position of president of the Association shall be the same as the basic rate of compensation established for the heads of the constituent agencies of the Housing and Home Finance Agency.

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Pub. L. 102–550, title XIII, § 1381(h)(2), Oct. 28, 1992, 106 Stat. 3996, provided that: “The amendments made by paragraph (1) [amending this section] shall apply to the first annual appointment by the President of members to the board of directors of the Federal National Mortgage Association that occurs after the date of the enactment of this Act [Oct. 28, 1992].”

Effective Date of 1968 Amendment

For effective date of amendment by title VIII of Pub. L. 90–448, see section 808 of Pub. L. 90–448, set out as an Effective Date note under section 1716b of this title.

Effective Date of 1965 Amendment

For effective date of amendment by Pub. L. 89–174, see section 11(a) of Pub. L. 89–174, set out as an Effective Date note under section 3531 of Title 42, The Public Health and Welfare.

Transitional Provision

Pub. L. 110–289, div. A , title I, § 1162(a)(2), July 30, 2008, 122 Stat. 2781, provided that: “The amendments made by paragraph (1) [amending this section] shall not apply to any appointed position of the board of directors of the Federal National Mortgage Association until the expiration of the annual term for such position during which the effective date under section 1163 [set out as an Effective Date of 2008 Amendment note under section 3132 of Title 5, Government Organization and Employees] occurs.”

Powers and Duties of Position of GNMA President To Remain in Effect Until Position Filled

Pub. L. 94–375, § 17(e), Aug. 3, 1976, 90 Stat. 1077, provided that notwithstanding the amendment of subsec. (a) of this section, rights, powers, and duties of position of President, Government National Mortgage Association, as in effect on Aug. 2, 1976, remain in effect until the newly established position has been filled in accordance with the terms of this Act.

Notes of Decisions
Cited in 14 cases, 1967–2017 · leading case: Arakaki v. United States, 62 Fed. Cl. 244 (Fed. Cl. 2004).
Arakaki v. United States, 62 Fed. Cl. 244 (Fed. Cl. 2004). “The provisions concerning the acquisition and disposal of both insured mortgages [ 12 U.S.C. § 1723 ] and multifamily housing projects [12 U.”
Dickinson v. Suntrust Nat'l Mortg. Inc., 2014 Ark. 513 (Ark. 2014). · cites it 2× “” 12 U.S.C. § 1723 (a). The charter clearly 7 Cite as 2014 Ark.”
Gov't Nat'l Mortg. Ass'n v. Tyre Lee Terry, Individually, & in His Capacity of Clerk, Superior Court of Cobb Cnty., Georgia, 608 F.2d 614 (5th Cir. 1979). · cites it 2× “We look here to the Government’s exclusive control over Ginnie Mae, provided by 12 U.S.C.A. § 1723 (a), as a factor in determining that the United States’ interest in the corporation is greater than incidental.”
Vivian Warren v. Gov't Nat'l Mortg. Ass'n, 611 F.2d 1229 (8th Cir. 1980). “, and is under the management and control of the Secretary of HUD, 12 U.S.C. §§ 1723 (a) & 1723a(d). It has no capital stock, 12 U.”
First Agric. Nat'l Bank of Berkshire Cnty. v. State Tax Comm'n, 229 N.E.2d 245 (Mass. 1967). · cites it 2× “§ 1464 (h) (1964) (Federal savings and loan associations); 12 U.S.C. § 1723 (c) (1964) (Federal National Mortgage Association); 12 U.”
In Re Adana Mortg. Bankers, Inc., 12 B.R. 989 (Bankr. N.D. Ga. 1980). “12 U.S.C. §§ 1723 (a) and 1723a(d). 3 . 11 U.”
Brenda Joyce Northrip v. Fed. Nat'l Mortg. Ass'n, 527 F.2d 23 (6th Cir. 1975). “12 U.S.C. § 1723 (b). Of the 15 members, five are appointed annually by the President and the remaining ten are elected by the common shareholders.”
Nolan v. Shulman, Rogers, Gandal, Pordy & Ecker, P.A., 270 F. Supp. 3d 167 (D.D.C. 2017). “Fannie Mae cited 12 U.S.C. § 1723 (a) as the basis for removal, but the court assumes that Fannie Mae intended to cite 12 U.”
Jud. Watch, Inc. v. Fed. Hous. Fin. Agency, 744 F. Supp. 2d 228 (D.D.C. 2010). “See 12 U.S.C. § 1723 (Fannie Mae); 12 U.S.C. § 1452 (Freddie Mac).”
C.C. Port, Ltd. v. Davis-Penn Mortg. Co., 891 F. Supp. 371 (S.D. Tex. 1994). “12 U.S.C. § 1723 (a). II. FACTS Plaintiff, C.”
Fox v. United States Dep't of Hous. & Urban Dev., 680 F.2d 315 (3rd Cir. 1982). “12 U.S.C. § 1723 , although GNMA is headed by a president who handles all executive functions.”
Auth. of the Fed. Fin. Bank to Provide Loans to the Resolution Trust Corp. (OLC 1990). · cites it 2× “See 12 U.S.C. § 1723 (a) (1970) (Secretary of HUD selects president, vice-president, and other principal of­ ficers of GNMA); id.”
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