12 U.S.C. § 1748h–1 — Civilian employees of Armed Forces
submitted 92 years ago by ch. 847 to r/title-12-BANKS-AND-BANKING · 1,079 words · no verdicts yet
This section allows the Secretary to insure certain mortgages for essential civilian employees connected with military, NASA, or Atomic Energy Commission research or development installations. It sets requirements for housing need, guarantees, insurance benefits, and related cross-referenced provisions.
(a) Requirements and certificate of housing need. Despite any other provision of this subchapter, and in addition to mortgages insured under 12 U.S.C. § 1748b, the Secretary may insure a mortgage* under this section if it meets the eligibility requirements in 12 U.S.C. § 1709(b). When the mortgage is insured, the mortgagor* must own the property and either occupy it or certify that the failure to occupy it resulted from a change in the mortgagor’s employment by the Armed Forces or a contractor of the Armed Forces. The Secretary of Defense or the Secretary’s designee must issue a certificate stating that the person* needs housing and, on the date of the certificate, is an essential, nontemporary civilian employee at a research or development installation of one of the United States military* departments or a contractor of one of those departments. The certificate is conclusive evidence to the Secretary of the mortgagor’s employment status and need for housing.
(b) Certification of housing need and guarantee against loss. The Secretary of Defense or the Secretary’s designee must certify to the Secretary that the housing is necessary to provide adequate housing for such civilians employed in connection with the research or development installation and that there is no present intention to substantially reduce the number of those civilian personnel* assigned or to be assigned to the installation. That certification is conclusive evidence to the Secretary of the need for the housing. If the Secretary determines that insuring mortgages on that housing is not an acceptable risk, the Secretary may require the Secretary of Defense to guarantee the General Insurance Fund against loss on mortgages insured under this section. The Secretary must relieve the Secretary of Defense from the obligation to provide that guarantee for a mortgage assumed by a person who is ineligible to receive a certificate under subsection (a), if the original mortgagor is issued another certificate for a mortgage insured under this section on property that the Secretary determines is not an acceptable risk. Congress may appropriate amounts needed to pay losses resulting from that guarantee.
(c) Economic soundness of property. The Secretary may accept a mortgage for insurance under this section without applying a requirement in another section of this chapter that the project or property be economically sound or an acceptable risk.
(d) Insurance benefits available to mortgagee*. A mortgagee under a mortgage insured under this section is entitled to the insurance benefits provided in 12 U.S.C. § 1710(a) for mortgages insured under 12 U.S.C. § 1709.
(e) Payment of insurance and meaning of terms. Subsections (b), (c), (d), (e), (f), (g), (h), (j), and (k) of 12 U.S.C. § 1710 apply to mortgages insured under this section. For those mortgages, every reference to the “Fund” or “Mutual Mortgage Insurance Fund” means the “General Insurance Fund,” and every reference to 12 U.S.C. § 1709 means this section.
(f) Other applicable provisions. The provisions of 12 U.S.C. §§ 1748, 1748a, 1748b(c), 1748b(i), 1748b(j), 1748c(a), 1748c(b), and 1748f apply to mortgages insured under this section. The provision in § 1748b(a) concerning the aggregate amount of all mortgages insured under this subchapter also applies.
(g) Housing for NASA or Atomic Energy Commission personnel; guarantee against loss; definitions. (1) A mortgage secured by property intended to provide housing for a person who is (i) employed or assigned to duty at or in connection with a NASA research or development installation, with the property located at or near that installation, or (ii) employed at an Atomic Energy Commission research or development installation, with the property located at or near that installation, may be insured by the Secretary under this section if the mortgage otherwise meets this section’s requirements. The NASA Administrator or designee, for a mortgage secured by property intended to house a person employed or assigned to duty at a NASA installation, or the Chairman of the Atomic Energy Commission or designee, for a mortgage secured by property intended to house a person employed at an Atomic Energy Commission installation, may guarantee and indemnify the General Insurance Fund against loss to the extent the Secretary requires under subsection (b).
(g)(2) For purposes of this subsection—(i) The terms “Armed Forces,” “one of the military departments of the United States,” “military department,” “Secretary of Defense or his designee,” and “Secretary of Defense,” when used in subsections (a) and (b), mean, as appropriate, NASA or its Administrator, or the Atomic Energy Commission or its Chairman; (ii) “Secretary of the Army, Navy, or Air Force,” when used in § 1748d, means, as appropriate, NASA or its Administrator; (iii) “civilian employee,” “civilians,” and “civilian personnel,” when used in this section, mean, as appropriate, (A) NASA employees or contractors, or military personnel assigned to duty at a NASA installation, or (B) persons employed at or in connection with an Atomic Energy Commission research or development installation; and (iv) “military installation,” when used in § 1748d, means a NASA installation. This section does not define these quoted terms; it gives them the meanings stated here.
Notwithstanding any other provisions of this subchapter and in addition to mortgages insured under section 1748b of this title, the Secretary may insure any mortgage* under this section which meets the eligibility requirements set forth in section 1709(b) of this title: Provided, That a mortgage insured under this section shall have been executed by a mortgagor* who at the time of insurance is the owner of the property and either occupies the property or certifies that his failure to do so is the result of a change in his employment by the Armed Forces or a contractor thereof and to whom the Secretary of Defense or his designee has issued a certificate indicating that such person* requires housing and is at the date of the certificate a civilian employee at a research or development installation of one of the military* departments of the United States or a contractor thereof and is considered by such military department to be an essential, nontemporary employee at such date. Such certificate shall be conclusive evidence to the Secretary of the employment status of the mortgagor and of the mortgagor’s need for housing.
No mortgage shall be insured under this section unless the Secretary of Defense or his designee shall have certified to the Secretary that the housing is necessary to provide adequate housing for such civilians employed in connection with such a research or development installation and that there is no present intention to substantially curtail the number of such civilian personnel* assigned or to be assigned to such installation. Such certification shall be conclusive evidence to the Secretary of the need for such housing but if the Secretary determines that insurance of mortgages on such housing is not an acceptable risk, he may require the Secretary of Defense to guarantee the General Insurance Fund from loss with respect to mortgages insured pursuant to this section: Provided, That the Secretary shall relieve the Secretary of Defense from any obligation to guarantee the General Insurance Fund from loss with respect to a mortgage assumed by a person ineligible to receive a certificate under subsection (a), if the original mortgagor is issued another certificate with respect to a mortgage insured under this section on property which the Secretary determines is not an acceptable risk. There are authorized to be appropriated such sums as may be necessary to provide for payment to meet losses arising from such guaranty.
The Secretary may accept any mortgage for insurance under this section without regard to any requirement in any other section of this chapter, that the project or property be economically sound or an acceptable risk.
Any mortgagee under a mortgage insured under this section is entitled to the benefits of insurance as provided in section 1710(a) of this title with respect to mortgages insured under section 1709 of this title.
The provisions of subsections (b), (c), (d), (e), (f), (g), (h),1 (j), and (k) 1 of section 1710 of this title shall apply to mortgages insured under this section except that as applicable to those mortgages: (1) all references to the “Fund” or “Mutual Mortgage Insurance Fund” shall refer to the “General Insurance Fund” and (2) all references to section 1709 of this title shall refer to this section.
The provisions of sections 1748, 1748a,1 1748b(c), 1748b(i), 1748b(j), 1748c(a),1 1748c(b),1 and 1748f of this title and the provisions of section 1748b(a) of this title relating to the aggregate amount of all mortgages insured under this subchapter, shall be applicable to mortgages insured under this section.
A mortgage secured by property which is intended to provide housing for a person (i) employed or assigned to duty at or in connection with any research or development installation of the National Aeronautics and Space Administration and which is located at or near such installation, or (ii) employed at any research or development installation of the Atomic Energy Commission and which is located at or near such installation, may (if the mortgage otherwise meets the requirements of this section) be insured by the Secretary under the provisions of this section. The Administrator of the National Aeronautics and Space Administration (or his designee), in the case of any mortgage secured by property intended to provide housing for any person employed or assigned to duty at any such installation of the National Aeronautics and Space Administration, or the Chairman of the Atomic Energy Commission (or his designee), in the case of any mortgage secured by property intended to provide housing for any person employed at such installation of the Atomic Energy Commission, is authorized to guarantee and indemnify the General Insurance Fund against loss to the extent required by the Secretary, in accordance with the provisions of subsection (b) of this section.
For purposes of this subsection—
The terms “Armed Forces”, “one of the military departments of the United States”, “military department”, “Secretary of Defense or his designee”, and “Secretary of Defense”, when used in subsections (a) and (b) of this section, shall be deemed to refer to the National Aeronautics and Space Administration (or the Administrator thereof), or the Atomic Energy Commission (or the Chairman thereof), as may be appropriate;
The term “Secretary of the Army, Navy, or Air Force”, when used in section 1748d of this title, shall be deemed to refer to the National Aeronautics and Space Administration or the Administrator thereof, as may be appropriate;
The terms “civilian employee”, “civilians”, and “civilian personnel”, as used in this section, shall be deemed to refer to (A) employees of the National Aeronautics and Space Administration or a contractor thereof or to military personnel assigned to duty at an installation of the National Aeronautics and Space Administration, or (B) persons employed at or in connection with any research or development installation of the Atomic Energy Commission, as the case may be; and
The term “military installation” when used in section 1748d of this title shall be deemed to refer to an installation of the National Aeronautics and Space Administration.
Source credit: (June 27, 1934, ch. 847, title VIII, § 809, as added June 13, 1956, ch. 381, 70 Stat. 273; amended Pub. L. 86–372, title I, § 116(b), Sept. 23, 1959, 73 Stat. 664; Pub. L. 86–578, July 5, 1960, 74 Stat. 314; Pub. L. 86–774, § 3, Sept. 13, 1960, 74 Stat. 915; Pub. L. 87–623, § 2, Aug. 31, 1962, 76 Stat. 418; Pub. L. 88–127, § 1, Sept. 23, 1963, 77 Stat. 163; Pub. L. 89–117, title II, § 202(c), title XI, § 1108(v), Aug. 10, 1965, 79 Stat. 466, 506; Pub. L. 90–19, § 1(a)(3), (r), May 25, 1967, 81 Stat. 17, 19; Pub. L. 91–78, § 2(d), Sept. 30, 1969, 83 Stat. 125; Pub. L. 91–152, title I, § 101(f), Dec. 24, 1969, 83 Stat. 379; Pub. L. 91–432, § 1(d), Oct. 2, 1970, 84 Stat. 887; Pub. L. 91–473, § 1(d), Oct. 21, 1970, 84 Stat. 1065; Pub. L. 91–525, § 1(d), Dec. 1, 1970, 84 Stat. 1384; Pub. L. 91–609, title I, §§ 101(f), 112, Dec. 31, 1970, 84 Stat. 1770, 1772; Pub. L. 92–503, § 1(f), Oct. 18, 1972, 86 Stat. 906; Pub. L. 93–85, § 1(f), Aug. 10, 1973, 87 Stat. 220; Pub. L. 93–117, § 1(f), Oct. 2, 1973, 87 Stat. 421; Pub. L. 93–383, title III, § 316(d), Aug. 22, 1974, 88 Stat. 685; Pub. L. 95–60, § 1(e), June 30, 1977, 91 Stat. 257; Pub. L. 95–80, § 1(e), July 31, 1977, 91 Stat. 339; Pub. L. 95–128, title III, § 301(h), Oct. 12, 1977, 91 Stat. 1131; Pub. L. 95–406, § 1(h), Sept. 30, 1978, 92 Stat. 879; Pub. L. 95–557, title III, § 301(h), Oct. 31, 1978, 92 Stat. 2096; Pub. L. 96–71, § 1(h), Sept. 28, 1979, 93 Stat. 501; Pub. L. 96–105, § 1(h), Nov. 8, 1979, 93 Stat. 794; Pub. L. 96–153, title III, § 301(h), Dec. 21, 1979, 93 Stat. 1112; Pub. L. 96–372, § 1(h), Oct. 3, 1980, 94 Stat. 1363; Pub. L. 96–399, title III, § 301(h), Oct. 8, 1980, 94 Stat. 1638; Pub. L. 97–35, title III, § 331(h)(1), Aug. 13, 1981, 95 Stat. 413; Pub. L. 97–289, § 1(h), Oct. 6, 1982, 96 Stat. 1230; Pub. L. 98–35, § 1(h), May 26, 1983, 97 Stat. 197; Pub. L. 98–109, § 1(h), Oct. 1, 1983, 97 Stat. 745; Pub. L. 98–181, title I [title IV, § 401(g)], Nov. 30, 1983, 97 Stat. 1208; Pub. L. 99–120, § 1(h)(1), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99–156, § 1(h)(1), Nov. 15, 1985, 99 Stat. 815; Pub. L. 99–219, § 1(h)(1), Dec. 26, 1985, 99 Stat. 1730; Pub. L. 99–267, § 1(i)(1), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99–272, title III, § 3007(h)(1), Apr. 7, 1986, 100 Stat. 105; Pub. L. 99–289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99–345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99–430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100–122, § 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100–154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100–170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100–179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100–200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100–242, title IV, § 401(a)(5), Feb. 5, 1988, 101 Stat. 1898; Pub. L. 101–625, title IX, § 952(b), Nov. 28, 1990, 104 Stat. 4418; Pub. L. 102–550, title IX, § 904(b), Oct. 28, 1992, 106 Stat. 3868.)
- 1934Enacted · Act of June 27, 1934, ch. 847 · 70 Stat. 273
- 1959Amended · Pub. L. 86-372 · 73 Stat. 664
- 1960Amended · Pub. L. 86-578 · 74 Stat. 314
- 1960Amended · Pub. L. 86-774 · 74 Stat. 915
- 1962Amended · Pub. L. 87-623 · 76 Stat. 418
- 1963Amended · Pub. L. 88-127 · 77 Stat. 163
- 1965Amended · Pub. L. 89-117 · 79 Stat. 466, 506
- 1967Amended · Pub. L. 90-19 · 81 Stat. 17, 19
- 1969Amended · Pub. L. 91-78 · 83 Stat. 125
- 1969Amended · Pub. L. 91-152 · 83 Stat. 379
- 1970Amended · Pub. L. 91-432 · 84 Stat. 887
- 1970Amended · Pub. L. 91-473 · 84 Stat. 1065
- 1970Amended · Pub. L. 91-525 · 84 Stat. 1384
- 1970Amended · Pub. L. 91-609 · 84 Stat. 1770, 1772
- 1972Amended · Pub. L. 92-503 · 86 Stat. 906
- 1973Amended · Pub. L. 93-85 · 87 Stat. 220
- 1973Amended · Pub. L. 93-117 · 87 Stat. 421
- 1974Amended · Pub. L. 93-383 · 88 Stat. 685
- 1977Amended · Pub. L. 95-60 · 91 Stat. 257
- 1977Amended · Pub. L. 95-80 · 91 Stat. 339
- 1977Amended · Pub. L. 95-128 · 91 Stat. 1131
- 1978Amended · Pub. L. 95-406 · 92 Stat. 879
- 1978Amended · Pub. L. 95-557 · 92 Stat. 2096
- 1979Amended · Pub. L. 96-71 · 93 Stat. 501
- 1979Amended · Pub. L. 96-105 · 93 Stat. 794
- 1979Amended · Pub. L. 96-153 · 93 Stat. 1112
- 1980Amended · Pub. L. 96-372 · 94 Stat. 1363
- 1980Amended · Pub. L. 96-399 · 94 Stat. 1638
- 1981Amended · Pub. L. 97-35 · 95 Stat. 413
- 1982Amended · Pub. L. 97-289 · 96 Stat. 1230
- 1983Amended · Pub. L. 98-35 · 97 Stat. 197
- 1983Amended · Pub. L. 98-109 · 97 Stat. 745
- 1983Amended · Pub. L. 98-181 · 97 Stat. 1208
- 1985Amended · Pub. L. 99-120 · 99 Stat. 503
- 1985Amended · Pub. L. 99-156 · 99 Stat. 815
- 1985Amended · Pub. L. 99-219 · 99 Stat. 1730
- 1986Amended · Pub. L. 99-267 · 100 Stat. 74
- 1986Amended · Pub. L. 99-272 · 100 Stat. 105
- 1986Amended · Pub. L. 99-289 · 100 Stat. 412
- 1986Amended · Pub. L. 99-345 · 100 Stat. 673
- 1986Amended · Pub. L. 99-430 · 100 Stat. 986
- 1987Amended · Pub. L. 100-122 · 101 Stat. 793
- 1987Amended · Pub. L. 100-154 · 101 Stat. 890
- 1987Amended · Pub. L. 100-170 · 101 Stat. 914
- 1987Amended · Pub. L. 100-179 · 101 Stat. 1018
- 1987Amended · Pub. L. 100-200 · 101 Stat. 1327
- 1988Amended · Pub. L. 100-242 · 101 Stat. 1898
- 1990Amended · Pub. L. 101-625 · 104 Stat. 4418
- 1992Amended · Pub. L. 102-550 · 106 Stat. 3868
A history note hasn’t been published yet. The record shows enactment by ch. 847 on 1934-06-27.
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