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42 U.S.C. § 8105Powers and duties of corporation

submitted 48 years ago by Pub. L. 95-557 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 835 words · no verdicts yet

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This corporation continues the federal government's earlier Urban Reinvestment Task Force work — running neighborhood housing services programs, funding neighborhood preservation projects, and supporting a national loan-purchase group. It has broad legal powers, like suing, contracting, and holding property, and can partner with federal financial regulators and local governments. It cannot issue stock, pay dividends, or support political candidates.

(a) Continuing Urban Reinvestment Task Force work. The corporation must keep running neighborhood housing services programs nationwide — setting them up, monitoring their progress, and giving them grants and technical help. A "neighborhood housing services program" can be a partnership of neighborhood residents and local government and financial-institution representatives, organized as a state-chartered nonprofit, working to bring investment back to a neighborhood through systematic housing inspections, more public and private investment, more resident investment, and a revolving loan fund offering flexible loans to homeowners who don't meet normal private lending criteria. The corporation must also keep identifying, monitoring, evaluating, and funding promising neighborhood preservation projects that could reverse neighborhood decline and improve quality of life. It must experimentally replicate preservation projects that have already succeeded, and once it develops a reliable process, bring those programs to more neighborhoods that could benefit, by helping organize programs, partly funding their costs, and giving ongoing technical help. The corporation must keep supporting Neighborhood Housing Services of America, a nonprofit that serves local neighborhood housing services programs, including technical help and grants to expand its national loan-purchase pool, and may contract with it for work it can do better than the corporation itself. When giving grants and other assistance, the corporation decides what reporting and management rules recipients must follow, and must make sure recipients share whatever information the corporation needs to check compliance with federal law. (b) General administrative powers. To carry out its purposes, the corporation may: adopt and use a corporate seal; exist continuously until Congress dissolves it; make and carry out contracts and agreements; sue and be sued in any court; decide its own necessary spending and how to pay it, and hire and pay consultants without following most other laws (except section 8107(d)); settle, adjust, or release claims for or against the corporation, with or without payment; invest its funds as the board of directors decides; acquire, hold, and dispose of property; and do anything else necessary and proper to carry out its purposes. (c) Contracting powers. The corporation may contract with the Office of Neighborhood Reinvestment of the Federal home loan banks for staff, services, facilities, and equipment, including having that office's director serve as the corporation's executive director. It may award contracts and grants to neighborhood housing services corporations and other nonprofits doing neighborhood preservation work, and to local governments. Several federal agencies and regulators — HUD, the Federal Housing Finance Agency and Federal home loan banks, the Federal Reserve Board and Reserve banks, the FDIC, the Comptroller of the Currency, the National Credit Union Administration, and others — are authorized to give the corporation funds, services, and facilities, with or without repayment. (d) Non-profit nature of corporation. The corporation cannot issue stock or pay dividends. None of its income or assets can benefit any director, officer, or employee, except as reasonable pay for services or reimbursement for expenses. The corporation may not support any political party or candidate for office.
the actual law source: uscode.house.gov ↗public domain
(a) Continuance of work of Urban Reinvestment Task Force regarding neighborhood housing services programs and preservation projects
(1)

The corporation shall continue the work of the Urban Reinvestment Task Force in establishing neighborhood housing services programs in neighborhoods throughout the United States, monitoring their progress, and providing them with grants and technical assistance. For the purpose of this paragraph, a neighborhood housing services program may involve a partnership of neighborhood residents and representatives of local governmental and financial institutions, organized as a State-chartered non-profit corporation, working to bring about reinvestment in one or more neighborhoods through a program of systematic housing inspections, increased public investment, increased private lending, increased resident investment, and a revolving loan fund to make loans available at flexible rates and terms to homeowners not meeting private lending criteria.

(2)

The corporation shall continue the work of the Urban Reinvestment Task Force in identifying, monitoring, evaluating, and providing grants and technical assistance to selected neighborhood preservation projects which show promise as mechanisms for reversing neighborhood decline and improving the quality of neighborhood life.

(3)

The corporation shall experimentally replicate neighborhood preservation projects which have demonstrated success, and after creating reliable developmental processes, bring the new programs to neighborhoods throughout the United States which in the judgment of the corporation can benefit therefrom, by providing assistance in organizing programs, providing grants in partial support of program costs, and providing technical assistance to ongoing programs.

(4)

The corporation shall continue the work of the Urban Reinvestment Task Force in supporting Neighborhood Housing Services of America, a nonprofit corporation established to provide services to local neighborhood housing services programs, with support which may include technical assistance and grants to expand its national loan purchase pool and may contract with it for services which it can perform more efficiently or effectively than the corporation.

(5)

The corporation shall, in making and providing the foregoing grants and technical and other assistance, determine the reporting and management restrictions or requirements with which the recipients of such grants or other assistance must comply. In making such determinations, the corporation shall assure that recipients of grants and other assistance make available to the corporation such information as may be necessary to determine compliance with applicable Federal laws.

(b) General administrative powers

To carry out the foregoing purposes and engage in the foregoing activities, the corporation is authorized—

(1)

to adopt, alter, and use a corporate seal;

(2)

to have succession until dissolved by Act of Congress;

(3)

to make and perform contracts, agreements, and commitments;

(4)

to sue and be sued, complain and defend, in any State, Federal, or other court;

(5)

to determine its necessary expenditures and the manner in which the same shall be incurred, allowed, and paid, and appoint, employ, and fix and provide for the compensation of consultants, without regard to any other law, except as provided in section 8107(d) of this title;

(6)

to settle, adjust, and compromise, and with or without compensation or benefit to the corporation to release or waive in whole or in part, in advance or otherwise, any claim, demand, or right of, by, or against the corporation;

(7)

to invest such funds of the corporation in such investments as the board of directors may prescribe;

(8)

to acquire, take, hold, and own, and to deal with and dispose of any property; and

(9)

to exercise all other powers that are necessary and proper to carry out the purposes of this subchapter.

(c) Contracting powers
(1)

The corporation may contract with the Office of Neighborhood Reinvestment of the Federal home loan banks for all staff, services, facilities, and equipment now or in the future furnished by the Office of Neighborhood Reinvestment to the Urban Reinvestment Task Force, including receiving the services of the Director of the Office of Neighborhood Reinvestment as the corporation’s executive director.

(2)

The corporation shall have the power to award contracts and grants to—

(A)

neighborhood housing services corporations and other nonprofit corporations engaged in neighborhood preservation activities; and

(B)

local governmental bodies.

(3)

The Secretary of Housing and Urban Development, the Federal Housing Finance Agency and the Federal home loan banks, the Board of Governors of the Federal Reserve System and the Federal Reserve banks, the Federal Deposit Insurance Corporation, and the Comptroller of the Currency, the National Credit Union Administration or any other department, agency, or other instrumentality of the Federal Government are authorized to provide funds, services and facilities, with or without reimbursement, necessary to achieve the objectives and to carry out the purposes of this subchapter.

(d) Non-profit nature of corporation
(1)

The corporation shall have no power to issue any shares of stocks, or to declare or pay any dividends.

(2)

No part of the income or assets of the corporation shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses.

(3)

The corporation may not contribute to or otherwise support any political party or candidate for elective public office.

Source credit: (Pub. L. 95–557, title VI, § 606, Oct. 31, 1978, 92 Stat. 2117; Pub. L. 96–399, title III, § 315(2), Oct. 8, 1980, 94 Stat. 1645; Pub. L. 97–320, title VII, § 710(b), Oct. 15, 1982, 96 Stat. 1544; Pub. L. 111–203, title III, § 374, July 21, 2010, 124 Stat. 1566.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-557 · 92 Stat. 2117
  • 1980Amended · Pub. L. 96-399 · 94 Stat. 1645
  • 1982Amended · Pub. L. 97-320 · 96 Stat. 1544
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1566

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-557 on 1978-10-31.

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