Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "42 U.S.C. § 1441"
description: "Congressional declaration of national housing policy"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "8A"
chapter_name: "SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING"
section: "1441"
citation: "42 U.S.C. § 1441"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 42 U.S.C. § 1441 - Congressional declaration of national housing policy
## Text
The Congress declares that the general welfare and security of the Nation and the health and living standards of its people require housing production and related community development sufficient to remedy the serious housing shortage, the elimination of substandard and other inadequate housing through the clearance of slums and blighted areas, and the realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family, thus contributing to the development and redevelopment of communities and to the advancement of the growth, wealth, and security of the Nation. The Congress further declares that such production is necessary to enable the housing industry to make its full contribution toward an economy of maximum employment, production, and purchasing power. The policy to be followed in attaining the national housing objective established shall be: (1) private enterprise shall be encouraged to serve as large a part of the total need as it can; (2) governmental assistance shall be utilized where feasible to enable private enterprise to serve more of the total need; (3) appropriate local public bodies shall be encouraged and assisted to undertake positive programs of encouraging and assisting the development of well-planned, integrated residential neighborhoods, the development and redevelopment of communities, and the production, at lower costs, of housing of sound standards of design, construction, livability, and size for adequate family life; (4) governmental assistance to eliminate substandard and other inadequate housing through the clearance of slums and blighted areas, to facilitate community development and redevelopment, and to provide adequate housing for urban and rural nonfarm families with incomes so low that they are not being decently housed in new or existing housing shall be extended to those localities which estimate their own needs and demonstrate that these needs are not being met through reliance solely upon private enterprise, and without such aid; and (5) governmental assistance for decent, safe, and sanitary farm dwellings and related facilities shall be extended where the farm owner demonstrates that he lacks sufficient resources to provide such housing on his own account and is unable to secure necessary credit for such housing from other sources on terms and conditions which he could reasonably be expected to fulfill. The Department of Housing and Urban Development, and any other departments or agencies of the Federal Government having powers, functions, or duties with respect to housing, shall exercise their powers, functions, and duties under this or any other law, consistently with the national housing policy declared by this Act and in such manner as will facilitate sustained progress in attaining the national housing objective hereby established, and in such manner as will encourage and assist (1) the production of housing of sound standards of design, construction, livability, and size for adequate family life; (2) the reduction of the costs of housing without sacrifice of such sound standards; (3) the use of new designs, materials, techniques, and methods in residential construction, the use of standardized dimensions and methods of assembly of home-building materials and equipment, and the increase of efficiency in residential construction and maintenance; (4) the development of well-planned, integrated, residential neighborhoods and the development and redevelopment of communities; and (5) the stabilization of the housing industry at a high annual volume of residential construction.
(July 15, 1949, ch. 338, § 2, 63 Stat. 413; Pub. L. 9019, § 6(a), May 25, 1967, 81 Stat. 21.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, known as the Housing Act of 1949, which is classified principally to this chapter (§ 1441 et seq.). For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Amendments1967—Pub. L. 9019 substituted “The Department of Housing and Urban Development” for “The Housing and Home Finance Agency and its constituent agencies”.
Statutory Notes and Related Subsidiaries
Short Title of 2004 AmendmentPub. L. 108285, § 1, Aug. 2, 2004, 118 Stat. 917, provided that: “This Act [amending section 1472 of this title, enacting provisions set out as a note under section 1472 of this title, and amending provisions set out as a note under section 12805 of this title] may be cited as the Helping Hands for Homeownership Act of 2004.”
Short Title of 1983 AmendmentPub. L. 98181, title I [title V, § 501], Nov. 30, 1983, 97 Stat. 1240, provided that: “This title [enacting sections 1490k to 1490o of this title, amending sections 1471, 1472, 1474, 1476, 1479 to 1481, 1483 to 1487, 1490, 1490a, 1490c, 1490e, 1490f, and 1490j of this title, repealing sections 1482, 1490g, and 1490i of this title, and enacting provisions set out as notes under sections 1472 and 1490a of this title] may be cited as the Rural Housing Amendments of 1983.”
Short TitleAct July 15, 1949, ch. 338, § 1, 63 Stat. 413, provided: “That this Act [enacting this chapter, sections 1421a and 1433 of this title, and sections 1701d1, 1701f1, 1701h, and 1701i of Title 12, Banks and Banking, amending sections 1401, 1402, 1406, 1409 to 1411, 1413 to 1416, and 1422 to 1430 of this title and sections 1701e, 1701f, 1703, 1709, and 1738 of Title 12, and amending provisions set out as a note under section 1701e of Title 12] may be cited as the Housing Act of 1949.”
National Commission on NeighborhoodsPub. L. 9524, title II, §§ 201208, Apr. 30, 1977, 91 Stat. 5659, as amended by Pub. L. 95557, title III, § 315, Oct. 31, 1978, 92 Stat. 2099, known as the “National Neighborhood Policy Act”, established the National Commission on Neighborhoods, which was to undertake a comprehensive study and investigation of the factors contributing to the decline of city neighborhoods and of the factors necessary to neighborhood survival and revitalization, and to make recommendations for modifications in Federal, State, and local laws, policies and programs necessary to facilitate neighborhood preservation and revitalization. The Commission was to submit to the Congress and the President a comprehensive report on its study and investigation not later than fifteen months after the date on which funds first became available to carry out the Act, and was to cease to exist thirty days after the submission of that report.
Limitation on Withholding or Conditioning of AssistanceAssistance provided for in Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.], National Housing Act [12 U.S.C. 1701 et seq.], United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], Housing Act of 1949 [see Short Title note set out above], Demonstration Cities and Metropolitan Development Act of 1966 [see Short Title note set out under section 3331 of this title], and Housing and Urban Development Acts of 1965, 1968, 1969, and 1970 not to be withheld or made subject to conditions by reason of tax-exempt status of obligations issued or to be issued for financing of assistance, except as otherwise provided by law, see section 817 of Pub. L. 93383, set out as a note under section 5301 of this title.
Executive Documents
Equal Opportunity in HousingExecutive order relating to equal opportunity in housing, see Ex. Ord. No. 11063, Nov. 20, 1962, 27 F.R. 11527, as amended, set out as a note under section 1982 of this title.
@@ -0,0 +1,49 @@
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type: "LegalText"
title: "42 U.S.C. § 1441a"
description: "National housing goals"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "8A"
chapter_name: "SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING"
section: "1441a"
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---
# 42 U.S.C. § 1441a - National housing goals
## Text
(a) Congressional findings and reaffirmation of goals The Congress finds that the supply of the Nations housing is not increasing rapidly enough to meet the national housing goal, established in the Housing Act of 1949 [42 U.S.C. 1441 et seq.], of the “realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family”. The Congress reaffirms this national housing goal and determines that it can be substantially achieved within the next decade by the construction or rehabilitation of twenty-six million housing units, six million of these for low and moderate income families.
(b) Additional Congressional findings The Congress further finds that policies designed to contribute to the achievement of the national housing goal have not directed sufficient attention and resources to the preservation of existing housing and neighborhoods, that the deterioration and abandonment of housing for the Nations lower income families has accelerated over the last decade, and that this acceleration has contributed to neighborhood disintegration and has partially negated the progress toward achieving the national housing goal which has been made primarily through new housing construction.
(c) Congressional declaration of purposes The Congress declares that if the national housing goal is to be achieved, a greater effort must be made to encourage the preservation of existing housing and neighborhoods through such measures as housing preservation, moderate rehabilitation, and improvements in housing management and maintenance, in conjunction with the provision of adequate municipal services. Such an effort should concentrate, to a greater extent than it has in the past, on housing and neighborhoods where deterioration is evident but has not yet become acute.
(Pub. L. 90448, title XVI, § 1601, Aug. 1, 1968, 82 Stat. 601; Pub. L. 93383, title VIII, § 801(1), (2), Aug. 22, 1974, 88 Stat. 721.)
## Notes
Editorial Notes
References in TextThe Housing Act of 1949, referred to in subsec. (a), is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified principally to this chapter (§ 1441 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.
Codification Section was not enacted as part of the Housing Act of 1949 which comprises this chapter.
Amendments1974—Pub. L. 93383 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
@@ -0,0 +1,53 @@
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citation: "42 U.S.C. § 1441b"
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---
# 42 U.S.C. § 1441b - Plan for elimination of all substandard housing and realization of national housing goal; report by President to Congress
## Text
Not later than January 15, 1969, the President shall make a report to the Congress setting forth a plan, to be carried out over a period of ten years (June 30, 1968, to June 30, 1978), for the elimination of all substandard housing and the realization of the goal referred to in section 1441a of this title. Such plan shall—
(1) indicate the number of new or rehabilitated housing units which it is anticipated will have to be provided, with or without Government assistance, during each fiscal year of the ten-year period, in order to achieve the objectives of the plan, showing the number of such units which it is anticipated will have to be provided under each of the various Federal programs designed to assist in the provision of housing;
(2) indicate the reduction in the number of occupied substandard housing units which it is anticipated will have to occur during each fiscal year of the ten-year period in order to achieve the objectives of the plan;
(3) provide an estimate of the cost of carrying out the plan for each of the various Federal programs and for each fiscal year during the ten-year period to the extent that such costs will be reflected in the Federal budget;
(4) make recommendations with respect to the legislative and administrative actions necessary or desirable to achieve the objectives of the plan; and
(5) provide such other pertinent data, estimates, and recommendations as the President deems advisable.
Such report shall, in addition, contain a projection of the residential mortgage market needs and prospects during the coming year, including an estimate of the requirements with respect to the availability, need, and flow of mortgage funds (particularly in declining urban and rural areas) during such year, together with such recommendations as may be deemed appropriate for encouraging the availability of such funds.
(Pub. L. 90448, title XVI, § 1602, Aug. 1, 1968, 82 Stat. 601.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Housing Act of 1949 which comprises this chapter.
@@ -0,0 +1,35 @@
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---
# 42 U.S.C. § 1441c - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 90448, title XVI, § 1603, Aug. 1, 1968, 82 Stat. 602; Pub. L. 91152, title IV, § 412(a), Dec. 24, 1969, 83 Stat. 398; Pub. L. 93383, title VIII, § 801(3), Aug. 22, 1974, 88 Stat. 722; Pub. L. 95557, title IX, § 906, Oct. 31, 1978, 92 Stat. 2127; Pub. L. 96399, title III, § 312, Oct. 8, 1980, 94 Stat. 1644, which required the President to transmit to Congress an annual report on housing needs, conservation, production, and rehabilitation, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 13 on page 31 of House Document No. 1037.
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# 42 U.S.C. § 1442 - Repealed. Aug. 31, 1954, ch. 1158, § 7, 68 Stat. 1026
## Notes
Section, act July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441, related to housing census. See section 141 of Title 13, Census.
@@ -0,0 +1,41 @@
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---
# 42 U.S.C. § 1443 - Provisions as controlling over other laws
## Text
Insofar as the provisions of any other law are inconsistent with the provisions of this Act, the provisions of this Act shall be controlling.
(July 15, 1949, ch. 338, title VI, § 610, 63 Stat. 443.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, known as the Housing Act of 1949, which is classified principally to this chapter (§ 1441 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.
@@ -0,0 +1,41 @@
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# 42 U.S.C. § 1444 - Separability
## Text
Except as may be otherwise expressly provided in this Act, all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing. Notwithstanding any other evidences of the intention of Congress, it is declared to be the controlling intent of Congress that if any provisions of this Act, or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its applications to other persons and circumstances, but shall be confined in its operation to the provision of this Act, or the application thereof to the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.
(July 15, 1949, ch. 338, title VI, § 611, 63 Stat. 443.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, known as the Housing Act of 1949, which is classified principally to this chapter (§ 1441 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.
@@ -0,0 +1,33 @@
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---
# 42 U.S.C. § 1445 - Repealed. Aug. 9, 1955, ch. 690, § 4(1), 69 Stat. 625
## Notes
Section, act July 15, 1949, ch. 338, title VI, § 612, 63 Stat. 444, related to striking or subversive employees of the Housing and Home Finance Agency and the Department of Agriculture, withholding of their wages, and penalties. See sections 3333 and 7311 of Title 5, Government Organization and Employees, and section 1918 of Title 18, Crimes and Criminal Procedure.
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# 42 U.S.C. § 1446 - Transferred
## Notes
Editorial Notes
Codification Section, act Aug. 2, 1954, ch. 649, title VIII, § 814, 68 Stat. 647, as amended, which related to keeping of records, provided for their contents, and authorized examination and audit thereof, was transferred to section 1434 of this title.
@@ -0,0 +1,33 @@
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# 42 U.S.C. § 1451a - Repealed. Aug. 2, 1954, ch. 649, title III, § 313, 68 Stat. 629
## Notes
Section, acts July 31, 1953, ch. 302, title I, § 101, 67 Stat. 305; June 24, 1954, ch. 359, title I, § 101, 68 Stat. 283, provided that the authority under this subchapter should be used to the utmost in connection with slum rehabilitation needs.
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# 42 U.S.C. § 1452 - Omitted
## Notes
Editorial Notes
Codification Section, acts July 15, 1949, ch. 338, title I, § 102, 63 Stat. 414; Aug. 2, 1954, ch. 649, title III, § 304, 68 Stat. 624; Aug. 7, 1956, ch. 1029, title III, §§ 301, 303, 70 Stat. 1097, 1099; Sept. 23, 1959, Pub. L. 86372, title IV, §§ 402404, 73 Stat. 671; June 30, 1961, Pub. L. 8770, title III, §§ 302(a), 314(b), 75 Stat. 166, 172; Sept. 2, 1964, Pub. L. 88560, title III, § 303(a), 78 Stat. 785; Aug. 10, 1965, Pub. L. 89117, title III, § 303, 79 Stat. 475; May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90448, title V, § 507(a), 82 Stat. 522; Dec. 24, 1969, Pub. L. 91152, title II, § 208, 83 Stat. 387; Oct. 17, 1984, Pub. L. 98479, title II, § 203(d)(1), 98 Stat. 2229, which provided for temporary and definitive loans and advances for surveys and plans to local public agencies under this subchapter, as well as establishing requirements for advances for General Neighborhood Renewal Plans and the issuance and sale of notes and obligations under this subchapter, was omitted pursuant to section 5316 of this title which terminated the authority to make grants or loans under this subchapter after Jan. 1, 1975.
Statutory Notes and Related Subsidiaries
Amendment of Loan Contracts Outstanding on August 1, 1968Pub. L. 90448, title V, § 507(b), Aug. 1, 1968, 82 Stat. 522, provided that loan contracts under this subchapter outstanding on Aug. 1, 1968, could be amended to incorporate the amendment to this section by section 507(a) of Pub. L. 90448, without regard to the provision in section 1460(g) of this title.
Temporary Relief From Interest Rate Conflict Between Federal and State LawPub. L. 91351, title VII, § 702, July 24, 1970, 84 Stat. 462, provided that notwithstanding any other law, from July 24, 1970, until July 1, 1972, loans to local public agencies under this subchapter and to local public housing agencies under the United States Housing Act of 1937, section 1401 et seq. of this title, may, when determined by the Secretary of Housing and Urban Development to be necessary because of interest rate limitations of State laws, bear interest at a rate less than the applicable going Federal rate but not less than 6 percent per year.
@@ -0,0 +1,37 @@
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# 42 U.S.C. § 1452a - Repealed. Pub. L. 91609, title V, § 503(2), Dec. 31, 1970, 84 Stat. 1785
## Notes
Section, acts Aug. 2, 1954, ch. 649, title III, § 314, 68 Stat. 629; Sept. 2, 1964, Pub. L. 88560, title III, § 313, 78 Stat. 792; May 25, 1967, Pub. L. 9019, § 10(a), (c), 81 Stat. 22; Aug. 1, 1968, Pub. L. 90448, title XVII, § 1702, 82 Stat. 603, provided for grants for preventing and eliminating slums and urban blight; preferences; reports, summaries, and information material; aggregate amount; and advance or progress payments. See sections 1701z1 to 1701z4 of Title 12, Banks and Banking.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 91609, title V, § 503, Dec. 31, 1970, 84 Stat. 1785, provided that the repeal of this section is effective July 1, 1971, except that such repeal shall not affect contracts, commitments, reservations, or other obligations entered into pursuant to this section prior to that date.
@@ -0,0 +1,37 @@
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# 42 U.S.C. § 1452b - Repealed. Pub. L. 101625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128
## Notes
Section, Pub. L. 88560, title III, § 312, Sept. 2, 1964, 78 Stat. 790; Pub. L. 89117, title III, §§ 311(e), 312, Aug. 10, 1965, 79 Stat. 479; Pub. L. 9019, § 21(b), May 25, 1967, 81 Stat. 25; Pub. L. 90448, title V, § 509, title VIII, § 807(b), Aug. 1, 1968, 82 Stat. 523, 544; Pub. L. 91152, title II, § 207, Dec. 24, 1969, 83 Stat. 387; Pub. L. 9385, § 4, Aug. 10, 1973, 87 Stat. 221; Pub. L. 93117, § 10, Oct. 2, 1973, 87 Stat. 423; Pub. L. 93383, title I, § 116(e), Aug. 22, 1974, 88 Stat. 652; Pub. L. 9450, title III, § 301, July 2, 1975, 89 Stat. 256; Pub. L. 94375, § 12, Aug. 3, 1976, 90 Stat. 1074; Pub. L. 95128, title I, § 111, Oct. 12, 1977, 91 Stat. 1127; Pub. L. 95557, title I, § 101(a), (b), Oct. 31, 1978, 92 Stat. 2080, 2081; Pub. L. 9671, § 4, Sept. 28, 1979, 93 Stat. 502; Pub. L. 96105, § 4, Nov. 8, 1979, 93 Stat. 795; Pub. L. 96153, title I, § 101, Dec. 21, 1979, 93 Stat. 1101; Pub. L. 96372, § 5, Oct. 3, 1980, 94 Stat. 1364; Pub. L. 96399, title I, § 114, Oct. 8, 1980, 94 Stat. 1622; Pub. L. 9735, title III, § 311, Aug. 13, 1981, 95 Stat. 397; Pub. L. 98109, § 3, Oct. 1, 1983, 97 Stat. 746; Pub. L. 98181, title I [title I, § 124], Nov. 30, 1983, 97 Stat. 1174; Pub. L. 99120, § 2, Oct. 8, 1985, 99 Stat. 503; Pub. L. 99156, § 2, Nov. 15, 1985, 99 Stat. 816; Pub. L. 99219, § 2, Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99267, § 2, Mar. 27, 1986, 100 Stat. 74; Pub. L. 99272, title III, § 3008, Apr. 7, 1986, 100 Stat. 105; Pub. L. 99289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100122, § 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100242, title V, § 518, Feb. 5, 1988, 101 Stat. 1937, authorized Secretary to make loans to owners and tenants of property to finance rehabilitation of such property.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1991, and except with respect to projects and programs for which binding commitments have been entered into prior to Oct. 1, 1991, no new grants or loans to be made after Oct. 1, 1991, under this section, see section 12839(a)(2), (b)(1) of this title.
@@ -0,0 +1,57 @@
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# 42 U.S.C. § 1452c - Nullification of right of redemption of single family mortgagors under rehabilitation loan program
## Text
(a) In general Whenever with respect to a single family mortgage securing a loan under section 1452b 11 See References in Text note below. of this title, the Secretary of Housing and Urban Development or its foreclosure agent forecloses in any Federal or State court or pursuant to a power of sale in a mortgage, the purchaser at the foreclosure sale shall be entitled to receive a conveyance of title to, and possession of, the property, subject to any interests senior to the interests of the Secretary. With respect to properties that are vacant and abandoned, notwithstanding any State law to the contrary, there shall be no right of redemption (including all instances any right to possession based upon any right of redemption) in the mortgagor or any other person subsequent to the foreclosure sale in connection with such single family mortgage. The appropriate State official or the trustee, as the case may be, shall execute and deliver a deed or other appropriate instrument conveying title to the purchaser at the foreclosure sale, consistent with applicable procedures in the jurisdiction and without regard to any such right of redemption.
(b) Foreclosure by others Whenever with respect to a single family mortgage on a property that also has a single family mortgage securing a loan under section 1452b 1 of this title, a mortgagee forecloses in any Federal or State court or pursuant to a power of sale in a mortgage, the Secretary of Housing and Urban Development, if the Secretary is purchaser at the foreclosure sale, shall be entitled to receive a conveyance of title to, and possession of, the property, subject to the interests senior to the interests of the mortgagee. Notwithstanding any State law to the contrary, there shall be no right of redemption (including in all instances any right to possession based upon any right of redemption) if the mortgagor or any other person subsequent to the foreclosure sale to the Secretary in connection with a property that secured a single family mortgage for a loan under section 1452b 1 of this title. The appropriate State official or the trustee, as the case may be, shall execute and deliver a deed or other appropriate instrument conveying title to the Secretary, who is the purchaser at the foreclosure sale, consistent with applicable procedures in the jurisdiction and without regard to any such right of redemption.
(c) Verification of title The following actions shall be taken in order to verify title in the purchaser at the foreclosure sale:
(1) In the case of a judicial foreclosure in any Federal or State court, there shall be included in the petition and in the judgment of foreclosure a statement that the foreclosure is in accordance with this subsection and that there is no right of redemption in the mortgagor or any other person.
(2) In the case of a foreclosure pursuant to a power of sale provision in the mortgage, the statement required in paragraph (1) shall be included in the advertisement of the sale and either in the recitals of the deed or other appropriate instrument conveying title to the purchaser at the foreclosure sale or in an affidavit or addendum to the deed.
(d) Definitions For purposes of this section:
(1) The term “mortgage” means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any interest in property, real, personal, or mixed, or any interest in property, including leaseholds, life estates, reversionary interests, and any other estates under applicable State law, is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien, for the purpose of securing the payment of money or the performance of an obligation.
(2) The term “single family mortgage” means a mortgage that covers property that includes a 1- to 4-family residence.
(Pub. L. 101235, title VII, § 701, Dec. 15, 1989, 103 Stat. 2055.)
## Notes
Editorial Notes
References in TextSection 1452b of this title, referred to in subsecs. (a) and (b), was repealed by Pub. L. 101625, title II, § 289(b)(1), Nov. 28, 1990, 104 Stat. 4128.
Codification Section was enacted as part of the Department of Housing and Urban Development Reform Act of 1989, and not as part of the Housing Act of 1949 which comprises this chapter.
@@ -0,0 +1,35 @@
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# 42 U.S.C. § 1453 - Omitted
## Notes
Editorial Notes
Codification Section, acts July 15, 1949, ch. 338, title I, § 103, 63 Stat. 416; Aug. 2, 1954, ch. 649, title III, § 305, 68 Stat. 625; Aug. 11, 1955, ch. 783, title I, § 106(a), 69 Stat. 637; July 12, 1957, Pub. L. 85104, title III, §§ 301, 302(1), 71 Stat. 299; Sept. 23, 1959, Pub. L. 86372, title IV, §§ 405, 417(1), 73 Stat. 672, 676; June 30, 1961, Pub. L. 8770, title III, §§ 301(a), 303, 75 Stat. 165, 166; Sept. 2, 1964, Pub. L. 88560, title III, § 304, 78 Stat. 785; Aug. 10, 1965, Pub. L. 89117, title III, §§ 304, 313(a), 79 Stat. 475, 479; Nov. 3, 1966, Pub. L. 89754, title I, § 113, title VII, § 704, 80 Stat. 1260, 1281; May 25, 1967, Pub. L. 9019, § 6(b), (d), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90448, title V, §§ 502, 506, 82 Stat. 521, 522; Dec. 24, 1969, Pub. L. 91152, title II, § 201, 83 Stat. 385; Dec. 31, 1970, Pub. L. 91609, title II, § 201, title VII, § 741(a), 84 Stat. 1776, 1805; Oct. 18, 1972, Pub. L. 92503, § 4, 86 Stat. 906; Oct. 2, 1973, Pub. L. 93117, § 5, 87 Stat. 422; Aug. 22, 1974, Pub. L. 93383, title I, § 116(c), 88 Stat. 652, which related to grants for urban renewal projects, was omitted pursuant to section 5316 of this title which terminated authority to make grants or loans under this subchapter after Jan. 1, 1975.
@@ -0,0 +1,43 @@
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# 42 U.S.C. § 1453a - Administrative priority for applications relating to activities in areas affected by base closings
## Text
The Secretary of Housing and Urban Development, in processing applications for assistance under section 103 of the Housing Act of 1949 [42 U.S.C. 1453], section 111 of the Demonstration Cities and Metropolitan Development Act of 1966 [42 U.S.C. 3311], section 708(a)(1) and (2) of the Housing and Urban Development Act of 1965 [42 U.S.C. 3108(a)(1), (2)] (for grants authorized under sections 702 and 703 of such Act) [42 U.S.C. 3102, 3103], section 312 of the Housing Act of 1964 [42 U.S.C. 1452b], section 701(b) of the Housing Act of 1954,11 See References in Text note below. and section 708 of the Housing Act of 1961 [42 U.S.C. 1500d], shall give a priority to any State or unit of local government or agency thereof which is severely and adversely affected by a reduction in the level of expenditure or employment at any Department of Defense installation located in or near such State or unit of local government.
(Pub. L. 93117, § 14, Oct. 2, 1973, 87 Stat. 423.)
## Notes
Editorial Notes
References in TextSection 103 of the Housing Act of 1949 [42 U.S.C. 1453], section 111 of the Demonstration Cities and Metropolitan Development Act of 1966 [42 U.S.C. 3311], sections 702 and 703 of the Housing and Urban Development Act of 1965 [42 U.S.C. 3102, 3103], and section 708 of the Housing Act of 1961 [42 U.S.C. 1500d], referred to in text, were omitted from the Code pursuant to section 5316 of this title which terminated the authority to make grants or loans under those sections after Jan. 1, 1975. Section 701 of the Housing Act of 1954, referred to in text, is section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640, which was classified to section 461 of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 9735, title III, § 313(b), Aug. 13, 1981, 95 Stat. 398.
Codification Section was not enacted as part of title I of the Housing Act of 1949 which comprises this subchapter.
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# 42 U.S.C. § 1455a - Repealed. Pub. L. 93383, title II, § 204, Aug. 22, 1974, 88 Stat. 668
## Notes
Section, act Aug. 2, 1954, ch. 649, title VIII, § 815, 68 Stat. 647, required submission of specifications by applicants prior to award of any contract for construction of a project and submission of data with respect to acquisition of land prior to authorization to purchase such land.
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# 42 U.S.C. § 1456 to 1460 - Omitted
## Notes
Editorial Notes
Codification Sections were omitted pursuant to section 5316 of this title which terminated authority to make grants or loans under this subchapter after Jan. 1, 1975. Section 1456, acts July 15, 1949, ch. 338, title I, § 106, 63 Stat. 417; June 3, 1952, ch. 362, 66 Stat. 98; June 30, 1953, ch. 170, § 22, 67 Stat. 127; Aug. 2, 1954, ch. 649, title III, § 308, title VIII, § 802(e), 68 Stat. 625, 643; Aug. 11, 1955, ch. 783, title I, § 106(b), 69 Stat. 637; Aug. 7, 1956, ch. 1029, title III, §§ 304, 305, 70 Stat. 1100; July 12, 1957, Pub. L. 85104, title III, §§ 303, 304, 71 Stat. 300; Sept. 23, 1959, Pub. L. 86372, title IV, §§ 408, 409(a)(1), (b), 410, 417(1), 73 Stat. 673, 674, 676; June 30, 1961, Pub. L. 8770, title III, § 304, 75 Stat. 167; Sept. 2, 1964, Pub. L. 88560, title III, § 310(c), 78 Stat. 790; Aug. 10, 1965, Pub. L. 89117, title III, § 306, 79 Stat. 476; Nov. 3, 1966, Pub. L. 89754, title X, § 1020(a), 80 Stat. 1295; May 25, 1967, Pub. L. 9019, § 6(b), (e), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90448, title V, § 508(a), 82 Stat. 522; Dec. 31, 1970, Pub. L. 91609, title II, § 213(a), 84 Stat. 1779; Nov. 30, 1983, Pub. L. 98181, title I [title I, § 126(b)(1)], 97 Stat. 1175; Oct. 17, 1984, Pub. L. 98479, title II, § 203(d)(2), 98 Stat. 2229, related to duties of Secretary of Housing and Urban Development under this subchapter. Section 1457, acts July 15, 1949, ch. 338, title I, § 107, 63 Stat. 419; Aug. 2, 1954, ch. 649, title III, § 309, 68 Stat. 626; Sept. 23, 1959, Pub. L. 86372, title IV, § 411, 73 Stat. 674; June 30, 1961, Pub. L. 8770, title III, § 306(a), 75 Stat. 168; Sept. 2, 1964, Pub. L. 88560, title III, § 306, 78 Stat. 786; May 25, 1967, Pub. L. 9019, § 6(b), (f), 81 Stat. 21, 22; Aug. 1, 1968, Pub. L. 90448, title V, § 505, 82 Stat. 522, related to property to be used for public housing or housing for low or moderate income families or individuals. Section 1458, acts July 15, 1949, ch. 338, title I, § 108, 63 Stat. 419; May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21; Dec. 31, 1970, Pub. L. 91609, title II, § 206, 84 Stat. 1777, related to disposition of surplus Federal real property, sale at fair market value, and disposition of net proceeds thereof. Section 1459, acts July 15, 1949, ch. 338, title I, § 109, 63 Stat. 419; Aug. 2, 1954, ch. 649, title III, § 310, 68 Stat. 626; May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21, related to protection of labor standards. Section 1460, acts July 15, 1949, ch. 338, title I, § 110, 63 Stat. 420; June 30, 1953, ch. 170, § 24(a), 67 Stat. 127; Aug. 2, 1954, ch. 649, title III, § 311, 68 Stat. 626; Aug. 11, 1955, ch. 783, title I, § 166(c), 69 Stat. 637; Aug. 7, 1956, ch. 1029, title III, 302(a)(2), (b)(d), 70 Stat. 1097; July 12, 1957, Pub. L. 85104, title III, §§ 302(3)(5), 305, 306, 71 Stat. 300, 301; Sept. 23, 1959, Pub. L. 86372, title IV, §§ 412414(a), 415, 416, 417(3), 73 Stat. 675, 677; June 30, 1961, Pub. L. 8770, title III, §§ 301(c), 306(b), 307, 308, 314(c), 75 Stat. 166, 168, 172; Sept. 2, 1964, Pub. L. 88560, title III, §§ 301(b), (c), 303(b), 307309, 311(a), 78 Stat. 785, 787, 788, 790; Aug. 10, 1965, Pub. L. 89117, title III, §§ 307309, 310(a), 311(b), 314(a), 79 Stat. 476479; Nov. 3, 1966, Pub. L. 89754, title VI, §§ 601, 602, title VII, §§ 701, 702, 80 Stat. 1278, 1280, 1281; May 25, 1967, Pub. L. 9019, § 6(b), (g), 81 Stat. 21, 22; Aug. 1, 1968, Pub. L. 90448, title V, §§ 504, 508(b), 511, title XVII, § 1722(a)(c), 82 Stat. 521, 523, 524, 610; Dec. 24, 1969, Pub. L. 91152, title II, §§ 202(a), 203(a), 204, 206, 83 Stat. 385387; Dec. 31, 1970, Pub. L. 91609, title II, § 213(b), title VII, § 741(c), title VIII, § 801(b), 84 Stat. 1779, 1805, defined terms as used in this subchapter.
Statutory Notes and Related Subsidiaries
Study of Housing and Building Codes, Zoning, Tax Policies, and Development StandardsPub. L. 89117, title III, § 301, Aug. 10, 1965, 79 Stat. 474, as amended by Pub. L. 9019, § 22(a), (d), May 25, 1967, 81 Stat. 26, 27; Pub. L. 90118, Oct. 31, 1967, 81 Stat. 338, which provided for study of housing and building codes, zoning, tax policies, and development standards, was repealed effective July 1, 1971, by Pub. L. 91609, title V, § 503(5), Dec. 31, 1970, 84 Stat. 1786.
Amendment of ContractsPub. L. 89117, title III, § 310(b), Aug. 10, 1965, 79 Stat. 477, provided that any contract for a capital grant under this subchapter, executed prior to Aug. 10, 1965, could be amended to incorporate amendment to section 1460(e) of this title by section 310(a) of Pub. L. 89117 as to costs incurred on or after Aug. 10, 1965. Pub. L. 89117, title III, § 314(b), Aug. 10, 1965, 79 Stat. 480, provided that any contract under this subchapter executed prior to Aug. 10, 1965, would, at request of municipality involved, be amended to reflect amendment to section 1460(d) of this title by section 314(a) of Pub. L. 89117. Pub. L. 88560, title III, § 311(b), Sept. 2, 1964, 78 Stat. 790, provided that any contract under this subchapter executed prior to Sept. 2, 1964, could be amended to provide for payment of increased amounts authorized by section 311(a) of Pub. L. 88560, which amended section 1460(e) of this title, with respect to any uncompleted project, including acquisitions involving expenditures by local public agencies that could not otherwise be included in costs of such project.
Relocation Payments for Expenses or Losses Incurred Prior to September 23, 1959Pub. L. 86372, title IV, § 409(a)(2), Sept. 23, 1959, 73 Stat. 674, prohibited relocation payments under section 1456(f) of this title for expenses or losses incurred prior to Sept. 23, 1959, except to the extent that such payments were authorized by such section as it existed prior to such date.
Waiver of Requirements of Section 1460(d) for Certain Assistance Provided During the Period From July 1, 1957, Through December 31, 1957Pub. L. 86372, title IV, § 414(b), Sept. 23, 1959, 73 Stat. 675, provided that the requirement of section 1460(d) of this title that the assistance provided by a State, municipality, or other public body under that subsection, in order to qualify as a local grant-in-aid, had to be in connection with a project on which a contract for capital grant had been made under this subchapter, did not apply to assistance provided from July 1, 1957, through Dec. 31, 1957, in connection with urban renewal activities which were extended Federal recognition within 60 days after the provision of such assistance was initiated.
@@ -0,0 +1,33 @@
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# 42 U.S.C. § 1461 - Repealed. Aug. 2, 1954, ch. 649, title III, § 313, 68 Stat. 629
## Notes
Section, acts July 31, 1953, ch. 302, title I, § 101, 67 Stat. 305; June 24, 1954, ch. 359, title I, § 101, 68 Stat. 283, related to conditions precedent to approval of local slum clearance programs.
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# 42 U.S.C. § 1462 to 1464 - Omitted
## Notes
Editorial Notes
Codification Sections were omitted pursuant to section 5316 of this title which terminated authority to make grants or loans under this subchapter after Jan. 1, 1975. Section 1462, act July 15, 1949, ch. 338, title I, § 111, as added Aug. 7, 1956, ch. 1029, title III, § 307(a), 70 Stat. 1101; amended May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90448, title XI, § 1106(c), 82 Stat. 567, related to disaster areas, urban renewal assistance, and nonapplicability of certain requirements under this subchapter. Section 1463, act July 15, 1949, ch. 338, title I, § 112, as added Sept. 23, 1959, Pub. L. 86372, title IV, § 418, 73 Stat. 677; amended June 30, 1961, Pub. L. 8770, title III, § 309, 75 Stat. 169; Nov. 3, 1966, Pub. L. 89754, title VII, § 705, 80 Stat. 1281; May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21; Dec. 24, 1969, Pub. L. 91152, title II, § 203(b), 83 Stat. 386, related to financial assistance for urban renewal projects in areas involving colleges, universities, or hospitals. Section 1464, act July 15, 1949, ch. 338, title I, § 113, as added May 1, 1961, Pub. L. 8727, § 14, 75 Stat. 57; amended May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21, related to redevelopment areas.
@@ -0,0 +1,39 @@
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# 42 U.S.C. § 1465 - Repealed. Pub. L. 91646, title II, § 220(a)(5), Jan. 2, 1971, 84 Stat. 1903
## Notes
Section, act July 15, 1949, ch. 338, title I, § 114, as added Sept. 2, 1964, Pub. L. 88560, title III, § 310(a), 78 Stat. 788; amended Aug. 10, 1965, Pub. L. 89117, title I, § 101(i), title IV, § 404(b), (c)(1), 79 Stat. 453, 486; May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90448, title V, § 516, 82 Stat. 526; Dec. 31, 1970, Pub. L. 91609, title II, § 212, 84 Stat. 1779, related to relocation assistance, providing as follows: subsec. (a), financial assistance to displaced individuals, families, businesses, and nonprofit organizations; subsec. (b), payments to business concerns or nonprofit organizations, considerations, and maximum amounts; subsec. (c), payments to individuals and families, considerations, computation of amount, maximum amounts, and restrictions; subsec. (d), payments to individuals, families, business concerns, and nonprofit organizations for recording fees, transfer taxes, incidental expenses, penalty costs, and pro rata taxes; and subsec. (e), rules and regulations, finality of administrative decisions, and promptness of payments. See chapter 61 (section 4601 et seq.) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal not applicable to any State so long as sections 4630 and 4655 of this title are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91646, set out as an Effective Date note under section 4601 of this title.
Savings ProvisionAny rights or liabilities existing under provisions repealed by section 220(a) of Pub. L. 91646 as not affected by such repeal, see section 220(b) of Pub. L. 91646, set out as a note under section 4621 of this title.
@@ -0,0 +1,39 @@
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---
# 42 U.S.C. § 1466 - Omitted
## Notes
Editorial Notes
Codification Section, act July 15, 1949, ch. 338, title I, § 115, as added Aug. 10, 1965, Pub. L. 89117, title I, § 106(a), 79 Stat. 457; amended May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90448, title V, § 503, 82 Stat. 521; Dec. 24, 1969, Pub. L. 91152, title II, § 205, 83 Stat. 387, which related to rehabilitation grants, was omitted pursuant to section 5316 of this title which terminated authority to make grants or loans under this subchapter after Jan. 1, 1975.
Statutory Notes and Related Subsidiaries
Amendment of Contracts Executed Prior to Enactment of SectionPub. L. 89117, title I, § 106(b), Aug. 10, 1965, 79 Stat. 458, provided that any contract with a local public agency executed under this subchapter before Aug. 10, 1965, could be amended to provide for grants authorized by this section.
@@ -0,0 +1,35 @@
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# 42 U.S.C. § 1467 to 1468a - Omitted
## Notes
Editorial Notes
Codification Sections were omitted pursuant to section 5316 of this title which terminated authority to make grants or loans under this subchapter after Jan. 1, 1975. Section 1467, act July 15, 1949, ch. 388, title I, § 116, as added Aug. 10, 1965, Pub. L. 89117, title III, § 311(a), 79 Stat. 477; amended May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90448, title V, § 510, 82 Stat. 524; Dec. 24, 1969, Pub. L. 91152, title II, § 202(b), 83 Stat. 386, related to grants to cities, other municipalities, counties, and Indian tribes, etc., for demolition of unsafe structures. Section 1468, act July 15, 1949, ch. 338, title I, § 117, as added Aug. 10, 1965, Pub. L. 89117, title III, § 311(a), 79 Stat. 478; amended May 25, 1967, Pub. L. 9019, § 6(b), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90448, title V, § 515, 82 Stat. 525; Dec. 24, 1969, Pub. L. 91152, title II, § 202(c), 83 Stat. 386, related to grants to cities, other municipalities, counties, and Indian tribes, etc., for code enforcement. Section 1468a, act July 15, 1949, ch. 338, title I, § 118, as added Aug. 1, 1968, Pub. L. 90448, title V, § 514, 82 Stat. 525; amended Dec. 24, 1969, Pub. L. 91152, title II, § 202(d), 83 Stat. 386, related to interim assistance for blighted areas, grants to cities, other municipalities, counties, and Indian tribes, etc., and encouragement of employment of unemployed and under­employed residents.
@@ -0,0 +1,39 @@
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# 42 U.S.C. § 1469 to 1469c - Omitted
## Notes
Editorial Notes
Codification Sections were omitted pursuant to section 5316 of this title which terminated authority to make grants or loans under this subchapter after Jan. 1, 1975. Section 1469, act July 15, 1949, ch. 338, title I, § 131, as added Aug. 1, 1968, Pub. L. 90448, title V, § 501(b), 82 Stat. 518, set forth the declaration of this part. Section 1469a, act July 15, 1949, ch. 338, title I, § 132, as added Aug. 1, 1968, Pub. L. 90448, title V, § 501(b), 82 Stat. 519, related to financing of undertakings and activities and the payment of excess of sale price and imputed capital value of land or other property leased or retained over the gross project cost. Section 1469b, acts July 15, 1949, ch. 338, title I, § 133, as added Aug. 1, 1968, Pub. L. 90448, title V, § 501(b), 82 Stat. 519; amended Dec. 24, 1969, Pub. L. 91152, title II, § 203(c), 83 Stat. 386, related to local grants-in-aid. Section 1469c, act July 15, 1949, ch. 338, title I, § 134, as added Aug. 1, 1968, Pub. L. 90448, title V, § 501(b), 82 Stat. 520, contained general provisions relating to workable program requirements, transient housing, removal of buildings, financial assistance for subsequent annual increments, and modification of urban renewal plans.
Statutory Notes and Related Subsidiaries
Neighborhood Development Programs by District of Columbia Redevelopment Land AgencyPub. L. 90448, title V, § 501(c), Aug. 1, 1968, 82 Stat. 520, provided that notwithstanding any requirement or condition to the contrary in section 6 or 20(i) of the District of Columbia Redevelopment Act of 1945 (act Aug. 2, 1946, ch. 736, 60 Stat. 790, as amended), or any other law, the District of Columbia Redevelopment Land Agency was authorized to plan and undertake neighborhood development programs under this part, which programs would be regarded as complying with sections 6 and 20(i) of that Act and any other provision of law, if those programs were in compliance with this part.
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@@ -0,0 +1,45 @@
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# 42 U.S.C. § 1473 - Loans for housing and buildings on potentially adequate farms; conditions and terms
## Text
If the Secretary determines (a) that, because of the inadequacy of the income of an eligible applicant from the farm to be improved and from other sources, said applicant may not reasonably be expected to make annual repayments of principal and interest in an amount sufficient to repay the loan in full within the period of time prescribed by the Secretary as authorized in this subchapter; (b) that the income of the applicant may be sufficiently increased within a period of not to exceed five years by improvement or enlargement of the farm or an adjustment of the farm practices or methods; and (c) that the applicant has adopted and may reasonably be expected to put into effect a plan of farm improvement, enlargement, or adjusted practices or production which, in the opinion of the Secretary, will increase the applicants income from said farm within a period of not to exceed five years to the extent that the applicant may be expected thereafter to make annual repayments of principal and interest sufficient to repay the balance of the indebtedness less payments in cash and credits for the contributions to be made by the Secretary as hereinafter provided, the Secretary may make a loan in an amount necessary to provide adequate farm dwellings and buildings on said farm under the terms and conditions prescribed in section 1472 of this title. In addition, the Secretary may agree with the borrower to make annual contributions during the said five-year period in the form of credits on the borrowers indebtedness in an amount not to exceed the annual installment of interest and 50 per centum of the principal payments accruing during any installment year up to and including the fifth installment year, subject to the conditions that the borrowers income is, in fact, insufficient to enable the borrower to make payments in accordance with the plan or schedule prescribed by the Secretary and that the borrower pursues his plan of farm reorganization and improvements or enlargement with due diligence. Except as provided in title 11, this agreement with respect to credits or principal and interest upon the borrowers indebtedness shall not be assignable nor accrue to the benefit of any third party without the written consent of the Secretary and the Secretary shall have the right, at his option, to cancel the agreement upon the sale of the farm or the execution or creation of any lien thereon subsequent to the lien given to the Secretary, or to refuse to release the lien given to the Secretary except upon payment in cash of the entire original principal plus accrued interest thereon less actual cash payments of principal and interest when the Secretary determines that the release of the lien would permit the benefits of this section to accrue to a person not eligible to receive such benefits.
(July 15, 1949, ch. 338, title V, § 503, 63 Stat. 434; Pub. L. 95598, title III, § 329, Nov. 6, 1978, 92 Stat. 2679.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95598 inserted introductory phrase “Except as provided in title 11”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
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# 42 U.S.C. § 1474 - Loans and grants for repairs or improvements of rural dwellings
## Text
(a) Prerequisites; purposes; amounts; terms The Secretary may make a loan, grant, or combined loan and grant to an eligible very low-income applicant in order to improve or modernize a rural dwelling, to make the dwelling safer or more sanitary, or to remove hazards. The Secretary may make a loan or grant under this subsection to the applicant to cover the cost of any or all repairs, improvements, or additions such as repairing roofs, providing sanitary waste facilities, providing a convenient and sanitary water supply, repairing or providing structural supports, or making similar repairs, additions, improvements, including all preliminary and installation costs in obtaining central water and sewer service. The maximum amount of a grant, a loan, or a loan and grant shall not exceed such limitations as the Secretary determines to be appropriate. Any portion of the sums advanced to the borrower treated as a loan shall be secured and be repayable within twenty years in accordance with the principles and conditions set forth in this subchapter, except that a loan for less than $7,500 need be evidenced only by a promissory note. Sums made available by grant may be made subject to the conditions set forth in this subchapter for the protection of the Government with respect to contributions made on loans made by the Secretary.
(b) Additional purposes In order to encourage adequate family-size farms the Secretary may make loans under this section and section 1473 of this title to any applicant whose farm needs enlargement or development in order to provide income sufficient to support decent, safe, and sanitary housing and other farm buildings, and may use the funds made available under clause (b) of section 1483 of this title for such purposes.
(c) Weatherization program; development, etc. (1) In addition to other duties specified in this section, the Secretary shall develop and conduct a weatherization program for the purpose of making grants to finance the purchase or installation, or both, of weatherization materials in dwelling units occupied by low-income families. Such grants shall be made to low-income families who own dwelling units or, subject to the provisions of paragraph (2), to owners of such units for the benefit of the low-income tenants residing therein. In making grants under this subsection, the Secretary shall give priority to the weatherization of dwelling units occupied by low-income elderly or handicapped persons. The Secretary shall, in carrying out this section, consult with the Director of the Community Services Administration and the Secretary of Energy for the purpose of coordinating the weatherization program under this subsection, section 2809(a)(12) of this title, and part A of the Energy Conservation in Existing Buildings Act of 1976 [42 U.S.C. 6861 et seq.].
(2) In the case of any grant made under this subsection to an owner of a rental dwelling unit the Secretary shall provide that (A) the benefits of weatherization assistance in connection with such unit will accrue primarily to the low-income family residing therein, (B) the rents on such dwelling unit will not be raised because of any increase in value thereof due solely to weatherization assistance provided under this subsection, and (C) no undue or excessive enhancement will occur to the value of such unit.
(3) In carrying out this subsection, the Secretary shall (A) implement the weatherization standards described in paragraphs (2)(A) and (3) of section 413(b) of the Energy Conservation in Existing Buildings Act of 1976 [42 U.S.C. 6863(b)], and (B) provide that, with respect to any dwelling unit, not more than $800 of any grant made under this section be expended on weatherization materials and related matters described in section 415(c) of the Energy Conservation in Existing Buildings Act of 1976 [42 U.S.C. 6865(c)], except that the Secretary shall increase such amount to not more than $1,500 to cover labor costs in areas where the Secretary, in consultation with the Secretary of Labor, determines there is an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.] or the Community Service Senior Opportunities Act [42 U.S.C. 3056 et seq.], available to work on weatherization projects under the supervision of qualified supervisors.
(4) For purposes of this subsection, the terms “elderly,” “handicapped person,” “low income,” and “weatherization materials” shall have the same meanings given such terms in paragraphs (3), (5), (7), and (9), respectively, of section 412 of the Energy Conservation in Existing Buildings Act of 1976 [42 U.S.C. 6862].
(July 15, 1949, ch. 338, title V, § 504, 63 Stat. 434; Pub. L. 87723, § 4(c)(3), Sept. 28, 1962, 76 Stat. 672; Pub. L. 89754, title VIII, § 803, Nov. 3, 1966, 80 Stat. 1282; Pub. L. 91609, title VIII, § 803(a), Dec. 31, 1970, 84 Stat. 1806; Pub. L. 93383, title V, § 504, Aug. 22, 1974, 88 Stat. 693; Pub. L. 95619, title II, § 232(a), Nov. 9, 1978, 92 Stat. 3226; Pub. L. 96153, title V, § 510, Dec. 21, 1979, 93 Stat. 1137; Pub. L. 98181, title I [title V, § 504], Nov. 30, 1983, 97 Stat. 1242; Pub. L. 105277, div. A, § 101(f) [title VIII, § 405(d)(32), (f)(24)], Oct. 21, 1998, 112 Stat. 2681337, 2681425, 2681433; Pub. L. 106569, title VII, § 702, Dec. 27, 2000, 114 Stat. 3013; Pub. L. 113128, title V, § 512(o), July 22, 2014, 128 Stat. 1711.)
## Notes
Editorial Notes
References in TextSection 2809 of this title, referred to in subsec. (c)(1), was repealed by Pub. L. 9735, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. The Energy Conservation in Existing Buildings Act of 1976, referred to in subsec. (c)(1), is title IV of Pub. L. 94385, Aug. 14, 1976, 90 Stat. 1150. Part A of the Energy Conservation in Existing Buildings Act of 1976 is classified generally to Part A (§ 6861 et seq.) of subchapter III of chapter 81 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables. The Workforce Innovation and Opportunity Act, referred to in subsec. (c)(3), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified principally to chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Community Service Senior Opportunities Act, referred to in subsec. (c)(3), is title V of Pub. L. 8973, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2563, which is classified generally to subchapter IX (§ 3056 et seq.) of chapter 35 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
Amendments2014—Subsec. (c)(3). Pub. L. 113128 substituted “an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act or the Community Service Senior Opportunities Act,” for “an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 or the Older American Community Service Employment Act,”. 2000—Subsec. (a). Pub. L. 106569 substituted “$7,500” for “$2,500” in fourth sentence. 1998—Subsec. (c)(3). Pub. L. 105277, § 101(f) [title VIII, § 405(f)(24)], struck out “the Job Training Partnership Act or” after “pursuant to”. Pub. L. 105277, § 101(f) [title VIII, § 405(d)(32)], substituted “pursuant to the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 or the” for “pursuant to the Comprehensive Employment and Training Act of 1973 or the”. 1983—Subsec. (a). Pub. L. 98181 substituted “The Secretary may make a loan, grant, or combined loan and grant to an eligible very low-income applicant in order to improve or modernize a rural dwelling, to make the dwelling safer or more sanitary, or to remove hazards. The Secretary may make a loan or grant under this subsection to the applicant to cover the cost of any or all repairs, improvements, or additions such as repairing roofs, providing sanitary waste facilities, providing a convenient and sanitary water supply, repairing or providing structural supports, or making similar repairs, additions, improvements, including all preliminary and installation costs in obtaining central water and sewer service. The maximum amount of a grant, a loan, or a loan and grant shall not exceed such limitations as the Secretary determines to be appropriate.” for “In the event the Secretary determines that an eligible applicant cannot qualify for a loan under the provisions of sections 1472 and 1473 of this title and that repairs or improvements should be made to a rural dwelling occupied by him in order to make such dwelling safe and sanitary and remove hazards to the health of the occupant, his family, or the community, and that repairs should be made to farm buildings in order to remove hazards and make such buildings safe, the Secretary may make a grant or a combined loan and grant to the applicant to cover the cost of improvements or additions, such as repairing roofs, providing toilet facilities, providing a convenient and sanitary water supply, supplying screens, repairing or providing structural supports, or making similar repairs, additions, or improvements, including all preliminary and installation costs in obtaining central water and sewer service. No assistance shall be extended to any individual or family under this subsection in the form of a grant in excess of $5,000, and no assistance shall be extended to any individual or family under this subsection in the form of a loan or a combined loan and grant in excess of $7,500.” 1979—Subsec. (a). Pub. L. 96153 substituted provisions limiting the assistance in the form of grants to any individual or family to $5,000 and in the form of loans or combined loans and grants to $7,500 for provisions limiting loans, grants, or combined loans and grants to $5,000 in the case of assistance to individuals. 1978—Subsec. (c). Pub. L. 95619 added subsec. (c). 1974—Subsec. (a). Pub. L. 93383 substituted provisions relating to repairs or improvements of a rural dwelling, scope of such repairs or improvements, limitation of $5,000 as maximum amount of grant or loan, and requirement of a promissory note for loan less than $2,500, for provisions relating to repairs or improvements of a farm dwelling, scope of such repairs or improvements, and limitations of $2,500, or $3,500 in cases involving water or plumbing facilities, as maximum amount of grant or loan. 1970—Subsec. (a). Pub. L. 91609 increased limitation on amount of assistance from “$1,500” to “$2,500” and provided for an alternative larger amount not exceeding $3,500 as Secretary determines to be necessary in case of repairs or improvements involving water supply, septic tank, or bathroom or kitchen plumbing facilities. 1966—Subsec. (a). Pub. L. 89754 increased limitation on assistance from $1,000 to $1,500. 1962—Subsec. (a). Pub. L. 87723 substituted “in the form of a loan, grant, or combined loan and grant in excess of $1,000” for “(1) in the form of a loan, or combined loan and grant, in excess of $1,000, or (2) in the form of a grant (whether or not combined with a loan) in excess of $500.”
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
Effective Date of 1998 AmendmentAmendment by section 101(f) [title VIII, § 405(d)(32)] of Pub. L. 105277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(24)] of Pub. L. 105277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105277, set out as a note under section 3502 of Title 5, Government Organization and Employees.
Community Services AdministrationCommunity Services Administration, established by section 601 of Economic Opportunity Act of 1964, as amended (42 U.S.C. 2941), terminated when Economic Opportunity Act of 1964, Pub. L. 88452, Aug. 20, 1964, 78 Stat. 508, as amended, was repealed, except for titles VIII and X, effective Oct. 1, 1981, by section 683(a) of Pub. L. 9735, title VI, Aug. 13, 1981, 95 Stat. 519 (42 U.S.C. 9912(a)). An Office of Community Services, headed by a Director, was established in Department of Health and Human Services by section 676 of Pub. L. 9735 (42 U.S.C. 9905).
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# 42 U.S.C. § 1474a - Security for direct or insured rural housing loans to farmer applicants
## Text
On and after August 8, 1968, farmer applicants for direct or insured rural housing loans shall be required to provide only such collateral security as is required of owners of nonfarm tracts.
(Pub. L. 90463, title II, § 201, Aug. 8, 1968, 82 Stat. 651.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of Agriculture and Related Agencies Appropriation Act, 1969, and not as part of the Housing Act of 1949 which comprises this chapter.
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# 42 U.S.C. § 1475 - Loan payment moratorium and foreclosure procedures
## Text
(a) Moratorium During any time that any such loan is outstanding, the Secretary is authorized under regulations to be prescribed by him to grant a moratorium upon the payment of interest and principal on such loan for so long a period as he deems necessary, upon a showing by the borrower that due to circumstances beyond his control, he is unable to continue making payments of such principal and interest when due without unduly impairing his standard of living. In cases of extreme hardship under the foregoing circumstances, the Secretary is further authorized to cancel interest due and payable on such loans during the moratorium. Should any foreclosure of such a mortgage securing such a loan upon which a moratorium has been granted occur, no deficiency judgment shall be taken against the mortgagor if he shall have faithfully tried to meet his obligation.
(b) Foreclosure procedures In foreclosing on any mortgage held by the Secretary under this subchapter, the Secretary shall follow the foreclosure procedures of the State in which the property involved is located to the extent such procedures are more favorable to the borrower than the foreclosure procedures that would otherwise be followed by the Secretary. This subsection shall be subject to the availability of amounts approved in appropriations Acts, to the extent additional budget authority is necessary to carry out this subsection.
(July 15, 1949, ch. 338, title V, § 505, 63 Stat. 434; Pub. L. 101625, title VII, § 707, Nov. 28, 1990, 104 Stat. 4287.)
## Notes
Editorial Notes
Amendments1990—Pub. L. 101625 amended section catchline generally, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).
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# 42 U.S.C. § 1476 - Buildings and repairs
## Text
(a) Construction in accordance with plans and specifications; supervision and inspection; technical services and research In connection with financial assistance authorized in this subchapter, the Secretary shall require that all new buildings and repairs financed under this subchapter shall be substantially constructed and in accordance with such building plans and specifications as may be required by the Secretary. Buildings and repairs constructed with funds advanced pursuant to this subchapter shall be supervised and inspected as required by the Secretary. In addition to the financial assistance authorized in this subchapter, the Secretary is authorized to furnish, through such agencies as he may determine, to any person, including a person eligible for financial assistance under this subchapter, without charge or at such charges as the Secretary may determine, technical services such as building plans, specifications, construction supervision and inspection, and advice and information regarding farm dwellings and other buildings.
(b) Research and technical studies for reduction of costs and adaptation and development of fixtures and appurtenances The Secretary is further authorized and directed to conduct research, technical studies, and demonstrations relating to the mission and programs of the Farmers Home Administration and the national housing goals defined in section 1441 of this title. In connection with such activities, the Secretary shall seek to promote the construction of adequate farm and other rural housing, with particular attention to the housing needs of the elderly, handicapped, migrant and seasonal farmworkers, Indians and other identifiable groups with special needs. The Secretary shall conduct such activities for the purposes of stimulating construction and improving the architectural design and utility of dwellings and buildings. In carrying out this subsection, the Secretary may permit demonstrations involving innovative housing units and systems which do not meet existing published standards, rules, regulations, or policies if the Secretary finds that in so doing, the health and safety of the population of the area in which the demonstration is carried out will not be adversely affected, except that the aggregate expenditures for such demonstrations may not exceed $10,000,000 in any fiscal year.
(c) Research, study, and analysis of farm housing The Secretary is further authorized to carry out a program of research, study, and analysis of farm housing in the United States to develop data and information on—
(1) the adequacy of existing farm housing;
(2) the nature and extent of current and prospective needs for farm housing, including needs for financing and for improved design, utility, and comfort, and the best methods of satisfying such needs;
(3) problems faced by farmers and other persons eligible under section 1471 of this title in purchasing, constructing, improving, altering, repairing, and replacing farm housing;
(4) the interrelation of farm housing problems and the problems of housing in urban and suburban areas; and
(5) any other matters bearing upon the provision of adequate farm housing.
(d) Research capacity within Farmers Home Administration; establishment; authority In order to carry out this section, the Secretary shall establish a research capacity within the Farmers Home Administration which shall have authority to undertake, or to contract with any public or private body to undertake, research authorized by this section.
(e) Preparation and submission of estimates of housing needs The Secretary of Agriculture shall prepare and submit to the President and to the Congress estimates of national rural housing needs and reports with respect to the progress being made toward meeting such needs and correlate and recommend proposals for such executive action or legislation necessary or desirable for the furtherance of the national housing objective and policy established by this Act with respect to rural housing, together with such other reports or information as may be required of the Secretary by the President or the Congress.
(f) Study of housing available for migrant and settled farmworkers (1) The Secretary shall conduct a study of housing which is available for migrant and settled farmworkers. In conducting such study, the Secretary shall—
(A) determine the location, number, quality, and condition of housing units which are available to such farmworkers and the cost assessed such farmworkers for occupying such units;
(B) recommend legislative, administrative, and other action (including the need for new authority for such action) which may be taken for the purpose of improving both the availability and the condition of such housing units; and
(C) determine the possible roles which individual farmworkers, farmworker associations, individual farmers, farmer associations, and public and private nonprofit agencies can perform in improving the housing conditions of farmworkers.
(2) The Secretary shall transmit the results of the study described in paragraph (1) to each House of the Congress within one year after October 31, 1978.
(July 15, 1949, ch. 338, title V, § 506, 63 Stat. 435; Pub. L. 8770, title VIII, §§ 804(b)(1), 805(a), June 30, 1961, 75 Stat. 188; Pub. L. 87723, § 4(c)(2), Sept. 28, 1962, 76 Stat. 672; Pub. L. 88560, title V, § 503(c), Sept. 2, 1964, 78 Stat. 798; Pub. L. 89117, title X, § 1005(d), Aug. 10, 1965, 79 Stat. 501; Pub. L. 89348, § 1(5), Nov. 8, 1965, 79 Stat. 1310; Pub. L. 93383, title V, §§ 506, 519(a), Aug. 22, 1974, 88 Stat. 694, 699; Pub. L. 95128, title V, § 510, Oct. 12, 1977, 91 Stat. 1142; Pub. L. 95557, title V, § 502, Oct. 31, 1978, 92 Stat. 2111; Pub. L. 98181, title I [title V, § 505], Nov. 30, 1983, 97 Stat. 1242; Pub. L. 10466, title I, § 1011(m), Dec. 21, 1995, 109 Stat. 710.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (e), is act July 15, 1949, ch. 338, 63 Stat. 413, known as the Housing Act of 1949, which is classified principally to this chapter (§ 1441 et seq.). For complete classification of that Act to the Code, see Short Title note set out under section 1441 of this title and Tables.
Amendments1995—Subsec. (b). Pub. L. 10466 struck out at end “The Secretary shall report to the Congress at the close of each fiscal year on the results of such demonstrations.” 1983—Subsec. (b). Pub. L. 98181 inserted provision relating to demonstrations involving innovative housing units and systems not meeting existing standards with expenditures not to exceed $10,000,000 in any fiscal year and a report to be made to Congress at the close of each fiscal year. 1978—Subsec. (b). Pub. L. 95557, § 502(a), revised the provisions of this subsection to bring particular attention to the housing needs of the elderly, handicapped, migrant and seasonal farmworkers, Indians and other identifiable groups. Subsec. (f). Pub. L. 95557, § 502(b), added subsec. (f). 1977—Subsec. (d). Pub. L. 95128 substituted provision respecting establishment and authority of a research capacity within the Farmers Home Administration for provision to carry out subsec. (b) and (c) research and study programs through grants by the Secretary to land-grant colleges on such terms, conditions, and standards as he may prescribe or through such other agencies as he may elect. 1974—Subsec. (a). Pub. L. 93383, § 519(a), substituted “as required by the Secretary” for “as may be required by the Secretary, by competent employees of the Secretary”. Subsec. (d). Pub. L. 93383, § 506(a), substituted provisions authorizing grants to such other private or public organizations as selected by the Secretary upon finding that required research and study could not be performed by personnel and facilities of Department of Agriculture or land-grant colleges, for provisions authorizing grants to such other agencies as selected by the Secretary. Subsec. (e). Pub. L. 93383, § 506(b), substituted “rural housing” for “farm housing” wherever appearing. 1965—Subsec. (a). Pub. L. 89117 substituted “this subchapter” for “sections 1471 to 1474 and sections 1484 to 1486 of this title” wherever appearing. Subsec. (e). Pub. L. 89348, which directed the repeal in subsec. (b) of the requirement of the report of estimates of national farm housing needs and of progress made toward meeting such needs, probably was intended to repeal such reporting requirement in subsec. (e) in view of the redesignation of subsec. (b) as (e) by Pub. L. 8770. 1964—Subsec. (a). Pub. L. 88560 inserted reference to section 1486 of this title wherever appearing. 1962—Subsec. (a). Pub. L. 87723 substituted “sections 1484 and 1485” for “section 1484” wherever appearing. 1961—Subsec. (a). Pub. L. 8770, §§ 804(b)(1), 805(a)(1), inserted a reference to section 1484 of this title in two places, and struck out provisions which authorized the conduct of research and technical studies including the development, demonstration, and promotion of construction of adequate farm dwellings and other buildings for the purposes of stimulating construction, improving architectural design and utility, utilizing new and native materials, economies in materials and construction methods, and new methods of production, distribution, assembly, and construction, which provisions are now contained in subsec. (b) of this section. Subsecs. (b) to (e). Pub. L. 8770, § 805(a)(2), (3), added subsecs. (b) to (d) and redesignated former subsec. (b) as (e). Provisions of subsec. (b) were formerly contained in subsec. (a).
Statutory Notes and Related Subsidiaries
Study of Emergency Potable Water and Sewage ProgramPub. L. 95557, title V, § 508, Oct. 31, 1978, 92 Stat. 2114, required Secretary of Agriculture to determine the approximate number of rural housing units without access to sanitary toilet facilities or potable water, prepare a projection of the cost providing such facilities and supplies, and report to Congress not later than six months after Oct. 31, 1978.
Report of Estimates of National Farm Housing NeedsPub. L. 89348, § 1(5), Nov. 8, 1965, 79 Stat. 1310, repealed provisions of subsec. (e) of this section which related to reports of the estimates of national farm housing needs and of progress toward meeting such needs.
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# 42 U.S.C. § 1477 - Preferences for veterans and families of deceased servicemen
## Text
As between eligible applicants seeking assistance under sections 1471 to 1474, inclusive, of this title, the Secretary shall give preference to veterans and the families of deceased servicemen. As used herein, a “veteran” shall mean a person who served in the military forces of the United States during any war between the United States and any other nation or during the period beginning June 27, 1950, and ending on such date as shall be determined by Presidential proclamation or concurrent resolution of Congress, or during the period beginning after January 31, 1955, and ending on August 4, 1964, or during the Vietnam era (as defined in section 101(29) of title 38), and who was discharged or released therefrom on conditions other than dishonorable. “Deceased servicemen” shall mean persons who served in the military forces of the United States during any war between the United States and any other nation or during the period beginning June 27, 1950, and ending on such date as shall be determined by Presidential proclamation or concurrent resolution of Congress, or during the period beginning after January 31, 1955, and ending on August 4, 1964, or during the Vietnam era (as defined in section 101(29) of title 38), and who died in service before the termination of such war or such period or era.
(July 15, 1949, ch. 338, title V, § 507, 63 Stat. 435; June 30, 1953, ch. 174, § 3, 67 Stat. 132; Pub. L. 8770, title VIII, § 804(b)(2), June 30, 1961, 75 Stat. 188; Pub. L. 93383, title V, § 507, Aug. 22, 1974, 88 Stat. 694.)
## Notes
Editorial Notes
Amendments1974—Pub. L. 93383 inserted references to the period beginning after Jan. 31, 1955 and ending on Aug. 4, 1964, or during the Vietnam era wherever appearing therein. 1961—Pub. L. 8770 substituted “under sections 1471 to 1474, inclusive, of this title” for “under this subchapter.” 1953—Act June 30, 1953, enlarged the definition of “veteran” and “deceased servicemen” to include members of the armed forces who have served during the Korean conflict.
Statutory Notes and Related Subsidiaries
Continuation of ProvisionsJoint Res. July 3, 1952, ch. 570, § 1(a)(20), 66 Stat. 332, as amended by Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, provided that qualification period should continue in force until six months after the termination of the national emergency proclaimed by the President on Dec. 16, 1950 by 1950 Proc. No. 2914, 15 F.R. 9029, set out as a note preceding section 1 of Title 50, War and National Defense, or such earlier date or dates as may be provided for by Congress, but in no event beyond July 1, 1953. Section 7 of Joint Res. July 3, 1952, provided that it should become effective June 16, 1952.
Repeal of Prior Acts Continuing SectionSection 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.
Executive Documents
Period of Service in Military ForcesProc. No. 3080, Jan. 5, 1955, 20 F.R. 173, fixed Jan. 31, 1955, as the date ending the period during which persons must have served in the military forces in order that such persons come within the meaning of the terms “veteran” and “deceased servicemen”, contained in this section, by reason of service during the period beginning June 27, 1950.
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# 42 U.S.C. § 1478 - Local committees to assist Secretary
## Text
(a) Composition, appointment, and compensation; chairman; promulgation of procedural rules; forms and equipment For the purposes of this subsection and subsection (b) of this section, the Secretary may use the services of any existing committee of farmers operating (pursuant to laws or regulations carried out by the Department of Agriculture) in any county or parish in which activities are carried on under this subchapter. In any county or parish in which activities are carried on under this subchapter and in which no existing satisfactory committee is available, the Secretary is authorized to appoint a committee composed of three persons residing in the county or parish. Each member of such existing or newly appointed committee shall be allowed compensation at the rate determined by the Secretary while engaged in the performance of duties under this subchapter and, in addition, shall be allowed such amounts as the Secretary may prescribe for necessary traveling and subsistence expenses. One member of the committee shall be designated by the Secretary as chairman. The Secretary shall prescribe rules governing the procedures of the committees, furnish forms and equipment necessary for the performance of their duties, and authorize and provide for the compensation of such clerical assistance as he deems may be required by any committee.
(b) Duties The committees utilized or appointed pursuant to this section may examine applications of persons desiring to obtain the benefits of section 1471(a)(1) and (2) of this title as they relate to the successful operation of a farm, and may submit recommendations to the Secretary with respect to each applicant as to whether the applicant is eligible to receive such benefits, whether by reason of his character, ability, and experience he is likely successfully to carry out undertakings required of him under a loan under such section, and whether the farm with respect to which the application is made is of such character that there is a reasonable likelihood that the making of the loan requested will carry out the purposes of this subchapter. The committees may also certify to the Secretary with respect to the amount of any loan.
(July 15, 1949, ch. 338, title V, § 508, 63 Stat. 436; Pub. L. 8770, title VIII, § 806, June 30, 1961, 75 Stat. 188; Pub. L. 91609, title VIII, § 803(b), Dec. 31, 1970, 84 Stat. 1807; Pub. L. 93383, title V, § 508, Aug. 22, 1974, 88 Stat. 694.)
## Notes
Editorial Notes
Amendments1974—Subsec. (b). Pub. L. 93383 substituted provisions relating to examination of applications under section 1471(a)(1) and (2) of this title, and certification to the Secretary with respect to amount of any loan, for provisions relating to examination of applications under provisions of this subchapter, certification to the Secretary with respect to the amount of the loan or grant, and requiring performance of such other duties as the Secretary requests. 1970—Subsec. (b). Pub. L. 91609 substituted “may” for “shall” in first and second sentences where reading “shall examine”, “shall submit”, and “shall also certify”. 1961—Subsec. (a). Pub. L. 8770, § 806(a), substituted “at the rate determined by the Secretary” for “at the rate of $5 per day”. Subsec. (b). Pub. L. 8770, § 806(b), substituted “certify to the Secretary as to the amount of the loan or grant” for “certify to the Secretary their opinions of the reasonable values of the farms”.
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# 42 U.S.C. § 1479 - General powers of Secretary
## Text
(a) Standards of adequate farm housing and other buildings; criteria The Secretary, for the purposes of this subchapter, shall have the power to determine and prescribe the standards of adequate farm housing and other buildings, by farms or localities, taking into consideration, among other factors, the type of housing which will provide decent, safe, and sanitary dwelling for the needs of the family using the housing, the type and character of the farming operations to be conducted, and the size and earning capacity of the land. The Secretary shall approve a residential building as meeting such standards if the building is constructed in accordance with (1) the minimum standards prescribed by the Secretary, (2) the minimum property standards prescribed by the Secretary of Housing and Urban Development for mortgages insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.], (3) the standards contained in any of the voluntary national model building codes, or (4) in the case of manufactured housing, the standards referred to in section 1472(e) of this title. To the maximum extent feasible, the Secretary shall promote the use of energy saving techniques through standards established by such Secretary for newly constructed residential housing assisted under this subchapter. Such standards shall, insofar as is practicable, be consistent with the standards established pursuant to section 526 of the National Housing Act [12 U.S.C. 1735f4] and shall incorporate the energy performance requirements developed pursuant to such section.
(b) Terms or conditions of leases or occupancy agreements subject to change with approval of Secretary The Secretary may require any recipient of a loan or grant to agree that the availability of improvements constructed or repaired with the proceeds of the loan or grant under this subchapter shall not be a justification for directly or indirectly changing the terms or conditions of the lease or occupancy agreement with the occupants of such farms to the latters disadvantage without the approval of the Secretary.
(c) Rural Housing Insurance Fund for payment of expenditures respecting construction defects; judicial review prohibition The Secretary is authorized, after October 1, 1977, with respect to any unit or dwelling newly constructed during the period beginning eighteen months prior to October 12, 1977, and purchased with financial assistance authorized by this subchapter which he finds to have structural defects to make expenditures for (1) correcting such defects, (2) paying the claims of the owner of the property arising from such defects, or (3) acquiring title to the property, if such assistance is requested by the owner of the property within thirty-six months after financial assistance under this subchapter is rendered to the owner of the property or, in the case of property with respect to which assistance was made available within eighteen months prior to October 12, 1977, within thirty-six months after October 12, 1977. Expenditures pursuant to this subsection may be paid from the Rural Housing Insurance Fund. Decisions by the Secretary regarding such expenditures or payments under this subsection, and the terms and conditions under which the same are approved or disapproved, shall not be subject to judicial review.
(d) Defaults involving security interest in tribal lands In the event of default involving a security interest in tribal allotted or trust land, the Secretary shall only pursue liquidation after offering to transfer the account to an eligible tribal member, the tribe, or the Indian housing authority serving the tribe or tribes. If the Secretary subsequently proceeds to liquidate the account, the Secretary shall not sell, transfer, or otherwise dispose of or alienate the property except to one of the entities described in the preceding sentence.
(e) Terms and conditions; regulations The Secretary shall, by regulation, prescribe the terms and conditions under which expenditures and payments may be made under the provisions of this section.
(f) Housing in underserved areas (1) Designation of underserved area The Secretary shall designate as targeted underserved areas 100 counties and communities in each fiscal year that have severe, unmet housing needs as determined by the Secretary. A county or community shall be eligible for designation if, during the 5-year period preceding the year in which the designation is made, it has received an average annual amount of assistance under this subchapter that is substantially lower than the average annual amount of such assistance received during that 5-year period by other counties and communities in the State that are eligible for such assistance calculated on a per capita basis, and has—
(A) 20 percent or more of its population at or below the poverty level; and
(B) 10 percent or more of its population residing in substandard housing.
As used in this paragraph, the term “poverty level” has the meaning given the term in section 5302(a)(9) of this title.
(2) Preferences In selecting projects to receive assistance with amounts set aside under paragraph (4), the Secretary shall give preference to any project located in a county or community that has, at the time of designation and as determined by the Secretary—
(A) 28 percent or more of its population at or below poverty level; and
(B) 13 percent or more of its population residing in substandard housing.
In designating underserved areas under paragraph (1), in each fiscal year the Secretary shall designate not less than 5 counties or communities that contain tribal allotted or Indian trust land.
(3) Outreach program and review (A) Outreach The Secretary shall publicize the availability to targeted underserved areas of grants and loans under this subchapter and promote, to the maximum extent feasible, efforts to apply for those grants and loans for housing in targeted underserved areas.
(B) Review Upon the receipt of data from the 1990 decennial census, the Secretary shall conduct a review of any designations made under paragraph (1) and preferences given under paragraph (2) and the eligibility of communities and counties for such designation and preference, examining the effects of such data on such eligibility. The Secretary shall submit to the Congress, not later than 9 months after the availability of the data, a report regarding the review, which shall include any recommendations of the Secretary for modifications in the standards for designation and preference.
(4) Set-aside for targeted underserved areas and colonias (A) In general The Secretary shall set aside and reserve for assistance in targeted underserved areas an amount equal to 5.0 percent in each fiscal year of the aggregate amount of lending authority under sections 1472, 1474, 1484, 1485, and 1490d of this title. During each fiscal year, the Secretary shall set aside from amounts available for assistance under paragraphs (2) and (5) of section 1490a(a) of this title, an amount that is appropriate to provide assistance with respect to the lending authority under sections 1484 and 1485 of this title that is set aside for such fiscal year. The Secretary shall establish a procedure to reallocate any assistance set aside in any fiscal year for targeted underserved areas that has not been expended during a reasonable period in such year for use in (i) colonias that have applied for and are eligible for assistance under subparagraph (B) or paragraph (7) and did not receive assistance, and (ii) counties and communities eligible for designation as targeted underserved areas but which were not so designated. The procedure shall also provide that any assistance reallocated under the preceding sentence that has not been expended by a reasonable date established by the Secretary (which shall be after the expiration of the period referred to in the preceding sentence) shall be made available and allocated under the laws and regulations relating to such assistance, notwithstanding this subsection.
(B) Priority for colonias (i) Notwithstanding the designation of counties and communities as targeted underserved areas under paragraph (1) and the provisions of section 1490 of this title, colonias shall be eligible for assistance with amounts reserved under subparagraph (A), as provided in this subparagraph.
(ii) In providing assistance from amounts reserved under this paragraph in each fiscal year, the Secretary shall give priority to any application for assistance to be used in, or in close proximity to, and serving the residents of, a colonia located in a State described under clause (iii). After the Secretary has provided assistance under the priority for colonias located in a State in an amount equal to 5 percent of the total amount of assistance allocated under this subchapter to such State in the fiscal year, the priority shall not apply to any applications for colonias in such State.
(iii) This paragraph shall apply to any State for any fiscal year following 2 fiscal years in which the State obligated the total amount of assistance allocated to it under this subchapter during each of such 2 fiscal years.
(5) List of underserved areas The Secretary shall publish annually the current list of targeted underserved areas in the Federal Register.
(6) Project preparation assistance (A) In general The Secretary may make grants to eligible applicants under subparagraph (D) to promote the development of affordable housing in targeted underserved areas and colonias.
(B) Use A grant under this paragraph shall not exceed an amount that the Secretary determines to equal the customary and reasonable costs incurred in preparing an application for a loan under section 1472, 1474, 1484, 1485, or 1490d of this title, or a grant under section 1490m of this title (including preapplication planning, site analysis, market analysis, and other necessary technical assistance). The Secretary shall adjust the loan or grant amount under such sections to take account of project preparation costs that have been paid from grant proceeds under this paragraph and that normally would be reimbursed with proceeds of the loan or grant.
(C) Approval The Secretary shall approve a properly submitted application or issue a written statement indicating the reasons for disapproval not later than 60 days after the receipt of the application.
(D) Eligibility For purposes of this paragraph, an eligible applicant may be a nonprofit organization or corporation, a community housing development organization, State, unit of general local government, or agency of a State or unit of general local government.
(E) Availability of funding Any amounts appropriated to carry out this paragraph shall remain available until expended.
(7) Priority for colonias (A) In general In providing assistance under this subchapter in any fiscal year described under subparagraph (B), each State in which colonias are located shall give priority to any application for assistance to be used in a colonia. The priority under this subparagraph shall not apply in such State after 5 percent of the assistance available in such fiscal year has been allocated for colonias qualifying for the priority.
(B) Covered years This paragraph shall apply to any fiscal year following 2 fiscal years in which the State did not obligate the total amount of assistance allocated it under this subchapter during each of such 2 fiscal years.
(8) “Colonia” defined For purposes of this subsection, the term “colonia” means any identifiable community that—
(A) is in the State of Arizona, California, New Mexico, or Texas;
(B) is in the area of the United States within 150 miles of the border between the United States and Mexico, except that the term does not include any standard metropolitan statistical area that has a population exceeding 1,000,000;
(C) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and
(D) was in existence as a colonia before November 28, 1990.
(July 15, 1949, ch. 338, title V, § 509, 63 Stat. 436; Pub. L. 95128, title V, § 504, Oct. 12, 1977, 91 Stat. 1139; Pub. L. 96153, title V, § 508, Dec. 21, 1979, 93 Stat. 1136; Pub. L. 98181, title I [title V, § 506(a)], Nov. 30, 1983, 97 Stat. 1242; Pub. L. 101625, title VII, §§ 708, 709(b), Nov. 28, 1990, 104 Stat. 4287, 4288; Pub. L. 102550, title VII, § 705, Oct. 28, 1992, 106 Stat. 3835; Pub. L. 104120, § 4(a), Mar. 28, 1996, 110 Stat. 835; Pub. L. 104180, title VII, § 734(b), Aug. 6, 1996, 110 Stat. 1602; Pub. L. 10586, title VII, § 735(a), Nov. 18, 1997, 111 Stat. 2110; Pub. L. 105276, title V, § 599C(a), (e)(2)(B), Oct. 21, 1998, 112 Stat. 2661, 2662.)
## Notes
Editorial Notes
References in TextThe National Housing Act, referred to in subsec. (a), is act June 27, 1934, ch. 847, 48 Stat. 1246. Title II of the National Housing Act is classified principally to subchapter II (§ 1707 et seq.) of chapter 13 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
Amendments1998—Subsec. (f)(4)(A). Pub. L. 105276, in first sentence, substituted “each fiscal year” for “fiscal year 1998” and, in second sentence, substituted “During each fiscal year” for “During such fiscal year” and substituted “from amounts available for assistance under paragraphs (2) and (5) of section 1490a(a) of this title, an amount” for “an amount of section 521 rental assistance”. 1997—Subsec. (f)(4)(A). Pub. L. 10586 substituted “fiscal year 1998” for “fiscal year 1997”. 1996—Subsec. (f)(4)(A). Pub. L. 104180 substituted “fiscal year 1997” for “fiscal year 1996”. Pub. L. 104120 substituted “fiscal year 1996” for “fiscal years 1993 and 1994” and “During such fiscal year” for “During each such fiscal year”. 1992—Subsec. (f)(1). Pub. L. 102550, § 705(a)(1), substituted “in each fiscal year” for “in each of fiscal years 1991 and 1992” in introductory provisions. Subsec. (f)(2). Pub. L. 102550, § 705(a)(2), inserted concluding provisions. Subsec. (f)(4)(A). Pub. L. 102550, § 705(a)(3), substituted “an amount equal to 5.0 percent in fiscal years 1993 and 1994” for “an amount equal to 3.5 percent in fiscal year 1991 and 5.0 percent in fiscal year 1992”. Subsec. (f)(4)(B)(ii). Pub. L. 102550, § 705(c), inserted “, or in close proximity to, and serving the residents of,” before “a colonia”. Subsec. (f)(8)(C) to (E). Pub. L. 102550, § 705(b), redesignated subpar. (D) as (C), struck out former subpar. (C) which read as follows: “is designated by the State or county in which it is located as a colonia;”, added subpar. (D), and struck out subpar. (E) which read as follows: “was in existence and generally recognized as a colonia before November 28, 1990.” 1990—Subsecs. (d), (e). Pub. L. 101625, § 708, added subsec. (d) and redesignated former subsec. (d) as (e). Subsec. (f). Pub. L. 101625, § 709(b), added subsec. (f). 1983—Subsec. (a). Pub. L. 98181 inserted provisions relating to standards, designated cls. (1) to (4), the compliance with which will result in approval by the Secretary, and inserted provision relating to the promotion of the use of energy saving techniques. 1979—Subsec. (c). Pub. L. 96153 substituted “within thirty-six months after October 12, 1977” for “within eighteen months after October 12, 1977”. 1977—Subsecs. (c), (d). Pub. L. 95128 added subsecs. (c) and (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104120 to be construed to have become effective Oct. 1, 1995, see section 13(a) of Pub. L. 104120, set out as an Effective and Termination Dates of 1996 Amendments note under section 1437d of this title.
RegulationsPub. L. 101625, title VII, § 709(c), Nov. 28, 1990, 104 Stat. 4290, provided that: “Not later than the expiration of the 120-day period beginning on the date of enactment of the Cranston-Gonzalez National Affordable Housing Act [Nov. 28, 1990], the Secretary of Agriculture shall issue any regulations necessary to carry out the amendment made by this section [amending this section].”
Housing in Underserved AreasPub. L. 101625, title VII, § 709(a), Nov. 28, 1990, 104 Stat. 4288, provided that: “The purpose of this section [amending this section and enacting provisions set out above] is to improve the quality of affordable housing in communities that have extremely high concentrations of poverty and substandard housing and that have been underserved by rural housing programs, including extremely distressed areas in the Lower Mississippi Delta and other regions of the Nation, by directing Farmers Home Administration assistance toward designated underserved areas.”
Exemptions of Existing Dwellings From Living Area Limitations; Authority of District Offices of Farmers Home AdministrationPub. L. 100202, § 101(k) [title VI, § 632], Dec. 22, 1987, 101 Stat. 1329322, 1329356, provided that: “During fiscal year 1988 and each succeeding fiscal year, the Secretary of Agriculture shall permit each district office of the Farmers Home Administration to exempt any existing dwelling from any limitation established by the Secretary on the number of square feet of living area that may be contained in a dwelling to be eligible for a loan under section 502 of the Housing Act of 1949 [section 1472 of this title], if the dwelling is modest in design, size, and cost for the area in which it is located.”
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# 42 U.S.C. § 1480 - Administrative powers of Secretary
## Text
In carrying out the provisions of this subchapter, the Secretary shall have the power to—
(a) Service and supply contracts make contracts for services and supplies without regard to the provisions of section 6101 of title 41, when the aggregate amount involved is less than $300;
(b) Subordination, subrogation, and other agreements enter into subordination, subrogation, or other agreements satisfactory to the Secretary;
(c) Compromise of claims and obligations compromise, adjust, reduce, or charge-off claims, and adjust, modify, subordinate, or release the terms of security instruments, leases, contracts, and agreements entered into or administered by the Secretary under this subchapter, as circumstances may require, including the release of borrowers or others obligated on a debt from personal liability with or without payment of any consideration at the time of the compromise, adjustment, reduction, or charge-off of any claim;
(d) Collection of claims and obligations collect all claims and obligations arising out of or under any mortgage, lease, contract, or agreement entered into pursuant to this subchapter and, if in his judgment necessary and advisable, to pursue the same to final collection in any court having jurisdiction: Provided, That the prosecution and defense of all litigation under this subchapter shall be conducted under the supervision of the Attorney General and the legal representation shall be by the United States attorneys for the districts, respectively, in which such litigation may arise and by such other attorney or attorneys as may, under law, be designated by the Attorney General; except that—
(1) prosecution and defense of any litigation under section 1472 of this title shall be conducted, at the discretion of the Secretary, by—
(A) the United States attorneys for the districts in which the litigation arises and any other attorney that the Attorney General may designate under law, under the supervision of the Attorney General;
(B) the General Counsel of the Department of Agriculture; or
(C) any other attorney with whom the Secretary enters into a contract after a determination by the Secretary that—
(i) the attorney will provide competent and cost-effective representation for the Farmers Home Administration; and
(ii) representation by the attorney will either (I) accelerate the process by which a family or person eligible for assistance under section 1472 of this title will be able to purchase and occupy the housing involved; or (II) preserve the quality of the housing involved; and
(2) the Secretary shall annually submit to the Congress a report describing activities carried out under paragraph (1)(C), including the cost of entering into contracts with such attorneys and the savings resulting from expedited foreclosure proceedings;
(e) Purchase of pledged or mortgaged property at foreclosure or other sales; operation, sale or disposition of said property bid for and purchase at any foreclosure or other sale or otherwise to acquire the property pledged or mortgaged to secure a loan or other indebtedness owing under this subchapter, to accept title to any property so purchased or acquired, to operate or lease such property for such period as may be necessary or advisable, to protect the interest of the United States therein, to repair and rehabilitate such property, and to sell or otherwise dispose of the property so purchased or acquired by such terms and for such considerations as the Secretary shall determine to be reasonable and to make loans as provided herein to provide adequate farm dwellings and buildings for the purchasers of such property; except that the Secretary may not sell or otherwise dispose of such property unless (1) the Secretary assures that such property will meet decent, safe, and sanitary standards, including cost-effective energy conservation standards prescribed under section 1479(a) of this title, (2) the recipient of the property is obligated, as a condition of the sale or other disposition of the property, to meet such standards with respect to the property before such property is occupied, or (3) such recipient is precluded, as a condition of the sale or other disposition of the property, from using the property for residential purposes and the authority of the Secretary under this paragraph includes the authority to transfer section 1472 inventory properties for use as rental or cooperative units under section 1485 of this title with mortgages containing repayment terms with up to fifty years, or for use as rental units under section 1484 of this title with mortgages containing repayment terms with up to 33 years, to private nonprofit organizations, public bodies, or for-profit entities, which have good records of providing low income housing under section 1485 of this title; such a transfer may be made even where rental assistance may be required so long as the authority to provide such assistance is available after taking into account the requirements of section 1490a(d)(1) of this title; where the Secretary determines the transfer will contribute to the provision of housing for very low-income persons and families, the transfer may be made at the lesser of the appraised value or the Farmers Home Administrations investment;
(f) Processing of applications received prior to determination of nonrural status; assistance continue processing as expeditiously as possible applications on hand received prior to the time an area has been determined by the Secretary not to be “rural” or a “rural area”, as those terms are defined in section 1490 of this title, and make loans or grants to such applicants who are found to be eligible on the same basis as though the area were still rural;
(g) Rules and regulations for written notice of denial or reduction of assistance issue rules and regulations which assure that applicants denied assistance under this subchapter or persons or organizations whose assistance under this subchapter is being substantially reduced or terminated are given written notice of the reasons for denial, reduction or termination and are provided at least an opportunity to appeal an adverse decision and to present additional information relevant to that decision to a person, other than the person making the original determination, who has authority to reverse the decision, except that rules issued under this subsection may not exclude from their coverage decisions made by the Secretary that are not based on objective standards contained in published regulations;
(h) Assistance in connection with transfers and assumptions of property for nonrural areas notwithstanding that an area ceases, or has ceased, to be “rural”, in a “rural area”, or an eligible area, make assistance under this subchapter available for subsequent loans to permit necessary dwelling repairs and rehabilitation and in connection with transfers and assumptions of property securing any loan made, insured, or held by the Secretary or in connection with any property held by the Secretary under this subchapter on the same basis as though the area were still rural;
(i) Utilization of indebtedness utilize with respect to the indebtedness arising from loans and payments made under this subchapter, all the powers and authorities given to him under sections 1150 to 1150b of title 12;
(j) Fee inspectors and appraisers utilize the services of fee inspectors and fee appraisers to expedite the processing of applications for loans and grants under this subchapter, which services shall be utilized in any case in which a county or district office is unable to expeditiously process such loan and grant applications, and to include the cost of such services in the amount of such loans and grants; and
(k) Rules and regulations make such rules and regulations as he deems necessary to carry out the purposes of this subchapter.
(July 15, 1949, ch. 338, title V, § 510, 63 Stat. 437; Pub. L. 94375, § 25(c), Aug. 3, 1976, 90 Stat. 1078; Pub. L. 95557, title V, § 503, Oct. 31, 1978, 92 Stat. 2112; Pub. L. 96153, title V, § 507, Dec. 21, 1979, 93 Stat. 1136; Pub. L. 96399, title V, §§ 508, 510, Oct. 8, 1980, 94 Stat. 1670, 1671; Pub. L. 98181, title I [title V, § 507], Nov. 30, 1983, 97 Stat. 1243; Pub. L. 98479, title I, § 105(c), Oct. 17, 1984, 98 Stat. 2227; Pub. L. 100242, title III, § 313, Feb. 5, 1988, 101 Stat. 1897; Pub. L. 100628, title X, § 1045, Nov. 7, 1988, 102 Stat. 3273; Pub. L. 101625, title VII, §§ 710, 711, Nov. 28, 1990, 104 Stat. 4291.)
## Notes
Editorial Notes
Codification In subsec. (a), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes, as amended” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments1990—Subsec. (e)(3). Pub. L. 101625, § 710, inserted “, or for use as rental units under section 1484 of this title with mortgages containing repayment terms with up to 33 years,” after “fifty years” and substituted “, public bodies, or for-profit entities, which have good records of providing low income housing under section 1485 of this title” for “or public bodies”. Subsec. (g). Pub. L. 101625, § 711, inserted before semicolon at end “, except that rules issued under this subsection may not exclude from their coverage decisions made by the Secretary that are not based on objective standards contained in published regulations”. 1988—Subsec. (c). Pub. L. 100242 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “compromise claims and obligations arising out of sections 1472 to 1475 of this title and adjust and modify the terms of mortgages, leases, contracts, and agreements entered into as circumstances may require, including the release from personal liability, without payments of further consideration, of— “(1) borrowers who have transferred their farms to other approved applicants for loans who have agreed to assume the outstanding indebtedness to the Secretary under this subchapter; and “(2) borrowers who have transferred their farms to other approved applicants for loans who have agreed to assume that portion of the outstanding indebtedness to the Secretary under this subchapter which is equal to the earning capacity value of the farm at the time of the transfer, and borrowers whose farms have been acquired by the Secretary, in cases where the Secretary determines that the original borrowers have cooperated in good faith with the Secretary, have farmed in a workmanlike manner, used due diligence to maintain the security against loss, and otherwise fulfilled the covenants incident to their loans, to the best of their abilities;”. Subsec. (d). Pub. L. 100628 inserted before semicolon at end “; except that—” and added pars. (1) and (2). 1984—Subsec. (e). Pub. L. 98479 substituted “; such” and “; where” for “. Such” and “. Where”, respectively. 1983—Subsec. (e). Pub. L. 98181, § 507(a), inserted provisions relating to the authority of the Secretary to transfer section 1472 inventory property to private nonprofit organizations or public bodies. Subsecs. (j), (k). Pub. L. 98181, § 507(b), added subsec. (j) and redesignated former subsec. (j) as (k). 1980—Subsec. (e)(1). Pub. L. 96399, § 508, inserted provisions respecting cost-effective energy conservation standards prescribed under section 1479(a) of this title. Subsec. (h). Pub. L. 96399, § 510, inserted provisions respecting subsequent loans to permit necessary dwelling repairs and rehabilitation. 1979—Subsec. (e). Pub. L. 96153 substituted “United States therein, to repair and rehabilitate such property, and to sell” for “United States therein and to sell”, and inserted provision that the Secretary may not sell or otherwise dispose of such property unless the conditions in cls. (1) to (3) are satisfied. 1978—Subsecs. (g) to (j). Pub. L. 95557 added subsec. (g) and redesignated former subsecs. (g), (h), and (i) as (h), (i), and (j), respectively. 1976—Subsecs. (f) to (i). Pub. L. 94375 added subsecs. (f) and (g) and redesignated former subsecs. (f) and (g) as (h) and (i), respectively.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in subsec. (d)(2) of this section, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the last item on page 47 of House Document No. 1037.
Study of Problems Caused by Remote ClaimsPub. L. 95557, title V, § 509, Oct. 31, 1978, 92 Stat. 2114, directed Secretary of Agriculture to make a detailed study of problems associated with obtaining title insurance by persons in rural areas with respect to real property encumbered by remote claims and make a final report to Congress with respect to such study not later than one year after Oct. 31, 1978.
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# 42 U.S.C. § 1481 - Issuance of notes and obligations for loan funds; amount; limitation; security; form and denomination; interest; purchase and sale by Treasury; public debt transaction
## Text
The Secretary may issue notes and other obligations for purchase by the Secretary of the Treasury for the purpose of making direct loans under this subchapter. The notes and obligations issued by the Secretary shall be secured by the obligations of borrowers and the Secretarys commitments to make contributions under this subchapter and shall be repaid from the payment of principal and interest on the obligations of the borrowers and from funds appropriated hereunder. The notes and other obligations issued by the Secretary shall be in such forms and denominations, shall have such maturities, and shall be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Each such note or other obligation shall bear interest at the average rate, as determined by the Secretary of the Treasury, payable by the Treasury upon its marketable public obligations outstanding at the beginning of the fiscal year in which such note or other obligation is issued, which are neither due nor callable for redemption for 15 years from their date of issue. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations of the Secretary issued hereunder and for such purpose is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under such chapter are extended to include any purchases of such obligations. The Secretary of the Treasury may at any time sell any of the notes or obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or obligations shall be treated as public debt transactions of the United States.
(July 15, 1949, ch. 338, title V, § 511, 63 Stat. 438; July 14, 1952, ch. 723, § 11(a), 66 Stat. 604; June 29, 1954, ch. 410, § 5(a), 68 Stat. 320; Aug. 2, 1954, ch. 649, title VIII, § 812(a), 68 Stat. 647; Aug. 11, 1955, ch. 783, title V, § 501(1), 69 Stat. 654; Aug. 7, 1956, ch. 1029, title VI, § 606(a), 70 Stat. 1114; Pub. L. 8770, title VIII, §§ 801(c), 802, June 30, 1961, 75 Stat. 186; Pub. L. 87723, § 4(c)(1), Sept. 28, 1962, 76 Stat. 672; Pub. L. 88560, title V, § 501(a), Sept. 2, 1964, 78 Stat. 796; Pub. L. 89117, title X, § 1003(b), Aug. 10, 1965, 79 Stat. 500; Pub. L. 98181, title I [title V, § 508], Nov. 30, 1983, 97 Stat. 1243; Pub. L. 98479, title II, § 203(d)(4), Oct. 17, 1984, 98 Stat. 2229.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98479 substituted “chapter 31 of title 31” for “the Second Liberty Bond Act, as amended” and “such chapter” for “such Act”. 1983—Pub. L. 98181 struck out second sentence providing that total principal amount of such notes and obligations issued pursuant to this section during the period beginning July 1, 1956, and ending October 1, 1969, shall not exceed $850,000,000. 1965—Pub. L. 89117 changed the purpose for which the Secretary may issue notes and other obligations for purchase by the Secretary of the Treasury from that of making loans under this subchapter (other than loans under section 1474(b) or 1485 of this title) to that of making direct loans under the entire subchapter, substituted “October 1969” for “September 30, 1965”, eliminated reservation that, of the allowable $850,000,000 principal amount of notes and obligations, $50,000,000 be available exclusively for assistance to elderly persons under clause (3) of section 1471(a) of this title, and changed the method for setting the interest on notes and obligations from that of having the Secretary set a rate taking into consideration the current average rate on outstanding marketable obligations of the United States as of the last day of the month preceding the issuance of the notes or obligations to that of the Secretary setting a rate equal to the average rate payable by the Treasury upon its marketable public obligations outstanding at the beginning of the fiscal year in which such note or other obligation is issued, which are neither due nor callable for redemption for 15 years from their date of issuance. 1964—Pub. L. 88560 substituted “September 30, 1965” for “June 30, 1965”, and “$850,000,000” for “$700,000,000”. 1962—Pub. L. 87723 substituted “1474(b) or 1485” for “1474(b)” and “$700,000,000, of which $50,000,000 shall be available exclusively for assistance to elderly persons as provided in clause (3) of section 1471(a) of this title” for “$650,000,000”. 1961—Pub. L. 8770 substituted “June 30, 1965” for “June 30, 1961”, and “$650,000,000” for “$450,000,000”. 1956—Act Aug. 7, 1956, authorized $450,000,000 for loans for the period beginning July 1, 1956, and ending June 30, 1961. 1955—Act Aug. 11, 1955, authorized an additional $100,000,000 on and after July 1, 1955. 1954—Act Aug. 2, 1954, substituted “$100,000,000” for the authorization of $8,500,000 (on and after July 1, 1954) which had been inserted by Act June 29, 1954. Act June 29, 1954, authorized an additional $8,500,000 on and after July 1, 1954. 1952—Act July 14, 1952, authorized an additional $100,000,000 for fiscal year 1954.
Statutory Notes and Related Subsidiaries
Effective Date of 1956 AmendmentAct Aug. 7, 1956, ch. 1029, title VI, § 606(d), 70 Stat. 1115, provided that: “This section [amending this section and sections 1482 and 1483 of this title] shall take effect as of July 1, 1956.”
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# 42 U.S.C. § 1482 - Repealed. Pub. L. 98181, title I [title V, § 509], Nov. 30, 1983, 97 Stat. 1243
## Notes
Section, acts July 15, 1949, ch. 338, title V, § 512, 63 Stat. 438; July 14, 1952, ch. 723, § 11(b), 66 Stat. 604; June 29, 1954, ch. 410, § 5(b), 68 Stat. 320; Aug. 2, 1954, ch. 649, title VIII, § 812(b), 68 Stat. 647; Aug. 11, 1955, ch. 783, title V, § 501(2), 69 Stat. 654; Aug. 7, 1956, ch. 1029, title VI, § 606(b), 70 Stat. 1114; June 30, 1961, Pub. L. 8770, title VIII, § 801(c), 75 Stat. 186; Sept. 4, 1964, Pub. L. 88560, title V, § 501(b), 78 Stat. 796; Aug. 10, 1965, Pub. L. 89117, title X, § 1005(a), 79 Stat. 501, related to authorization to make commitments for contributions aggregating not to exceed $10,000,000 during period beginning July 1, 1956, and ending Oct. 1, 1969, in connection with loans made pursuant to section 1473 of this title.
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# 42 U.S.C. § 1484 - Insurance of loans for housing and related facilities for domestic farm labor
## Text
(a) Authorization; terms and conditions The Secretary is authorized to insure and make commitments to insure loans made by lenders other than the United States to the owner of any farm or any association of farmers for the purpose of providing housing and related facilities for domestic farm labor, or to any Indian tribe for such purpose, or to any State (or political subdivision thereof), or any broad-based public or private nonprofit organization, or any limited partnership in which the general partner is a nonprofit entity, or any nonprofit organization of farmworkers incorporated within the State for the purpose of providing housing and related facilities for domestic farm labor any place within the State where a need exists. All such loans shall be made in accordance with terms and conditions substantially identical with those specified in section 1472 of this title, except that—
(1) no such loan shall be insured in an amount in excess of the value of the farm involved less any prior liens in the case of a loan to an individual owner of a farm, or the total estimated value of the structures and facilities with respect to which the loan is made in the case of any other loan;
(2) no such loan shall be insured if it bears interest at a rate in excess of 1 per centum per annum;
(3) out of interest payments by the borrower the Secretary shall retain a charge in an amount not less than one-half of 1 per centum per annum of the unpaid principal balance of the loan;
(4) the insurance contracts and agreements with respect to any loan may contain provisions for servicing the loan by the Secretary or by the lender, and for the purchase by the Secretary of the loan if it is not in default, on such terms and conditions as the Secretary may prescribe; and
(5) the Secretary may take mortgages creating a lien running to the United States for the benefit of the insurance fund referred to in subsection (b) notwithstanding the fact that the note may be held by the lender or his assignee.
(b) Utilization of farm tenant mortgage insurance fund; additions to and deposits in fund; deposits in Treasury The Secretary shall utilize the insurance fund created by section 1005a of title 7 11 See References in Text note below. and the provisions of section 1005c(a), (b), and (c) of title 7 1 to discharge obligations under insurance contracts made pursuant to this section, and
(1) the Secretary may utilize the insurance fund to pay taxes, insurance, prior liens, and other expenses to protect the security for loans which have been insured hereunder and to acquire such security property at foreclosure sale or otherwise;
(2) the notes and security therefor acquired by the Secretary under insurance contracts made pursuant to this section shall become a part of the insurance fund. Loans insured under this section may be held in the fund and collected in accordance with their terms or may be sold and reinsured. All proceeds from such collections, including the liquidation of security and the proceeds of sales, shall become a part of the insurance fund; and
(3) of the charges retained by the Secretary out of interest payments by the borrower, amounts not less than one-half of 1 per centum per annum of the unpaid principal balance of the loan shall be deposited in and become a part of the insurance fund. The remainder of such charges shall be deposited in the Treasury of the United States and shall be available for administrative expenses of the Farmers Home Administration, to be transferred annually to and become merged with any appropriation for such expenses.
(c) Insurance contract; obligation of United States; incontestability Any contract of insurance executed by the Secretary under this section shall be an obligation of the United States and incontestable except for fraud or misrepresentation of which the holder of the contract has actual knowledge.
(d) Repealed. Pub. L. 96153, title V, § 501(b), Dec. 21, 1979, 93 Stat. 1133
(e) Administrative expenses Amounts made available pursuant to section 1483 of this title shall be available for administrative expenses incurred under this section.
(f) Definitions As used in this section—
(1) the term “housing” means (A) new structures (including household furnishings) suitable for dwelling use by domestic farm labor, and (B) existing structures (including household furnishings) which can be made suitable for dwelling use by domestic farm labor by rehabilitation, alteration, conversion, or improvement;
(2) the term “related facilities” means (A) new structures (including household furnishings) suitable for use as dining halls, community rooms or buildings, or infirmaries, or for other essential services facilities, and (B) existing structures (including household furnishings) which can be made suitable for the above uses by rehabilitation, alteration, conversion, or improvement and (C) land necessary for an adequate site; and
(3) the term “domestic farm labor” means any person (and the family of such person) who receives a substantial portion of his or her income from primary production of agricultural or aquacultural commodities, the handling of agricultural or aquacultural commodities in the unprocessed stage, or the processing of agricultural or aquacultural commodities, without respect to the source of employment, except that—
(A) such person shall be a citizen of the United States, or a person legally admitted for permanent residence, or a person legally admitted to the United States and authorized to work in agriculture;
(B) such term includes any person (and the family of such person) who is retired or disabled, but who was domestic farm labor at the time of retirement or becoming disabled; and
(C) in applying this paragraph with respect to vacant units in farm labor housing, the Secretary shall make units available for occupancy in the following order of priority:
(i) to active farm laborers (and their families);
(ii) to retired or disabled farm laborers (and their families) who were active in the local farm labor market at the time of retiring or becoming disabled; and
(iii) to other retired or disabled farm laborers (and their families).
(g) Waiver of interest rate limitations The Secretary may waive the interest rate limitation contained in subsection (a)(2) and the requirement of section 1471(c)(3) of this title in any case in which the Secretary determines that qualified public or private nonprofit sponsors are not currently available and are not likely to become available within a reasonable period of time and such waiver is necessary to permit farmers to provide housing and related facilities for migrant domestic farm laborers, except that the benefits resulting from such waiver shall accrue to the tenants, and the interest rate on a loan insured under this section and for which the Secretary permits such waiver shall be no less than one-eighth of 1 per centum above the average interest rate on notes or other obligations which are issued under section 1481 of this title and have maturities comparable to such a loan.
(h) Determination of need for assistance In making available assistance in any area under this section or section 1486 of this title, the Secretary shall—
(1) in determining the need for the assistance, take into consideration the housing needs only of domestic farm labor, including migrant farmworkers, in the area; and
(2) in determining whether to provide such assistance, make such determination without regard to the extent or nature of other housing needs in the area.
(i) Domestic farm labor housing available for other families Housing and related facilities constructed with loans under this section may be used for tenants eligible for occupancy under section 1485 of this title if the Secretary determines that—
(1) there is no longer a need in the area for farm labor housing; or
(2) the need for such housing in the area has diminished to the extent that the purpose of the loan, providing housing for domestic farm labor, can no longer be met.
(j) Carbon monoxide alarm or detector Housing and related facilities constructed with loans under this section shall contain installed carbon monoxide alarms or detectors that meet or exceed—
(1) the standards described in chapters 9 and 11 of the 2018 publication of the International Fire Code, as published by the International Code Council; or
(2) any other standards as may be adopted by the Secretary, in collaboration with the Secretary of Housing and Urban Development, including any relevant updates to the International Fire Code, through a notice published in the Federal Register.
(k) Qualifying smoke alarms (1) In general Housing and related facilities constructed with loans under this section shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
(2) Definitions For purposes of this subsection, the following definitions shall apply:
(A) Smoke alarm defined The term “smoke alarm” has the meaning given the term “smoke detector” in section 2225(d) of title 15.
(B) Qualifying smoke alarm defined The term “qualifying smoke alarm” means a smoke alarm that—
(i) in the case of a dwelling unit built before December 29, 2022, and not substantially rehabilitated after December 29, 2022—
(I) (aa) is hardwired; or
(bb) uses 10-year non rechargeable, nonreplaceable primary batteries and—
(AA) is sealed;
(BB) is tamper resistant; and
(CC) contains silencing means; and
(II) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or
(ii) in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022, is hardwired.
(July 15, 1949, ch. 338, title V, § 514, as added Pub. L. 8770, title VIII, § 804(a), June 30, 1961, 75 Stat. 186; amended Pub. L. 88560, title V, § 502, Sept. 2, 1964, 78 Stat. 796; Pub. L. 90448, title X, § 1004, Aug. 1, 1968, 82 Stat. 553; Pub. L. 91609, title VIII, § 801(a)(c), Dec. 31, 1970, 84 Stat. 1805, 1806; Pub. L. 95128, title V, § 505, Oct. 12, 1977, 91 Stat. 1140; Pub. L. 95557, title V, §§ 501(d), 504, Oct. 31, 1978, 92 Stat. 2111, 2112; Pub. L. 96153, title V, § 501(b), Dec. 21, 1979, 93 Stat. 1133; Pub. L. 96399, title V, § 507(b), Oct. 8, 1980, 94 Stat. 1670; Pub. L. 98181, title I [title V, § 510], Nov. 30, 1983, 97 Stat. 1243; Pub. L. 100242, title III, §§ 305(a), 316(b), Feb. 5, 1988, 101 Stat. 1895, 1897; Pub. L. 100628, title X, § 1043(a), Nov. 7, 1988, 102 Stat. 3273; Pub. L. 104180, title VII, § 734(e)(1), Aug. 6, 1996, 110 Stat. 1603; Pub. L. 105276, title V, § 599C(d), Oct. 21, 1998, 112 Stat. 2661; Pub. L. 106569, title VII, §§ 703, 708(b), Dec. 27, 2000, 114 Stat. 3013, 3018; Pub. L. 110234, title VI, § 6205, May 22, 2008, 122 Stat. 1209; Pub. L. 110246, § 4(a), title VI, § 6205, June 18, 2008, 122 Stat. 1664, 1971; Pub. L. 115141, div. A, title III, Mar. 23, 2018, 132 Stat. 365; Pub. L. 116260, div. Q, title I, § 101(f)(1), Dec. 27, 2020, 134 Stat. 2164; Pub. L. 117328, div. AA, title VI, § 601(e)(1), Dec. 29, 2022, 136 Stat. 5546.)
## Notes
Editorial Notes
References in TextSections 1005a and 1005c(a), (b), and (c) of title 7, referred to in subsec. (b), were repealed by section 341(a) of Pub. L. 87128, title III, Aug. 8, 1961, 75 Stat. 318 (set out as a note under section 1921 of Title 7, Agriculture), which also provided that references in other laws to the Bankhead-Jones Farm Tenant Act shall be construed as referring to appropriate provisions of section 1921 et seq. of Title 7. The fund established pursuant to section 1005a of Title 7 was renamed the Agricultural Credit Insurance Fund. See section 1929 of Title 7.
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246. Another section 801(b) of Pub. L. 91609 amended section 1460(c)(1) of this title.
Amendments2022—Subsec. (k). Pub. L. 117328 added subsec. (k). 2020—Subsec. (j). Pub. L. 116260 added subsec. (j). 2018—Subsec. (f)(3)(A). Pub. L. 115141 substituted “United States,” for “United States” and inserted “, or a person legally admitted to the United States and authorized to work in agriculture” before semicolon at end. 2008—Subsec. (f)(3). Pub. L. 110246, § 6205, substituted “, the handling of agricultural or aquacultural commodities in the unprocessed stage, or the processing of agricultural or aquacultural commodities” for “or the handling of such commodities in the unprocessed stage” in introductory provisions. 2000—Subsec. (a). Pub. L. 106569, § 703, substituted “limited partnership” for “nonprofit limited partnership” in first sentence of introductory provisions. Subsec. (j). Pub. L. 106569, § 708(b), struck out heading and text of subsec. (j). Text read as follows: “Whoever, as an owner, agent, or manger, or who is otherwise in custody, control, or possession of property that is security for a loan made or insured under this section willfully uses, or authorizes the use, of any part of the rents, assets, proceeds, income, or other funds derived from such property, for any purpose other than to meet actual or necessary expenses of the property, or for any other purpose not authorized by this subchapter or the regulations adopted pursuant to this subchapter, shall be fined not more than $250,000 or imprisoned not more than 5 years, or both.” 1998—Subsec. (a). Pub. L. 105276 inserted “, or any nonprofit limited partnership in which the general partner is a nonprofit entity,” after “private nonprofit organization” in first sentence. 1996—Subsec. (j). Pub. L. 104180 added subsec. (j). 1988—Subsec. (f)(1). Pub. L. 100242, § 316(b), struck out “and” at end. Subsec. (f)(3). Pub. L. 100242, § 305(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the term domestic farm labor means persons who receive a substantial portion (as determined by the Secretary) of their income as laborers on farms situated in the United States, Puerto Rico, or the Virgin Islands and either (A) are citizens of the United States, or (B) reside in the United States, Puerto Rico, or the Virgin Islands after being legally admitted for permanent residence therein.” Subsec. (i). Pub. L. 100628 added subsec. (i). 1983—Subsec. (h). Pub. L. 98181 added subsec. (h). 1980—Subsec. (a). Pub. L. 96399 inserted reference to Indian tribe. 1979—Subsec. (d). Pub. L. 96153 repealed subsec. (d) which provided for a maximum of $38,000,000 for the aggregate amount of principal obligations of loans insured under this section. 1978—Subsec. (d). Pub. L. 95557, § 501(d), substituted “$38,000,000 (subject to approval in an appropriation Act)” for “$25,000,000”. Subsec. (g). Pub. L. 95557, § 504, added subsec. (g). 1977—Subsec. (f)(3). Pub. L. 95128 extended definition of “domestic farm labor” to include laborers on farms situated in Puerto Rico and the Virgin Islands and the residents of the islands after being legally admitted for permanent residence. 1970—Subsec. (a). Pub. L. 91609, § 801(a), authorized insurance of loans to broad-based nonprofit organizations and nonprofit organizations of farmworkers incorporated within the State and provided for housing and related facilities for domestic farm labor any place within the State where need exists. Subsec. (a)(2). Pub. L. 91609, § 801(b), substituted “1” for “5” per centum. Subsec. (f)(1), (2). Pub. L. 91609, § 801(c), substituted “structures (including household furnishings)” for “structures” in cls. (A) and (B). 1968—Subsec. (f)(2). Pub. L. 90448 included land necessary for an adequate site within the definition of “related facilities”. 1964—Subsec. (f)(3). Pub. L. 88560 included residents of the United States after being legally admitted for permanent residence.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117328 effective 2 years after Dec. 29, 2022, see section 601(h) of div. AA of Pub. L. 117328, set out as a note under section 1701q of Title 12, Banks and Banking.
Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Construction of 2022 AmendmentNothing in amendment made by Pub. L. 117328 to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see section 601(i) of div. AA of Pub. L. 117328, set out as a note under section 1701q of Title 12, Banks and Banking.
Construction of 2020 AmendmentNothing in amendment made by Pub. L. 116260 to be construed to preempt or limit applicability of certain State or local laws relating to carbon monoxide devices, see section 101(j) of div. Q of Pub. L. 116260, set out as a note under section 1437a of this title.
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description: "Financial assistance to provide low-rent housing for domestic farm labor"
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---
# 42 U.S.C. § 1486 - Financial assistance to provide low-rent housing for domestic farm labor
## Text
(a) Application; considerations Upon the application of any State or political subdivision thereof, or any Indian tribe, or any broad-based public or private nonprofit organization incorporated within the State, or any nonprofit organization of farmworkers incorporated within the State, the Secretary is authorized to provide financial assistance for the provision of low-rent housing and related facilities (which may be located any place within the State) for domestic farm labor, if he finds that—
(1) the housing and related facilities for which financial assistance is requested will fulfill a pressing need in the area in which such housing and facilities will be located, and there is reasonable doubt that the same can be provided without financial assistance under this section;
(2) the applicant will contribute, from its own resources or from funds borrowed under section 1484 of this title or elsewhere, at least 10 per centum of the total development cost;
(3) the types of housing and related facilities to be provided are most practicable, giving due consideration to the purposes to be served thereby and the needs of the occupants thereof, and such housing and facilities shall be durable and suitable for year-around occupancy or use, unless the Secretary finds that there is no need for such year-around occupancy or use in that area; and
(4) the construction will be undertaken in an economical manner, and the housing and related facilities will not be of elaborate or extravagant design or material.
(b) Maximum amount of assistance The amount of any financial assistance provided under this section for low-rent housing and related facilities shall not exceed 90 per centum of the total development cost thereof, as determined by the Secretary, less such amount as the Secretary determines can be practicably obtained from other sources (including a loan under section 1484 of this title).
(c) Prerequisite agreements; rentals; safety and sanitation standards; priority of domestic farm labor No financial assistance for low-rent housing and related facilities shall be made available under this section unless, to any extent and for any periods required by the Secretary, the applicant agrees—
(1) that the rentals charged domestic farm labor shall not exceed such amounts as may be approved by the Secretary, giving due consideration to the income and earning capacity of the tenants, and the necessary costs of operating and maintaining such housing;
(2) that such housing shall be maintained at all times in a safe and sanitary condition in accordance with such standards as may be prescribed by State or local law, or, in the absence of such standards, in accordance with such minimum requirements as the Secretary shall prescribe;
(3) an absolute priority will be given at all times in granting occupancy of such housing and facilities to domestic farm labor; and
(4) that such housing shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
(d) Payments; contracts to specify uses of housing The Secretary may make payments pursuant to any contract for financial assistance under this section at such times and in such manner, as may be specified in the contract. In each contract, the Secretary shall include such covenants, conditions, or provisions as he deems necessary to insure that the housing and related facilities, for which financial assistance is made available, be used only in conformity with the provisions of this section.
(e) Regulations for prevention of waste The Secretary shall prescribe regulations to insure that Federal funds expended under this section are not wasted or dissipated. The Secretary shall not give priority for funding under this section to any one of the groups listed in subsection (a) over any of the others so listed.
(f) Wages; labor standards; waiver; authority and functions of Secretary All laborers and mechanics employed by contractors or subcontractors on projects assisted by the Secretary which are undertaken by approved applicants under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 31413144, 3146, and 3147 of title 40. The Secretary shall not extend any financial assistance under this section for any project without first obtaining adequate assurance that these labor standards will be maintained on the construction work; except that compliance with such standards may be waived by the Secretary in cases or classes of cases where laborers or mechanics, not otherwise employed at any time on the project, voluntarily donate their services without compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts thereby saved are fully credited to the person, corporation, association, organization, or other entity, undertaking the project. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40.
(g) Definitions As used in this section—
(1) the term “low-rent housing” means rental housing within the financial reach of families of low income consisting of (A) new structures (including household furnishings) suitable for dwelling use by domestic farm labor, and (B) existing structures (including household furnishings) which can be made suitable for dwelling use by domestic farm labor by rehabilitation, alteration, conversion, or improvement;
(2) the terms “related facilities” and “domestic farm labor” shall have the meaning assigned to them in section 1484(f) of this title;
(3) the term “development cost” shall have the meaning assigned to it in section 1485(d)(4) 11 See References in Text note below. of this title;
(4) the term “domestic farm labor” has the meaning given such term in section 1484(f)(3) of this title;
(5) the term “smoke alarm” has the meaning given the term “smoke detector” in section 2225(d) of title 15; and
(6) the term “qualifying smoke alarm” means a smoke alarm that—
(A) in the case of a dwelling unit built before December 29, 2022, and not substantially rehabilitated after December 29, 2022—
(i) (I) is hardwired; or
(II) uses 10-year non rechargeable, nonreplaceable primary batteries and—
(aa) is sealed;
(bb) is tamper resistant; and
(cc) contains silencing means; and
(ii) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or
(B) in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022, is hardwired.
(h) Migrant farmworker housing Notwithstanding the provisions of subsection (a)(3), the Secretary may, upon a finding of persistent need for migrant farmworker housing in any area, provide assistance to eligible applicants for 90 per centum of the development costs of such housing in such area to be used solely by migrant farmworkers while they are away from their residence. Such housing shall be constructed in such a manner as to be safe and weatherproof for the time it is to be occupied, be equipped with potable water and modern sanitation facilities (including a kitchen sink, toilet, and bathing facilities), and meet such other requirements as the Secretary may prescribe.
(i) Farm labor housing The Secretary shall utilize not more than 10 per centum of the amounts available for any fiscal year for purposes of this section for financial assistance to eligible private and public nonprofit agencies to encourage the development of domestic and migrant farm labor housing projects under this subchapter.
(j) Domestic farm labor housing available for other families Housing and related facilities constructed with grants under this section may be used for tenants eligible for occupancy under section 1485 of this title if the Secretary determines that—
(1) there is no longer a need in the area for farm labor housing; or
(2) the need for such housing in the area has diminished to the extent that the purpose of the grant, providing housing for domestic farm labor, can no longer be met.
(k) Housing for rural homeless and migrant farmworkers (1) In general The Secretary may provide financial assistance for providing affordable rental housing and related facilities for migrant farmworkers and homeless individuals (and the families of such individuals) to applicants as provided in this subsection.
(2) Types of assistance (A) In general The Secretary may provide the following assistance for housing under this subsection:
(i) An advance, in an amount not to exceed $400,000, of the cost of acquisition, substantial rehabilitation, or acquisition and rehabilitation of an existing structure or construction of a new structure for use in the provision of housing under this subsection. The repayment of any outstanding debt owed on a loan made to purchase an existing structure shall be considered to be a cost of acquisition eligible for an advance under this subparagraph if the structure was not used for the purposes under this subsection prior to the receipt of assistance.
(ii) A grant, in an amount not to exceed $400,000, for moderate rehabilitation of an existing structure for use in the provision of housing under this subsection.
(iii) Annual payments for operating costs of such housing (without regard to whether the housing is an existing structure), not to exceed 75 percent of the annual operating costs of such housing.
(B) Available assistance A recipient may receive assistance under both clauses (i) and (ii) of subparagraph (A). The Secretary may increase the limit contained in such clauses to $800,000 in areas which the Secretary finds have high acquisition and rehabilitation costs.
(C) Repayment of advance Any advance provided under subparagraph (A)(i) shall be repaid on such terms as may be prescribed by the Secretary when the project ceases to be used as housing in accordance with the provisions of this subsection. Recipients shall be required to repay 100 percent of the advance if the housing is used for purposes under this subsection for fewer than 10 years following initial occupancy. If the housing is used for such purposes for more than 10 years, the percentage of the amount that shall be required to be repaid shall be reduced by 10 percentage points for each year in excess of 10 that the property is so used.
(D) Prevention of undue benefits Upon any sale or other disposition of housing acquired or rehabilitated with assistance under this subsection prior to the close of 20 years after the housing is placed in service, other than a sale or other disposition resulting in the use of the project for the direct benefit of low income persons or where all of the proceeds are used to provide housing for migrant farmworkers and homeless individuals (and the families of such individuals), the recipient shall comply with such terms and conditions as the Secretary may prescribe to prevent the recipient from unduly benefiting from the sale or other disposition of the project.
(3) Program requirements (A) Applications (i) Applications for assistance under this subsection shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish.
(ii) The Secretary shall require that applications contain at a minimum (I) a description of the proposed housing, (II) a description of the size and characteristics of the population that would occupy the housing, (III) a description of any public and private resources that are expected to be made available in connection with the housing, (IV) a description of the housing needs for migrant farmworkers and homeless individuals (and the families of such individuals) in the area to be served by the housing, and (V) assurances satisfactory to the Secretary that the housing assisted will be operated for not less than 10 years for the purpose specified in the application.
(iii) The Secretary shall require that an application furnish reasonable assurances that the housing will be available for occupancy by homeless individuals (and the families of such individuals) only on an emergency and temporary basis during the offseason and shall be otherwise available for occupancy by migrant farmworkers (and their families).
(iv) The Secretary shall require that an application furnish reasonable assurances that the applicant will own or have control of a site for the proposed housing not later than 6 months after notification of an award for grant assistance. An applicant may obtain ownership or control of a suitable site different from the site specified in the application. If an applicant fails to obtain ownership or control of the site within 1 year after notification of an award for grant assistance, the grant shall be recaptured and reallocated.
(B) Selection criteria The Secretary shall establish selection criteria for a national competition for assistance under this subsection, which shall include—
(i) the ability of the applicant to develop and operate the housing;
(ii) the feasibility of the proposal in providing the housing;
(iii) the need for such housing in the area to be served;
(iv) the cost effectiveness of the proposed housing;
(v) the extent to which the project would meet the needs of migrant farmworkers and homeless individuals (and the families of such individuals) in the State;
(vi) the extent to which the applicant has control of the site of the proposed housing; and
(vii) such other factors as the Secretary determines to be appropriate for purposes of this subsection.
(C) Required agreements The Secretary may not approve assistance for any housing under this subsection unless the applicant agrees—
(i) to operate the proposed project as housing for migrant farmworkers and homeless individuals (and the families of such individuals) in compliance with the provisions of this subsection and the application approved by the Secretary;
(ii) to monitor and report to the Secretary on the progress of the housing; and
(iii) to comply with such other terms and conditions as the Secretary may establish for purposes of this subsection.
(D) Occupant rent Each migrant farmworker and homeless individual residing in a facility assisted under this subsection shall pay as rent an amount determined in accordance with the provisions of section 1437a(a) of this title.
(4) Guidelines (A) Regulations Not later than 120 days after November 28, 1990, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this subsection.
(B) Limitation on use of funds No assistance received under this subsection (or any State or local government funds used to supplement such assistance) may be used to replace other public funds previously used, or designated for use, to assist homeless individuals (and the families of such individuals) or migrant farmworkers.
(5) Limitation on administrative expenses No recipient may use more than 5 percent of an advance or grant received under this subsection for administrative purposes.
(6) Omitted
(7) Definitions For purposes of this subsection:
(A) The term “applicant” means a State, political subdivision thereof, Indian tribe, any private nonprofit organization incorporated within the State that has applied for a grant under this subsection.
(B) The term “homeless individual” has the same meaning given the term under section 11302 of this title.
(C) The term “migrant farmworker”—
(i) means any person (and the family of such person) who (I) receives a substantial portion of his or her income from primary production of agricultural or aquacultural commodities, the handling of such commodities in the unprocessed stage, or the processing of such commodities, without respect to the source of employment, and (II) establishes residence in a location on a seasonal or temporary basis, in an attempt to receive an income as described in subclause (I); and
(ii) includes any person (and the family of such person) who is retired or disabled, but who met the requirements of clause (i) at the time of retirement or becoming disabled.
(D) The term “operating costs” means expenses incurred by a recipient providing housing under this subsection with respect to the administration, maintenance, repair, and security of such housing and utilities, fuel, furnishings, and equipment for such housing.
(July 15, 1949, ch. 338, title V, § 516, as added Pub. L. 88560, title V, § 503(a), Sept. 2, 1964, 78 Stat. 796; amended Pub. L. 91609, title VIII, § 801(c), (d), Dec. 31, 1970, 84 Stat. 1806; Pub. L. 95557, title V, § 505, Oct. 31, 1978, 92 Stat. 2112; Pub. L. 96153, title V, § 509, Dec. 21, 1979, 93 Stat. 1136; Pub. L. 96399, title V, § 507(d), Oct. 8, 1980, 94 Stat. 1670; Pub. L. 98181, title I [title V, § 513], Nov. 30, 1983, 97 Stat. 1247; Pub. L. 100242, title III, § 305(b), Feb. 5, 1988, 101 Stat. 1895; Pub. L. 100628, title X, § 1043(b), Nov. 7, 1988, 102 Stat. 3273; Pub. L. 101625, title VII, § 714(a), Nov. 28, 1990, 104 Stat. 4292; Pub. L. 106400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 117328, div. AA, title VI, § 601(f), Dec. 29, 2022, 136 Stat. 5548.)
## Notes
Editorial Notes
References in TextReorganization Plan Numbered 14 of 1950, referred to in subsec. (f), is set out in the Appendix to Title 5, Government Organization and Employees. Section 1485(d)(4) of this title, referred to in subsec. (g)(3), was redesignated section 1485(e)(4) of this title by Pub. L. 100242, title II, § 242(1), Feb. 5, 1988, 101 Stat. 1890.
Codification In subsec. (f), “sections 31413144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a5)” and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)” on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Subsec. (k)(6) of this section, which required the Secretary to submit an annual report to Congress summarizing the activities carried out under subsec. (k) and setting forth the findings, conclusions, and recommendations of the Secretary as a result of the activities, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 18 on page 103 of House Document No. 1037.
Amendments2022—Subsec. (c)(4). Pub. L. 117328, § 601(f)(1), added par. (4). Subsec. (g)(5), (6). Pub. L. 117328, § 601(f)(2), added pars. (5) and (6). 2000—Subsec. (k)(7)(B). Pub. L. 106400 made technical amendment to reference in original act which appears in text as reference to section 11302 of this title. 1990—Subsec. (k). Pub. L. 101625 added subsec. (k). 1988—Subsec. (g)(4). Pub. L. 100242 added par. (4). Subsec. (j). Pub. L. 100628 added subsec. (j). 1983—Subsec. (i). Pub. L. 98181 added subsec. (i). 1980—Subsec. (a). Pub. L. 96399 inserted reference to Indian tribe in provisions preceding par. (1). 1979—Subsec. (h). Pub. L. 96153 added subsec. (h). 1978—Subsec. (e). Pub. L. 95557 inserted “The Secretary shall not give priority for funding under this section to any one of the groups listed in subsection (a) over any of the others so listed”. 1970—Subsec. (a). Pub. L. 91609, § 801(d)(1), authorized financial assistance for broad-based nonprofit organizations incorporated within the State and nonprofit organizations of farmworkers incorporated within the State and provided for low-rent housing and related facilities “(which may be located within the State)”. Subsec. (a)(2). Pub. L. 91609, § 801(d)(2), substituted “10 per centum” for “one-third”. Subsec. (a)(3). Pub. L. 91609, § 801(d)(3), inserted “, and such housing and facilities shall be durable and suitable for year-around occupancy or use, unless the Secretary finds that there is no need for such year-around occupancy or use in that area;”. Subsec. (b). Pub. L. 91609, § 801(d)(4), substituted “90 per centum” for “two-thirds”. Subsec. (g)(1). Pub. L. 91609, § 801(c), substituted “structures (including household furnishings)” for “structures” in cls. (A) and (B).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117328 effective 2 years after Dec. 29, 2022, see section 601(h) of div. AA of Pub. L. 117328, set out as a note under section 1701q of Title 12, Banks and Banking.
Construction of 2022 AmendmentNothing in amendment made by Pub. L. 117328 to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see section 601(i) of div. AA of Pub. L. 117328, set out as a note under section 1701q of Title 12, Banks and Banking.
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---
type: "LegalText"
title: "42 U.S.C. § 1488"
description: "Repealed. Pub. L. 91152, title IV, § 413(e)(3), Dec. 24, 1969, 83 Stat. 399"
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section: "1488"
citation: "42 U.S.C. § 1488"
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---
# 42 U.S.C. § 1488 - Repealed. Pub. L. 91152, title IV, § 413(e)(3), Dec. 24, 1969, 83 Stat. 399
## Notes
Section, act July 15, 1949, ch. 338, title V, § 518, as added Aug. 10, 1965, Pub. L. 89117, title X, § 1003(a), 79 Stat. 500, created the Rural Housing Direct Loan Account, set forth the composition of such Account, and authorized the issuance of notes to the Secretary of the Treasury.
@@ -0,0 +1,41 @@
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---
# 42 U.S.C. § 1489 - Transfer of excess funds out of Rural Housing Insurance Fund
## Text
Any sums in the Rural Housing Insurance Fund which the Secretary determines are in excess of amounts needed to meet the obligations and carry out the purposes of such Fund shall be returned to miscellaneous receipts of the Treasury.
(July 15, 1949, ch. 338, title V, § 519, as added Pub. L. 89117, title X, § 1006, Aug. 10, 1965, 79 Stat. 501; amended Pub. L. 91152, title IV, § 413(e)(4), Dec. 24, 1969, 83 Stat. 399.)
## Notes
Editorial Notes
Amendments1969—Pub. L. 91152 struck out applicability of provisions to Rural Housing Direct Loan Account.
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# 42 U.S.C. § 1490 - “Rural” and “rural area” defined
## Text
As used in this subchapter, the terms “rural” and “rural area” mean any open country, or any place, town, village, or city which is not (except in the cases of Pajaro, in the State of California, and Guadalupe, in the State of Arizona) part of or associated with an urban area and which (1) has a population not in excess of 2,500 inhabitants, or (2) has a population in excess of 2,500 but not in excess of 10,000 if it is rural in character, or (3) has a population in excess of 10,000 but not in excess of 20,000, and (A) is not contained within a standard metropolitan statistical area, and (B) has a serious lack of mortgage credit for lower and moderate-income families, as determined by the Secretary and the Secretary of Housing and Urban Development. For purposes of this subchapter, any area classified as “rural” or a “rural area” prior to October 1, 1990, and determined not to be “rural” or a “rural area” as a result of data received from or after the 1990, 2000, 2010, or 2020 decennial census, and any area deemed to be a “rural area” for purposes of this subchapter under any other provision of law at any time during the period beginning January 1, 2000, and ending December 31, 2020, shall continue to be so classified until the receipt of data from the decennial census in the year 2030, if such area has a population in excess of 10,000 but not in excess of 35,000, is rural in character, and has a serious lack of mortgage credit for lower and moderate-income families. Notwithstanding any other provision of this section, the city of Plainview, Texas, shall be considered a rural area for purposes of this subchapter, and the city of Altus, Oklahoma, shall be considered a rural area for purposes of this subchapter until the receipt of data from the decennial census in the year 2000.
(July 15, 1949, ch. 338, title V, § 520, as added Pub. L. 89117, title X, § 1007, Aug. 10, 1965, 79 Stat. 502; amended Pub. L. 91609, title VIII, § 803(e), Dec. 31, 1970, 84 Stat. 1807; Pub. L. 93383, title V, § 511, Aug. 22, 1974, 88 Stat. 695; Pub. L. 94375, § 25(b), Aug. 3, 1976, 90 Stat. 1078; Pub. L. 98181, title I [title V, § 515], Nov. 30, 1983, 97 Stat. 1247; Pub. L. 98479, title I, § 105(g), Oct. 17, 1984, 98 Stat. 2227; Pub. L. 99120, § 3(b), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99156, § 3(b), Nov. 15, 1985, 99 Stat. 816; Pub. L. 99219, § 3(b), Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99267, § 3(b), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99272, title III, § 3009(b), Apr. 7, 1986, 100 Stat. 105; Pub. L. 99289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100122, § 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100242, title III, § 308, Feb. 5, 1988, 101 Stat. 1896; Pub. L. 101137, § 7(b), Nov. 3, 1989, 103 Stat. 826; Pub. L. 101625, title VII, § 715(a), Nov. 28, 1990, 104 Stat. 4296; Pub. L. 102550, title VII, § 709, Oct. 28, 1992, 106 Stat. 3840; Pub. L. 105276, title V, § 599H(g), Oct. 21, 1998, 112 Stat. 2669; Pub. L. 106554, § 1(a)(4) [div. A, § 102], Dec. 21, 2000, 114 Stat. 2763, 2763A172; Pub. L. 106569, title VII, § 705, Dec. 27, 2000, 114 Stat. 3015; Pub. L. 11379, title VI, § 6208, Feb. 7, 2014, 128 Stat. 861; Pub. L. 115334, title VI, § 6305, Dec. 20, 2018, 132 Stat. 4752.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115334 substituted “2010, or 2020 decennial census” for “or 2010 decennial census”, “December 31, 2020,” for “December 31, 2010,”, and “year 2030” for “year 2020”. 2014—Pub. L. 11379 substituted “1990, 2000, or 2010 decennial census, and any area deemed to be a rural area for purposes of this subchapter under any other provision of law at any time during the period beginning January 1, 2000, and ending December 31, 2010, shall continue to be so classified until the receipt of data from the decennial census in the year 2020” for “1990 or 2000 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2010” and “35,000” for “25,000”. 2000—Pub. L. 106554 and Pub. L. 106569 amended second sentence identically, substituting “1990 or 2000 decennial census” for “1990 decennial census” and “year 2010” for “year 2000”. 1998—Pub. L. 105276 inserted before period at end “, and the city of Altus, Oklahoma, shall be considered a rural area for purposes of this subchapter until the receipt of data from the decennial census in the year 2000”. 1992—Pub. L. 102550 inserted at end “Notwithstanding any other provision of this section, the city of Plainview, Texas, shall be considered a rural area for purposes of this subchapter.” 1990—Pub. L. 101625 substituted “cases” for “case” in first sentence, inserted “, and Guadalupe, in the State of Arizona” after “California”, and substituted last sentence for “For purposes of this subchapter, any area classified as rural or a rural area prior to the receipt of data from or after the 1980 decennial census and determined not to be rural or a rural area as a result of such data shall continue to be so classified through September 30, 1990, if such area has a population in excess of 10,000 but not in excess of 20,000.” 1989—Pub. L. 101137 substituted “September 30, 1990” for “September 30, 1989”. 1988—Pub. L. 100242 added parenthetical exception for Pajaro, in the State of California, and substituted “September 30, 1989” for “March 15, 1988”. 1987—Pub. L. 100200 substituted “March 15, 1988” for “December 16, 1987”. Pub. L. 100179 substituted “December 16, 1987” for “December 2, 1987”. Pub. L. 100170 substituted “December 2, 1987” for “November 15, 1987”. Pub. L. 100154 substituted “November 15, 1987” for “October 31, 1987”. Pub. L. 100122 substituted “October 31, 1987” for “September 30, 1987”. 1986—Pub. L. 99430 substituted “September 30, 1987” for “September 30, 1986”. Pub. L. 99345 substituted “September 30, 1986” for “June 6, 1986”. Pub. L. 99289 substituted “June 6, 1986” for “April 30, 1986”. Pub. L. 99272 directed amendment identical to Pub. L. 99219, substituting “March 17, 1986” for “December 15, 1985”. Pub. L. 99267 substituted “April 30, 1986” for “March 17, 1986”. 1985—Pub. L. 99219 substituted “March 17, 1986” for “December 15, 1985”. Pub. L. 99156 substituted “December 15, 1985” for “November 14, 1985”. Pub. L. 99120 substituted “November 14, 1985” for “the end of fiscal year 1985”. 1984—Pub. L. 98479 substituted “1985” for “1984”. 1983—Pub. L. 98181 inserted provisions relating to applicability of this subchapter through fiscal year 1984 to areas classified pursuant to 1980 decennial census. 1976—Cl. (3)(B). Pub. L. 94375 inserted “for lower and moderate-income families” after “has a serious lack of mortgage credit”. 1974—Cl. (3). Pub. L. 93383 added cl. (3). 1970—Pub. L. 91609 substituted as upper population limit “10,000” for “5,500”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPub. L. 101625, title VII, § 715(b), Nov. 28, 1990, 104 Stat. 4296, provided that: “The amendment made by this section [amending this section] shall apply with respect to classification of rural areas for fiscal year 1991 and any fiscal year thereafter.”
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# 42 U.S.C. § 1490b - Housing for rural trainees
## Text
(a) Authorization; financial and technical assistance; selection of training sites and location of housing Upon the application of any State or political subdivision thereof, or any public or private nonprofit organization, the Secretary is authorized, after consultation with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, and the Director of the Office of Economic Opportunity, and after the Secretary determines that the housing and related facilities cannot reasonably be provided in any other way, to provide financial and technical assistance for the establishment, in rural areas, of housing and related facilities for trainees and their families who are residents of a rural area and have a rural background, while such trainees are enrolled and participating in training courses designed to improve their employment capability. The selection of training sites and location of housing shall be made with due regard to the economic viability of the area, and only after consideration of a labor area survey and full coordination among all Government agencies having primary responsibility for administering related programs.
(b) Quality of housing and related facilities; design and location Housing and related facilities assisted under this section shall be safe and sanitary, constructed in the most economical manner, and of modest design, giving due consideration to the purposes to be served and the needs of the occupants, and may, in the discretion of the Secretary, include mobile family quarters. Design and location shall be such as to facilitate, as feasible, the use of such housing and related facilities for other purposes when no longer needed for the primary purpose.
(c) Contribution of land by applicant The applicant shall contribute the necessary land, or funds to acquire such land, from its own resources, including land acquired by donation or from funds repayable under subsection (e) or borrowed from other sources.
(d) Conditions precedent to grant of financial assistance No financial assistance shall be made available under this section unless, to the extent and for the periods required by the Secretary, the applicant agrees that—
(1) such housing will be maintained at all times in a safe and sanitary condition in accordance with standards prescribed by State or local law, or, in the absence of such standards, with requirements prescribed by the Secretary;
(2) priority shall be given at all times, in granting occupancy of such housing and facilities, to the trainees and their families described in subsection (a); and
(3) rentals charged them shall not exceed amounts approved by the Secretary after considering the portion of the actual total family income which the family can afford to pay for rent while meeting its other immediate needs during occupancy.
(e) Advances; repayment; limitation on amount The Secretary may make advances pursuant to any contract for financial assistance under this section at such times and in such manner as may be specified in the contract. Such advances for the purchase of land shall be repayable with interest and within a period not to exceed thirty-three years and may be made upon such security, if any, as the Secretary requires. Advances for other purposes may be made repayable with or without interest or nonrepayable, as determined by the Secretary on the basis of the anticipated income, and cost of operation of the housing and related facilities and the ability of each applicant to finance such facilities. Any advances shall be limited to cover the capital costs of constructing such facilities, plus interest on borrowings to cover such costs.
(f) Sale of housing and related facilities to ineligible transferee or diversion to use other than primary purpose; repayment of advances; return of property to original condition Should housing and related facilities assisted pursuant to a contract under this section be sold to an ineligible transferee or diverted to a use other than its primary purpose within a period specified in the contract, all advances made under such contract shall be repaid to the Secretary, up to the amount of the sales price or the fair value of the property as determined by the Secretary, whichever is higher, with interest from the date of the sale or diversion. If no suitable alternate use of the property is available, as determined by the Secretary, after the purpose of this section can no longer be served, the property shall be returned to its original condition by the recipient of the assistance.
(g) Interest on advances Interest charged on advances made under this section shall be at a rate, prescribed by the Secretary, which shall be not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 per centum, less not to exceed the difference between the adjusted rate determined by the Secretary of the Treasury and 1 per centum per annum, as determined by the Secretary.
(h) Regulations The Secretary shall prescribe regulations to insure that Federal funds expended under this section are not wasted or dissipated.
(i) “Related facilities” and “trainee” defined As used in this section (1) the term “related facilities” shall include any necessary community rooms or buildings, infirmaries, utilities, access roads, water and sewer services, and the minimum fixed or movable equipment determined by the Secretary to be necessary to make the housing reasonably habitable by trainees and their families; and (2) the term “trainee” means any person receiving training under any federally assisted training program.
(j) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section.
(July 15, 1949, ch. 338, title V, § 522, as added Pub. L. 90448, title X, § 1002, Aug. 1, 1968, 82 Stat. 551; amended Pub. L. 98479, title II, § 201(c), Oct. 17, 1984, 98 Stat. 2228; Pub. L. 100242, title III, § 316(e), Feb. 5, 1988, 101 Stat. 1898.)
## Notes
Editorial Notes
Amendments1988—Subsec. (a). Pub. L. 100242 substituted “Secretary of Health and Human Services” for “Secretary of Health, and Human Services”. 1984—Subsec. (a). Pub. L. 98479 substituted “Health, and Human Services” for “Health, Education, and Welfare”.
Statutory Notes and Related Subsidiaries
Office of Economic OpportunityPub. L. 93644, § 9(a), Jan. 4, 1975, 88 Stat. 2310 [42 U.S.C. 2941], amended the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] to create the Community Services Administration, an independent agency in the executive branch, as the successor authority to the Office of Economic Opportunity, and provided that references to the Office of Economic Opportunity or to its Director were deemed to refer to the Community Services Administration or to its Director. The Community Services Administration was terminated when the Economic Opportunity Act of 1964, except for titles VIII and X, was repealed, effective Oct. 1, 1981, by section 683(a) of Pub. L. 9735, title VI, Aug. 13, 1981, 95 Stat. 519 (42 U.S.C. 9912(a)). An Office of Community Services, headed by a Director, was established in the Department of Health and Human Services by section 676 of Pub. L. 9735 (42 U.S.C. 9905).
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# 42 U.S.C. § 1490d - Loans to nonprofit organizations to provide building sites for eligible families, nonprofit organizations, public agencies, and cooperatives; interest rates; factors determinative in making loan
## Text
(a) (1) In general.— The Secretary may make loans, on such terms and conditions and in such amounts he deems necessary, to public or private nonprofit organizations and to Indian tribes for the acquisition and development of land as building sites to be subdivided and sold to families, nonprofit organizations, public agencies, and cooperatives eligible for assistance under any section of this subchapter or under any other law which provides financial assistance for housing low- and moderate-income families. Such a loan shall bear interest at a rate prescribed by the Secretary taking into consideration a rate determined annually by the Secretary of the Treasury as the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 per centum, and shall be repaid within a period not to exceed five years from the making of the loan or within such additional period as may be authorized by the Secretary in any case as being necessary to carry out the purposes of this section.
(2) Revolving funds.— The Secretary may make grants to nonprofit housing agencies to establish revolving loan funds for the acquisition and preparation of building sites for low-income housing. Any proceeds and repayments from such loans shall be returned to the revolving loan fund to be used for purposes related to this section. Loan funds and interest payments shall be used solely for the acquisition of land; the preparation of land for building sites; the payment of reimbursable legal and technical costs; and technical assistance and administrative costs, not to exceed 10 percent of the fund.
(b) In determining whether to extend financial assistance under this section, the Secretary shall take into consideration, among other factors, (1) the suitability of the area to the types of dwellings which can feasibly be provided, and (2) the extent to which the assistance will (i) facilitate providing needed decent, safe, and sanitary housing, (ii) be utilized efficiently and expeditiously, and (iii) fulfill a need in the area which is not otherwise being met through other programs, including those being carried out by other Federal, State, or local agencies.
(July 15, 1949, ch. 338, title V, § 524, as added Pub. L. 91152, title IV, § 413(f)(1), Dec. 24, 1969, 83 Stat. 399; amended Pub. L. 93383, title V, § 513, Aug. 22, 1974, 88 Stat. 696; Pub. L. 96399, title V, § 507(f), Oct. 8, 1980, 94 Stat. 1670; Pub. L. 102550, title VII, § 715, Oct. 28, 1992, 106 Stat. 3842; Pub. L. 11842, div. B, title VII, § 761, Mar. 9, 2024, 138 Stat. 115.)
## Notes
Editorial Notes
Amendments2024—Subsec. (a)(1). Pub. L. 11842 substituted “five years” for “two years”. 1992—Subsec. (a). Pub. L. 102550 designated existing provisions as par. (1), inserted par. heading, and added par. (2). 1980—Subsec. (a). Pub. L. 96399 inserted reference to Indian tribes. 1974—Subsec. (a). Pub. L. 93383 provided for applicability to public agencies and substituted “any section of this subchapter or under any other law which provides financial assistance for housing low- and moderate-income families” for “section 1715z or 1715z1 of title 12 or section 1490a of this title”.
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# 42 U.S.C. § 1490e - Programs of technical and supervisory assistance for low-income individuals and families in rural areas
## Text
(a) Grants or contracts with public or private nonprofit corporations, etc., for assistance; preferential treatment of applications sponsored by governmental entity or public body The Secretary may make grants to or enter into contracts with public or private nonprofit corporations, agencies, institutions, organizations, Indian tribes, and other associations approved by him, to pay part or all of the cost of developing, conducting, administering or coordinating effective and comprehensive programs of technical and supervisory assistance which will aid needy low-income individuals and families in benefiting from Federal, State, and local housing programs in rural areas. In processing applications for such grants or contracts made by private nonprofit corporations, agencies, institutions, organizations, and other associations, the Secretary shall give preference to those which are sponsored (including assistance to the applicant in processing the application, implementing the technical assistance program, and carrying out the obligations of the grant or contract) by a State, county, municipality, or other governmental entity or public body.
(b) Loans to public or private nonprofit corporations, etc., for necessary planning and financing expenses; interest rates; factors determinative of amount; terms and conditions of repayment The Secretary is authorized to make loans to public or private nonprofit corporations, agencies, institutions, organizations, Indian tribes, and other associations approved by him for the necessary expenses, prior to construction, of planning, and obtaining financing for, the rehabilitation or construction of housing for low-income individuals or families under any Federal, State, or local housing program which is or could be used in rural areas. Such loans shall be made without interest and shall be for the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing prior to the availability of financing, including but not limited to preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, and construction loan fees and discounts. The Secretary shall require repayment of loans made under this subsection, under such terms and conditions as he may require, upon completion of the housing or sooner.
(c) Repealed. Pub. L. 98181, title I [title V, § 518(b)], Nov. 30, 1983, 97 Stat. 1249
(d) Deposit of appropriated funds into low-income sponsor fund; availability; administration of fund as revolving fund; deposit of repayments All funds appropriated for the purpose of subsection (b) shall be deposited in a fund which shall be known as the low-income sponsor fund, and which shall be available without fiscal year limitation and be administered by the Secretary as a revolving fund for carrying out the purposes of that subsection. Sums received in repayment of loans made under subsection (b) shall be deposited in such fund.
(July 15, 1949, ch. 338, title V, § 525, as added Pub. L. 93383, title V, § 515, Aug. 22, 1974, 88 Stat. 697; amended Pub. L. 95557, title V, § 501(i), Oct. 31, 1978, 92 Stat. 2111; Pub. L. 96399, title V, § 507(g), Oct. 8, 1980, 94 Stat. 1670; Pub. L. 98181, title I [title V, § 518], Nov. 30, 1983, 97 Stat. 1249.)
## Notes
Editorial Notes
Amendments1983—Subsec. (b). Pub. L. 98181, § 518(a), struck out provisions setting forth conditions under which any part or all of the loan is subject to cancellation. Subsec. (c). Pub. L. 98181, § 518(b), struck out subsec. (c), which related to authorization of appropriations for fiscal years ending June 30, 1975, June 30, 1976, and Sept. 30, 1979, and availability of amounts. 1980—Subsecs. (a), (b). Pub. L. 96399 inserted references to Indian tribes. 1978—Subsec. (c). Pub. L. 95557 inserted “There are also authorized to be appropriated for the fiscal year ending September 30, 1979, not to exceed $5,000,000 for the purposes of subsection (a) of this section and not to exceed $5,000,000 for the purposes of subsection (b) of this section.”
Statutory Notes and Related Subsidiaries
Housing Assistance CouncilPub. L. 110234, title VI, subtitle D, May 22, 2008, 122 Stat. 1210, and Pub. L. 110246, § 4(a), title VI, subtitle D, June 18, 2008, 122 Stat. 1664, 1972, as amended by Pub. L. 113188, title IX, § 901(f), Nov. 26, 2014, 128 Stat. 2020, provided that: “SEC. 6301. SHORT TITLE.“This subtitle may be cited as the Housing Assistance Council Authorization Act of 2008. “SEC. 6302. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.“(a) Use.—The Secretary of Housing and Urban Development may provide financial assistance to the Housing Assistance Council for use by the Council to develop the ability and capacity of community-based housing development organizations to undertake community development and affordable housing projects and programs in rural areas. Assistance provided by the Secretary under this section may be used by the Housing Assistance Council for—“(1) technical assistance, training, support, research, and advice to develop the business and administrative capabilities of rural community-based housing development organizations; “(2) loans, grants, or other financial assistance to rural community-based housing development organizations to carry out community development and affordable housing activities for low- and moderate-income families; and “(3) such other activities as may be determined by the Secretary of Housing and Urban Development and the Housing Assistance Council. “(b) Authorization of Appropriations.—There is authorized to be appropriated for financial assistance under this section for the Housing Assistance Council $10,000,000 for each of fiscal years 2009 through 2011. “SEC. 6303. AUDITS AND REPORTS.“(a) Audit.—“(1) In general.—The financial transactions and activities of the Housing Assistance Council shall be audited annually by an independent certified public accountant or an independent licensed public accountant certified or licensed by a regulatory authority of a State or other political subdivision of the United States. “(2) Requirements of audits.—The Comptroller General of the United States may rely on any audit completed under paragraph (1), if the audit complies with—“(A) the annual programmatic and financial examination requirements established in OMB Circular A-133; and “(B) generally accepted government auditing standards. “(b) GAO Report.—The Comptroller General of the United States shall conduct a study and submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representative on the use of any funds appropriated to the Housing Assistance Council over the past 7 years. “SEC. 6304. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES.“Aliens who are not lawfully present in the United States shall be ineligible for financial assistance under this subtitle, as provided and defined by section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a). Nothing in this subtitle shall be construed to alter the restrictions or definitions in such section 214. “SEC. 6305. LIMITATION ON USE OF AUTHORIZED AMOUNTS.“None of the amounts authorized by this subtitle may be used to lobby or retain a lobbyist for the purpose of influencing a Federal, State, or local governmental entity or officer.” [Pub. L. 110234 and Pub. L. 110246 enacted identical provisions. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.]
@@ -0,0 +1,47 @@
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# 42 U.S.C. § 1490f - Loans and insurance of loans for condominium housing in rural areas
## Text
(a) Individual loans and insurance of loans to low or moderate income persons or families for purchase of units; terms and conditions The Secretary is authorized, upon such terms and conditions (substantially identical insofar as may be feasible with those specified in section 1472 of this title) as he may prescribe, to make loans to persons and families of low or moderate income, and to insure and make commitments to insure loans made to persons and families of low or moderate income, to assist them in purchasing dwelling units in condominiums located in rural areas.
(b) Scope of individual loans and insurance of loans; condominium requirements Any loan made or insured under subsection (a) shall cover a one-family dwelling unit in a condominium, and shall be subject to such provisions as the Secretary determines to be necessary for the maintenance of the common areas and facilities of the condominium project and to such additional requirements as the Secretary deems appropriate for the protection of the consumer.
(c) Blanket loans and insurance of loans; terms and conditions; certification by borrower of future ownership of multifamily project; maximum amount of principal obligation In addition to individual loans made or insured under subsection (a) the Secretary is authorized, upon such terms and conditions (substantially identical insofar as may be feasible with those specified in section 1485 of this title) as he may prescribe, to make or insure blanket loans to a borrower who shall certify to the Secretary, as a condition of obtaining such loan or insurance, that upon completion of the multifamily project the ownership of the project will be committed to a plan of family unit ownership under which (1) each family unit will be eligible for a loan or insurance under subsection (a), and (2) the individual dwelling units in the project will be sold only on a condominium basis and only to purchasers eligible for a loan or insurance under subsection (a). The principal obligation of any blanket loan made or insured under this subsection shall in no case exceed the sum of the individual amounts of the loans which could be made or insured with respect to the individual dwelling units in the project under subsection (a).
(d) “Condominium” defined As used in this section, the term “condominium” means a multi-unit housing project which is subject to a plan of family unit ownership acceptable to the Secretary under which each dwelling unit is individually owned and each such owner holds an undivided interest in the common areas and facilities which serve the project.
(July 15, 1949, ch. 338, title V, § 526, as added Pub. L. 93383, title V, § 516(a), Aug. 22, 1974, 88 Stat. 698; amended Pub. L. 98181, title I [title V, § 519(a)], Nov. 30, 1983, 97 Stat. 1249; Pub. L. 100242, title III, § 316(f), Feb. 5, 1988, 101 Stat. 1898.)
## Notes
Editorial Notes
Amendments1988—Subsecs. (a), (c). Pub. L. 100242 struck out “and” after “is authorized,”. 1983—Subsecs. (a), (c). Pub. L. 98181 struck out “in his discretion” after “Secretary is authorized,”.
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# 42 U.S.C. § 1490g - Repealed. Pub. L. 98181, title I [title V, § 503(c)], Nov. 30, 1983, 97 Stat. 1241
## Notes
Section, act July 15, 1949, ch. 338, title V, § 527, as added Aug. 22, 1974, Pub. L. 93383, title V, § 518, 88 Stat. 699, defined “housing” as including mobile homes and mobile home sites, and authorized the Secretary to prescribe property standards for mobile homes financed under this subchapter.
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# 42 U.S.C. § 1490h - Taxation of property held by Secretary
## Text
All property subject to a lien held by the United States or the title to which is acquired or held by the Secretary under this subchapter other than property used for administrative purposes shall be subject to taxation by a State, Commonwealth, territory, possession, district, and local political subdivisions in the same manner and to the same extent as other property is taxed: Provided, That no tax shall be imposed or collected on or with respect to any instrument if the tax is based on—
(1) the value of any notes or mortgages or other lien instruments held by or transferred to the Secretary;
(2) any notes or lien instruments administered under this subchapter which are made, assigned, or held by a person otherwise liable for such tax; or
(3) the value of any property conveyed or transferred to the Secretary, whether as a tax on the instrument, the privilege of conveying or transferring, or the recordation thereof; nor shall the failure to pay or collect any such tax be a ground for refusal to record or file such instruments, or for failure to impart notice, or prevent the enforcement of its provisions in any State or Federal court.
(July 15, 1949, ch. 338, title V, § 528, as added Pub. L. 95128, title V, § 512(a), Oct. 12, 1977, 91 Stat. 1142; amended Pub. L. 98479, title II, § 204(c)(3), Oct. 17, 1984, 98 Stat. 2233.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98479 substituted “property held by Secretary” for “Farmers Home Administration-held property” in section catchline.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 95128, title V, § 512(c), Oct. 12, 1977, 91 Stat. 1142, provided that: “The amendment made by subsection (a) [enacting this section] shall become effective as of January 1, 1977.”
Refund of Tax Payments Prior to October 12, 1977, Barred; Federal Officers or Employees Not Liable for Such PaymentsPub. L. 95128, title V, § 512(b), Oct. 12, 1977, 91 Stat. 1142, provided that: “Notwithstanding any other provision of law, no State, Commonwealth, territory, possession, district, or local political subdivision which has received, prior to the date of enactment of this Act [Oct. 12, 1977], tax payments from the Department of Agriculture based on property held by the Farmers Home Administration shall be liable for, or be obligated to refund, the amount of any such payment, which, if it had been made after the date of enactment of this Act, would have been authorized by the provisions of section 528 of the Housing Act of 1949 [this section], and no officer or employee of the United States shall incur or be under any liability by reason of having made or authorized any such payments.”
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# 42 U.S.C. § 1490i - Repealed. Pub. L. 98181, title I [title V, § 506(b)], Nov. 30, 1983, 97 Stat. 1242
## Notes
Section, act July 15, 1949, ch. 338, title V, § 529, as added Nov. 9, 1978, Pub. L. 95619, title II, § 252(b), 92 Stat. 3236, required the Secretary of Agriculture to promote the use of energy saving techniques through the establishment of minimum property standards for newly constructed residential housing.
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# 42 U.S.C. § 1490j - Conditions on rent increases in projects receiving assistance under other provisions of law
## Text
The Secretary may not approve any increase in rental payments, with respect to units in which the tenants are paying rentals in excess of 30 per centum of their incomes, in any project which is assisted under section 1484, 1485, or 1487 of this title and under section 1490a(a)(1)(B) of this title unless the project owner is receiving, or has applied for (within the most recent period of 180 days prior to the effective date of such increase), assistance payments with respect to such project under section 1490a(a)(2)(A) or 1490a(a)(5) of this title or section 1437f of this title.
(July 15, 1949, ch. 338, title V, § 530, as added Pub. L. 96399, title V, § 509, Oct. 8, 1980, 94 Stat. 1670; amended Pub. L. 98181, title I [title V, § 517(d)], Nov. 30, 1983, 97 Stat. 1248; Pub. L. 105276, title V, § 599C(e)(2)(G), Oct. 21, 1998, 112 Stat. 2663.)
## Notes
Editorial Notes
Amendments1998—Pub. L. 105276 substituted “assistance payments with respect to such project under section 1490a(a)(2)(A) or 1490a(a)(5) of this title” for “rental assistance payments with respect to such project under section 1490a(a)(2)(A) of this title”. 1983—Pub. L. 98181 substituted “30 per centum” for “25 per centum”.
Statutory Notes and Related Subsidiaries
Effective Date of 1983 AmendmentAmendment by Pub. L. 98181 effective six months after Nov. 30, 1983, or upon the earlier promulgation of implementing regulations, see section 517(f) of Pub. L. 98181, set out as a note under section 1490a of this title.
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# 42 U.S.C. § 1490k - FHA insurance
## Text
The Secretary is authorized to act as an agent of the Secretary of Housing and Urban Development to recommend insurance of any mortgage meeting the requirements of section 1709 of title 12.
(July 15, 1949, ch. 338, title V, § 531, as added Pub. L. 98181, title I [title V, § 520], Nov. 30, 1983, 97 Stat. 1249.)
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# 42 U.S.C. § 1490l - Processing of applications
## Text
(a) Priority Except as otherwise provided in subsection (c), the Secretary shall, in making assistance available under this subchapter, give a priority to applications submitted by—
(1) persons and families that have the greatest housing assistance needs because of their low income and their residing in inadequate dwellings;
(2) applicants applying for assistance for projects that will serve such persons and families; and
(3) applicants residing in areas which are the most rural in character.
(b) Preliminary reservation of assistance at time of initial approval of project In making available the assistance authorized by section 1483 of this title and section 1490a(a) of this title with respect to projects involving insured and guaranteed loans and interest credits and rental assistance payments, the Secretary shall process and approve requests for such assistance in a manner that provides for a preliminary reservation of assistance at the time of initial approval of the project.
(c) Prioritization of section 1485 housing assistance (1) In general The Secretary shall make assistance under section 1485 of this title available pursuant to an objective procedure established by the Secretary, under which the Secretary shall identify counties and communities having the greatest need for such assistance and designate such counties and communities to receive such assistance.
(2) Objective measures The Secretary shall use the following objective measures to determine the need for rental housing assistance under paragraph (1):
(A) The incidence of poverty.
(B) The lack of affordable housing and the existence of substandard housing.
(C) The lack of mortgage credit.
(D) The rural characteristics of the location.
(E) Other factors as determined by the Secretary, demonstrating the need for affordable housing.
(3) Information In administering this subsection, the Secretary shall use information from the most recent decennial census of the United States, relevant comprehensive affordable housing strategies under section 12705 of this title, and other reliable sources obtained by the Secretary which demonstrate the need for affordable housing in rural areas.
(4) Designation A designation under this subsection shall not be effective for a period of more than 3 years, but may be renewed by the Secretary in accordance with the procedure set forth in this subsection. The Secretary shall take such other reasonable actions as the Secretary considers to be appropriate to notify the public of such designations.
(July 15, 1949, ch. 338, title V, § 532, as added Pub. L. 98181, title I [title V, § 521], Nov. 30, 1983, 97 Stat. 1250; amended Pub. L. 104180, title VII, § 734(f), Aug. 6, 1996, 110 Stat. 1604.)
## Notes
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104180, § 734(f)(1), substituted “Except as otherwise provided in subsection (c), the Secretary” for “The Secretary” in introductory provisions. Subsec. (c). Pub. L. 104180, § 734(f)(2), added subsec. (c).
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# 42 U.S.C. § 1490m - Housing preservation grants
## Text
(a) Statement of purposes The purpose of this section is to authorize the Secretary to make grants to eligible grantees including private nonprofit organizations, Indian tribes, general units of local government, counties, States, and consortia of other eligible grantees, in order to—
(1) rehabilitate or replace single family housing in rural areas which is owned by low- and very low-income persons and families, and
(2) rehabilitate or replace rental properties or cooperative housing which has a membership resale structure that enables the cooperative to maintain affordability for persons of low income in rural areas serving low- and very low-income occupants.
The Secretary may also provide tenant-based assistance as provided under section 1437f of this title or section 1490r of this title upon the request of grantees in order to minimize the displacement of very low-income tenants residing in units rehabilitated or replaced with assistance under this section.
(b) Mandatory program requirements Preservation programs assisted under this section shall—
(1) be used to provide loans or grants to owners of single family housing in order to cover the cost of repairs and improvements;
(2) be used to provide loans or grants, not to exceed $15,000 per unit, to owners of single family housing to replace existing housing if repair or rehabilitation of the housing is determined by the Secretary not to be practicable and the owner of the housing is unable to afford a loan under section 1472 of this title for replacement housing;
(3) be used to provide interest reduction payment;
(4) be used to provide loans or grants to owners of rental housing, except that rental rehabilitation or replacement assistance provided under this subsection for any structure shall not exceed 75 per centum of the total costs associated with the rehabilitation or replacement of that structure;
(5) be used to provide other comparable assistance that the Secretary deems appropriate to carry out the purpose of this section, designed to reduce the costs of such repair, rehabilitation, and replacement in order to make such housing affordable by persons of low income and, to the extent feasible, by persons and families whose incomes do not exceed 50 per centum of the area median income;
(6) benefit low- and very low-income persons and families in rural areas, without causing the displacement of current residents; and
(7) raise health and safety conditions to meet those specified in section 1479(a) of this title.
(c) Allocation formula; transfer of funds; maximum amounts (1) The Secretary shall allocate grant funds under this section for use in each State on the basis of a formula contained in a regulation prescribed by the Secretary using the average of the ratios between—
(A) the population of the rural areas in that State and the population of the rural areas of all States;
(B) the extent of poverty in the rural areas in that State and the extent of poverty in the rural areas of all States; and
(C) the extent of substandard housing in the rural areas of that State and the extent of substandard housing in the rural areas of all States.
Any funds which are allocated to a State but uncommitted to grantees will be transferred to the State office of the Farmers Home Administration in a timely manner and be used for authorized rehabilitation activities under section 1474 of this title. Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent provided in appropriations Acts, for use as housing preservation grants in ensuing fiscal years.
(2) Unless there is only one eligible grantee in a State, a single grantee may not receive more than 50 per centum of a States allocation.
(d) Statement of activity by grantee; submission; contents; availability; consultations; evaluation by Secretary; criteria applicable; maximum amounts (1) Eligible grantees may submit a statement of activity to the Secretary at the time specified by the program administrator, containing a description of its proposed preservation program. The statement shall consist of the activities each entity proposes to undertake for the fiscal year, and the projected progress in carrying out those activities. The statement of activities shall be made available to the public for comment.
(2) In preparing such statement, the grantee shall consult with and consider the views of appropriate local officials.
(3) The Secretary shall evaluate the merits of each statement on the basis of such criteria as the Secretary shall prescribe, including the extent—
(A) to which the repair, rehabilitation, and replacement activities will assist persons of low income who lack adequate shelter, with priority given to applications assisting the maximum number of persons and families whose incomes do not exceed 50 per centum of the area median income;
(B) to which the repair, rehabilitation, and replacement activities include the participation of other public or private organizations in providing assistance, in addition to the assistance provided under this section, in order to lower the costs of such activities or provide for the leveraging of available funds to supplement the rural housing preservation grant program;
(C) to which such activities will be undertaken in rural areas having populations below 10,000 or in remote parts of other rural areas;
(D) to which the repair, rehabilitation, and replacement activities may be expected to result in achieving the greatest degree of repair or improvement for the least cost per unit or dwelling;
(E) to which the program would minimize displacement;
(F) to which the program would alleviate overcrowding in rural residences inhabited by low- and very low-income persons and families;
(G) to which the program would minimize the use of grant funds for administrative purposes; and
(H) to which the owner agrees to meet the requirement of subsection (e)(1)(B)(iv) for a period longer than 5 years;
and shall assess the demonstrated capacity of the grantee to carry out the program as well as the financial feasibility of the program.
(4) The amount of assistance provided under this section with respect to any housing shall be the least amount that the Secretary determines is necessary to provide, through the repair and rehabilitation, or replacement, of such housing, decent housing of modest design that is affordable for persons of low income.
(5) A grantee may use housing preservation grant funds under this section for replacement housing only after providing documentation to the Secretary that—
(A) the existing housing is in such poor condition that rehabilitation is not economically feasible;
(B) the owner of the housing lacks the income or repayment ability necessary to qualify for a loan under section 1472 of this title; and
(C) the grantee will extend assistance to the owner of the housing under terms that the owner can afford.
(e) Limitations on assistance; failure to implement required agreement (1) Assistance under this section may be provided with respect to rental or cooperative housing only if—
(A) the owner has entered into such agreements with the Secretary as may be necessary to assure compliance with the requirements of this section, to assure the financial feasibility of such housing, and to carry out the other provisions of this section;
(B) the owner agrees—
(i) to pass on to the tenants any reduction in the debt service payments resulting from the assistance provided under this section;
(ii) not to convert the units to condominium ownership (or in the case of a cooperative, to condominium ownership or any form of cooperative ownership not eligible for assistance under this section);
(iii) not to refuse to rent a dwelling unit in the structure to a family solely because the family is receiving or is eligible to receive assistance under any Federal, State, or local housing assistance program; and
(iv) that the units repaired and rehabilitated with such assistance will be occupied, or available for occupancy, by persons of low income;
during the 5-year period beginning on the date on which the units in the housing are available for occupancy;
(C) the unit of general local government or nonprofit organization that receives the assistance certifies to the satisfaction of the Secretary that the assistance will be made available in conformity with Public Law 88352 [42 U.S.C. 2000a et seq.] and Public Law 90284;
(D) the owner agrees to enter into and abide by written leases with the tenants, which leases shall provide that tenants may be evicted only for good cause; and
(E) the unit of general local government or nonprofit organization will agree to supervise repairs and rehabilitation and will agree to have a disinterested party inspect such repairs and rehabilitation.
(2) Assistance under this section provided with respect to any housing other than rental or cooperative housing may be provided only if the owner complies with the requirements set forth in subparagraph (E) of paragraph (1) and any other requirements established by the Secretary to carry out the purpose of this section.
(3) (A) The Secretary shall provide that if the owner or his or her successors in interest fail to carry out the agreements described in subparagraphs (A) and (B) of paragraph (1) during the applicable period, the owner or his or her successors in interest shall make a payment to the Secretary of an amount that equals the total amount of assistance provided under this section with respect to such housing, plus interest thereon (without compounding), for each year and any fraction thereof that the assistance was outstanding, at a rate determined by the Secretary taking into account the average yield on outstanding marketable long-term obligations of the United States during the month preceding the date on which the assistance was made available.
(B) Notwithstanding any other provision of law, any assistance provided under this section shall constitute a debt, which is payable in the case of any failure to carry out the agreements described in subparagraphs (A), (B), and (C) of paragraph (1), and shall be secured by the security instruments provided by the owner to the Secretary.
(f) Advance payments of assistance The Secretary shall provide for such advance payments of assistance under this section as the Secretary determines is necessary to effectively carry out the provisions of this section.
(g) Annual review and audit by Secretary of activities; adjustment, etc., of resources; reallocation of amounts The Secretary shall, at least on an annual basis, make such review and audits as may be necessary or appropriate to determine whether the grantee has carried out its activities in a timely manner and in accordance with the requirements of this section, the degree to which the activities assisted benefitted low income families or persons and very low-income families or persons who lacked adequate housing, and whether the grantee has a continuing capacity to carry out the activities in a timely manner. The Secretary may adjust, reduce, or withdraw resources made available to grantees receiving assistance under this section, or take other action as appropriate in accordance with the findings of these reviews and audits. Any amounts which become available as a result of actions under this subsection shall be reallocated as housing preservation grants to such grantee or grantees as the Secretary may determine.
(h) Rules and regulations; delegation of authority (1) The Secretary is authorized to prescribe such rules and regulations and make such delegations of authority as he deems necessary to carry out this section within 90 days after November 30, 1983.
(2) The Secretary shall, not later than the expiration of the 30-day period following February 5, 1988, issue regulations to carry out the program of grants under subsection (a)(2).
(i) National historic preservation objectives affected by rehabilitation activities; establishment of procedures for determining consonant purposes and measures The Secretary shall establish procedures which support national historic preservation objectives and which assure that, if any rehabilitation proposed to be assisted under this section would affect property that is included or is eligible for inclusion on the National Register of Historic Places, such activity shall not be undertaken unless (1) it will reasonably meet the standards for rehabilitation issued by the Secretary of the Interior and the appropriate State historic preservation officer is afforded the opportunity to comment on the specific rehabilitation plan, or (2) the Advisory Council on Historic Preservation is afforded an opportunity to comment on cases for which the recipient of assistance, in consultation with the State historic preservation officer, determines that the proposed rehabilitation activity cannot reasonably meet such standards or would adversely affect historic property as defined therein.
(July 15, 1949, ch. 338, title V, § 533, as added Pub. L. 98181, title I [title V, § 522], Nov. 30, 1983, 97 Stat. 1250; amended Pub. L. 100242, title III, §§ 310, 316(g), Feb. 5, 1988, 101 Stat. 1896, 1898; Pub. L. 101625, title VII, § 717, Nov. 28, 1990, 104 Stat. 4296; Pub. L. 102550, title VII, §§ 706(1), 711, Oct. 28, 1992, 106 Stat. 3835, 3840; Pub. L. 105276, title V, § 550(e), Oct. 21, 1998, 112 Stat. 2610; Pub. L. 105362, title I, § 101(h), Nov. 10, 1998, 112 Stat. 3281.)
## Notes
Editorial Notes
References in TextPublic Law 88352, referred to in subsec. (e)(1)(C), is Pub. L. 88352, July 2, 1964, 78 Stat. 241, known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX (§ 2000a et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. Public Law 90284, referred to in subsec. (e)(1)(C), is Pub. L. 90284, Apr. 11, 1968, 82 Stat. 73, known as the Civil Rights Act of 1968. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.
Amendments1998—Subsec. (a). Pub. L. 105276 substituted “tenant-based assistance as provided under section 1437f of this title” for “assistance payments as provided by section 1437f(o) of this title” in concluding provisions. Subsec. (j). Pub. L. 105362 struck out subsec. (j) which read as follows: “Not later than 180 days after the close of each fiscal year in which assistance under this section is furnished, the Secretary shall submit to the Congress a report which shall contain— “(1) a description of the progress made in accomplishing the objectives of this section; and “(2) a summary of the use of such funds during the preceding year. The Secretary shall require grantees under this section to submit to him such reports, and other information as may be necessary in order for the Secretary to make the report required by this subsection.” 1992—Subsec. (a). Pub. L. 102550, §§ 706(1), 711(1)(B), in concluding provisions, inserted reference to section 1490r of this title and “or replaced” after “rehabilitated”. Subsec. (a)(1), (2). Pub. L. 102550, § 711(1)(A), inserted “or replace” after “rehabilitate”. Subsec. (b). Pub. L. 102550, § 711(2)(A), substituted “Preservation programs” for “Rehabilitation programs” in introductory provisions. Subsec. (b)(2). Pub. L. 102550, § 711(2)(E), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 102550, § 711(2)(D), redesignated par. (2) as (3). Former par. (3) redesignated (4). Pub. L. 102550, § 711(2)(B), inserted “or replacement” after “rehabilitation” in two places. Subsec. (b)(4). Pub. L. 102550, § 711(2)(D), redesignated par. (3) as (4). Former par. (4) redesignated (5). Pub. L. 102550, § 711(2)(C), substituted “repair, rehabilitation, and replacement” for “repair and rehabilitation”. Subsec. (b)(5) to (7). Pub. L. 102550, § 711(2)(D), redesignated pars. (4) to (6) as (5) to (7), respectively. Subsec. (c)(1). Pub. L. 102550, § 711(3), substituted “grant funds under this section” for “rehabilitation grant funds” in introductory provisions. Subsec. (d)(1). Pub. L. 102550, § 711(4)(A), substituted “preservation program” for “rehabilitation program”. Subsec. (d)(3)(A), (B), (D). Pub. L. 102550, § 711(4)(B), substituted “repair, rehabilitation, and replacement” for “repair and rehabilitation”. Subsec. (d)(4). Pub. L. 102550, § 711(4)(C), inserted “, or replacement,” after “rehabilitation”. Subsec. (d)(5). Pub. L. 102550, § 711(4)(D), added par. (5). 1990—Subsec. (c)(1). Pub. L. 101625, § 717(a), inserted at end “Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent provided in appropriations Acts, for use as housing preservation grants in ensuing fiscal years.” Subsec. (g). Pub. L. 101625, § 717(b), substituted last sentence for “Any amounts which became available as a result of actions under this subsection shall be reallocated in the year in which they become available to such grantee or grantees as the Secretary may determine.” 1988—Subsec. (e)(1)(B)(iii). Pub. L. 100242, § 316(g)(1), inserted “to” before “refuse”. Subsec. (g). Pub. L. 100242, § 316(g)(2), substituted “low income families or persons and very low-income families or persons” for “persons of low income and very low-income”. Subsec. (h). Pub. L. 100242, § 310, designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105276, set out as a note under section 1437 of this title.
Rural Rental Rehabilitation DemonstrationPub. L. 100242, title III, § 311, Feb. 5, 1988, 101 Stat. 1896, as amended by Pub. L. 100628, title X, § 1044, Nov. 7, 1988, 102 Stat. 3273; Pub. L. 101137, § 7(d), Nov. 3, 1989, 103 Stat. 826; Pub. L. 101144, title II, Nov. 9, 1989, 103 Stat. 846; Pub. L. 105362, title VII, § 701(f), Nov. 10, 1998, 112 Stat. 3287, directed Secretary of Housing and Urban Development to carry out a rural rental rehabilitation demonstration program, provided funding for program, and terminated authority for such program after Sept. 30, 1991.
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# 42 U.S.C. § 1490n - Review of rules and regulations
## Text
(a) Publication for public comment in Federal Register Notwithstanding any other provision of law, no rule or regulation pursuant to this subchapter may become effective unless it has first been published for public comment in the Federal Register for at least 60 days, and published in final form for at least 30 days.
(b) Transmittal to Congressional committee members prior to publication in Federal Register The Secretary shall transmit to the chairman and ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House, all rules and regulations at least 15 days before they are sent to the Federal Register for purposes of subsection (a).
(c) Rules and regulations issued on emergency basis The provisions of this section shall not apply to a rule or regulation which the Secretary certifies is issued on an emergency basis.
(d) Regulatory authority The Secretary shall include with each rule or regulation required to be transmitted to the Committees under this section a detailed summary of all changes required by the Office of Management and Budget that prohibit, modify, postpone, or disapprove such rule or regulation in whole or part.
(July 15, 1949, ch. 338, title V, § 534, as added Pub. L. 98181, title I [title V, § 523], Nov. 30, 1983, 97 Stat. 1254; amended Pub. L. 100242, title V, § 563(b), Feb. 5, 1988, 101 Stat. 1944.)
## Notes
Editorial Notes
Amendments1988—Subsec. (d). Pub. L. 100242 added subsec. (d).
Statutory Notes and Related Subsidiaries
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. 10414, 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.
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# 42 U.S.C. § 1490o - Reciprocity in approval of housing subdivisions among Federal agencies
## Text
(a) Administrative approval of housing subdivisions The Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Secretary of Veterans Affairs shall each accept an administrative approval of any housing subdivision made by any of the others so that not later than January 1, 1984, there is total reciprocity for housing subdivision approvals among the agencies which they head.
(b) Certificates of reasonable value for one or more properties as constituting administrative approval of subdivision For purposes of complying with subsection (a), the Secretary of Housing and Urban Development shall consider the issuance by the Secretary of Veterans Affairs of a certificate of reasonable value for 1 or more properties in a subdivision to be an administrative approval for the entire subdivision. This subsection shall not apply after September 30, 1994.
(c) Report to Congress Before the expiration of the period referred to in subsection (b), the Secretary of Housing and Urban Development shall report to the Congress on housing subdivision approval policies and practices, if any, of the Departments of Housing and Urban Development and Agriculture and the Department of Veterans Affairs. The report shall focus on the administration of environmental laws in connection with any such policies and practices, and shall recommend any statutory, regulatory, and administrative changes needed to achieve total reciprocity for such housing subdivision approvals. The Secretary of Housing and Urban Development shall consult with the foregoing agencies, and such other agencies as the Secretary selects, in preparing the report.
(d) Approval by local, county, or State agencies For loans made under this subchapter, the Secretary may accept subdivisions that have been approved by local, county, or State agencies.
(July 15, 1949, ch. 338, title V, § 535, as added Pub. L. 98181, title I [title V, § 523], Nov. 30, 1983, 97 Stat. 1254; amended Pub. L. 100628, title X, § 1067, Nov. 7, 1988, 102 Stat. 3276; Pub. L. 101235, title III, § 303, Dec. 15, 1989, 103 Stat. 2044; Pub. L. 101625, title VII, § 718(a), Nov. 28, 1990, 104 Stat. 4297; Pub. L. 10254, § 13(q)(5), June 13, 1991, 105 Stat. 280; Pub. L. 102550, title VII, § 716(a), (c), Oct. 28, 1992, 106 Stat. 3842; Pub. L. 103120, § 8(a), Oct. 27, 1993, 107 Stat. 1151.)
## Notes
Editorial Notes
Amendments1993—Subsec. (b). Pub. L. 103120 substituted “September 30, 1994” for “June 15, 1993”. 1992—Subsec. (b). Pub. L. 102550, § 716(a), inserted last sentence and struck out former last sentence which read as follows: “This subsection shall not apply after the expiration of the 18-month period beginning on December 15, 1989.” Subsec. (d). Pub. L. 102550, § 716(c), added subsec. (d). 1991—Subsecs. (a), (b). Pub. L. 10254, § 13(q)(5)(A), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs”. Subsec. (c). Pub. L. 10254, § 13(q)(5)(B), substituted “Department of Veterans Affairs” for “Veterans Administration”. 1990—Subsec. (b). Pub. L. 101625 substituted “18-month period” for “6-month period”. 1989—Subsec. (b). Pub. L. 101235 substituted “6-month period beginning on December 15, 1989” for “1-year period beginning on November 7, 1988”. 1988—Pub. L. 100628 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Retroactivity of Approval of Housing Subdivisions Among Federal AgenciesPub. L. 103120, § 8(b), Oct. 27, 1993, 107 Stat. 1151, provided that: “An administrative approval of a housing subdivision made after June 15, 1993, and before the date of the enactment of this Act [Oct. 27, 1993] is approved and shall be considered to have been lawfully made, but only if otherwise made in accordance with the provisions of section 535(b) of the Housing Act of 1949 [42 U.S.C. 1490o(b)].” Pub. L. 102550, title VII, § 716(b), Oct. 28, 1992, 106 Stat. 3842, provided that: “Any administrative approval of any housing subdivision made after the expiration of the 18-month period beginning on the date of the enactment of the Department of Housing and Urban Development Reform Act of 1989 [Dec. 15, 1989] and before the date of the enactment of this Act [Oct. 28, 1992] is approved and shall be considered to have been lawfully made, but only if otherwise made in accordance with the provisions of section 535(b) of the Housing Act of 1949 [42 U.S.C. 1490o(b)].” Pub. L. 101625, title VII, § 718(b), Nov. 28, 1990, 104 Stat. 4297, provided that: “Any administrative approval of any housing subdivision made after the expiration of the 6-month period beginning on the date of the enactment of the Department of Housing and Urban Development Reform Act of 1989 [Dec. 15, 1989] and before the date of the enactment of this Act [Nov. 28, 1990] is hereby approved and shall be considered to have been lawfully made, but only if otherwise made in accordance with the provisions of section 535(b) of the Housing Act of 1949 [42 U.S.C. 1490o(b)].”
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# 42 U.S.C. § 1490p1 - Office of Rural Housing Preservation
## Text
(a) Establishment There is established within the Farmers Home Administration an Office of Rental Housing Preservation (hereafter in this section referred to as the “Office”). The Office shall be headed by a Director designated by the Secretary of Agriculture.
(b) Purposes The purposes of the Office are:
(1) to review and process applications under section 1472(c) of this title and section 1485(t) of this title related to the preservation of rural rental housing;
(2) to provide technical or financial assistance to any other projects needing such assistance;
(3) to coordinate and direct all other activities related to the preservation of rural housing; and
(4) to monitor compliance of projects prepaid or receiving incentives under the Housing Act of 1949.
(July 15, 1949, ch. 338, title V, § 537, as added Pub. L. 102550, title VII, § 712(c), Oct. 28, 1992, 106 Stat. 3841.)
## Notes
Editorial Notes
References in TextThe Housing Act of 1949, referred to in subsec. (b)(4), is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified principally to this chapter (§ 1441 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.
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# 42 U.S.C. § 1490p2 - Loan guarantees for multifamily rental housing in rural areas
## Text
(a) Authority The Secretary may make commitments to guarantee eligible loans for the development costs of eligible housing and related facilities, and may guarantee such eligible loans, in accordance with this section.
(b) Extent of guarantee A guarantee made under this section shall guarantee repayment of an amount not exceeding the total of the amount of the unpaid principal and interest of the loan for which the guarantee is made. The liability of the United States under any guarantee under this section shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the obligation.
(c) Eligible borrowers A loan guaranteed under this section may be made to a nonprofit organization, an agency or body of any State government or political subdivision thereof, an Indian tribe, or a private entity.
(d) Eligible housing A loan may be guaranteed under this section only if the loan is used for the development costs of housing and related facilities (as such terms are defined in section 1485(e) of this title) that—
(1) consists of 5 or more adequate dwellings;
(2) is available for occupancy only by low or moderate income 11 So in original. Probably should be “low- or moderate-income”. families or persons, whose incomes at the time of initial occupancy do not exceed 115 percent of the median income of the area, as determined by the Secretary;
(3) will remain available as provided in paragraph (2), according to such binding commitments as the Secretary may require, for the period of the original term of the loan guaranteed, unless the housing is acquired by foreclosure (or instrument in lieu of foreclosure) or the Secretary waives the applicability of such requirement for the loan only after determining, based on objective information, that—
(A) there is no longer a need for low- and moderate-income housing in the market area in which the housing is located;
(B) housing opportunities for low-income households and minorities will not be reduced as a result of the waiver; and
(C) additional Federal assistance will not be necessary as a result of the waiver; and
(4) is located in a rural area.
(e) Eligible lenders (1) Requirement A loan may be guaranteed under this section only if the loan is made by a lender that the Secretary determines—
(A) meets the qualifications, and has been approved by the Secretary of Housing and Urban Development, to make loans for multifamily housing that are to be insured under the National Housing Act [12 U.S.C. 1701 et seq.];
(B) meets the qualifications, and has been approved by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, to make loans for multifamily housing that are to be sold to such corporations; or
(C) meets any qualifications that the Secretary may, by regulation, establish for participation of lenders in the loan guarantee program under this section.
(2) Eligibility list and annual audit The Secretary shall establish a list of eligible lenders and shall annually conduct an audit of each lender included in the list for purposes of determining whether such lender continues to be an eligible lender.
(f) Loan terms Each loan guaranteed pursuant to this section shall—
(1) be made for a period of not less than 25 nor greater than 40 years from the date the loan was made and may provide for amortization of the loan over a period of not to exceed 40 years with a final payment of the balance due at the end of the loan term;
(2) involve a rate of interest agreed upon by the borrower and the lender that does not exceed the maximum allowable rate established by the Secretary for purposes of this section and is fixed over the term of the loan;
(3) involve a principal obligation (including initial service charges, appraisal, inspection, and other fees as the Secretary may approve) not to exceed—
(A) in the case of a borrower that is a nonprofit organization or an agency or body of any State or local government, 97 percent of the development costs of the housing and related facilities or the value of the housing and facilities, whichever is less;
(B) in the case of a borrower that is a for-profit entity not referred to in subparagraph (A), 90 percent of the development costs of the housing and related facilities or the value of the housing and facilities, whichever is less; and
(C) in the case of any borrower, for such part of the property as may be attributable to dwelling use, the applicable maximum per unit dollar amount limitations under section 207(c) of the National Housing Act [12 U.S.C. 1713(c)];
(4) be secured by a first mortgage on the housing and related facilities for which the loan is made, or otherwise, as the Secretary may determine necessary to ensure repayment of the obligation; and
(5) for at least 20 percent of the loans made under this section, the Secretary shall provide the borrower with assistance in the form of credits pursuant to section 1490a(a)(1)(B) of this title to the extent necessary to reduce the rate of interest under paragraph (2) to the applicable Federal rate, as such term is used in section 42(i)(2)(D) 22 See References in Text note below. of title 26.
(g) Guarantee fee At the time of issuance of a loan guaranteed under this section, the Secretary may collect from the lender a fee equal to not more than 1 percent of the principal obligation of the loan.
(h) Authority for lenders to issue certificates of guarantee The Secretary may authorize certain eligible lenders to determine whether a loan meets the requirements for guarantee under this section and, subject to the availability of authority to enter into guarantees under this section, execute a firm commitment for a guarantee binding upon the Secretary and issue a certificate of guarantee evidencing a guarantee, without review and approval by the Secretary of the specific loan. The Secretary may establish standards for approving eligible lenders for a delegation of authority under this subsection.
(i) Payment under guarantee (1) Notice of default In the event of default by the borrower on a loan guaranteed under this section, the holder of the guarantee certificate for the loan shall provide written notice of the default to the Secretary.
(2) Foreclosure After receiving notice under paragraph (1) and providing written notice of action under this paragraph to the Secretary, the holder of the guarantee certificate for the loan may initiate foreclosure proceedings for the loan in a court of competent jurisdiction, in accordance with regulations issued by the Secretary, to obtain possession of the security property. After the court issues a final order authorizing foreclosure on the property, the holder of the certificate shall be entitled to payment by the Secretary under the guarantee (in the amount provided under subsection (b)) upon (A) submission to the Secretary of a claim for payment under the guarantee, and (B) assignment to the Secretary of all the claims of the holder of the guarantee against the borrower or others arising out of the loan transaction or foreclosure proceedings, except claims released with the consent of the Secretary.
(3) Assignment by Secretary After receiving notice under paragraph (1), the Secretary may accept assignment of the loan if the Secretary determines that the assignment is in the best interests of the United States. Assignment of a loan under this paragraph shall include conveyance to the Secretary of title to the security property, assignment to the Secretary of all rights and interests arising under the loan, and assignment to the Secretary of all claims against the borrower or others arising out of the loan transaction. Upon assignment of a loan under this paragraph, the holder of a guarantee certificate for the loan shall be entitled to payment by the Secretary under the guarantee (in the amount provided under subsection (b)).
(4) Requirements Before any payment under a guarantee is made under paragraph (2) or (3), the holder of the guarantee certificate shall exhaust all reasonable possibilities of collection on the loan guaranteed. Upon payment, in whole or in part, to the holder, the note or judgment evidencing the debt shall be assigned to the United States and the holder shall have no further claim against the borrower or the United States. The Secretary shall then take such action to collect as the Secretary determines appropriate.
(j) Violation of guarantee requirements by lenders issuing guarantees (1) Indemnification If the Secretary determines that a loan guaranteed by an eligible lender pursuant to delegation of authority under subsection (h) was not originated in accordance with the requirements under this section and the Secretary pays a claim under the guarantee for the loan, the Secretary may require the eligible lender authorized under subsection (h) to issue the guarantee certificate for the loan—
(A) to indemnify the Secretary for the loss, if the payment under the guarantee was made within a reasonable period specified by the Secretary; or
(B) to indemnify the Secretary for the loss regardless of when payment under the guarantee was made, if the Secretary determines that fraud or misrepresentation was involved in connection with the origination of the loan.
(2) Termination of authority to issue guarantees The Secretary may cancel a delegation of authority under subsection (h) to an eligible lender if the Secretary determines that the lender has violated the requirements and procedures for guaranteed loans under this section or for other good cause. Any such cancellation shall be made by giving notice to the eligible lender and shall take effect upon receipt of the notice by the mortgagee or at a later date, as the Secretary may provide. A decision by the Secretary to cancel a delegation shall be final and conclusive and shall not be subject to judicial review.
(k) Refinancing Any loan guaranteed under this section may be refinanced and extended in accordance with terms and conditions that the Secretary shall prescribe, but in no event for an additional amount or term that exceeds the limitations under subsection (f).
(l) Geographical targeting (1) Study The Secretary shall provide for an independent entity to conduct a study to determine the extent to which borrowers in the United States will utilize loan guarantees under this section, the rural areas in the United States in which borrowers can best utilize and most need loans guaranteed under this section, and the rural areas in the United States in which housing of the type eligible for a loan guarantee under this section is most needed by low- and moderate-income families. The Secretary shall require the independent entity conducting the study to submit a report to the Secretary and to the Congress describing the results of the study not later than the expiration of the 90-day period beginning on March 28, 1996.
(2) Targeting In providing loan guarantees under this section, the Secretary shall establish standards to target and give priority to rural areas in which borrowers can best utilize and most need loans guaranteed under this section, as determined by the Secretary based on the results of the study under paragraph (1) and any other information the Secretary considers appropriate.
(m) Inapplicability of credit-elsewhere test Section 1471(c) of this title shall not apply to guarantees, or loans guaranteed, under this section.
(n) Tenant protections The Secretary shall establish standards for the treatment of tenants of housing developed using amounts from a loan guaranteed under this section, which shall incorporate, to the extent applicable, existing standards applicable to tenants of housing developed with loans made under section 1485 of this title. Such standards shall include standards for fair housing and equal opportunity, lease and grievance procedures, and tenant appeals of adverse actions.
(o) Housing standards The standards established under section 1485(m) of this title for housing and related facilities assisted under section 1485 of this title shall apply to housing and related facilities the development costs of which are financed in whole or in part with a loan guaranteed under this section.
(p) Limitation on commitments to guarantee loans (1) Requirement of appropriations for cost subsidy The authority of the Secretary to enter into commitments to guarantee loans under this section, and to guarantee loans, shall be effective for each fiscal year only to the extent that appropriations of budget authority to cover the costs (as such term is defined in section 661a of title 2) of the guarantees are made in advance for such fiscal year.
(2) Annual limitation on amount of loan guarantee In each fiscal year, the Secretary may enter into commitments to guarantee loans under this section only to the extent that the costs of the guarantees entered into in such fiscal year do not exceed such amount as may be provided in appropriation Acts for such fiscal year.
(q) Report (1) In general The Secretary shall submit a report to the Congress, not later than the expiration of the 2-year period beginning on March 28, 1996, describing the program under this section for guaranteeing loans.
(2) Contents The report shall—
(A) describe the types of borrowers providing housing with loans guaranteed under this section, the areas served by the housing provided and the geographical distribution of the housing, the levels of income of the residents of the housing, the number of dwelling units provided, the extent to which borrowers under such loans have obtained other financial assistance for development costs of housing provided with the loans, and the extent to which borrowers under such loans have used low-income housing tax credits provided under section 42 of title 26 in connection with the housing provided with the loans;
(B) analyze the financial viability of the housing provided with loans guaranteed under this section and the need for project-based rental assistance for such housing;
(C) include any recommendations of the Secretary for expanding or improving the program under this section for guaranteeing loans; and
(D) include any other information regarding the program for guaranteeing loans under this section that the Secretary considers appropriate.
(r) Definitions For purposes of this section, the following definitions shall apply:
(1) The term “development cost” has the meaning given the term in section 1485(e) of this title.
(2) The term “eligible lender” means a lender determined by the Secretary to meet the requirements of subparagraph (A), (B), (C), or (D) of subsection (e)(1).
(3) The terms “housing” and “related facilities” have the meanings given such terms in section 1485(e) of this title.
(4) Indian tribe.— The term “Indian tribe” means—
(A) any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation, as defined by or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.); 2 or
(B) any entity established by the governing body of an Indian tribe described in subparagraph (A) for the purpose of financing economic development.
(s) Authorization of appropriations There are authorized to be appropriated for each fiscal year for costs (as such term is defined in section 661a of title 2) of loan guarantees made under this section such sums as may be necessary for such fiscal year to provide guarantees under this section for eligible loans having an aggregate principal amount of $500,000,000.
(t) Tax-exempt financing The Secretary may not deny a guarantee under this section on the basis that the interest on the loan or on an obligation supporting the loan for which a guarantee is sought is exempt from inclusion in gross income for purposes of chapter I 33 So in original. Probably should be chapter “1”. of title 26.
(u) Fee authority Any amounts collected by the Secretary pursuant to the fees charged to lenders for loan guarantees issued under this section shall be used to offset costs (as defined by section 661a of title 2) of loan guarantees made under this section.
(v) Defaults of loans secured by reservation lands In the event of a default involving a loan to an Indian tribe or tribal corporation made under this section which is secured by an interest in land within such tribes reservation (as determined by the Secretary of the Interior), including a community in Alaska incorporated by the Secretary of the Interior pursuant to the Indian Reorganization Act (25 U.S.C. 461 et seq.),2 the lender shall only pursue liquidation after offering to transfer the account to an eligible tribal member, the tribe, or the Indian housing authority serving the tribe. If the lender subsequently proceeds to liquidate the account, the lender shall not sell, transfer, or otherwise dispose of or alienate the property except to one of the entities described in the preceding sentence.
(July 15, 1949, ch. 338, title V, § 538, as added and amended Pub. L. 104120, § 5, Mar. 28, 1996, 110 Stat. 835; Pub. L. 10586, title VII, § 735(c), Nov. 18, 1997, 111 Stat. 2111; Pub. L. 105276, title V, § 599C(c), Oct. 21, 1998, 112 Stat. 2661; Pub. L. 106569, title VII, § 707, Dec. 27, 2000, 114 Stat. 3015.)
## Notes
Editorial Notes
References in TextThe National Housing Act, referred to in subsec. (e)(1)(A), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables. Subpar. (D) of section 42(i)(2) of title 26, referred to in subsec. (f)(5), was repealed by Pub. L. 110289, div. C, title I, § 3002(b)(2)(C), July 30, 2008, 122 Stat. 2880. The Alaska Native Claims Settlement Act, referred to in subsec. (r)(4)(A), is Pub. L. 92203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), referred to in subsec. (r)(4)(A), probably means the Indian Self-Determination and Education Assistance Act, Pub. L. 93638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. The Indian Reorganization Act (25 U.S.C. 461 et seq.), referred to in subsec. (v), is act June 18, 1934, ch. 576, 48 Stat. 984, which was classified generally to subchapter V (§ 461 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 45 (§ 5101 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of Title 25 and Tables.
Codification Section is based on section 5(a) of H.R. 1691, One Hundred Fourth Congress, as passed by the House of Representatives on Oct. 30, 1995, which was enacted into law by Pub. L. 104120.
Amendments2000—Subsec. (c). Pub. L. 106569, § 707(1), inserted “an Indian tribe,” after “political subdivision thereof,”. Subsec. (f)(1). Pub. L. 106569, § 707(2), added par. (1) and struck out former par. (1) which read as follows: “provide for complete amortization by periodic payments to be made for a term not to exceed 40 years;”. Subsec. (i)(2). Pub. L. 106569, § 707(3), substituted “(A) submission to the Secretary of a claim for payment under the guarantee, and (B) assignment” for “(A) conveyance to the Secretary of title to the security property, (B) submission to the Secretary of a claim for payment under the guarantee, and (C) assignment”. Subsec. (l). Pub. L. 106569, § 707(6), (7), redesignated subsec. (m) as (l) and struck out heading and text of former subsec. (l). Text read as follows: “The borrower under a loan that is guaranteed under this section and under which any portion of the principal obligation or interest remains outstanding may not be relieved of liability with respect to the loan, notwithstanding the transfer of property for which the loan was made.” Subsecs. (m) to (r). Pub. L. 106569, § 707(7), redesignated subsecs. (n) to (s) as (m) to (r), respectively. Former subsec. (m) redesignated (l). Subsec. (s). Pub. L. 106569, § 707(7), redesignated subsec. (t) as (s). Former subsec. (s) redesignated (r). Subsec. (s)(4). Pub. L. 106569, § 707(4), added par. (4). Subsec. (t). Pub. L. 106569, § 707(7), redesignated subsec. (u) as (t). Former subsec. (t) redesignated (s). Pub. L. 106569, § 707(5), inserted before period at end “to provide guarantees under this section for eligible loans having an aggregate principal amount of $500,000,000”. Subsec. (u). Pub. L. 106569, § 707(8), added subsec. (u). Former subsec. (u) redesignated (t). Subsec. (v). Pub. L. 106569, § 707(8), added subsec. (v). 1998—Subsec. (t). Pub. L. 105276, § 599C(c)(1), substituted “each fiscal year” for “fiscal year 1998”. Subsec. (u). Pub. L. 105276, § 599C(c)(2), added subsec. (u) and struck out heading and text of former subsec. (u). Text read as follows: “A loan may not be guaranteed under this section after September 30, 1998.” 1997—Subsec. (q)(2). Pub. L. 10586, § 735(c)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “In fiscal year 1996, the Secretary may enter into commitments to guarantee loans under this section only to the extent that the costs of the guarantees entered into in such fiscal year do not exceed $1,000,000.” Subsec. (t). Pub. L. 10586, § 735(c)(2), added subsec. (t) and struck out text of former subsec. (t). Text read as follows: “There is authorized to be appropriated for fiscal year 1996 $1,000,000 for costs (as such term is defined in section 661a of title 2) of loan guarantees made under this section.” Subsec. (u). Pub. L. 10586, § 735(c)(3), substituted “1998” for “1996”. 1996—Subsecs. (m)(1), (r)(1). Pub. L. 104120, § 5(b), made technical amendment to reference in original act which appears in text as reference to March 28, 1996.
Statutory Notes and Related Subsidiaries
Effective DateSection to be construed to have become effective Oct. 1, 1995, see section 13(a) of Pub. L. 104120, set out as an Effective and Termination Dates of 1996 Amendments note under section 1437d of this title.
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# 42 U.S.C. § 1490p - Accountability
## Text
(a) Notice regarding assistance (1) Publication of notice of availability The Secretary shall publish in the Federal Register notice of the availability of any assistance under any program or discretionary fund administered by the Secretary under this subchapter.
(2) Publication of application procedures The Secretary shall publish in the Federal Register a description of the form and procedures by which application for the assistance may be made, and any deadlines relating to the award or allocation of the assistance. Such description shall be sufficient to enable any eligible applicant to apply for such assistance.
(3) Publication of selection criteria Not less than 30 days before any deadline by which applications or requests for assistance under any program or discretionary fund administered by the Secretary must be submitted, the Secretary shall publish in the Federal Register the criteria by which selection for the assistance will be made. Such criteria shall include any objective measures of housing need, project merit, or efficient use of resources that the Secretary determines are appropriate and consistent with the statute under which the assistance is made available.
(4) Documentation of decisions (A) The Secretary shall award or allocate assistance only in response to a written application in a form approved in advance by the Secretary, except where other award or allocation procedures are specified in statute.
(B) The Secretary shall ensure that documentation and other information regarding each application for assistance is sufficient to indicate the basis on which any award or allocation was made or denied. The preceding sentence shall apply to—
(i) any application for an award or allocation of assistance made by the Secretary to a State, unit of general local government, or other recipient of assistance, and
(ii) any application for a subsequent award or allocation of such assistance by such State, unit of general local government or other recipient.
(C) The Secretary shall ensure that each application and all related documentation and other information referred to in subparagraph (B) is readily available for public inspection for a period of not less than 10 years, beginning not less than 30 days following the date on which the award or allocation is made.
(5) Emergency exception The Secretary may waive the requirements of paragraphs (1), (2), and (3) if the Secretary determines that the waiver is required for adequate response to an emergency. Not less than 30 days after providing a waiver under the preceding sentence, the Secretary shall publish in the Federal Register the Secretarys reasons for so doing.
(b) Disclosures by applicants The Secretary shall require the disclosure of information with respect to any application for assistance under this subchapter submitted by any applicant who has received or, in the determination of the Secretary, can reasonably be expected to receive assistance under this subchapter in excess of $200,000 in the aggregate during any fiscal year. Such information shall include the following:
(1) Other government assistance Information regarding any related assistance from the Federal Government, a State, or a unit of general local government, or any agency or instrumentality thereof, that is expected to be made available with respect to the project or activities for which the applicant is seeking assistance under this subchapter. Such related assistance shall include but not be limited to any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect assistance.
(2) Interested parties The name and pecuniary interest of any person who has a pecuniary interest in the project or activities for which the applicant is seeking assistance. Persons with a pecuniary interest in the project or activity shall include but not be limited to any developers, contractors, and consultants involved in the application for assistance under this subchapter or the planning, development, or implementation of the project or activity. For purposes of this paragraph, residency of an individual in housing for which assistance is being sought shall not, by itself, be considered a pecuniary interest.
(3) Expected sources and uses A report satisfactory to the Secretary of the expected sources and uses of funds that are to be made available for the project or activity.
(c) Updating of disclosure During the period when an application is pending or assistance is being provided, the applicant shall update the disclosure required under the previous subsection within 30 days of any substantial change.
(d) Repealed. Pub. L. 10465, § 11(b)(2), Dec. 19, 1995, 109 Stat. 701
(e) Remedies and penalties (1) Administrative remedies If the Secretary receives or obtains information providing a reasonable basis to believe that a violation of subsection (b), (c), or (d) this 11 So in original. Probably should be “of this”. section has occurred, the Secretary shall—
(A) in the case of a selection that has not been made, determine whether to terminate the selection process or take other appropriate actions; and
(B) in the case of a selection that has been made, determine whether to—
(i) void or rescind the selection, subject to review and determination on the record after opportunity for a hearing;
(ii) impose sanctions upon the violator, including debarment, subject to review and determination on the record after opportunity for a hearing;
(iii) recapture any funds that have been disbursed;
(iv) permit the violating applicant selected to continue to participate in the program; or
(v) take any other actions that the Secretary considers appropriate.
The Secretary shall publish in the Federal Register a descriptive statement of each determination made and action taken under this paragraph.
(2) Civil penalties Whoever violates any section 22 So in original. Probably should be “subsection”. of this section shall be subject to the imposition of a civil penalty in a civil action brought by the United States in an appropriate district court of the United States. A civil penalty under this paragraph may not exceed—
(A) $100,000 in the case of an individual; or
(B) $1,000,000 in the case of an applicant other than an individual.
(3) Deposit of penalties in insurance funds Notwithstanding any other provision of law, all civil money penalties collected under this section shall be deposited in the Rural Housing Insurance Fund.
(4) Nonexclusiveness of remedies This subsection may not be construed to limit the applicability of any requirements, sanctions, penalties, or remedies established under any other law. The Secretary shall not be relieved of any obligation to carry out the requirements of this section because such other requirements, sanctions, penalties, or remedies apply.
(f) Limitation of assistance The Secretary shall certify that assistance provided by the Secretary to any housing project shall not be more than is necessary to provide affordable housing after taking account of assistance from all Federal, State, and local sources. The Secretary shall adjust the amount of assistance provided to an applicant to compensate for any changes reported under subsection (c).
(g) Regulations Not less than 180 days following December 15, 1989, the Secretary shall promulgate regulations to implement this section.
(h) “Assistance” defined For purposes of this section, the term “assistance” means any housing grant, loan, guarantee, insurance, rebate, subsidy, tax credit benefit, or other form of direct or indirect assistance, for the original construction or development of the project.
(i) Report by Secretary The Secretary shall submit to the Congress, not later than 180 days following December 15, 1989, a report describing actions taken to carry out this section, including actions to inform and educate officers and employees of the Department of Agriculture regarding the provisions of this section.
(July 15, 1949, ch. 338, title V, § 536, as added Pub. L. 101235, title IV, § 401(a), Dec. 15, 1989, 103 Stat. 2045; amended Pub. L. 101625, title VII, § 719(a), Nov. 28, 1990, 104 Stat. 4297; Pub. L. 10465, § 11(b)(2), Dec. 19, 1995, 109 Stat. 701.)
## Notes
Editorial Notes
Codification December 15, 1989, referred to in subsec. (g), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 101235, which enacted this section, to reflect the probable intent of Congress.
Amendments1995—Subsec. (d). Pub. L. 10465 struck out subsec. (d) which related to regulation of lobbyists and consultants. 1990—Subsec. (h). Pub. L. 101625 inserted before period at end “, for the original construction or development of the project”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 10465 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 10465, set out as an Effective Date note under section 1601 of Title 2, The Congress.
Effective DatePub. L. 101235, title IV, § 401(b), Dec. 15, 1989, 103 Stat. 2048, provided that: “Section 536 of the Housing Act of 1949 [this section], as added by subsection (a), shall take effect on the effective date of regulations implementing such section.”
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# 42 U.S.C. § 1490q - Disaster assistance
## Text
(a) Authority (1) In general Notwithstanding any other provision of this subchapter, in the event of a natural disaster, so declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.], the Secretary shall allocate, for assistance under this section to the States affected for use in the counties designated as disaster areas and the counties contiguous to such counties, amounts made available to the Secretary by an appropriations Act for such purpose. Allocations under this section may be made for each of the fiscal years ending during the 3-year period beginning on the declaration of the disaster by the President.
(2) Amount Subject to the availability of amounts pursuant to appropriations Acts, assistance under paragraph (1) shall be made in an amount equal to the product of—
(A) the sum of the official State estimate of the number of dwelling units in the counties described in paragraph (1) within the eligible service area of the Farmers Home Administration (or otherwise if the Secretary provides for a waiver under subsection (d)) that are destroyed or seriously damaged; and
(B) 20 percent of the average cost of all dwelling units assisted by the Secretary in the State during the previous 3 years.
(b) Use The assistance made available under this section may be used for the housing purposes authorized under this subchapter, and the Secretary shall issue such regulations as may be necessary to carry out this section to assure the prompt and expeditious use of such funds for the restoration of decent, safe, and sanitary housing within the areas described in subsection (a)(1). In implementing this section, the Secretary shall evaluate the natural hazards to which any permanent replacement housing is exposed and shall take appropriate action to mitigate such hazards.
(c) Eligibility Notwithstanding any other provision of this subchapter, assistance allocated under this section shall be available to units of general local government and their agencies and to local nonprofit organizations, agencies, and corporations for the construction or rehabilitation of housing for agricultural employees and their families.
(d) Waiver of rural area requirements The Secretary may waive the application of the provisions of section 1490 of this title with respect to assistance under this section, as the Secretary considers appropriate.
(e) Rural Housing Insurance Fund The Secretary is authorized to advance from the Rural Housing Insurance Fund such sums as may be necessary to meet the requirements of subsection (a)(1), subject to limits previously approved in appropriations Acts.
(July 15, 1949, ch. 338, title V, § 541, as added Pub. L. 101625, title IX, § 934, Nov. 28, 1990, 104 Stat. 4404; amended Pub. L. 102550, title VII, § 713, Oct. 28, 1992, 106 Stat. 3842.)
## Notes
Editorial Notes
References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1), is Pub. L. 93288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
Amendments1992—Subsec. (a)(1). Pub. L. 102550 substituted “amounts made available to the Secretary by an appropriations Act for such purpose” for “amounts available under this subchapter”.
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# 42 U.S.C. § 1490r - Rural housing voucher program
## Text
(a) In general To such extent or in such amounts as are approved in appropriation Acts, the Secretary shall carry out a rural housing voucher program to assist very low-income families and persons to reside in rental housing in rural areas. For such purposes, the Secretary may provide assistance using a payment standard based on the fair market rental rate established by the Secretary for the area. The monthly assistance payment for any family shall be the amount by which the payment standard for the area exceeds 30 per centum of the familys monthly adjusted income, except that such monthly assistance payment shall not exceed the amount which the rent for the dwelling unit (including the amount allowed for utilities in the case of a unit with separate utility metering) exceeds 10 per centum of the familys monthly gross income.
(b) Coordination and limitation In carrying out the rural housing voucher program under this section, the Secretary shall—
(1) coordinate activities under this section with activities assisted under sections 1485 and 1490m of this title; and
(2) enter into contracts for assistance for not more than 5000 units in any fiscal year.
(July 15, 1949, ch. 338, title V, § 542, as added Pub. L. 102550, title VII, § 706(2), Oct. 28, 1992, 106 Stat. 3835.)
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# 42 U.S.C. § 1490s - Enforcement provisions
## Text
(a) Equity skimming (1) Criminal penalty Whoever, as an owner, agent, employee, or manager, or is otherwise in custody, control, or possession of property that is security for a loan made or guaranteed under this subchapter, willfully uses, or authorizes the use, of any part of the rents, assets, proceeds, income, or other funds derived from such property, for any purpose other than to meet actual, reasonable, and necessary expenses of the property, or for any other purpose not authorized by this subchapter or the regulations adopted pursuant to this subchapter, shall be fined under title 18 or imprisoned not more than 5 years, or both.
(2) Civil sanctions An entity or individual who as an owner, operator, employee, or manager, or who acts as an agent for a property that is security for a loan made or guaranteed under this subchapter where any part of the rents, assets, proceeds, income, or other funds derived from such property are used for any purpose other than to meet actual, reasonable, and necessary expenses of the property, or for any other purpose not authorized by this subchapter or the regulations adopted pursuant to this subchapter, shall be subject to a fine of not more than $25,000 per violation. The sanctions provided in this paragraph may be imposed in addition to any other civil sanctions or civil monetary penalties authorized by law.
(b) Civil monetary penalties (1) In general The Secretary may, after notice and opportunity for a hearing, impose a civil monetary penalty in accordance with this subsection against any individual or entity, including its owners, officers, directors, general partners, limited partners, or employees, who knowingly and materially violate, or participate in the violation of, the provisions of this subchapter, the regulations issued by the Secretary pursuant to this subchapter, or agreements made in accordance with this subchapter, by—
(A) submitting information to the Secretary that is false;
(B) providing the Secretary with false certifications;
(C) failing to submit information requested by the Secretary in a timely manner;
(D) failing to maintain the property subject to loans made or guaranteed under this subchapter in good repair and condition, as determined by the Secretary;
(E) failing to provide management for a project which received a loan made or guaranteed under this subchapter that is acceptable to the Secretary; or
(F) failing to comply with the provisions of applicable civil rights statutes and regulations.
(2) Conditions for renewal or extension The Secretary may require that expiring loan or assistance agreements entered into under this subchapter shall not be renewed or extended unless the owner executes an agreement to comply with additional conditions prescribed by the Secretary, or executes a new loan or assistance agreement in the form prescribed by the Secretary.
(3) Amount (A) In general The amount of a civil monetary penalty imposed under this subsection shall not exceed the greater of—
(i) twice the damages the Department of Agriculture, the guaranteed lender, or the project that is secured for a loan under this section suffered or would have suffered as a result of the violation; or
(ii) $50,000 per violation.
(B) Determination In determining the amount of a civil monetary penalty under this subsection, the Secretary shall take into consideration—
(i) the gravity of the offense;
(ii) any history of prior offenses by the violator (including offenses occurring prior to the enactment of this section);
(iii) the ability of the violator to pay the penalty;
(iv) any injury to tenants;
(v) any injury to the public;
(vi) any benefits received by the violator as a result of the violation;
(vii) deterrence of future violations; and
(viii) such other factors as the Secretary may establish by regulation.
(4) Payment of penalties No payment of a penalty assessed under this section may be made from funds provided under this subchapter or from funds of a project which serve as security for a loan made or guaranteed under this subchapter.
(5) Remedies for noncompliance (A) Judicial intervention If a person or entity fails to comply with a final determination by the Secretary imposing a civil monetary penalty under this subsection, the Secretary may request the Attorney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against such individual or entity and such other relief as may be available. The monetary judgment may, in the courts discretion, include the attorneys fees and other expenses incurred by the United States in connection with the action.
(B) Reviewability of determination In an action under this paragraph, the validity and appropriateness of a determination by the Secretary imposing the penalty shall not be subject to review.
(July 15, 1949, ch. 338, title V, § 543, as added Pub. L. 106569, title VII, § 708(a), Dec. 27, 2000, 114 Stat. 3016.)
## Notes
Editorial Notes
References in TextEnactment of this section, referred to in subsec. (b)(3)(B)(ii), means enactment of Pub. L. 106569, which enacted this section and was approved Dec. 27, 2000.
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# 42 U.S.C. § 1490t - Indian tribes
## Text
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to actions by federally recognized Indian tribes (including instrumentalities of such Indian tribes) under this Act.
(July 15, 1949, ch. 338, title V, § 544, as added Pub. L. 109136, § 4, Dec. 22, 2005, 119 Stat. 2644.)
## Notes
Editorial Notes
References in TextThe Civil Rights Act of 1964, referred to in text, is Pub. L. 88352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Civil Rights Act of 1968, referred to in text, is Pub. L. 90284, Apr. 11, 1968, 82 Stat. 73. Title VIII of the Act, known as the Fair Housing Act, is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. This Act, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, known as the Housing Act of 1949, which is classified principally to this chapter (§ 1441 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.