-CITE-    
    42 USC CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND
           FARM HOUSING                                    01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING

-HEAD-
       CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING   

-MISC1-

                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    1441.       Congressional declaration of national housing policy. 
    1441a.      National housing goals.                               
    1441b.      Plan for elimination of all substandard housing and
                 realization of national housing goal; report by
                 President to Congress.                               
    1441c.      Omitted.                                              
    1442.       Repealed.                                             
    1443.       Provisions as controlling over other laws.            
    1444.       Separability.                                         
    1445, 1446. Repealed or Transferred.                              

             SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL         

      PART A - URBAN RENEWAL PROJECTS, DEMOLITION PROGRAMS, AND CODE
                           ENFORCEMENT PROGRAMS
    1450 to 1452b. Omitted or Repealed.                               
    1452c.      Nullification of right of redemption of single family
                 mortgagors under rehabilitation loan program.        
    1453.       Omitted.                                              
    1453a.      Administrative priority for applications relating to
                 activities in areas affected by base closings.       
    1454 to 1468a. Omitted or Repealed.                               

                PART B - NEIGHBORHOOD DEVELOPMENT PROGRAMS            
    1469 to 1469c. Omitted.                                           

                       SUBCHAPTER III - FARM HOUSING                   
    1471.       Financial assistance by Secretary of Agriculture.     
    1472.       Loans for housing and buildings on adequate farms.    
    1473.       Loans for housing and buildings on potentially
                 adequate farms; conditions and terms.                
    1474.       Loans and grants for repairs or improvements of rural
                 dwellings.                                           
    1474a.      Security for direct or insured rural housing loans to
                 farmer applicants.                                   
    1475.       Loan payment moratorium and foreclosure procedures.   
    1476.       Buildings and repairs.                                
    1477.       Preferences for veterans and families of deceased
                 servicemen.                                          
    1478.       Local committees to assist Secretary.                 
    1479.       General powers of Secretary.                          
    1480.       Administrative powers of Secretary.                   
    1481.       Issuance of notes and obligations for loan funds;
                 amount; limitation; security; form and denomination;
                 interest; purchase and sale by Treasury; public debt
                 transaction.                                         
    1482.       Repealed.                                             
    1483.       Program levels and authorizations.                    
    1484.       Insurance of loans for housing and related facilities
                 for domestic farm labor.                             
    1485.       Housing and related facilities for elderly persons and
                 families or other persons and families of low income.
    1486.       Financial assistance to provide low-rent housing for
                 domestic farm labor.                                 
    1487.       Rural Housing Insurance Fund.                         
    1488.       Repealed.                                             
    1489.       Transfer of excess funds out of Rural Housing
                 Insurance Fund.                                      
    1490.       "Rural" and "rural area" defined.                     
    1490a.      Loans to provide occupant owned, rental, and
                 cooperative housing for low and moderate income,
                 elderly or handicapped persons or families.          
    1490b.      Housing for rural trainees.                           
    1490c.      Mutual and self-help housing.                         
    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.                
    1490e.      Programs of technical and supervisory assistance for
                 low-income individuals and families in rural areas.  
    1490f.      Loans and insurance of loans for condominium housing
                 in rural areas.                                      
    1490g.      Repealed.                                             
    1490h.      Taxation of property held by Secretary.               
    1490i.      Repealed.                                             
    1490j.      Conditions on rent increases in projects receiving
                 assistance under other provisions of law.            
    1490k.      FHA insurance.                                        
    1490l.      Processing of applications.                           
    1490m.      Housing preservation grants.                          
    1490n.      Review of rules and regulations.                      
    1490o.      Reciprocity in approval of housing subdivisions among
                 Federal agencies.                                    
    1490p.      Accountability.                                       
    1490p-1.    Office of Rural Housing Preservation.                 
    1490p-2.    Loan guarantees for multifamily rental housing in
                 rural areas.                                         
    1490q.      Disaster assistance.                                  
    1490r.      Rural housing voucher program.                        
    1490s.      Enforcement provisions.                               
    1490t.      Indian tribes.                                        

-End-


-CITE-
    42 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    42 USC Sec. 1441                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1441. Congressional declaration of national housing policy

-STATUTE-
      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.

-SOURCE-
    (July 15, 1949, ch. 338, Sec. 2, 63 Stat. 413; Pub. L. 90-19, Sec.
    6(a), May 25, 1967, 81 Stat. 21.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act July 15, 1949, ch. 338, 63
    Stat. 413, as amended, known as the Housing Act of 1949, which is
    classified principally to this chapter (Sec. 1441 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out below and Tables.


-MISC1-
                                AMENDMENTS                            
      1967 - Pub. L. 90-19 substituted "The Department of Housing and
    Urban Development" for "The Housing and Home Finance Agency and its
    constituent agencies".

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-285, Sec. 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 AMENDMENT                   
      Pub. L. 98-181, title V, Sec. 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 TITLE                            
      Section 1 of act July 15, 1949, provided: "That this Act
    [enacting this chapter, sections 1421a and 1433 of this title, and
    sections 1701d-1, 1701f-1, 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 NEIGHBORHOODS               
      Pub. L. 95-24, title II, Secs. 201-208, Apr. 30, 1977, 91 Stat.
    56-59, as amended by Pub. L. 95-557, title III, Sec. 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 ASSISTANCE      
      Assistance 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. 93-383, set out as a note under section 5301 of this
    title.

                       EQUAL OPPORTUNITY IN HOUSING                   
      Executive 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.

-End-



-CITE-
    42 USC Sec. 1441a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1441a. National housing goals

-STATUTE-
    (a) Congressional findings and reaffirmation of goals
      The Congress finds that the supply of the Nation's 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 Nation's 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.

-SOURCE-
    (Pub. L. 90-448, title XVI, Sec. 1601, Aug. 1, 1968, 82 Stat. 601;
    Pub. L. 93-383, title VIII, Sec. 801(1), (2), Aug. 22, 1974, 88
    Stat. 721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Housing Act of 1949, referred to in subsec. (a), is act July
    15, 1949, ch. 338, 63 Stat. 413, as amended, which is classified
    principally to this chapter (Sec. 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.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Housing Act of 1949 which
    comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1974 - Pub. L. 93-383 designated existing provisions as subsec.
    (a) and added subsecs. (b) and (c).

-End-



-CITE-
    42 USC Sec. 1441b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1441b. Plan for elimination of all substandard housing and
      realization of national housing goal; report by President to
      Congress

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 90-448, title XVI, Sec. 1602, Aug. 1, 1968, 82 Stat. 601.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Housing Act of 1949 which
    comprises this chapter.

-End-



-CITE-
    42 USC Sec. 1441c                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1441c. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 90-448, title XVI, Sec. 1603, Aug. 1, 1968, 82
    Stat. 602; Pub. L. 91-152, title IV, Sec. 412(a), Dec. 24, 1969, 83
    Stat. 398; Pub. L. 93-383, title VIII, Sec. 801(3), Aug. 22, 1974,
    88 Stat. 722; Pub. L. 95-557, title IX, Sec. 906, Oct. 31, 1978, 92
    Stat. 2127; Pub. L. 96-399, title III, Sec. 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. 104-66, 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. 103-7.

-End-



-CITE-
    42 USC Sec. 1442                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1442. Repealed.

-MISC1-
    Sec. 1442. Repealed. Aug. 31, 1954, ch. 1158, Sec. 7, 68 Stat. 1026.
      Section, act July 15, 1949, ch. 338, title VI, Sec. 607, 63 Stat.
    441, related to housing census. See section 141 of Title 13,
    Census.

-End-



-CITE-
    42 USC Sec. 1443                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1443. Provisions as controlling over other laws

-STATUTE-
      Insofar as the provisions of any other law are inconsistent with
    the provisions of this Act, the provisions of this Act shall be
    controlling.

-SOURCE-
    (July 15, 1949, ch. 338, title VI, Sec. 610, 63 Stat. 443.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act July 15, 1949, ch. 338, 63
    Stat. 413, as amended, known as the Housing Act of 1949, which is
    classified principally to this chapter (Sec. 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.

-End-



-CITE-
    42 USC Sec. 1444                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1444. Separability

-STATUTE-
      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.

-SOURCE-
    (July 15, 1949, ch. 338, title VI, Sec. 611, 63 Stat. 443.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act July 15, 1949, ch. 338, 63
    Stat. 413, as amended, known as the Housing Act of 1949, which is
    classified principally to this chapter (Sec. 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.

-End-



-CITE-
    42 USC Sec. 1445                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1445. Repealed.

-MISC1-
    Sec. 1445. Repealed. Aug. 9, 1955, ch. 690, Sec. 4(1), 69 Stat. 625.
      Section, act July 15, 1949, ch. 338, title VI, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1446                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1446. Transferred

-COD-
                               CODIFICATION                           
      Section, act Aug. 2, 1954, ch. 649, title VIII, Sec. 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.

-End-


-CITE-
    42 USC SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL

-HEAD-
             SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL         

-End-


-CITE-
    42 USC Part A - Urban Renewal Projects, Demolition
                     Programs, and Code Enforcement
                     Programs                              01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
      PART A - URBAN RENEWAL PROJECTS, DEMOLITION PROGRAMS, AND CODE
                           ENFORCEMENT PROGRAMS

-End-



-CITE-
    42 USC Secs. 1450, 1451                                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Secs. 1450, 1451. Omitted

-COD-
                               CODIFICATION                           
      Section 1450, act July 15, 1949, ch. 338, title I, Sec. 100, as
    added Aug. 2, 1954, ch. 649, title III, Sec. 302, 68 Stat. 622;
    amended Sept. 23, 1959, Pub. L. 86-372, title IV, Sec. 417(1), 73
    Stat. 676, which related to the Urban Renewal Fund, was omitted
    pursuant to section 5316 of this title which terminated authority
    to make grants or loans under this subchapter after Jan. 1, 1975.
      Section 1451, acts July 15, 1949, ch. 338, title I, Sec. 101, 63
    Stat. 414; Aug. 2, 1954, ch. 649, title III, Sec. 303, 68 Stat.
    623; Aug. 11, 1955, ch. 783, title I, Sec. 108(a), 69 Stat. 638;
    Aug. 7, 1956, ch. 1029, title IV, Sec. 402, 70 Stat. 1103; Sept.
    23, 1959, Pub. L. 86-372, title I, Sec. 110(a)(3), (4), title IV,
    Secs. 401, 417(2), 73 Stat. 659, 670, 677; June 30, 1961, Pub. L.
    87-70, title I, Sec. 101(b), title III, Sec. 314(a), 75 Stat. 153,
    172; Sept. 2, 1964, Pub. L. 88-560, title III, Secs. 301(a), 302,
    78 Stat. 785; Aug. 10, 1965, Pub. L. 89-117, title I, Sec. 101(f),
    title III, Secs. 302(a)(1), (b), 305(b), 79 Stat. 453, 474, 476;
    Sept. 9, 1965, Pub. L. 89-174, Sec. 7(d), 79 Stat. 670; May 25,
    1967, Pub. L. 90-19, Sec. 6(b), (c), 81 Stat. 21; Aug. 1, 1968,
    Pub. L. 90-448, title V, Sec. 513, 82 Stat. 525; Dec. 24, 1969,
    Pub. L. 91-152, title II, Sec. 217(a), 83 Stat. 390; Apr. 30, 1977,
    Pub. L. 95-24, title I, Sec. 105(a), 91 Stat. 56, which related to
    local programs 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.


-MISC1-
    AMENDMENT OF CONTRACTS FOR INCORPORATION OF CERTAIN COST PROVISIONS
      Pub. L. 88-560, title III, Sec. 301(d), Sept. 2, 1964, 78 Stat.
    785, provided that any contract for a capital grant under this
    subchapter executed prior to Sept. 2, 1964, could be amended to
    incorporate the provisions of section 1460(c) of this title for
    costs incurred on or after such date.

        COMPLETION OF PROJECTS ENTERED INTO PRIOR TO AUGUST 2, 1954    
      Act Aug. 2, 1954, ch. 649, title III, Sec. 312, 68 Stat. 629, as
    amended by Pub. L. 90-19, Sec. 10(a), May 25, 1967, 81 Stat. 22,
    provided that notwithstanding the amendments by title III of the
    1954 Act to this subchapter, the Secretary of Housing and Urban
    Development was required to continue to extend financial assistance
    for the completion of any project covered by any Federal aid
    contract executed, or prior approval granted, by him under this
    subchapter before Aug. 2, 1954, in accordance with the provisions
    of this subchapter in force immediately prior to Aug. 2, 1954.


-EXEC-
                         EXECUTIVE ORDER NO. 12075                     
      Ex. Ord. No. 12075, Aug. 16, 1978, 43 F.R. 36877, as amended by
    Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which established
    the Interagency Coordinating Council and provided for its
    membership, functions, etc., was revoked by Ex. Ord. No. 12379,
    Sec. 14, Aug. 17, 1982, 47 F.R. 36099, set out as a note under
    section 14 of the Federal Advisory Committee Act in the Appendix to
    Title 5, Government Organization and Employees.

-End-



-CITE-
    42 USC Sec. 1451a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1451a. Repealed.

-MISC1-
    Sec. 1451a. Repealed. Aug. 2, 1954, ch. 649, title III, Sec. 313,
      68 Stat. 629.
      Section, acts July 31, 1953, ch. 302, title I, Sec. 101, 67 Stat.
    305; June 24, 1954, ch. 359, title I, Sec. 101, 68 Stat. 283,
    provided that the authority under this subchapter should be used to
    the utmost in connection with slum rehabilitation needs.

-End-



-CITE-
    42 USC Sec. 1452                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1452. Omitted

-COD-
                               CODIFICATION                           
      Section, acts July 15, 1949, ch. 338, title I, Sec. 102, 63 Stat.
    414; Aug. 2, 1954, ch. 649, title III, Sec. 304, 68 Stat. 624; Aug.
    7, 1956, ch. 1029, title III, Secs. 301, 303, 70 Stat. 1097, 1099;
    Sept. 23, 1959, Pub. L. 86-372, title IV, Secs. 402-404, 73 Stat.
    671; June 30, 1961, Pub. L. 87-70, title III, Secs. 302(a), 314(b),
    75 Stat. 166, 172; Sept. 2, 1964, Pub. L. 88-560, title III, Sec.
    303(a), 78 Stat. 785; Aug. 10, 1965, Pub. L. 89-117, title III,
    Sec. 303, 79 Stat. 475; May 25, 1967, Pub. L. 90-19, Sec. 6(b), 81
    Stat. 21; Aug. 1, 1968, Pub. L. 90-448, title V, Sec. 507(a), 82
    Stat. 522; Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 208, 83
    Stat. 387; Oct. 17, 1984, Pub. L. 98-479, title II, Sec. 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.


-MISC1-
         AMENDMENT OF LOAN CONTRACTS OUTSTANDING ON AUGUST 1, 1968     
      Pub. L. 90-448, title V, Sec. 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. 90-448, without regard to the
    provision in section 1460(g) of this title.

     TEMPORARY RELIEF FROM INTEREST RATE CONFLICT BETWEEN FEDERAL AND
                                 STATE LAW
      Pub. L. 91-351, title VII, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1452a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1452a. Repealed.

-MISC1-
    Sec. 1452a. Repealed. Pub. L. 91-609, title V, Sec. 503(2), Dec.
      31, 1970, 84 Stat. 1785.
      Section, acts Aug. 2, 1954, ch. 649, title III, Sec. 314, 68
    Stat. 629; Sept. 2, 1964, Pub. L. 88-560, title III, Sec. 313, 78
    Stat. 792; May 25, 1967, Pub. L. 90-19, Sec. 10(a), (c), 81 Stat.
    22; Aug. 1, 1968, Pub. L. 90-448, title XVII, Sec. 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 1701z-1 to 1701z-4 of Title 12, Banks and Banking.

                         EFFECTIVE DATE OF REPEAL                     
      Section 503 of Pub. L. 91-609 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.

-End-



-CITE-
    42 USC Sec. 1452b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1452b. Repealed.

-MISC1-
    Sec. 1452b. Repealed. Pub. L. 101-625, title II, Sec. 289(b), Nov.
      28, 1990, 104 Stat. 4128.
      Section, Pub. L. 88-560, title III, Sec. 312, Sept. 2, 1964, 78
    Stat. 790; Pub. L. 89-117, title III, Secs. 311(e), 312, Aug. 10,
    1965, 79 Stat. 479; Pub. L. 90-19, Sec. 21(b), May 25, 1967, 81
    Stat. 25; Pub. L. 90-448, title V, Sec. 509, title VIII, Sec.
    807(b), Aug. 1, 1968, 82 Stat. 523, 544; Pub. L. 91-152, title II,
    Sec. 207, Dec. 24, 1969, 83 Stat. 387; Pub. L. 93-85, Sec. 4, Aug.
    10, 1973, 87 Stat. 221; Pub. L. 93-117, Sec. 10, Oct. 2, 1973, 87
    Stat. 423; Pub. L. 93-383, title I, Sec. 116(e), Aug. 22, 1974, 88
    Stat. 652; Pub. L. 94-50, title III, Sec. 301, July 2, 1975, 89
    Stat. 256; Pub. L. 94-375, Sec. 12, Aug. 3, 1976, 90 Stat. 1074;
    Pub. L. 95-128, title I, Sec. 111, Oct. 12, 1977, 91 Stat. 1127;
    Pub. L. 95-557, title I, Sec. 101(a), (b), Oct. 31, 1978, 92 Stat.
    2080, 2081; Pub. L. 96-71, Sec. 4, Sept. 28, 1979, 93 Stat. 502;
    Pub. L. 96-105, Sec. 4, Nov. 8, 1979, 93 Stat. 795; Pub. L. 96-153,
    title I, Sec. 101, Dec. 21, 1979, 93 Stat. 1101; Pub. L. 96-372,
    Sec. 5, Oct. 3, 1980, 94 Stat. 1364; Pub. L. 96-399, title I, Sec.
    114, Oct. 8, 1980, 94 Stat. 1622; Pub. L. 97-35, title III, Sec.
    311, Aug. 13, 1981, 95 Stat. 397; Pub. L. 98-109, Sec. 3, Oct. 1,
    1983, 97 Stat. 746; Pub. L. 98-181, title I, Sec. 124, Nov. 30,
    1983, 97 Stat. 1174; Pub. L. 99-120, Sec. 2, Oct. 8, 1985, 99 Stat.
    503; Pub. L. 99-156, Sec. 2, Nov. 15, 1985, 99 Stat. 816; Pub. L.
    99-219, Sec. 2, Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99-267, Sec.
    2, Mar. 27, 1986, 100 Stat. 74; Pub. L. 99-272, title III, Sec.
    3008, Apr. 7, 1986, 100 Stat. 105; Pub. L. 99-289, Sec. 1(b), May
    2, 1986, 100 Stat. 412; Pub. L. 99-345, Sec. 1, June 24, 1986, 100
    Stat. 673; Pub. L. 99-430, Sept. 30, 1986, 100 Stat. 986; Pub. L.
    100-122, Sec. 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100-154,
    Nov. 5, 1987, 101 Stat. 890; Pub. L. 100-170, Nov. 17, 1987, 101
    Stat. 914; Pub. L. 100-179, Dec. 3, 1987, 101 Stat. 1018; Pub. L.
    100-200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100-242, title V,
    Sec. 518, Feb. 5, 1988, 101 Stat. 1937, authorized Secretary to
    make loans to owners and tenants of property to finance
    rehabilitation of such property.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal 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.

-End-



-CITE-
    42 USC Sec. 1452c                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1452c. Nullification of right of redemption of single family
      mortgagors under rehabilitation loan program

-STATUTE-
    (a) In general
      Whenever with respect to a single family mortgage securing a loan
    under section 1452b (!1) 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.

-SOURCE-
    (Pub. L. 101-235, title VII, Sec. 701, Dec. 15, 1989, 103 Stat.
    2055.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1452b of this title, referred to in subsecs. (a) and (b),
    was repealed by Pub. L. 101-625, title II, Sec. 289(b)(1), Nov. 28,
    1990, 104 Stat. 4128.

-COD-
                               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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 1453                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1453. Omitted

-COD-
                               CODIFICATION                           
      Section, acts July 15, 1949, ch. 338, title I, Sec. 103, 63 Stat.
    416; Aug. 2, 1954, ch. 649, title III, Sec. 305, 68 Stat. 625; Aug.
    11, 1955, ch. 783, title I, Sec. 106(a), 69 Stat. 637; July 12,
    1957, Pub. L. 85-104, title III, Secs. 301, 302(1), 71 Stat. 299;
    Sept. 23, 1959, Pub. L. 86-372, title IV, Secs. 405, 417(1), 73
    Stat. 672, 676; June 30, 1961, Pub. L. 87-70, title III, Secs.
    301(a), 303, 75 Stat. 165, 166; Sept. 2, 1964, Pub. L. 88-560,
    title III, Sec. 304, 78 Stat. 785; Aug. 10, 1965, Pub. L. 89-117,
    title III, Secs. 304, 313(a), 79 Stat. 475, 479; Nov. 3, 1966, Pub.
    L. 89-754, title I, Sec. 113, title VII, Sec. 704, 80 Stat. 1260,
    1281; May 25, 1967, Pub. L. 90-19, Sec. 6(b), (d), 81 Stat. 21;
    Aug. 1, 1968, Pub. L. 90-448, title V, Secs. 502, 506, 82 Stat.
    521, 522; Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 201, 83
    Stat. 385; Dec. 31, 1970, Pub. L. 91-609, title II, Sec. 201, title
    VII, Sec. 741(a), 84 Stat. 1776, 1805; Oct. 18, 1972, Pub. L. 92-
    503, Sec. 4, 86 Stat. 906; Oct. 2, 1973, Pub. L. 93-117, Sec. 5,
    87 Stat. 422; Aug. 22, 1974, Pub. L. 93-383, title I, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1453a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1453a. Administrative priority for applications relating to
      activities in areas affected by base closings

-STATUTE-
      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,(!1) 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.


-SOURCE-
    (Pub. L. 93-117, Sec. 14, Oct. 2, 1973, 87 Stat. 423.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      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], 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, as amended,
    which was classified to section 461 of former Title 40, Public
    Buildings, Property, and Works, and was repealed by Pub. L. 97-35,
    title III, Sec. 313(b), Aug. 13, 1981, 95 Stat. 398.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title I of the Housing Act of
    1949 which comprises this subchapter.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Secs. 1454, 1455                                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Secs. 1454, 1455. Omitted

-COD-
                               CODIFICATION                           
      Section 1454, acts July 15, 1949, ch. 338, title I, Sec. 104, 63
    Stat. 416; Aug. 2, 1954, ch. 649, title III, Sec. 306, 68 Stat.
    625; Aug. 7, 1956, ch. 1029, title III, Sec. 306, 70 Stat. 1101;
    July 12, 1957, Pub. L. 85-104, title III, Sec. 302(2), 71 Stat.
    300; June 30, 1961, Pub. L. 87-70, title III, Sec. 301(b), 75 Stat.
    166, which related to requirements for local grants-in-aid, was
    omitted pursuant to section 5316 of this title which terminated
    authority to make grants or loans under this subchapter after Jan.
    1, 1975.
      Section 1455, acts July 15, 1949, ch. 338, title I, Sec. 105, 63
    Stat. 416; Aug. 2, 1954, ch. 649, title III, Sec. 307, 68 Stat.
    625; Aug. 7, 1956, ch. 1029, title III, Sec. 302(a)(1), 70 Stat.
    1097; Sept. 23, 1959, Pub. L. 86-372, title IV, Secs. 406, 407, 73
    Stat. 673; June 30, 1961, Pub. L. 87-70, title III, Sec. 315, 75
    Stat. 172; Sept. 2, 1964, Pub. L. 88-560, title III, Sec.
    305(a)(1), (b), 78 Stat. 786; Aug. 10, 1965, Pub. L. 89-117, title
    III, Sec. 305(a), 79 Stat. 475; Nov. 3, 1966, Pub. L. 89-754, title
    VII, Secs. 703(a), 706, 80 Stat. 1281; May 25, 1967, Pub. L. 90-19,
    Sec. 6(b), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90-448, title V, Sec.
    512, 82 Stat. 524; Dec. 24, 1969, Pub. L. 91-152, title II, Secs.
    209, 210, 83 Stat. 388; Oct. 17, 1984, Pub. L. 98-479, title II,
    Sec. 204(c)(1), 98 Stat. 2233, which related to requirements for
    loan or capital grant contracts, was omitted pursuant to section
    5316 of this title which terminated authority to make grants or
    loans under this subchapter after Jan. 1, 1975.

-End-



-CITE-
    42 USC Sec. 1455a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1455a. Repealed.

-MISC1-
    Sec. 1455a. Repealed. Pub. L. 93-383, title II, Sec. 204, Aug. 22,
      1974, 88 Stat. 668.
      Section, act Aug. 2, 1954, ch. 649, title VIII, Sec. 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.

-End-



-CITE-
    42 USC Secs. 1456 to 1460                                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Secs. 1456 to 1460. Omitted

-COD-
                               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, Sec. 106, 63
    Stat. 417; June 3, 1952, ch. 362, 66 Stat. 98; June 30, 1953, ch.
    170, Sec. 22, 67 Stat. 127; Aug. 2, 1954, ch. 649, title III, Sec.
    308, title VIII, Sec. 802(e), 68 Stat. 625, 643; Aug. 11, 1955, ch.
    783, title I, Sec. 106(b), 69 Stat. 637; Aug. 7, 1956, ch. 1029,
    title III, Secs. 304, 305, 70 Stat. 1100; July 12, 1957, Pub. L. 85-
    104, title III, Secs. 303, 304, 71 Stat. 300; Sept. 23, 1959, Pub.
    L. 86-372, title IV, Secs. 408, 409(a)(1), (b), 410, 417(1), 73
    Stat. 673, 674, 676; June 30, 1961, Pub. L. 87-70, title III, Sec.
    304, 75 Stat. 167; Sept. 2, 1964, Pub. L. 88-560, title III, Sec.
    310(c), 78 Stat. 790; Aug. 10, 1965, Pub. L. 89-117, title III,
    Sec. 306, 79 Stat. 476; Nov. 3, 1966, Pub. L. 89-754, title X, Sec.
    1020(a), 80 Stat. 1295; May 25, 1967, Pub. L. 90-19, Sec. 6(b),
    (e), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90-448, title V, Sec.
    508(a), 82 Stat. 522; Dec. 31, 1970, Pub. L. 91-609, title II, Sec.
    213(a), 84 Stat. 1779; Nov. 30, 1983, Pub. L. 98-181, title I, Sec.
    126(b)(1), 97 Stat. 1175; Oct. 17, 1984, Pub. L. 98-479, title II,
    Sec. 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, Sec. 107, 63
    Stat. 419; Aug. 2, 1954, ch. 649, title III, Sec. 309, 68 Stat.
    626; Sept. 23, 1959, Pub. L. 86-372, title IV, Sec. 411, 73 Stat.
    674; June 30, 1961, Pub. L. 87-70, title III, Sec. 306(a), 75 Stat.
    168; Sept. 2, 1964, Pub. L. 88-560, title III, Sec. 306, 78 Stat.
    786; May 25, 1967, Pub. L. 90-19, Sec. 6(b), (f), 81 Stat. 21, 22;
    Aug. 1, 1968, Pub. L. 90-448, title V, Sec. 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, Sec. 108, 63
    Stat. 419; May 25, 1967, Pub. L. 90-19, Sec. 6(b), 81 Stat. 21;
    Dec. 31, 1970, Pub. L. 91-609, title II, Sec. 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, Sec. 109, 63
    Stat. 419; Aug. 2, 1954, ch. 649, title III, Sec. 310, 68 Stat.
    626; May 25, 1967, Pub. L. 90-19, Sec. 6(b), 81 Stat. 21, related
    to protection of labor standards.
      Section 1460, acts July 15, 1949, ch. 338, title I, Sec. 110, 63
    Stat. 420; June 30, 1953, ch. 170, Sec. 24(a), 67 Stat. 127; Aug.
    2, 1954, ch. 649, title III, Sec. 311, 68 Stat. 626; Aug. 11, 1955,
    ch. 783, title I, Sec. 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. 85-104, title III, Secs. 302(3)-(5), 305, 306, 71 Stat.
    300, 301; Sept. 23, 1959, Pub. L. 86-372, title IV, Secs. 412-
    414(a), 415, 416, 417(3), 73 Stat. 675, 677; June 30, 1961, Pub.
    L. 87-70, title III, Secs. 301(c), 306(b), 307, 308, 314(c), 75
    Stat. 166, 168, 172; Sept. 2, 1964, Pub. L. 88-560, title III,
    Secs. 301(b), (c), 303(b), 307-309, 311(a), 78 Stat. 785, 787, 788,
    790; Aug. 10, 1965, Pub. L. 89-117, title III, Secs. 307-309,
    310(a), 311(b), 314(a), 79 Stat. 476-479; Nov. 3, 1966, Pub. L. 89-
    754, title VI, Secs. 601, 602, title VII, Secs. 701, 702, 80 Stat.
    1278, 1280, 1281; May 25, 1967, Pub. L. 90-19, Sec. 6(b), (g), 81
    Stat. 21, 22; Aug. 1, 1968, Pub. L. 90-448, title V, Secs. 504,
    508(b), 511, title XVII, Sec. 1722(a)-(c), 82 Stat. 521, 523, 524,
    610; Dec. 24, 1969, Pub. L. 91-152, title II, Secs. 202(a), 203(a),
    204, 206, 83 Stat. 385-387; Dec. 31, 1970, Pub. L. 91-609, title
    II, Sec. 213(b), title VII, Sec. 741(c), title VIII, Sec. 801(b),
    84 Stat. 1779, 1805, defined terms as used in this subchapter.


-MISC1-
      STUDY OF HOUSING AND BUILDING CODES, ZONING, TAX POLICIES, AND
                           DEVELOPMENT STANDARDS
      Pub. L. 89-117, title III, Sec. 301, Aug. 10, 1965, 79 Stat. 474,
    as amended by Pub. L. 90-19, Sec. 22(a), (d), May 25, 1967, 81
    Stat. 26, 27; Pub. L. 90-118, 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. 91-609, title V, Sec. 503(5), Dec. 31, 1970, 84
    Stat. 1786.

                          AMENDMENT OF CONTRACTS                      
      Pub. L. 89-117, title III, Sec. 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. 89-117 as to costs incurred on or after Aug. 10,
    1965.
      Pub. L. 89-117, title III, Sec. 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. 89-117.
      Pub. L. 88-560, title III, Sec. 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. 88-560,
    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, 1959
      Pub. L. 86-372, title IV, Sec. 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,
                                   1957
      Pub. L. 86-372, title IV, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1461                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1461. Repealed.

-MISC1-
    Sec. 1461. Repealed. Aug. 2, 1954, ch. 649, title III, Sec. 313, 68
      Stat. 629.
      Section, acts July 31, 1953, ch. 302, title I, Sec. 101, 67 Stat.
    305; June 24, 1954, ch. 359, title I, Sec. 101, 68 Stat. 283,
    related to conditions precedent to approval of local slum clearance
    programs.

-End-



-CITE-
    42 USC Secs. 1462 to 1464                                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Secs. 1462 to 1464. Omitted

-COD-
                               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, Sec. 111, as
    added Aug. 7, 1956, ch. 1029, title III, Sec. 307(a), 70 Stat.
    1101; amended May 25, 1967, Pub. L. 90-19, Sec. 6(b), 81 Stat. 21;
    Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 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, Sec. 112, as
    added Sept. 23, 1959, Pub. L. 86-372, title IV, Sec. 418, 73 Stat.
    677; amended June 30, 1961, Pub. L. 87-70, title III, Sec. 309, 75
    Stat. 169; Nov. 3, 1966, Pub. L. 89-754, title VII, Sec. 705, 80
    Stat. 1281; May 25, 1967, Pub. L. 90-19, Sec. 6(b), 81 Stat. 21;
    Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 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, Sec. 113, as
    added May 1, 1961, Pub. L. 87-27, Sec. 14, 75 Stat. 57; amended May
    25, 1967, Pub. L. 90-19, Sec. 6(b), 81 Stat. 21, related to
    redevelopment areas.

-End-



-CITE-
    42 USC Sec. 1465                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1465. Repealed.

-MISC1-
    Sec. 1465. Repealed. Pub. L. 91-646, title II, Sec. 220(a)(5), Jan.
      2, 1971, 84 Stat. 1903.
      Section, act July 15, 1949, ch. 338, title I, Sec. 114, as added
    Sept. 2, 1964, Pub. L. 88-560, title III, Sec. 310(a), 78 Stat.
    788; amended Aug. 10, 1965, Pub. L. 89-117, title I, Sec. 101(i),
    title IV, Sec. 404(b), (c)(1), 79 Stat. 453, 486; May 25, 1967,
    Pub. L. 90-19, Sec. 6(b), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90-
    448, title V, Sec. 516, 82 Stat. 526; Dec. 31, 1970, Pub. L. 91-
    609, title II, Sec. 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.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal 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. 91-646, set out as an Effective Date note under section
    4601 of this title.

                             SAVINGS PROVISION                         
      Any rights or liabilities existing under provisions repealed by
    section 220(a) of Pub. L. 91-646 as not affected by such repeal,
    see section 220(b) of Pub. L. 91-646, set out as a note under
    section 4621 of this title.

-End-



-CITE-
    42 USC Sec. 1466                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Sec. 1466. Omitted

-COD-
                               CODIFICATION                           
      Section, act July 15, 1949, ch. 338, title I, Sec. 115, as added
    Aug. 10, 1965, Pub. L. 89-117, title I, Sec. 106(a), 79 Stat. 457;
    amended May 25, 1967, Pub. L. 90-19, Sec. 6(b), 81 Stat. 21; Aug.
    1, 1968, Pub. L. 90-448, title V, Sec. 503, 82 Stat. 521; Dec. 24,
    1969, Pub. L. 91-152, title II, Sec. 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.


-MISC1-
       AMENDMENT OF CONTRACTS EXECUTED PRIOR TO ENACTMENT OF SECTION   
      Pub. L. 89-117, title I, Sec. 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.

-End-



-CITE-
    42 USC Secs. 1467 to 1468a                                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part A - Urban Renewal Projects, Demolition Programs, and Code
              Enforcement Programs                    

-HEAD-
    Secs. 1467 to 1468a. Omitted

-COD-
                               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, Sec. 116, as
    added Aug. 10, 1965, Pub. L. 89-117, title III, Sec. 311(a), 79
    Stat. 477; amended May 25, 1967, Pub. L. 90-19, Sec. 6(b), 81 Stat.
    21; Aug. 1, 1968, Pub. L. 90-448, title V, Sec. 510, 82 Stat. 524;
    Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 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, Sec. 117, as
    added Aug. 10, 1965, Pub. L. 89-117, title III, Sec. 311(a), 79
    Stat. 478; amended May 25, 1967, Pub. L. 90-19, Sec. 6(b), 81 Stat.
    21; Aug. 1, 1968, Pub. L. 90-448, title V, Sec. 515, 82 Stat. 525;
    Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 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, Sec. 118, as
    added Aug. 1, 1968, Pub. L. 90-448, title V, Sec. 514, 82 Stat.
    525; amended Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 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.

-End-


-CITE-
    42 USC Part B - Neighborhood Development Programs           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part B - Neighborhood Development Programs

-HEAD-
                PART B - NEIGHBORHOOD DEVELOPMENT PROGRAMS            

-End-



-CITE-
    42 USC Secs. 1469 to 1469c                                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER II - SLUM CLEARANCE AND URBAN RENEWAL
    Part B - Neighborhood Development Programs

-HEAD-
    Secs. 1469 to 1469c. Omitted

-COD-
                               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, Sec. 131, as
    added Aug. 1, 1968, Pub. L. 90-448, title V, Sec. 501(b), 82 Stat.
    518, set forth the declaration of this part.
      Section 1469a, act July 15, 1949, ch. 338, title I, Sec. 132, as
    added Aug. 1, 1968, Pub. L. 90-448, title V, Sec. 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, Sec. 133, as
    added Aug. 1, 1968, Pub. L. 90-448, title V, Sec. 501(b), 82 Stat.
    519; amended Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 203(c),
    83 Stat. 386, related to local grants-in-aid.
      Section 1469c, act July 15, 1949, ch. 338, title I, Sec. 134, as
    added Aug. 1, 1968, Pub. L. 90-448, title V, Sec. 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.


-MISC1-
         NEIGHBORHOOD DEVELOPMENT PROGRAMS BY DISTRICT OF COLUMBIA
                         REDEVELOPMENT LAND AGENCY
      Pub. L. 90-448, title V, Sec. 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.

-End-


-CITE-
    42 USC SUBCHAPTER III - FARM HOUSING                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
                       SUBCHAPTER III - FARM HOUSING                   

-End-



-CITE-
    42 USC Sec. 1471                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1471. Financial assistance by Secretary of Agriculture

-STATUTE-
    (a) Authorization and purposes of assistance
      The Secretary of Agriculture (hereinafter referred to as the
    "Secretary") is authorized, subject to the terms and conditions of
    this subchapter, to extend financial assistance, through the
    Farmers Home Administration, (1) to owners of farms in the United
    States and in the Territories of Alaska and Hawaii and in the
    Commonwealth of Puerto Rico, the Virgin Islands, the territories
    and possessions of the United States, and the Trust Territory of
    the Pacific Islands, to enable them to construct, improve, alter,
    repair, or replace dwellings and other farm buildings on their
    farms, and to purchase buildings and land constituting a minimum
    adequate site, in order to provide them, their tenants, lessees,
    sharecroppers, and laborers with decent, safe, and sanitary living
    conditions and adequate farm buildings as specified in this
    subchapter, and (2) to owners of other real estate in rural areas
    for the construction, improvement, alteration, or repair of
    dwellings, related facilities, and farm buildings and to rural
    residents, including persons who reside in reservations or villages
    of Indian tribes, for such purposes and for the purchase of
    buildings and the purchase of land constituting a minimum adequate
    site, in order to enable them to provide dwellings and related
    facilities for their own use and buildings adequate for their
    farming operations, and (3) to elderly or handicapped persons or
    families who are or will be the owners of land in rural areas for
    the construction, improvement, alteration, or repair of dwellings
    and related facilities, the purchase of dwellings and related
    facilities and the purchase of land constituting a minimum adequate
    site, in order to provide them with adequate dwellings and related
    facilities for their own use, and (4) to an owner described in
    clause (1), (2), or (3) for refinancing indebtedness which - 
        (A) was incurred for an eligible purpose described in such
      clause, and
        (B)(i) if not refinanced, is likely to result (because of
      circumstances beyond the control of the applicant) at an early
      date in the loss of the applicant's necessary dwelling or
      essential farm service buildings, or
        (ii) if combined (in the case of a dwelling that the Secretary
      finds not to be decent, safe, and sanitary) with a loan for
      improvement, rehabilitation, or repairs and not refinanced, is
      likely to result in the applicant's continuing to be deprived of
      a decent, safe, and sanitary dwelling.

      (5) (!1) Definitions. - For purposes of this subchapter, the
    terms "repair", "repairs", "rehabilitate", and "rehabilitation"
    include measures to evaluate and reduce lead-based paint hazards,
    as such terms are defined in section 4851b of this title.

    (b) Definitions
      (1) For the purpose of this subchapter, the term "farm" shall
    mean a parcel or parcels of land operated as a single unit which is
    used for the production of one or more agricultural commodities and
    which customarily produces or is capable of producing such
    commodities for sale and for home use of a gross annual value of
    not less than the equivalent of a gross annual value of $400 in
    1944, as determined by the Secretary. The Secretary shall promptly
    determine whether any parcel or parcels of land constitute a farm
    for the purposes of this subchapter whenever requested to do so by
    any interested Federal, State, or local public agency, and his
    determination shall be conclusive.
      (2) For the purposes of this subchapter, the terms "owner" and
    "mortgage" shall be deemed to include, respectively, the lessee of,
    and other security interest in, any leasehold interest which the
    Secretary determines has an unexpired term (A) in the case of a
    loan, for a period sufficiently beyond the repayment period of the
    loan to provide adequate security and a reasonable probability of
    accomplishing the objectives for which the loan is made, and (B) in
    the case of a grant for a period sufficient to accomplish the
    objectives for which the grant is made.
      (3) For the purposes of this subchapter, the term "elderly or
    handicapped persons or families" means families which consist of
    two or more persons, the head of which (or his or her spouse) is at
    least sixty-two years of age or is handicapped. Such term also
    means a single person who is at least sixty-two years of age or is
    handicapped. A person shall be considered handicapped if such
    person is determined, pursuant to regulations issued by the
    Secretary, to have an impairment which (A) is expected to be of
    long-continued and indefinite duration, (B) substantially impedes
    his ability to live independently, and (C) is of such a nature that
    such ability could be improved by more suitable housing conditions,
    or if such person has a developmental disability as defined in
    section 15002 of this title. The Secretary shall prescribe such
    regulations as may be necessary to prevent abuses in determining,
    under the definitions contained in this paragraph, eligibility of
    families and persons for admission to and occupancy of housing
    constructed with assistance under this subchapter. Notwithstanding
    the preceding provisions of this paragraph, such term also includes
    two or more elderly (sixty-two years of age or over) or handicapped
    persons living together, one or more such persons living with
    another person who is determined (under regulations prescribed by
    the Secretary) to be essential to the care or well-being of such
    persons, and the surviving member or members of any family
    described in the first sentence of this paragraph who were living,
    in a unit assisted under this subchapter, with the deceased member
    of the family at the time of his or her death.
      (4) For the purpose of this subchapter, the terms "low income
    families or persons" and "very low-income families or persons"
    means those families and persons whose incomes do not exceed the
    respective levels established for lower income families and very
    low-income families under the United States Housing Act of 1937 [42
    U.S.C. 1437 et seq.]. Notwithstanding the preceding sentence, the
    maximum income levels established for purposes of this subchapter
    for such families and persons in the Virgin Islands shall not be
    less than the highest such levels established for purposes of this
    subchapter for such families and persons in American Samoa, Guam,
    the Northern Mariana Islands, and the Trust Territory of the
    Pacific Islands. The temporary absence of a child from the home due
    to placement in foster care should not be considered in considering
    family composition and family size.
      (5)(A) For the purpose of this subchapter, the terms "income" and
    "adjusted income" have the meanings given by sections 3(b)(4) and
    3(b)(5), respectively, of the United States Housing Act of 1937 [42
    U.S.C. 1437a(b)(4), (5)].
      (B) For purposes of this subchapter, the term "income" does not
    include dividends received from the Alaska Permanent Fund by a
    person who was under the age of 18 years when that person qualified
    for the dividend.
      (6) For the purposes of this subchapter, the term "Indian tribe"
    means any Indian tribe, band, group, and nation, including Alaska
    Indians, Aleuts, and Eskimos, and any Alaskan Native Village, of
    the United States, which is considered an eligible recipient under
    the Indian Self-Determination and Education Assistance Act (Public
    Law 93-638) [25 U.S.C. 450 et seq.] or was considered an eligible
    recipient under chapter 67 of title 31 prior to the repeal of such
    chapter.
      (7) For the purposes of this subchapter, the term "rural
    resident" shall include a family or a person who is a renter of a
    dwelling unit in a rural area.
      (8) For the purposes of this subchapter, the term "adequate
    dwelling" means a decent, safe, and sanitary dwelling unit.
    (c) Conditions of eligibility
      In order to be eligible for the assistance authorized by
    subsection (a) of this section, the applicant must show (1) that he
    is the owner of a farm which is without a decent, safe, and
    sanitary dwelling for himself and his family and necessary resident
    farm labor, or for the family of the operating tenant, lessee, or
    sharecropper, or without other farm buildings adequate for the type
    of farming in which he engages or desires to engage, or that he is
    the owner of other real estate in a rural area or a rural resident
    without an adequate dwelling or related facilities for his own use
    or buildings adequate for his farming operations, or that the
    applicant is an elderly or handicapped person or family in a rural
    area without an adequate dwelling or related facility for its own
    use, or that he is the owner of a farm or other real estate in a
    rural area who needs refinancing of indebtedness described in
    clause (4) of subsection (a) of this section; (2) that he is
    without sufficient resources to provide the necessary housing and
    buildings on his own account; and (3) that he is unable to secure
    the credit necessary for such housing and buildings from other
    sources upon terms and conditions which he could reasonably be
    expected to fulfill. If an applicant is a State or local public
    agency or Indian tribe - 
        (A) the provisions of clause (3) shall not apply to its
      application; and
        (B) the applicant shall be eligible to participate in any
      program under this subchapter if the persons or families to be
      served by the applicant with the assistance being sought would be
      eligible to participate in such program.
    (d) Additional definitions
      As used in this subchapter (except in sections 1473 and 1474(b)
    of this title) the terms "farm", "farm dwelling", and "farm
    housing" shall include dwellings or other essential buildings of
    eligible applicants.
    (e) Prepayment of taxes, insurance, and other expenses; advances to
      account of borrower: interest, time for repayment
      The Secretary shall establish procedures under which borrowers
    under this subchapter are required to make periodic payments for
    the purpose of taxes, insurance, and other necessary expenses as
    the Secretary may deem appropriate. Notwithstanding any other
    provision of law, such payments shall not be considered public
    funds. The Secretary shall direct the disbursement of the funds at
    the appropriate time or times for the purposes for which the funds
    were escrowed. The Secretary shall pay the same rate of interest on
    escrowed funds as is required to be paid on escrowed funds held by
    other lenders in any State where State law requires payment of
    interest on escrowed funds, subject to appropriations to the extent
    that additional budget authority is necessary to carry out this
    sentence. If the prepayments made by the borrower are not
    sufficient to pay the amount due, advances may be made by the
    Secretary to pay the costs in full, which advances shall be charged
    to the account of the borrower, bear interest, and be payable in a
    timely fashion as determined by the Secretary. The Secretary shall
    notify a borrower in writing when loan payments are delinquent.
    (f) Increase in loan limits
      With respect to any limitation on the amount of any loan which
    may be made, insured, or guaranteed under this subchapter for the
    purchase of a dwelling unit, the Secretary may increase such amount
    by up to 20 percent if such increase is necessary to account for
    the increased cost of the dwelling unit due to the installation of
    a solar energy system (as defined in subparagraph (3) of the last
    paragraph of section 1703(a) of title 12) therein.
    (g) Avoidance of involuntary displacement of families and
      businesses
      The programs authorized by this subchapter shall be carried out,
    consistent with program goals and objectives, so that the
    involuntary displacement of families and businesses is avoided.
    (h) Eligibility of resident aliens
      The Secretary may not restrict the availability of assistance
    under this subchapter for any alien for whom assistance may not be
    restricted under section 1436a of this title.
    (i) Loan packaging by nonprofit organizations as a "development
      cost"
      For the purposes of this subchapter, the term "development cost"
    shall include the packaging of loan and grant applications and
    actions related thereto by public and private nonprofit
    organizations tax exempt under title 26.
    (j) Program transfers
      Notwithstanding any other provision of law, the Secretary shall
    not transfer any program authorized by this subchapter to the Rural
    Development Administration.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 501, 63 Stat. 432; Pub. L.
    87-70, title VIII, Secs. 801(a), 803, June 30, 1961, 75 Stat. 186;
    Pub. L. 87-723, Sec. 4(a)(1), Sept. 28, 1962, 76 Stat. 670; Pub. L.
    89-117, title X, Sec. 1001, Aug. 10, 1965, 79 Stat. 497; Pub. L. 89-
    754, title VIII, Secs. 801, 807, Nov. 3, 1966, 80 Stat. 1282; Pub.
    L. 91-609, title VIII, Sec. 802, Dec. 31, 1970, 84 Stat. 1806; Pub.
    L. 93-383, title V, Secs. 501-503, 505(a), 520, Aug. 22, 1974, 88
    Stat. 692, 693, 699; Pub. L. 95-128, title V, Secs. 503, 507(a)(1),
    (2), (b), Oct. 12, 1977, 91 Stat. 1139-1141; Pub. L. 95-619, title
    II, Sec. 248(c), Nov. 9, 1978, 92 Stat. 3235; Pub. L. 96-153, title
    V, Secs. 502(b), 506, Dec. 21, 1979, 93 Stat. 1134, 1136; Pub. L.
    96-399, title V, Secs. 506, 507(a), (h), 512, Oct. 8, 1980, 94
    Stat. 1669-1671; Pub. L. 98-181, title V, Sec. 502, Nov. 30, 1983,
    97 Stat. 1240; Pub. L. 98-479, title I, Sec. 105(a), title II, Sec.
    203(d)(3), Oct. 17, 1984, 98 Stat. 2226, 2229; Pub. L. 99-272,
    title XIV, Sec. 14001(b)(3), Apr. 7, 1986, 100 Stat. 328; Pub. L.
    100-242, title III, Secs. 302(a), (b)(1), 303, 315, 316(a), Feb. 5,
    1988, 101 Stat. 1893, 1894, 1897; Pub. L. 101-625, title VII, Secs.
    702, 703, Nov. 28, 1990, 104 Stat. 4282, 4283; Pub. L. 102-550,
    title VII, Sec. 714, title X, Sec. 1012(m), Oct. 28, 1992, 106
    Stat. 3842, 3907; Pub. L. 104-193, title IV, Sec. 441(b), Aug. 22,
    1996, 110 Stat. 2276; Pub. L. 106-402, title IV, Sec. 401(b)(8),
    Oct. 30, 2000, 114 Stat. 1738; Pub. L. 107-76, title VII, Sec. 752,
    Nov. 28, 2001, 115 Stat. 740; Pub. L. 108-199, div. A, title VII,
    Sec. 768, Jan. 23, 2004, 118 Stat. 40.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Housing Act of 1937, referred to in subsec.
    (a)(4), is act Sept. 1, 1937, ch. 896, as revised generally by Pub.
    L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and
    amended, which is classified generally to chapter 8 (Sec. 1437 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 1437 of this title
    and Tables.
      The Indian Self-Determination and Education Assistance Act,
    referred to in subsec. (b)(6), is Pub. L. 93-638, Jan. 4, 1975, 88
    Stat. 2203, as amended, which is classified principally to
    subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25,
    Indians. For complete classification of this Act to the Code, see
    Short Title note set out under section 450 of Title 25 and Tables.
      Chapter 67 of title 31, referred to in subsec. (b)(6), was
    repealed by Pub. L. 99-272, title XIV, Sec. 14001(a)(1), Apr. 7,
    1986, 100 Stat. 327, effective Oct. 18, 1986.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(5)(B). Pub. L. 108-199 struck out "for fiscal
    years 2002 and 2003," after "this subchapter,".
      2001 - Subsec. (b)(5). Pub. L. 107-76 designated existing
    provisions as subpar. (A) and added subpar. (B).
      2000 - Subsec. (b)(3). Pub. L. 106-402 substituted "developmental
    disability as defined in section 15002 of this title" for
    "developmental disability as defined in section 6001(7) of this
    title".
      1996 - Subsec. (h). Pub. L. 104-193 struck out par. (1)
    designation, struck out "by the Secretary of Housing and Urban
    Development" before "under section 1436a of this title", and struck
    out par. (2) which read as follows: "In carrying out any
    restriction established by the Secretary on the availability of
    assistance under this subchapter for any alien, the Secretary shall
    follow procedures comparable to the procedures established in
    section 1436a of this title."
      1992 - Subsec. (a). Pub. L. 102-550, Sec. 1012(m), added par.
    (5).
      Subsec. (j). Pub. L. 102-550, Sec. 714, added subsec. (j).
      1990 - Subsec. (b)(4). Pub. L. 101-625, Sec. 702, inserted at end
    "The temporary absence of a child from the home due to placement in
    foster care should not be considered in considering family
    composition and family size."
      Subsec. (e). Pub. L. 101-625, Sec. 703, inserted after third
    sentence "The Secretary shall pay the same rate of interest on
    escrowed funds as is required to be paid on escrowed funds held by
    other lenders in any State where State law requires payment of
    interest on escrowed funds, subject to appropriations to the extent
    that additional budget authority is necessary to carry out this
    sentence."
      1988 - Subsec. (b)(3). Pub. L. 100-242, Sec. 316(a), substituted
    "has a developmental disability as defined in section 6001(7) of
    this title" for "is a developmentally disabled individual as
    defined in section 6001(7) of this title".
      Subsec. (b)(4). Pub. L. 100-242, Sec. 302(b)(1), inserted
    provisions at end relating to maximum income levels established for
    families and persons in the Virgin Islands to be not less than the
    highest such levels established for families and persons in
    American Samoa, Guam, the Northern Mariana Islands, and the Trust
    Territory of the Pacific Islands.
      Subsec. (e). Pub. L. 100-242, Sec. 303, amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "The
    Secretary may establish procedures whereby borrowers under this
    subchapter may make periodic payments for the purpose of taxes,
    insurance, and such other necessary expenses as the Secretary may
    deem appropriate. Such payments shall be disbursed by the Secretary
    at the appropriate time or times for the purposes for which such
    payments are made, and after October 1, 1977, if the prepayments
    made by the borrower are not sufficient to pay the amount due,
    advances may be made by the Secretary to pay these costs in full,
    which advances shall be charged to the account of the borrower and
    bear interest and be payable in a timely fashion not to exceed two
    years, as determined by the Secretary. The Secretary shall notify a
    borrower in writing when his loan payments are delinquent."
      Subsec. (h). Pub. L. 100-242, Sec. 302(a), added subsec. (h).
      Subsec. (i). Pub. L. 100-242, Sec. 315, added subsec. (i).
      1986 - Subsec. (b)(6). Pub. L. 99-272 substituted "or was
    considered an eligible recipient under chapter 67 of title 31 prior
    to the repeal of such chapter" for "or under chapter 67 of title
    31".
      1984 - Subsec. (b)(4). Pub. L. 98-479, Sec. 105(a), struck out
    "by the Secretary of Housing and Urban Development" before "under
    the United States Housing Act of 1937."
      Subsec. (b)(6). Pub. L. 98-479, Sec. 203(d)(3), substituted
    "chapter 67 of title 31" for "the State and Local Fiscal Assistance
    Act of 1972 (Public Law 92-512)".
      1983 - Subsec. (b)(4). Pub. L. 98-181, Sec. 502(a), amended par.
    (4) generally, substituting definition of low and very low-income
    families or persons as those whose incomes do not exceed levels
    established by the Secretary under the United States Housing Act of
    1937 for definition of persons of low income as those whose incomes
    do not exceed 80 per centum of the area median income, except when
    it is impracticable to use such median income or variations are
    necessary because of other factors.
      Subsec. (b)(5). Pub. L. 98-181, Sec. 502(b), amended par. (5)
    generally, substituting definition of income and adjusted income as
    having the meanings given by sections 3(b)(4) and 3(b)(5) of the
    United States Housing Act of 1937 for definition of income as
    income from all sources of each household member, as determined in
    accordance with criteria prescribed by the Secretary.
      1980 - Subsec. (a)(2). Pub. L. 96-399, Sec. 507(a), inserted
    reference to persons residing in reservations or villages of Indian
    tribes.
      Subsec. (b)(6) to (8). Pub. L. 96-399, Sec. 506, added pars. (6)
    to (8).
      Subsec. (c). Pub. L. 96-399, Sec. 507(h), inserted "or Indian
    tribe" after "local public agency" in second sentence.
      Subsec. (g). Pub. L. 96-399, Sec. 512, added subsec. (g).
      1979 - Subsec. (a)(4). Pub. L. 96-153, Sec. 506, redesignated
    former subpar. (B) as (B)(i) and (ii), and in subpar. (B)(i) as so
    redesignated, inserted reference to circumstances beyond the
    applicant's control, and in subpar. (B)(ii) as so redesignated,
    substituted reference to deprivation of decent, safe, and sanitary
    dwelling for reference to continuing hardship, and struck out
    subpar. (C) which authorized refinancing indebtedness provided the
    indebtedness was incurred at least 5 years prior to the application
    for assistance.
      Subsec. (b)(4), (5). Pub. L. 96-153, Sec. 502(b), added pars. (4)
    and (5).
      1978 - Subsec. (f). Pub. L. 95-619 added subsec. (f).
      1977 - Subsec. (a)(3). Pub. L. 95-128, Sec. 507(a)(1),
    substituted "elderly or handicapped persons or families" for
    "elderly persons".
      Subsec. (b)(3). Pub. L. 95-128, Sec. 507(b), substituted
    definition of "elderly or handicapped persons or families" for
    prior definition of "elderly persons" as persons who are 62 years
    of age or over.
      Subsec. (c)(1). Pub. L. 95-128, Sec. 507(a)(2), substituted "the
    applicant is an elderly or handicapped person or family in a rural
    area without an adequate dwelling or related facility for its own
    use" for "he is an elderly person in a rural area without an
    adequate dwelling or related facilities for his own use".
      Subsec. (e). Pub. L. 95-128, Sec. 503, substituted as a second
    sentence "Such payments shall be disbursed by the Secretary at the
    appropriate time or times for the purposes for which such payments
    are made, and after October 1, 1977, if the prepayments made by the
    borrower are not sufficient to pay the amount due, advances may be
    made by the Secretary to pay these costs in full, which advances
    shall be charged to the account of the borrower and bear interest
    and be payable in a timely fashion not to exceed two years, as
    determined by the Secretary" for "Such payments shall be held in
    escrow by the Secretary and paid out by him at the appropriate time
    or times for the purposes for which such payments are made".
      1974 - Subsec. (a)(1). Pub. L. 93-383, Sec. 501, inserted
    references to the territories and possessions of the United States
    and the Trust Territory of the Pacific Islands.
      Subsec. (a)(4)(B). Pub. L. 93-383, Sec. 502(1), inserted
    provisions relating to combining of indebtedness with a loan for
    improvement, rehabilitation, or repairs.
      Subsec. (a)(4)(C). Pub. L. 93-383, Sec. 502(2), substituted
    provisions relating to incursion of indebtedness by the applicant
    at least five years prior to his applying under this clause for
    provisions relating to indebtedness not held or insured by the
    United States or any agency.
      Subsec. (a)(4)(D). Pub. L. 93-383, Sec. 502(2), struck out
    subpar. (D) which related to indebtedness incurred prior to
    enactment of clause.
      Subsec. (b)(2). Pub. L. 93-383, Sec. 503, substituted "this
    subchapter" for "sections 1472 and 1474 of this title".
      Subsec. (c). Pub. L. 93-383, Sec. 520, inserted provisions
    relating to applications of a State or local public agency.
      Subsec. (e). Pub. L. 93-383, Sec. 505(a), added subsec. (e).
      1970 - Subsec. (b)(2). Pub. L. 91-609 substituted "sections 1472
    and 1473 of this title, the terms 'owner' and 'mortgage' shall be
    deemed to include, respectively, the lessee of" for "this
    subchapter, the terms 'owner', 'farm', and 'mortgage' shall be
    deemed to include, respectively, the lessee of, the land included
    in". The words ", the land included in" were improvidently omitted.
      1966 - Subsec. (a)(1) to (3). Pub. L. 89-754, Sec. 801, struck
    out "previously occupied" before "buildings and land" in cl. (1),
    "buildings and the purchase of land" in cl. (2), and "dwellings and
    related facilities" in cl. (3).
      Subsec. (a)(4). Pub. L. 89-754, Sec. 807(a), added cl. (4).
      Subsec. (c)(1). Pub. L. 89-754, Sec. 807(b), inserted as a
    condition of eligibility that the applicant be the owner of a farm
    or other real estate in a rural area who needs refinancing of
    indebtedness described in subsec. (a)(4) of this section.
      1965 - Subsec. (a). Pub. L. 89-117, Sec. 1001(a), authorized the
    extension of formal assistance to owners of farms to purchase
    previously occupied buildings and land constituting a minimum
    adequate site, to owners of other real estate in rural areas for
    the construction, improvement, alteration, or repair of dwellings,
    related facilities, and farm buildings, and to rural residents for
    such purposes and for the purchase of previously occupied buildings
    and the purchase of land constituting a minimum adequate site.
      Subsec. (c). Pub. L. 89-117, Sec. 1001(b), inserted "or a rural
    resident" in cl. (1) after "or that he is the owner of other real
    estate in a rural area".
      1962 - Subsec. (a)(3). Pub. L. 87-723, Sec. 4(a)(1)(A), added cl.
    (3).
      Subsec. (b)(3). Pub. L. 87-723, Sec. 4(a)(1)(B), added par. (3).
      Subsec. (c)(1). Pub. L. 87-723, Sec. 4(a)(1)(C), inserted
    provisions requiring the applicant for assistance to show in the
    alternative that he is an elderly person in a rural area without an
    adequate dwelling or related facilities for his own use.
      1961 - Subsec. (a). Pub. L. 87-70, Sec. 803(a), authorized
    assistance to owners of other real estate in rural areas to enable
    them to provide dwellings and related facilities for their own use
    and buildings adequate for their farming operations.
      Subsec. (b). Pub. L. 87-70, Sec. 801(a), designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (c). Pub. L. 87-70, Sec. 803(b), permitted the applicant
    to show that he is the owner of other real estate in a rural area
    without an adequate dwelling or related facilities for his own use
    or buildings adequate for his farming operations.
      Subsec. (d). Pub. L. 87-70, Sec. 803(c), added subsec. (d).

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 302(b)(2) of Pub. L. 100-242 provided that: "The
    amendment made by paragraph (1) [amending this section] shall be
    applicable to any determination of eligibility for assistance under
    title V of the Housing Act of 1949 [this subchapter] made on or
    after the date of the enactment of this Act [Feb. 5, 1988]."

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-272 effective Oct. 18, 1986, see section
    14001(e) of Pub. L. 99-272.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.


-MISC2-
             PERFORMANCE GOALS FOR FARMERS HOME ADMINISTRATION         
      Section 925(b) of Pub. L. 102-550 provided that:
      "(1) In general. - The Secretary of Agriculture may establish
    performance goals for the major housing programs of the Farmers
    Home Administration in order to measure progress towards meeting
    the objectives of national housing policy.
      "(2) Form of goals. - The performance goals referred to in
    paragraph (1) shall be expressed in terms sufficient to measure
    progress.
      "(3) Report. - The Secretary of Agriculture shall prepare a
    report to the Congress on the progress made in attaining the
    performance goals for each program, citing the actual results
    achieved in such program for the previous year.
      "(4) Failure to meet goals. - If a performance standard or goal
    has not been met, the report under paragraph (3) shall include an
    explanation of why the goal was not met, propose plans for
    achieving the performance goal, and recommend any legislative or
    regulatory changes necessary for achievement of the goal."
      [For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under section 925(b)(3) of Pub. L. 102-550,
    set out above, is listed in item 12 on page 47), see section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance.]

                ADMISSION OF ALASKA AND HAWAII TO STATEHOOD            
      Alaska was admitted into the Union on Jan. 3, 1959, on issuance
    of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and
    Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of
    Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For
    Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.
    339, set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions. For Hawaii Statehood Law, see
    Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note
    preceding section 491 of Title 48.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    42 USC Sec. 1472                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1472. Loans for housing and buildings on adequate farms

-STATUTE-
    (a) Terms of loan
      (1) If the Secretary determines that an applicant is eligible for
    assistance as provided in section 1471 of this title and that the
    applicant has the ability to repay in full the sum to be loaned,
    with interest, giving due consideration to the income and earning
    capacity of the applicant and his family from the farm and other
    sources, and the maintenance of a reasonable standard of living for
    the owner and the occupants of said farm, a loan may be made by the
    Secretary to said applicant for a period of not to exceed thirty-
    three years from the making of the loan with interest. The
    Secretary may accept the personal liability of any person with
    adequate repayment ability who will cosign the applicant's note to
    compensate for any deficiency in the applicant's repayment ability.
    At the borrower's option, the borrower may prepay to the Secretary
    as escrow agent, on terms and conditions prescribed by him, such
    taxes, insurance, and other expenses as the Secretary may require
    in accordance with section 1471(e) of this title.
      (2) The Secretary may extend the period of any loan made under
    this section if the Secretary determines that such extension is
    necessary to permit the making of such loan to any person whose
    income does not exceed 60 per centum of the median income for the
    area and who would otherwise be denied such loan because the
    payments required under a shorter period would exceed the financial
    capacity of such person. The aggregate period for which any loan
    may be extended under this paragraph may not exceed 5 years.
      (3)(A) Notwithstanding any other provision of this subchapter, a
    loan may be made under this section for the purchase of a dwelling
    located on land owned by a community land trust, if the borrower
    and the loan otherwise meet the requirements applicable to loans
    under this section.
      (B) For purposes of this paragraph, the term "community land
    trust" means a community housing development organization as such
    term is defined in section 12704 of this title (except that the
    requirements under section 12704(6)(C) of this title and section
    12704(6)(D) of this title shall not apply for purposes of this
    paragraph) - 
        (i) that is not sponsored by a for-profit organization;
        (ii) that is established to carry out the activities under
      clause (iii);
        (iii) that - 
          (I) acquires parcels of land, held in perpetuity, primarily
        for conveyance under long-term ground leases;
          (II) transfers ownership of any structural improvements
        located on such leased parcels to the lessees; and
          (III) retains a preemptive option to purchase any such
        structural improvement at a price determined by formula that is
        designed to ensure that the improvement remains affordable to
        low- and moderate-income families in perpetuity; and

        (iv) that has its corporate membership open to any adult
      resident of a particular geographic area specified in the bylaws
      of the organization.
    (b) Provisions of loan instrument
      The instruments under which the loan is made and the security
    given shall - 
        (1) provide for security upon the applicant's equity in the
      farm or such other security or collateral, if any, as may be
      found necessary by the Secretary reasonably to assure repayment
      of the indebtedness;
        (2) provide for the repayment of principal and interest in
      accordance with schedules and repayment plans prescribed by the
      Secretary, except that any prepayment of a loan made or insured
      under section 1484 or 1485 of this title shall be subject to the
      provisions of subsection (c) of this section;
        (3) except for guaranteed loans, contain the agreement of the
      borrower that he will, at the request of the Secretary, proceed
      with diligence to refinance the balance of the indebtedness
      through cooperative or other responsible private credit sources
      whenever the Secretary determines, in the light of the borrower's
      circumstances, including his earning capacity and the income from
      the farm, that he is able to do so upon reasonable terms and
      conditions;
        (4) be in such form and contain such covenants as the Secretary
      shall prescribe to secure the payment of the loan with interest,
      protect the security, and assure that the farm will be maintained
      in repair and that waste and exhaustion of the farm will be
      prevented.
    (c) Prepayment and refinancing provisions
      (1)(A) The Secretary may not accept an offer to prepay, or
    request refinancing in accordance with subsection (b)(3) of this
    section of, any loan made or insured under section 1484 or 1485 of
    this title pursuant to a contract entered into after December 21,
    1979, but before December 15, 1989, unless the Secretary takes
    appropriate action which will obligate the borrower (and successors
    in interest thereof) to utilize the assisted housing and related
    facilities for the purposes specified in section 1484 or 1485 of
    this title, as the case may be, for a period of - 
        (i) fifteen years from the date on which the loan was made in
      the case of a loan made or insured pursuant to a contract entered
      into after December 21, 1979, but before December 15, 1989, and
      utilized for housing and related facilities which have not
      received assistance under section 1490a(a)(1)(B), (a)(2), or (5)
      of this title or section 1437f of this title; or
        (ii) twenty years from the date on which the loan was made in
      the case of any other such loan;

    or until the Secretary determines (prior to the end of such period)
    that there is no longer a need for such housing and related
    facilities to be so utilized or that Federal or other financial
    assistance provided to the residents of such housing will no longer
    be provided.
      (B) The Secretary may not accept an offer to prepay, or request
    refinancing in accordance with subsection (b)(3) of this section
    of, any initial loan made or insured under section 1485 of this
    title pursuant to a contract entered into on or after December 15,
    1989.
      (2) If any loan which was made or insured under section 1484 or
    1485 of this title pursuant to a contract entered into prior to
    December 15, 1989, is prepaid or refinanced on or after October 8,
    1980, and tenants of the housing and related facilities financed
    with such loan are displaced due to a change in the use of the
    housing, or to an increase in rental or other charges, as a result
    of such prepayment or refinancing, the Secretary shall provide such
    tenants a priority for relocation in alternative housing assisted
    pursuant to this subchapter.
      (3) Notice of offer to prepay. - Not less than 30 days after
    receiving an offer to prepay any loan made or insured under section
    1484 or 1485 of this title, the Secretary shall provide written
    notice of the offer or request to the tenants of the housing and
    related facilities involved, to interested nonprofit organizations,
    and to any appropriate State and local agencies.
      (4)(A) Agreement by borrower to extend low income use. - Before
    accepting any offer to prepay, or requesting refinancing in
    accordance with subsection (b)(3) of this section of, any loan made
    or insured under section 1484 or 1485 of this title pursuant to a
    contract entered into prior to December 15, 1989, the Secretary
    shall make reasonable efforts to enter into an agreement with the
    borrower under which the borrower will make a binding commitment to
    extend the low income use of the assisted housing and related
    facilities involved for not less than the 20-year period beginning
    on the date on which the agreement is executed.
      (B) Assistance available to borrower to extend low income use. -
    To the extent of amounts provided in appropriation Acts, the
    agreement under subparagraph (A) may provide for 1 or more of the
    following forms of assistance that the Secretary, after taking into
    account local market conditions, determines to be necessary to
    extend the low income use of the housing and related facilities
    involved:
        (i) Increase in the rate of return on investment.
        (ii) Reduction of the interest rate on the loan through the
      provision of interest credits under section 1490a(a)(1)(B) of
      this title, or additional assistance or an increase in assistance
      provided under section 1490a(a)(5) of this title.
        (iii) Additional rental assistance, or an increase in
      assistance provided under existing contracts, under section
      1490a(a)(2) or 1490a(a)(5) of this title or under section 1437f
      of this title.
        (iv) An equity loan to the borrower under paragraphs (1) and
      (2) of section 1485(c) of this title or under paragraphs (1) and
      (2) of section 1484(j) (!1) of this title, except that an equity
      loan referred to in this clause may not be made available after
      August 6, 1996, unless the Secretary determines that the other
      incentives available under this subparagraph are not adequate to
      provide a fair return on the investment of the borrower, to
      prevent prepayment of the loan insured under section 1484 or 1485
      of this title, or to prevent the displacement of tenants of the
      housing for which the loan was made.

        (v) Incremental rental assistance in connection with loans
      under clauses (ii) and (iv) to the extent necessary to avoid
      increases in the rental payments of current tenants not receiving
      rental assistance under section 1490a(a)(2) of this title or
      under section 1437f of this title, or current tenants of projects
      not assisted under section 1490a(a)(5) of this title.
        (vi) In the case of a project that has received rental
      assistance under section 1437f of this title, permitting the
      owner to receive rent in excess of the amount determined
      necessary by the Secretary to defray the cost of long-term repair
      or maintenance of such a project.

      (C) Approval of assistance. - The Secretary may approve
    assistance under subparagraph (B) for assisted housing only if the
    restrictive period has expired for any loan for the housing made or
    insured under section 1484 or 1485 of this title pursuant to a
    contract entered into after December 21, 1979, but before December
    15, 1989, and the Secretary determines that the combination of
    assistance provided - 
        (i) is necessary to provide a fair return on the investment of
      the borrower; and
        (ii) is the least costly alternative for the Federal Government
      that is consistent with carrying out the purposes of this
      subsection.

      (5)(A) Offer to sell to nonprofit organizations and public
    agencies. - 
        (i) In general. - If the Secretary determines after a
      reasonable period that an agreement will not be entered into with
      a borrower under paragraph (4), the Secretary shall require the
      borrower (except as provided in subparagraph (G)) to offer to
      sell the assisted housing and related facilities involved to any
      qualified nonprofit organization or public agency at a fair
      market value determined by 2 independent appraisers, one of whom
      shall be selected by the Secretary and one of whom shall be
      selected by the borrower. If the 2 appraisers fail to agree on
      the fair market value, the Secretary and the borrower shall
      jointly select a third appraiser, whose appraisal shall be
      binding on the Secretary and the borrower.
        (ii) Period for which requirement applicable. - If, upon the
      expiration of 180 days after an offer is made to sell housing and
      related facilities under clause (i), no qualified nonprofit
      organization or public agency has made a bona fide offer to
      purchase, the Secretary may accept the offer to prepay, or may
      request refinancing in accordance with subsection (b)(3) of this
      section of, the loan. This clause shall apply only when funds are
      available for purposes of carrying out a transfer under this
      paragraph.

      (B) Qualified nonprofit organizations and public agencies. - 
        (i) Local nonprofit organization or public agency. - A local
      nonprofit organization or public agency may purchase housing and
      related facilities under this paragraph only if - 
          (I) the organization or agency is determined by the Secretary
        to be capable of managing the housing and related facilities
        (either directly or through a contract) for the remaining
        useful life of the housing and related facilities; and
          (II) the organization or agency has entered into an agreement
        that obligates it (and successors in interest thereof) to
        maintain the housing and related facilities as affordable for
        very low-income families or persons and low income families or
        persons for the remaining useful life of the housing and
        related facilities.

        (ii) National or regional nonprofit organization. - If the
      Secretary determines that there is no local nonprofit
      organization or public agency qualified to purchase the housing
      and related facilities involved, the Secretary shall require the
      borrower to offer to sell the assisted housing and related
      facilities to an existing qualified national or regional
      nonprofit organization.
        (iii) Selection of qualified purchaser. - The Secretary shall
      promulgate regulations that establish criteria for selecting a
      qualified nonprofit organization or public agency to purchase
      housing and related facilities when more than 1 such organization
      or agency has made a bona fide offer. Such regulations shall give
      a priority to those organizations or agencies with the greatest
      experience in developing or managing low income housing or
      community development projects and with the longest record of
      service to the community.

      (C) Financing of sale. - To facilitate the sale described in
    subparagraph (A), the Secretary shall - 
        (i) to the extent provided in appropriation Acts, make an
      advance to the nonprofit organization or public agency whose
      offer to purchase is accepted under this paragraph to cover any
      direct costs (other than the purchase price) incurred by the
      organization or agency in purchasing and assuming responsibility
      for the housing and related facilities involved;
        (ii) approve the assumption, by the nonprofit organization or
      public agency involved, of the loan made or insured under section
      1484 or 1485 of this title;
        (iii) to the extent provided in appropriation Acts, transfer
      any rental assistance payments that are received under section
      1490a(a)(2)(A) of this title or under section 1437f of this
      title, or any assistance payments received under section
      1490a(a)(5) of this title, with respect to the housing and
      related facilities involved; and
        (iv) to the extent provided in appropriation Acts, provide a
      loan under section 1485(c)(3) of this title to the nonprofit
      organization or public agency whose offer to purchase is accepted
      under this paragraph to enable the organization or agency to
      purchase the housing and related facilities involved.

      (D) Rent limitation and assistance. - The Secretary shall, to the
    extent provided in appropriation Acts, provide to each nonprofit
    organization or public agency purchasing housing and related
    facilities under this paragraph financial assistance (in the form
    of monthly payments or forgiveness of debt) in an amount necessary
    to ensure that the monthly rent payment made by each low income
    family or person residing in the housing does not exceed the
    maximum rent permitted under section 1490a(a)(2)(A) of this title
    or, in the case of housing assisted under section 1490a(a)(5) of
    this title, does not exceed the rents established for the project
    under such section.
      (E) Restriction on subsequent transfers. - Except as provided in
    subparagraph (B)(ii), the Secretary may not approve the transfer of
    any housing and related facilities purchased under this paragraph
    during the remaining useful life of the housing and related
    facilities, unless the Secretary determines that - 
        (i) the transfer will further the provision of housing and
      related facilities for low income families or persons; or
        (ii) there is no longer a need for such housing and related
      facilities by low income families or persons.

      (F) General restriction on prepayments and refinancings. -
    Following the transfer of the maximum number of dwelling units set
    forth in subparagraph (H)(i) in any fiscal year or the maximum
    number of dwelling units for which budget authority is available in
    any fiscal year, the Secretary may not accept in such fiscal year
    any offer to prepay, or request refinancing in accordance with
    subsection (b)(3) of this section of, any loan made or insured
    under section 1484 or 1485 of this title pursuant to a contract
    entered into prior to December 15, 1989, except in accordance with
    subparagraph (G). The limitation established in this subparagraph
    shall not apply to an offer to prepay, or request to refinance, if,
    following the date on which such offer or request is made (or
    following February 5, 1988, whichever occurs later) a 15-month
    period expires during which no budget authority is available to
    carry out this paragraph. For purposes of this subparagraph, the
    Secretary shall allocate budget authority under this paragraph in
    the order in which offers to prepay, or request to refinance, are
    made.
      (G) Exception. - This paragraph shall not apply to any offer to
    prepay, or any request to refinance in accordance with subsection
    (b)(3) of this section, any loan made or insured under section 1484
    or 1485 of this title pursuant to a contract entered into prior to
    December 15, 1989, if - 
        (i) the borrower enters into an agreement with the Secretary
      that obligates the borrower (and successors in interest thereof) -
       
          (I) to utilize the assisted housing and related facilities
        for the purposes specified in section 1484 or 1485 of this
        title, as the case may be, for a period determined by the
        Secretary (but not less than the period described in paragraph
        (1)(B) calculated from the date on which the loan is made or
        insured); and
          (II) upon termination of the period described in paragraph
        (1)(B), to offer to sell the assisted housing and related
        facilities to a qualified nonprofit organization or public
        agency in accordance with this paragraph; or

        (ii) the Secretary determines that housing opportunities of
      minorities will not be materially affected as a result of the
      prepayment or refinancing, and that - 
          (I) the borrower (and any successor in interest thereof) are
        obligated to ensure that tenants of the housing and related
        facilities financed with the loan will not be displaced due to
        a change in the use of the housing, or to an increase in rental
        or other charges, as a result of the prepayment or refinancing;
        or
          (II) there is an adequate supply of safe, decent, and
        affordable rental housing within the market area of the housing
        and related facilities and sufficient actions have been taken
        to ensure that the rental housing will be made available to
        each tenant upon displacement.

      (H) Funding. - 
        (i) Budget limitation. - Not more than 5,000 dwelling units may
      be transferred under this paragraph in any fiscal year, and the
      budget authority that may be provided under this paragraph for
      any fiscal year may not exceed the amounts required to carry out
      this paragraph with respect to such number.
        (ii) Reimbursement of rural housing insurance fund. - There are
      authorized to be appropriated to the Rural Housing Insurance Fund
      such sums as may be necessary to reimburse the Fund for financial
      assistance provided under this paragraph, paragraph (4), and
      section 1487(j)(7) of this title.

      (I) Definitions. - For purposes of this paragraph:
        (i) Local nonprofit organization. - The term "local nonprofit
      organization" means a nonprofit organization that - 
          (I) has a broad based board reflecting various interests in
        the community or trade area; and
          (II) is a not-for-profit charitable organization whose
        principal purposes include developing or managing low income
        housing or community development projects.

        (ii) Nonprofit organization. - The term "nonprofit
      organization" means any private organization - 
          (I) no part of the net earnings of which inures to the
        benefit of any member, founder, contributor, or individual;
          (II) that is approved by the Secretary as to financial
        responsibility; and
          (III) that does not have among its officers or directorate
        persons or parties with a material interest (or persons or
        parties related to any person or party with such an interest)
        in loans financed under section 1485 of this title that have
        been prepaid.

      (J) Regulations. - Notwithstanding section 1490n of this title,
    the Secretary shall issue final regulations to carry out this
    paragraph not later than 60 days after February 5, 1988. The
    Secretary shall provide for the regulations to take effect not
    later than 45 days after the date on which the regulations are
    issued.
    (d) Dwelling units available to very low-income families or persons
      On and after November 30, 1983 - 
        (1) not less than 40 percent of the funds approved in
      appropriation Acts for use under this section shall be set aside
      and made available only for very low-income families or persons;
      and
        (2) not less than 30 percent of the funds allocated to each
      State under this section shall be available only for very low-
      income families or persons.
    (e) Manufactured homes; qualifications for loans made or insured;
      energy conservation requirements
      (1) A loan which may be made or insured under this section with
    respect to housing shall be made or insured with respect to a
    manufactured home or with respect to a manufactured home and lot,
    whether such home or such home and lot is real property, personal
    property, or mixed real and personal property, if - 
        (A) the manufactured home meets the standards prescribed
      pursuant to title VI of the Housing and Community Development Act
      of 1974 [42 U.S.C. 5401 et seq.];
        (B) the manufactured home, or the manufactured home and lot,
      meets the installation, structural, and site requirements which
      would apply under title II of the National Housing Act [12 U.S.C.
      1707 et seq.]; and
        (C) the manufactured home meets the energy conserving
      requirements established under paragraph (2), or until the energy
      conserving requirements are established under paragraph (2), the
      manufactured home meets the energy conserving requirements
      applicable to housing other than manufactured housing financed
      under this subchapter.

      (2) Energy conserving requirements established by the Secretary
    for the purpose of paragraph (1)(C) shall - 
        (A) reduce the operating costs for a borrower by maximizing the
      energy savings and be cost-effective over the life of the
      manufactured home or the term of the loan, whichever is shorter,
      taking into account variations in climate, types of energy used,
      the cost to modify the home to meet such requirements, and the
      estimated value of the energy saved over the term of the
      mortgage; and
        (B) be established so that the increase in the annual loan
      payment resulting from the added energy conserving requirements
      in excess of those required by the standards prescribed under
      title VI of the Housing and Community Development Act of 1974 [42
      U.S.C. 5401 et seq.] shall not exceed the projected savings in
      annual energy costs.

      (3) A loan that may be made or insured under this section with
    respect to a manufactured home on a permanent foundation, or a
    manufactured home on a permanent foundation and a lot, shall be
    repayable over the same period as would be applicable under section
    203(b) of the National Housing Act [12 U.S.C. 1709(b)].
    (f) Remote rural areas
      (1) Loan supplements
        The Secretary may supplement any loan under this section to
      finance housing located in a remote rural area or on tribal
      allotted or Indian trust land with a grant in an amount not
      greater than the amount by which the reasonable land acquisition
      and construction costs of the security property exceeds the
      appraised value of such property.
      (2) Prohibition
        The Secretary may not refuse to make, insure, or guarantee a
      loan that otherwise meets the requirements under this section
      solely on the basis that the housing involved is located in an
      area that is excessively rural in character or excessively remote
      or on tribal allotted or Indian trust land.
    (g) Deferred mortgage demonstration
      (1) Authority
        With respect to families or persons otherwise eligible for
      assistance under subsection (d) of this section but having
      incomes below the amount determined to qualify for a loan under
      this section, the Secretary may defer mortgage payments beyond
      the amount affordable at 1 percent interest, taking into
      consideration income, taxes and insurance. Deferred mortgage
      payments shall be converted to payment status when the ability of
      the borrower to repay improves. Deferred amounts shall not exceed
      25 percent of the amount of the payment due at 1 percent interest
      and shall be subject to recapture.
      (2) Interest
        Interest on principal deferred shall be set at 1 percent and
      any interest payments deferred under this subsection shall not be
      treated as principal in calculating indebtedness.
      (3) Funding
        Subject to approval in appropriations Acts, not more than 10
      percent of the amount approved for each of fiscal years 1993 and
      1994 for loans under this section may be used to carry out this
      subsection.
    (h) Doug Bereuter section 502 single family housing loan guarantee
      program
      (1) Short title
        This subsection may be cited as the "Doug Bereuter Section 502
      Single Family Housing Loan Guarantee Act".
      (2) Authority
        The Secretary shall, to the extent provided in appropriation
      Acts, provide guaranteed loans in accordance with this section,
      section 1487(d) of this title, and the last sentence of section
      1490a(a)(1)(A) of this title, except as modified by the
      provisions of this subsection. Loans shall be guaranteed under
      this subsection in an amount equal to 90 percent of the loan.
      (3) Eligible borrowers
        Loans guaranteed pursuant to this subsection shall be made only
      to borrowers who are low or moderate income families or persons,
      whose incomes do not exceed 115 percent of the median income of
      the area, as determined by the Secretary.
      (4) Eligible housing
        Loans may be guaranteed pursuant to this subsection only if the
      loan is used to acquire or construct a single-family residence
      that is - 
          (A) to be used as the principal residence of the borrower;
          (B) eligible for assistance under this section, section
        203(b) of the National Housing Act [12 U.S.C. 1709(b)], or
        chapter 37 of title 38; and
          (C) located in a rural area.
      (5) Priority and counseling for first-time homebuyers
        (A) In providing guaranteed loans under this subsection, the
      Secretary shall give priority to first-time homebuyers (as
      defined in paragraph (13)).
        (B) The Secretary may require that, as a condition of receiving
      a guaranteed loan pursuant to this subsection, a borrower who is
      a first-time homebuyer successfully complete a program of
      homeownership counseling under section 1701x(a)(1)(iii) of title
      12 and obtain certification from the provider of the program that
      the borrower is adequately prepared for the obligations of
      homeownership.
      (6) Eligible lenders
        Guaranteed loans pursuant to this subsection may be made only
      by lenders approved by and meeting qualifications established by
      the Secretary.
      (7) Loan terms
        Loans guaranteed pursuant to this subsection shall - 
          (A) be made for a term not to exceed 30 years;
          (B) involve a rate of interest that is fixed over the term of
        the loan and does not exceed the rate for loans guaranteed
        under chapter 37 of title 38 or comparable loans in the area
        that are not guaranteed; and
          (C) involve a principal obligation (including initial service
        charges, appraisal, inspection, and other fees as the Secretary
        may approve) - 
            (i) for a first-time homebuyer, in any amount not in excess
          of 100 percent of the appraised value of the property as of
          the date the loan is accepted or the acquisition cost of the
          property, whichever is less, plus the guarantee fee as
          authorized by subsection (h)(7) (!2) of this section; and

            (ii) for any borrower other than a first-time homebuyer, in
          an amount not in excess of the percentage of the property or
          the acquisition cost of the property that the Secretary shall
          determine, such percentage or cost in any event not to exceed
          100 percent of the appraised value of the property as of the
          date the loan is accepted or the acquisition cost of the
          property, whichever is less, plus the guarantee fee as
          authorized by subsection (h)(7) (!2) of this section.
      (8) Guarantee fee
        With respect to a guaranteed loan under this subsection, the
      Secretary may collect from the lender at the time of issuance of
      the guarantee a fee equal to not more than 1 percent of the
      principal obligation of the loan.
      (9) Refinancing
        Any guaranteed loan under this subsection 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 which exceeds the limitations under this
      subsection.
      (10) Nonassumption
        Notwithstanding the transfer of property for which a guaranteed
      loan under this subsection was made, the borrower of a guaranteed
      loan under this subsection may not be relieved of liability with
      respect to the loan.
      (11) Geographical targeting
        In providing guaranteed loans under this subsection, the
      Secretary shall establish standards to target and give priority
      to areas that have a demonstrated need for additional sources of
      mortgage financing for low and moderate income families.
      (12) Allocation
        The Secretary shall provide that, in each fiscal year,
      guaranteed loans under this subsection shall be allocated among
      the States on the basis of the need of eligible borrowers in each
      State for such loans in comparison with the need of eligible
      borrowers for such loans among all States.
      (13) Definitions
        For purposes of this subsection:
          (A) The term "displaced homemaker" means an individual who - 
            (i) is an adult;
            (ii) has not worked full-time full-year in the labor force
          for a number of years but has, during such years, worked
          primarily without remuneration to care for the home and
          family; and
            (iii) is unemployed or underemployed and is experiencing
          difficulty in obtaining or upgrading employment.

          (B) The term "first-time homebuyer" means any individual who
        (and whose spouse) has had no present ownership in a principal
        residence during the 3-year period ending on the date of
        purchase of the property acquired with a guaranteed loan under
        this subsection except that - 
            (i) any individual who is a displaced homemaker may not be
          excluded from consideration as a first-time homebuyer under
          this subparagraph on the basis that the individual, while a
          homemaker, owned a home with his or her spouse or resided in
          a home owned by the spouse; and
            (ii) any individual who is a single parent may not be
          excluded from consideration as a first-time homebuyer under
          this subparagraph on the basis that the individual, while
          married, owned a home with his or her spouse or resided in a
          home owned by the spouse.

          (C) The term "single parent" means an individual who - 
            (i) is unmarried or legally separated from a spouse; and
            (ii)(I) has 1 or more minor children for whom the
          individual has custody or joint custody; or
            (II) is pregnant.

          (D) The term "State" means the States of the United States,
        the Commonwealth of Puerto Rico, the District of Columbia, the
        Commonwealth of the Northern Mariana Islands, Guam, the Virgin
        Islands, American Samoa, the Trust Territories of the Pacific,
        and any other possession of the United States.
      (14) Guarantees for refinancing loans
        (A) In general
          Upon the request of the borrower, the Secretary shall, to the
        extent provided in appropriation Acts and subject to
        subparagraph (F), guarantee a loan that is made to refinance an
        existing loan that is made under this section or guaranteed
        under this subsection, and that the Secretary determines
        complies with the requirements of this paragraph.
        (B) Interest rate
          To be eligible for a guarantee under this paragraph, the
        refinancing loan shall have a rate of interest that is fixed
        over the term of the loan and does not exceed the interest rate
        of the loan being refinanced.
        (C) Security
          To be eligible for a guarantee under this paragraph, the
        refinancing loan shall be secured by the same single-family
        residence as was the loan being refinanced, which shall be
        owned by the borrower and occupied by the borrower as the
        principal residence of the borrower.
        (D) Amount
          To be eligible for a guarantee under this paragraph, the
        principal obligation under the refinancing loan shall not
        exceed an amount equal to the sum of the balance of the loan
        being refinanced and such closing costs as may be authorized by
        the Secretary, which shall include a discount not exceeding 200
        basis points and an origination fee not exceeding such amount
        as the Secretary shall prescribe.
        (E) Other requirements
          The provisions of the last sentence of paragraph (2) and
        paragraphs (3), (6), (7)(A), (8), and (10) shall apply to loans
        guaranteed under this paragraph, and no other provisions of
        paragraphs (2) through (13) shall apply to such loans.
        (F) Authority to establish limitation
          The Secretary may establish limitations on the number of
        loans guaranteed under this paragraph, which shall be based on
        market conditions and other factors as the Secretary considers
        appropriate.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 502, 63 Stat. 433; Pub. L.
    87-70, title VIII, Sec. 801(b), June 30, 1961, 75 Stat. 186; Pub.
    L. 87-723, Sec. 4(a)(2), Sept. 28, 1962, 76 Stat. 671; Pub. L. 89-
    117, title X, Sec. 1002, Aug. 10, 1965, 79 Stat. 497; Pub. L. 89-
    754, title VIII, Sec. 802, Nov. 3, 1966, 80 Stat. 1282; Pub. L. 93-
    383, title V, Sec. 505(b), Aug. 22, 1974, 88 Stat. 693; Pub. L. 95-
    128, title V, Sec. 502(a), Oct. 12, 1977, 91 Stat. 1139; Pub. L.
    96-153, title V, Sec. 503, Dec. 21, 1979, 93 Stat. 1134; Pub. L. 96-
    399, title V, Sec. 514(a), Oct. 8, 1980, 94 Stat. 1671; Pub. L. 98-
    181, title V, Sec. 503(a), (d), Nov. 30, 1983, 97 Stat. 1240,
    1241; Pub. L. 98-479, title I, Sec. 105(b)(1), Oct. 17, 1984, 98
    Stat. 2226; Pub. L. 100-242, title II, Sec. 241, title III, Sec.
    314, Feb. 5, 1988, 101 Stat. 1886, 1897; Pub. L. 100-628, title X,
    Sec. 1028, Nov. 7, 1988, 102 Stat. 3271; Pub. L. 101-235, title II,
    Sec. 206, Dec. 15, 1989, 103 Stat. 2041; Pub. L. 101-625, title
    VII, Secs. 704(a), 705(a), 706(b), 719(b), Nov. 28, 1990, 104 Stat.
    4283, 4284, 4297; Pub. L. 102-142, title VII, Sec. 743(b), Oct. 28,
    1991, 105 Stat. 915; Pub. L. 102-550, title VII, Secs. 701(g),
    702(a), 703, 704, 712(a), (b), Oct. 28, 1992, 106 Stat. 3834, 3835,
    3841; Pub. L. 104-180, title VII, Sec. 734(c)(3)(A), (B), Aug. 6,
    1996, 110 Stat. 1602; Pub. L. 105-276, title V, Sec. 599C(e)(2)(A),
    (f), Oct. 21, 1998, 112 Stat. 2662, 2663; Pub. L. 106-569, title
    VII, Sec. 701, Dec. 27, 2000, 114 Stat. 3013; Pub. L. 108-285, Sec.
    3(b), (c), Aug. 2, 2004, 118 Stat. 917, 918; Pub. L. 108-447, div.
    A, title VII, Sec. 726(b), Dec. 8, 2004, 118 Stat. 2842.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1484(j) of this title, referred to in subsec.
    (c)(4)(B)(iv), was repealed by Pub. L. 106-569, title VII, Sec.
    708(b), Dec. 27, 2000, 114 Stat. 3018.
      The Housing and Community Development Act of 1974, referred to in
    subsec. (e)(1)(A), (2)(B), is Pub. L. 93-383, Aug. 22, 1974, 88
    Stat. 633, as amended. Title VI of the Housing and Community
    Development Act of 1974 is known as the National Manufactured
    Housing Construction and Safety Standards Act of 1974 and is
    classified generally to chapter 70 (Sec. 5401 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 5301 of this title and
    Tables.
      The National Housing Act, referred to in subsec. (e)(1)(B), is
    act June 27, 1934, ch. 847, 48 Stat. 1246, as amended. Title II of
    the National Housing Act is classified principally to subchapter II
    (Sec. 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.
      Section 502, referred to in subsec. (h), means section 502 of act
    July 15, 1949, ch. 338, which is classifed to this section.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (h). Pub. L. 108-285, Sec. 3(b)(3), substituted
    "Doug Bereuter section 502 single family housing loan guarantee
    program" for "Guaranteed loans" in heading.
      Subsec. (h)(1) to (4). Pub. L. 108-285, Sec. 3(b)(1), (2), added
    par. (1) and redesignated former pars. (1) to (3) as (2) to (4),
    respectively. Former par. (4) redesignated (5).
      Subsec. (h)(5). Pub. L. 108-285, Sec. 3(b)(1), redesignated par.
    (4) as (5). Former par. (5) redesignated (6).
      Subsec. (h)(5)(A). Pub. L. 108-285, Sec. 3(c)(1), substituted
    "paragraph (13)" for "paragraph (12)(A)".
      Subsec. (h)(6). Pub. L. 108-285, Sec. 3(b)(1), redesignated par.
    (5) as (6). Former par. (6) redesignated (7).
      Subsec. (h)(7). Pub. L. 108-285, Sec. 3(b)(1), redesignated par.
    (6) as (7). Former par. (7) redesignated (8).
      Subsec. (h)(7)(C). Pub. L. 108-447, which directed insertion of
    ", plus the guarantee fee as authorized by subsection (h)(7) of
    this section" after "whichever is less" in pars. (i) and (ii) of
    subsec. (h)(6)(C), was executed by making the insertion in cls. (i)
    and (ii) of par. (7)(C), to reflect the probable intent of Congress
    and the amendment by Pub. L. 108-285, Sec. 3(b)(1). See above.
      Subsec. (h)(8) to (13). Pub. L. 108-285, Sec. 3(b)(1),
    redesignated pars. (7) to (12) as (8) to (13), respectively. Former
    par. (13) redesignated (14).
      Subsec. (h)(14). Pub. L. 108-285, Sec. 3(b)(1), redesignated par.
    (13) as (14).
      Subsec. (h)(14)(A). Pub. L. 108-285, Sec. 3(c)(2)(A), made
    technical amendment to heading in original Act.
      Subsec. (h)(14)(E). Pub. L. 108-285, Sec. 3(c)(2)(B), substituted
    "paragraph (2) and paragraphs (3), (6), (7)(A), (8), and (10)" for
    "paragraph (1) and paragraphs (2), (5), (6)(A), (7), and (9)" and
    "paragraphs (2) through (13)" for "paragraphs (1) through (12)".
      2000 - Subsec. (h)(13). Pub. L. 106-569 added par. (13).
      1998 - Subsec. (c)(1)(A)(i). Pub. L. 105-276, Sec.
    599C(e)(2)(A)(i), substituted ", (a)(2), or (5)" for "or (a)(2)".
      Subsec. (c)(4)(B)(ii). Pub. L. 105-276, Sec. 599C(e)(2)(A)(ii),
    inserted before period at end ", or additional assistance or an
    increase in assistance provided under section 1490a(a)(5) of this
    title".
      Subsec. (c)(4)(B)(iii). Pub. L. 105-276, Sec. 599C(e)(2)(A)(iii),
    was executed by inserting "or 1490a(a)(5)" after "section
    1490a(a)(2)" to reflect the probable intent of Congress,
    notwithstanding the fact that the verb "inserting" was missing from
    the directory language.
      Subsec. (c)(4)(B)(v). Pub. L. 105-276, Sec. 599C(e)(2)(A)(iv),
    inserted before period at end ", or current tenants of projects not
    assisted under section 1490a(a)(5) of this title".
      Subsec. (c)(5)(C)(iii). Pub. L. 105-276, Sec. 599C(e)(2)(A)(v),
    struck out comma after "1490a(a)(2)(A) of this title" and inserted
    "or any assistance payments received under section 1490a(a)(5) of
    this title," before "with respect".
      Subsec. (c)(5)(D). Pub. L. 105-276, Sec. 599C(e)(2)(A)(vi),
    inserted before period at end "or, in the case of housing assisted
    under section 1490a(a)(5) of this title, does not exceed the rents
    established for the project under such section".
      Subsec. (h)(6)(C). Pub. L. 105-276, Sec. 599C(f), which directed
    the striking out of ", subject to the maximum dollar amount
    limitation of section 203(b)(2) of the National Housing Act" each
    place it appeared, was executed by striking out ", subject to the
    maximum dollar limitation of section 203(b)(2) of the National
    Housing Act" after "whichever is less" in cl. (i) and after
    "Secretary shall determine" in cl. (ii), to reflect the probable
    intent of Congress.
      1996 - Subsec. (c)(4)(B)(iv). Pub. L. 104-180, Sec. 734(c)(3)(A),
    inserted before period at end "or under paragraphs (1) and (2) of
    section 1484(j) of this title, except that an equity loan referred
    to in this clause may not be made available after August 6, 1996,
    unless the Secretary determines that the other incentives available
    under this subparagraph are not adequate to provide a fair return
    on the investment of the borrower, to prevent prepayment of the
    loan insured under section 1484 or 1485 of this title, or to
    prevent the displacement of tenants of the housing for which the
    loan was made".
      Subsec. (c)(4)(C). Pub. L. 104-180, Sec. 734(c)(3)(B), in
    introductory provisions substituted "The Secretary may approve
    assistance under subparagraph (B) for assisted housing only if the
    restrictive period has expired for any loan for the housing made or
    insured under section 1484 or 1485 of this title pursuant to a
    contract entered into after December 21, 1979, but before December
    15, 1989, and the Secretary determines that the combination of
    assistance provided - " for "The Secretary may approve assistance
    under subparagraph (B) only if the Secretary determines that the
    combination of assistance provided - ".
      1992 - Subsec. (a)(3). Pub. L. 102-550, Sec. 702(a), added par.
    (3).
      Subsec. (c)(2), (4)(A). Pub. L. 102-550, Sec. 712(a)(1), (2),
    substituted "prior to December 15, 1989" for "before December 21,
    1979".
      Subsec. (e)(4)(B)(vi). Pub. L. 102-550, Sec. 712(b), added cl.
    (vi).
      Subsec. (e)(5)(F), (G). Pub. L. 102-550, Sec. 712(a)(3), (4),
    substituted "prior to December 15, 1989" for "before December 21,
    1979".
      Subsec. (f). Pub. L. 102-550, Sec. 704, inserted "or on tribal
    allotted or Indian trust land" in pars. (1) and (2).
      Subsec. (g)(3). Pub. L. 102-550, Sec. 701(g), substituted "1993
    and 1994" for "1991 and 1992".
      Subsec. (h)(2). Pub. L. 102-550, Sec. 703, inserted "115 percent
    of" after "exceed".
      1991 - Subsec. (h)(3)(C). Pub. L. 102-142 struck out before
    period at end "that is more than 25 miles from an urban area or
    densely populated area".
      1990 - Subsec. (c)(1)(B). Pub. L. 101-625, Sec. 719(b), inserted
    "initial" after "any".
      Subsec. (f). Pub. L. 101-625, Sec. 704(a), added subsec. (f).
      Subsec. (g). Pub. L. 101-625, Sec. 705(a), added subsec. (g).
      Subsec. (h). Pub. L. 101-625, Sec. 706(b), added subsec. (h).
      1989 - Subsec. (c)(1). Pub. L. 101-235, Sec. 206, designated
    existing provisions as subpar. (A), redesignated former subpars.
    (A) and (B) as cls. (i) and (ii), respectively, inserted "but
    before December 15, 1989," after "December 21, 1979," in
    introductory provisions and cl. (i), and added subpar. (B).
      1988 - Subsec. (c)(3). Pub. L. 100-242, Sec. 241, added par. (3).
      Subsec. (c)(4). Pub. L. 100-242, Sec. 241, added par. (4).
      Subsec. (c)(4)(B)(iv). Pub. L. 100-628, Sec. 1028(a), substituted
    "paragraphs (1) and (2) of section 1485(c)" for "paragraphs (7) and
    (8) of section 1485(b)".
      Subsec. (c)(5). Pub. L. 100-242, Sec. 241, added par. (5).
      Subsec. (c)(5)(B)(iii). Pub. L. 100-628, Sec. 1028(b), added cl.
    (iii).
      Subsec. (c)(5)(I). Pub. L. 100-628, Sec. 1028(c), substituted
    "Definitions" for "Definition" in heading and amended text
    generally. Prior to amendment, text read as follows: "For purposes
    of this paragraph, the term 'nonprofit organization' means any
    private organization - 
        "(i) no part of the net earnings of which inures to the benefit
      of any member, founder, contributor, or individual; and
        "(ii) that is approved by the Secretary as to financial
      responsibility."
      Subsec. (e)(3). Pub. L. 100-242, Sec. 314, added par. (3).
      1984 - Subsec. (d)(1). Pub. L. 98-479 substituted "percent of the
    funds approved in appropriation Acts for use under this section
    shall be set aside and made available only for very low-income
    families or persons" for "per centum of the dwelling units financed
    under this section shall be available only for occupancy by very
    low-income families or persons".
      Subsec. (d)(2). Pub. L. 98-479 substituted "percent of the funds
    allocated to each State under this section shall be available only
    for very low-income families or persons" for "per centum of the
    dwelling units in each State financed under this section shall be
    available only for occupancy by very low-income families or
    persons".
      1983 - Subsec. (a)(1). Pub. L. 98-181, Sec. 503(d)(1), (2),
    designated existing provisions as par. (1) and substituted "The
    Secretary may accept the personal liability of any person with
    adequate repayment ability who will cosign the applicant's note to
    compensate for any deficiency in the applicant's repayment ability.
    At the borrower's option, the borrower may prepay to the Secretary
    as escrow agent, on terms and conditions prescribed by him, such
    taxes, insurance, and other expenses as the Secretary may require
    in accordance with section 1471(e) of this title" for "in the case
    of applicants described in clauses (1) and (2) of section 1471(a)
    of this title, at a rate not to exceed 5 per centum per annum on
    the unpaid balance of principal, and, in the case of applicants
    described in clause (3) of section 1471(a) of this title and
    applicants under sections 1473 and 1474 of this title, at a rate
    not to exceed 4 per centum per annum on such unpaid balance. Loans
    made or insured under this subchapter shall be conditioned on the
    borrower paying such fees and other charges as the Secretary may
    require and on the borrower prepaying to the Secretary as escrow
    agent, on terms and conditions prescribed by him, such taxes,
    insurance, and other expenses as the Secretary may require in
    accordance with section 1471(e) of this title. The Secretary may
    accept the personal liability of any person with adequate repayment
    ability who will cosign the applicant's note to compensate for any
    deficiency in the applicant's repayment ability".
      Subsec. (a)(2). Pub. L. 98-181, Sec. 503(d)(3), added par. (2).
      Subsecs. (d), (e). Pub. L. 98-181, Sec. 503(a), added subsecs.
    (d) and (e).
      1980 - Subsec. (c). Pub. L. 96-399, in par. (1), substituted "The
    Secretary may not accept" for "Except as provided in paragraph (2),
    the Secretary may not accept", and "entered into after" for
    "entered into before or after" in two places, and in par. (2)
    substituted provisions granting priority for relocation to tenants
    displaced by virtue of prepayment or refinancing of loans on or
    after Oct. 8, 1980, for provisions relating to acceptance of an
    offer to prepay unless, after examination of the consequences of
    such offer, the Secretary determines that prepayment will result in
    displacement of tenants, and in the case of facilities containing
    more than ten units, will have an adverse effect on the supply of
    affordable and decent housing for low and moderate income and
    elderly persons.
      1979 - Subsec. (b)(2). Pub. L. 96-153, Sec. 503(a), inserted
    provisions that prepayment of loans made or insured under section
    1484 or 1485 of this title shall be subject to the provisions of
    subsec. (c) of this section.
      Subsec. (c). Pub. L. 96-153, Sec. 503(b), added subsec. (c).
      1977 - Subsec. (b)(3). Pub. L. 95-128 inserted introductory
    phrase "except for guaranteed loans,".
      1974 - Subsec. (a). Pub. L. 93-383 inserted provisions relating
    to the borrower prepaying to the Secretary as escrow agent taxes,
    insurance, and other expenses required by the Secretary in
    accordance with section 1471(e) of this title.
      1966 - Subsec. (a). Pub. L. 89-754 substituted "The" for "In
    cases of applicants who are elderly persons, the" in third
    sentence.
      1965 - Subsec. (a). Pub. L. 89-117 increased to 5 per centum the
    interest rate in the case of applicants described in clauses (1)
    and (2) of section 1471(a) of this title and also authorized the
    Secretary to charge fees on loans made or insured under this
    subchapter.
      1962 - Subsec. (a). Pub. L. 87-723 authorized the Secretary to
    accept, in the case of applicant's who are elderly persons, the
    personal liability of any person with adequate repayment ability
    who will cosign the applicant's note to compensate for any
    deficiency in the applicant's repayment ability.
      1961 - Subsec. (b)(1). Pub. L. 87-70 substituted "or such other
    security" for "and such additional security".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-276, title V, Sec. 599C(g), Oct. 21, 1998, 112 Stat.
    2663, provided that: "The amendments made by this section [amending
    this section and sections 1479, 1483 to 1485, 1490a, 1490j, and
    1490p-2 of this title] are made on, and shall apply beginning upon,
    the date of the enactment of this Act [Oct. 21, 1998]."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 105(b)(2) of Pub. L. 98-479 provided that:
    "Notwithstanding any other provision of law, the provisions of
    section 502(d) of the Housing Act of 1949 [subsec. (d) of this
    section], as amended by paragraph (1), shall apply with respect to
    fiscal year 1985 and thereafter, and the provisions of such
    section, as so amended, may not be changed or superseded except by
    another provision of law which amends such section."

                                REGULATIONS                            
      Section 704(b) of Pub. L. 101-625 provided that: "Not later than
    the expiration of the 120-day period beginning on the date of
    enactment of this Act [Nov. 28, 1990], the Secretary of Agriculture
    shall issue any regulations necessary to carry out the amendment
    made by subsection (a) [amending this section]."
      Section 705(b) of Pub. L. 101-625 provided that: "Not later than
    the expiration of the 120-day period beginning on the date of
    enactment of this Act [Nov. 28, 1990], the Secretary of Agriculture
    shall issue any regulations necessary to carry out the amendment
    made by subsection (a) [amending this section]."
      Section 706(d) of Pub. L. 101-625 provided that:
      "(1) Proposed regulations and comment period. - Not later than
    120 days after the date of the enactment of this Act [Nov. 28,
    1990], the Secretary of Agriculture shall publish in the Federal
    Register proposed regulations to implement the amendments made by
    this section [amending this section and section 1701x of Title 12,
    Banks and Banking]. The Secretary shall receive comments regarding
    the regulations during the 30-day period beginning on the date of
    the publication of the proposed regulations.
      "(2) Implementation. - Not later than 180 days after the date of
    the enactment of this Act, the Secretary of Agriculture shall issue
    final regulations to implement the amendments made by this section.
    The Secretary shall provide for the regulations to take effect not
    later than 30 days after the date on which the regulations are
    issued.
      "(3) Applicability. - The amendments made by this section shall
    not apply to guaranteed loans under title V of the Housing Act of
    1949 (42 U.S.C. 1471 et seq.) made before the date on which the
    final regulations issued by the Secretary under paragraph (2) take
    effect.
      "(4) Consultation. - In developing and promulgating the
    regulations under paragraphs (1) and (2), the Secretary of
    Agriculture shall consult with the chairperson of the Federal
    Agricultural Mortgage Corporation and shall solicit the views of
    borrowers, lenders, realtors, and homebuilders experienced and
    knowledgeable regarding housing in rural areas to provide that the
    regulations promulgated ensure that guaranteed loans pursuant to
    the amendments made by this section - 
        "(A) are made in a manner that is cost-effective; and
        "(B) are made in a manner that reduces, to the extent
      practicable, the burden of administration and paperwork for
      borrowers and lenders."


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.


-MISC2-
                 CONGRESSIONAL FINDINGS FOR 2004 AMENDMENT             
      Pub. L. 108-285, Sec. 3(a), Aug. 2, 2004, 118 Stat. 917, provided
    that: "The Congress finds that - 
        "(1) the Cranston-Gonzalez National Affordable Housing Act
      [Pub. L. 101-625, see Tables for classification], enacted
      November 28, 1990, established the section 502 single family
      housing loan guarantee program of the Rural Housing Service of
      the United States Department of Agriculture;
        "(2) Congressman Doug Bereuter of Nebraska was the legislative
      author of the single family housing loan guarantee program;
        "(3) 316,625 single family loans have been guaranteed under the
      program since its implementation in 1991;
        "(4) the program facilitates home ownership for low- to
      moderate-income borrowers in rural areas and nonmetropolitan
      communities who are unable to obtain conventional home mortgage
      financing; and
        "(5) in 2003, the average income of a borrower with a loan
      guaranteed under the section 502 guarantee program was $34,124."

         MAXIMUM LEVEL FOR RURAL SINGLE FAMILY HOUSING ASSISTANCE     
      Pub. L. 108-447, div. A, title VII, Sec. 765, Dec. 8, 2004, 118
    Stat. 2847, provided that: "Notwithstanding any other provision of
    law, for any fiscal year and hereafter, in the case of a high cost
    isolated rural area in Alaska that is not connected to a road
    system, the maximum level for the single family housing assistance
    shall be 150 percent of the average income level in the
    metropolitan areas of the State and 115 percent of all other
    eligible areas of the State."
      Similar provisions were contained in the following appropriation
    acts:
      Pub. L. 109-97, title VII, Sec. 754(3), Nov. 10, 2005, 119 Stat.
    2157.
      Pub. L. 108-199, div. A, title VII, Sec. 763, Jan. 23, 2004, 118
    Stat. 39.

                         FEE FOR GUARANTEED LOANS                     
      Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 739], Oct. 28, 2000,
    114 Stat. 1549, 1549A-34, provided that: "Hereafter,
    notwithstanding section 502(h)(7) of the Housing Act of 1949 (42
    U.S.C. 1472(h)(7)), the fee collected by the Secretary of
    Agriculture with respect to a guaranteed loan under such section
    502(h) at the time of the issuance of such guarantee may be in an
    amount equal to not more than 2 percent of the principal obligation
    of the loan."

                        INCOME LIMIT FOR BORROWERS                    
      Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 751], Oct. 28, 2000,
    114 Stat. 1549, 1549A-41, provided that: "Hereafter, the Secretary
    of Agriculture shall consider any borrower whose income does not
    exceed 115 percent of the median family income of the United States
    as meeting the eligibility requirements for a borrower contained in
    section 502(h)(2) of the Housing Act of 1949 (42 U.S.C.
    1472(h)(2))."

            RURAL HOUSING LOAN GUARANTEES; FINDINGS AND PURPOSE        
      Section 706(a) of Pub. L. 101-625 provided that:
      "(1) Findings. - The Congress finds that - 
        "(A) the Federal Government should encourage support for
      homeownership through nonsubsidized mortgage loans guaranteed by
      the Secretary of Agriculture for the purchase of modest homes
      located in rural areas and small communities of the country that
      are not adequately served by private conventional, federally
      insured, or guaranteed mortgage credit providers; and
        "(B) many rural areas contain disproportionate amounts of
      substandard housing in need of repair, but lack the necessary
      funding and support to modernize such housing through
      preservation.
      "(2) Purpose. - The purpose of this section [amending this
    section and section 1701x of Title 12, Banks and Banking, and
    enacting provisions set out above] is to expand homeownership
    opportunities to low- and moderate-income residents of rural areas
    of the country through the establishment of guaranteed rural
    housing loans to be made available in rural locations where there
    is an insufficient availability of mortgage financing from other
    sources."

                RURAL HOUSING GUARANTEED LOAN DEMONSTRATION            
      Section 304 of Pub. L. 100-242, as amended by Pub. L. 100-628,
    title X, Sec. 1041(a), (b), Nov. 7, 1988, 102 Stat. 3272, provided
    for establishment by Secretary of Agriculture of a rural housing
    guaranteed loan demonstration to provide guaranteed loans in
    accordance with section 1487(d) of this title and last sentence of
    section 1490(a)(1)(A) of this title, authorized amount available
    for such loans, established loan criteria, directed Secretary to
    submit to Congress, as soon as practicable after Sept. 30, 1989, an
    interim report setting forth findings and recommendations as a
    result of the demonstration and a final report on such findings and
    recommendations as soon as practicable after Sept. 30, 1991,
    prohibited Secretary from providing any guaranteed loans after
    Sept. 30, 1991, except pursuant to a commitment entered into on or
    before such date, and excluded applicability of subsec. (d) of this
    section and second sentence of section 1487(e) of this title to
    loan demonstration.

         PROHIBITION ON ACCEPTANCE OF PREPAYMENT OF CERTAIN LOANS     
      Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 428, as amended
    by Pub. L. 100-122, Sec. 2(d), Sept. 30, 1987, 101 Stat. 793; Pub.
    L. 100-154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100-170, Nov. 17,
    1987, 101 Stat. 914; Pub. L. 100-179, Dec. 3, 1987, 101 Stat. 1018;
    Pub. L. 100-200, Dec. 21, 1987, 101 Stat. 1327, provided that: "The
    limitations on loan prepayments contained in section 634 of the
    Agriculture, Rural Development, and Related Agencies Appropriations
    Act, 1987 [section 101(a) [title VI, Sec. 634] of Pub. L. 99-500
    and 99-591, set out below] shall remain in effect through March 15,
    1988."
      Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 634], Oct. 18, 1986,
    100 Stat. 1783, 1783-34, and Pub. L. 99-591, Sec. 101(a) [title VI,
    Sec. 634], Oct. 30, 1986, 100 Stat. 3341, 3341-34, provided that:
    "Notwithstanding any other provision of law, including section
    502(c)(2) of the Housing Act of 1949 (42 U.S.C. 1471 et seq.)
    [subsec. (c)(2) of this section], none of the funds appropriated
    under this or any other Act shall be used prior to June 30, 1987 to
    accept prepayment of any loan made under section 515 of the Housing
    Act of 1949 [section 1485 of this title], unless such loan was made
    at least twenty years prior to the date of prepayment or, for loans
    made before December 21, 1979, the Secretary makes a determination
    that a supply of adequate, comparable housing is available in the
    community, or that prepayment of such loans will not result in a
    substantial increase in rents to tenants in residence upon date of
    prepayment or displacement of such tenants."

      STUDY AND REPORT OF COMPARISON OF CONSTRUCTION COSTS AND ENERGY
          SAVINGS BETWEEN MANUFACTURED HOMES BUILT UNDER NATIONAL
           MANUFACTURED HOUSING SAFETY STANDARDS AND OTHER HOMES
      Section 503(b) of Pub. L. 98-181 provided that: "Within 18 months
    from the issuance by the Secretary of Agriculture of regulations
    under section 502(e)(2) of the Housing Act of 1949 [subsec. (e)(2)
    of this section], the Secretary of Energy, in consultation with the
    Secretary of Housing and Urban Development and the Secretary of
    Agriculture, shall conduct a study and transmit to the Congress a
    report that compares the increased construction costs, actual
    annual energy use, and the projected value of energy saved over the
    expected life of the home or the mortgage term, whichever is
    shorter, of manufactured homes which are financed under titles I
    and II of the National Housing Act [12 U.S.C. 1702 et seq., 1707 et
    seq.], or under title V of the Housing Act of 1949 [this
    subchapter] and which are built according to national manufactured
    housing safety standards with other homes insured under either such
    Act."

       STUDY AND REPORT TO CONGRESS OF ADVERSE EFFECTS ON HOUSING OF
                            PREPAYMENT OF LOANS
      Section 514(b) of Pub. L. 96-399 required Secretary of
    Agriculture to conduct a study of, and report to Congress not later
    than 6 months after Oct. 8, 1980, on any adverse effects the
    amendments made by subsection (a) [amending this section] may have
    on housing, particularly for the elderly and persons of low income.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be subsection "(h)(8)".


-End-



-CITE-
    42 USC Sec. 1473                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1473. Loans for housing and buildings on potentially adequate
      farms; conditions and terms

-STATUTE-
      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 applicant's 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 borrower's 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 borrower's 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 borrower's 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 503, 63 Stat. 434; Pub. L.
    95-598, title III, Sec. 329, Nov. 6, 1978, 92 Stat. 2679.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-598 inserted introductory phrase "Except as
    provided in title 11".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.

-End-



-CITE-
    42 USC Sec. 1474                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1474. Loans and grants for repairs or improvements of rural
      dwellings

-STATUTE-
    (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 Investment Act of 1998 [29
    U.S.C. 2801 et seq.] or the Older American Community Service
    Employment Act [42 U.S.C. 3056 et seq.],(!1) 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].

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 504, 63 Stat. 434; Pub. L.
    87-723, Sec. 4(c)(3), Sept. 28, 1962, 76 Stat. 672; Pub. L. 89-754,
    title VIII, Sec. 803, Nov. 3, 1966, 80 Stat. 1282; Pub. L. 91-609,
    title VIII, Sec. 803(a), Dec. 31, 1970, 84 Stat. 1806; Pub. L. 93-
    383, title V, Sec. 504, Aug. 22, 1974, 88 Stat. 693; Pub. L. 95-
    619, title II, Sec. 232(a), Nov. 9, 1978, 92 Stat. 3226; Pub. L.
    96-153, title V, Sec. 510, Dec. 21, 1979, 93 Stat. 1137; Pub. L. 98-
    181, title V, Sec. 504, Nov. 30, 1983, 97 Stat. 1242; Pub. L. 105-
    277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(32), (f)(24)],
    Oct. 21, 1998, 112 Stat. 2681-337, 2681-425, 2681-433; Pub. L. 106-
    569, title VII, Sec. 702, Dec. 27, 2000, 114 Stat. 3013.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2809 of this title, referred to in subsec. (c)(1), was
    repealed by Pub. L. 97-35, title VI, Sec. 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. 94-385, Aug.
    14, 1976, 90 Stat. 1150, as amended. Part A of the Energy
    Conservation in Existing Buildings Act of 1976 is classified
    generally to Part A (Sec. 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 Investment Act of 1998, referred to in subsec.
    (c)(3), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
    amended. Title I of the Act is classified principally to chapter 30
    (Sec. 2801 et seq.) of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    9201 of Title 20, Education, and Tables.
      The Older American Community Service Employment Act, referred to
    in subsec. (c)(3), was title V of Pub. L. 89-73, as added Pub. L.
    94-135, title I, Sec. 113(a), Nov. 28, 1975, 89 Stat. 720, and
    amended. Title V of Pub. L. 89-73 was amended generally and renamed
    the Community Service Senior Opportunities Act by Pub. L. 109-365,
    title V, Sec. 501, Oct. 17, 2006, 120 Stat. 2563, and is classified
    generally to subchapter IX (Sec. 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.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-569 substituted "$7,500" for
    "$2,500" in fourth sentence.
      1998 - Subsec. (c)(3). Pub. L. 105-277, Sec. 101(f) [title VIII,
    Sec. 405(f)(24)], struck out "the Job Training Partnership Act or"
    after "pursuant to".
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 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. 98-181 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. 96-153 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. 95-619 added subsec. (c).
      1974 - Subsec. (a). Pub. L. 93-383 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. 91-609 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. 89-754 increased limitation on
    assistance from $1,000 to $1,500.
      1962 - Subsec. (a). Pub. L. 87-723 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."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(32)] of Pub.
    L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
    [title VIII, Sec. 405(f)(24)] of Pub. L. 105-277 effective July 1,
    2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of
    Pub. L. 105-277, set out as a note under section 3502 of Title 5,
    Government Organization and Employees.

                     COMMUNITY SERVICES ADMINISTRATION                 
      Community 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. 88-452,
    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. 97-35, 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. 97-35 (42 U.S.C. 9905).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 1474a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1474a. Security for direct or insured rural housing loans to
      farmer applicants

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 90-463, title II, Sec. 201, Aug. 8, 1968, 82 Stat. 651.)

-COD-
                               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.

-End-



-CITE-
    42 USC Sec. 1475                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1475. Loan payment moratorium and foreclosure procedures

-STATUTE-
    (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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 505, 63 Stat. 434; Pub. L.
    101-625, title VII, Sec. 707, Nov. 28, 1990, 104 Stat. 4287.)


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-625 amended section catchline generally,
    designated existing provisions as subsec. (a) and inserted heading,
    and added subsec. (b).

-End-



-CITE-
    42 USC Sec. 1476                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1476. Buildings and repairs

-STATUTE-
    (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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 506, 63 Stat. 435; Pub. L.
    87-70, title VIII, Secs. 804(b)(1), 805(a), June 30, 1961, 75 Stat.
    188; Pub. L. 87-723, Sec. 4(c)(2), Sept. 28, 1962, 76 Stat. 672;
    Pub. L. 88-560, title V, Sec. 503(c), Sept. 2, 1964, 78 Stat. 798;
    Pub. L. 89-117, title X, Sec. 1005(d), Aug. 10, 1965, 79 Stat. 501;
    Pub. L. 89-348, Sec. 1(5), Nov. 8, 1965, 79 Stat. 1310; Pub. L. 93-
    383, title V, Secs. 506, 519(a), Aug. 22, 1974, 88 Stat. 694, 699;
    Pub. L. 95-128, title V, Sec. 510, Oct. 12, 1977, 91 Stat. 1142;
    Pub. L. 95-557, title V, Sec. 502, Oct. 31, 1978, 92 Stat. 2111;
    Pub. L. 98-181, title V, Sec. 505, Nov. 30, 1983, 97 Stat. 1242;
    Pub. L. 104-66, title I, Sec. 1011(m), Dec. 21, 1995, 109 Stat.
    710.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (e), is act July 15, 1949, ch.
    338, 63 Stat. 413, as amended, known as the Housing Act of 1949,
    which is classified principally to this chapter (Sec. 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.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (b). Pub. L. 104-66 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. 98-181 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. 95-557, Sec. 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. 95-557, Sec. 502(b), added subsec. (f).
      1977 - Subsec. (d). Pub. L. 95-128 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. 93-383, Sec. 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. 93-383, Sec. 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. 93-383, Sec. 506(b), substituted "rural
    housing" for "farm housing" wherever appearing.
      1965 - Subsec. (a). Pub. L. 89-117 substituted "this subchapter"
    for "sections 1471 to 1474 and sections 1484 to 1486 of this title"
    wherever appearing.
      Subsec. (e). Pub. L. 89-348, 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. 87-70.
      1964 - Subsec. (a). Pub. L. 88-560 inserted reference to section
    1486 of this title wherever appearing.
      1962 - Subsec. (a). Pub. L. 87-723 substituted "sections 1484 and
    1485" for "section 1484" wherever appearing.
      1961 - Subsec. (a). Pub. L. 87-70, Secs. 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. 87-70, Sec. 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).

            STUDY OF EMERGENCY POTABLE WATER AND SEWAGE PROGRAM        
      Section 508 of Pub. L. 95-557 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 NEEDS        
      Pub. L. 89-348, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1477                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1477. Preferences for veterans and families of deceased
      servicemen

-STATUTE-
      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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 507, 63 Stat. 435; June 30,
    1953, ch. 174, Sec. 3, 67 Stat. 132; Pub. L. 87-70, title VIII,
    Sec. 804(b)(2), June 30, 1961, 75 Stat. 188; Pub. L. 93-383, title
    V, Sec. 507, Aug. 22, 1974, 88 Stat. 694.)


-MISC1-
                                AMENDMENTS                            
      1974 - Pub. L. 93-383 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. 87-70 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.

                   PERIOD OF SERVICE IN MILITARY FORCES               
      Proc. 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.

                        CONTINUATION OF PROVISIONS                    
      Joint Res. July 3, 1952, ch. 570, Sec. 1(a)(20), 66 Stat. 332, as
    amended by Joint Res. Mar. 31, 1953, ch. 13, Sec. 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
    Appendix to 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 SECTION              
      Section 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.

-End-



-CITE-
    42 USC Sec. 1478                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1478. Local committees to assist Secretary

-STATUTE-
    (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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 508, 63 Stat. 436; Pub. L.
    87-70, title VIII, Sec. 806, June 30, 1961, 75 Stat. 188; Pub. L.
    91-609, title VIII, Sec. 803(b), Dec. 31, 1970, 84 Stat. 1807; Pub.
    L. 93-383, title V, Sec. 508, Aug. 22, 1974, 88 Stat. 694.)


-MISC1-
                                AMENDMENTS                            
      1974 - Subsec. (b). Pub. L. 93-383 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. 91-609 substituted "may" for "shall"
    in first and second sentences where reading "shall examine", "shall
    submit", and "shall also certify".
      1961 - Subsec. (a). Pub. L. 87-70, Sec. 806(a), substituted "at
    the rate determined by the Secretary" for "at the rate of $5 per
    day".
      Subsec. (b). Pub. L. 87-70, Sec. 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".

-End-



-CITE-
    42 USC Sec. 1479                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1479. General powers of Secretary

-STATUTE-
    (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. 1735f-4] 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 latter's 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 509, 63 Stat. 436; Pub. L.
    95-128, title V, Sec. 504, Oct. 12, 1977, 91 Stat. 1139; Pub. L. 96-
    153, title V, Sec. 508, Dec. 21, 1979, 93 Stat. 1136; Pub. L. 98-
    181, title V, Sec. 506(a), Nov. 30, 1983, 97 Stat. 1242; Pub. L.
    101-625, title VII, Secs. 708, 709(b), Nov. 28, 1990, 104 Stat.
    4287, 4288; Pub. L. 102-550, title VII, Sec. 705, Oct. 28, 1992,
    106 Stat. 3835; Pub. L. 104-120, Sec. 4(a), Mar. 28, 1996, 110
    Stat. 835; Pub. L. 104-180, title VII, Sec. 734(b), Aug. 6, 1996,
    110 Stat. 1602; Pub. L. 105-86, title VII, Sec. 735(a), Nov. 18,
    1997, 111 Stat. 2110; Pub. L. 105-276, title V, Sec. 599C(a),
    (e)(2)(B), Oct. 21, 1998, 112 Stat. 2661, 2662.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Housing Act, referred to in subsec. (a), is act June
    27, 1934, ch. 847, 48 Stat. 1246, as amended. Title II of the
    National Housing Act is classified principally to subchapter II
    (Sec. 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.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (f)(4)(A). Pub. L. 105-276, 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. 105-86 substituted "fiscal year
    1998" for "fiscal year 1997".
      1996 - Subsec. (f)(4)(A). Pub. L. 104-180 substituted "fiscal
    year 1997" for "fiscal year 1996".
      Pub. L. 104-120 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. 102-550, Sec. 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. 102-550, Sec. 705(a)(2), inserted
    concluding provisions.
      Subsec. (f)(4)(A). Pub. L. 102-550, Sec. 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. 102-550, Sec. 705(c), inserted ",
    or in close proximity to, and serving the residents of," before "a
    colonia".
      Subsec. (f)(8)(C) to (E). Pub. L. 102-550, Sec. 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. 101-625, Sec. 708, added
    subsec. (d) and redesignated former subsec. (d) as (e).
      Subsec. (f). Pub. L. 101-625, Sec. 709(b), added subsec. (f).
      1983 - Subsec. (a). Pub. L. 98-181 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. 96-153 substituted "within thirty-six
    months after October 12, 1977" for "within eighteen months after
    October 12, 1977".
      1977 - Subsecs. (c), (d). Pub. L. 95-128 added subsecs. (c) and
    (d).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-120 to be construed to have become
    effective Oct. 1, 1995, see section 13(a) of Pub. L. 104-120, set
    out as an Effective and Termination Dates of 1996 Amendments note
    under section 1437d of this title.

                                REGULATIONS                            
      Section 709(c) of Pub. L. 101-625 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 AREAS                   
      Section 709(a) of Pub. L. 101-625 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 ADMINISTRATION
      Pub. L. 100-202, Sec. 101(k) [title VI, Sec. 632], Dec. 22, 1987,
    101 Stat. 1329-322, 1329-356, 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."

-End-



-CITE-
    42 USC Sec. 1480                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1480. Administrative powers of Secretary

-STATUTE-
      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 5 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
      Administration's 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 510, 63 Stat. 437; Pub. L.
    94-375, Sec. 25(c), Aug. 3, 1976, 90 Stat. 1078; Pub. L. 95-557,
    title V, Sec. 503, Oct. 31, 1978, 92 Stat. 2112; Pub. L. 96-153,
    title V, Sec. 507, Dec. 21, 1979, 93 Stat. 1136; Pub. L. 96-399,
    title V, Secs. 508, 510, Oct. 8, 1980, 94 Stat. 1670, 1671; Pub. L.
    98-181, title V, Sec. 507, Nov. 30, 1983, 97 Stat. 1243; Pub. L. 98-
    479, title I, Sec. 105(c), Oct. 17, 1984, 98 Stat. 2227; Pub. L.
    100-242, title III, Sec. 313, Feb. 5, 1988, 101 Stat. 1897; Pub. L.
    100-628, title X, Sec. 1045, Nov. 7, 1988, 102 Stat. 3273; Pub. L.
    101-625, title VII, Secs. 710, 711, Nov. 28, 1990, 104 Stat. 4291.)


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (e)(3). Pub. L. 101-625, Sec. 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. 101-625, Sec. 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. 100-242 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. 100-628 inserted before semicolon at end ";
    except that - " and added pars. (1) and (2).
      1984 - Subsec. (e). Pub. L. 98-479 substituted "; such" and ";
    where" for ". Such" and ". Where", respectively.
      1983 - Subsec. (e). Pub. L. 98-181, Sec. 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. 98-181, Sec. 507(b), added subsec. (j)
    and redesignated former subsec. (j) as (k).
      1980 - Subsec. (e)(1). Pub. L. 96-399, Sec. 508, inserted
    provisions respecting cost-effective energy conservation standards
    prescribed under section 1479(a) of this title.
      Subsec. (h). Pub. L. 96-399, Sec. 510, inserted provisions
    respecting subsequent loans to permit necessary dwelling repairs
    and rehabilitation.
      1979 - Subsec. (e). Pub. L. 96-153 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. 95-557 added subsec. (g) and
    redesignated former subsecs. (g), (h), and (i) as (h), (i), and
    (j), respectively.
      1976 - Subsecs. (f) to (i). Pub. L. 94-375 added subsecs. (f) and
    (g) and redesignated former subsecs. (f) and (g) as (h) and (i),
    respectively.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of reporting provisions
    in subsec. (d)(2) of this section, see section 3003 of Pub. L. 104-
    66, 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. 103-7.

                 STUDY OF PROBLEMS CAUSED BY REMOTE CLAIMS             
      Section 509 of Pub. L. 95-557 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.

-End-



-CITE-
    42 USC Sec. 1481                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1481. Issuance of notes and obligations for loan funds;
      amount; limitation; security; form and denomination; interest;
      purchase and sale by Treasury; public debt transaction

-STATUTE-
      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 Secretary's 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 511, 63 Stat. 438; July 14,
    1952, ch. 723, Sec. 11(a), 66 Stat. 604; June 29, 1954, ch. 410,
    Sec. 5(a), 68 Stat. 320; Aug. 2, 1954, ch. 649, title VIII, Sec.
    812(a), 68 Stat. 647; Aug. 11, 1955, ch. 783, title V, Sec. 501(1),
    69 Stat. 654; Aug. 7, 1956, ch. 1029, title VI, Sec. 606(a), 70
    Stat. 1114; Pub. L. 87-70, title VIII, Secs. 801(c), 802, June 30,
    1961, 75 Stat. 186; Pub. L. 87-723, Sec. 4(c)(1), Sept. 28, 1962,
    76 Stat. 672; Pub. L. 88-560, title V, Sec. 501(a), Sept. 2, 1964,
    78 Stat. 796; Pub. L. 89-117, title X, Sec. 1003(b), Aug. 10, 1965,
    79 Stat. 500; Pub. L. 98-181, title V, Sec. 508, Nov. 30, 1983, 97
    Stat. 1243; Pub. L. 98-479, title II, Sec. 203(d)(4), Oct. 17,
    1984, 98 Stat. 2229.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-479 substituted "chapter 31 of title 31" for
    "the Second Liberty Bond Act, as amended" and "such chapter" for
    "such Act".
      1983 - Pub. L. 98-181 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. 89-117 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. 88-560 substituted "September 30, 1965" for "June
    30, 1965", and "$850,000,000" for "$700,000,000".
      1962 - Pub. L. 87-723 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. 87-70 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.

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Section 606(d) of act Aug. 7, 1956, provided that: "This section
    [amending this section and sections 1482 and 1483 of this title]
    shall take effect as of July 1, 1956."

-End-



-CITE-
    42 USC Sec. 1482                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1482. Repealed.

-MISC1-
    Sec. 1482. Repealed. Pub. L. 98-181, title V, Sec. 509, Nov. 30,
      1983, 97 Stat. 1243.
      Section, acts July 15, 1949, ch. 338, title V, Sec. 512, 63 Stat.
    438; July 14, 1952, ch. 723, Sec. 11(b), 66 Stat. 604; June 29,
    1954, ch. 410, Sec. 5(b), 68 Stat. 320; Aug. 2, 1954, ch. 649,
    title VIII, Sec. 812(b), 68 Stat. 647; Aug. 11, 1955, ch. 783,
    title V, Sec. 501(2), 69 Stat. 654; Aug. 7, 1956, ch. 1029, title
    VI, Sec. 606(b), 70 Stat. 1114; June 30, 1961, Pub. L. 87-70, title
    VIII, Sec. 801(c), 75 Stat. 186; Sept. 4, 1964, Pub. L. 88-560,
    title V, Sec. 501(b), 78 Stat. 796; Aug. 10, 1965, Pub. L. 89-117,
    title X, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1483                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1483. Program levels and authorizations

-STATUTE-
    (a) In general
      (1) The Secretary may, to the extent approved in appropriation
    Acts, insure and guarantee loans under this subchapter during
    fiscal years 1993 and 1994, in aggregate amounts not to exceed
    $2,446,855,600 and $2,549,623,535, respectively, as follows:
        (A) For insured or guaranteed loans under section 1472 of this
      title on behalf of low-income borrowers receiving assistance
      under section 1490a(a)(1) of this title, $1,676,484,000 for
      fiscal year 1993 and $1,746,896,328 for fiscal year 1994.
        (B) For guaranteed loans under section 1472(h) of this title on
      behalf of low- and moderate-income borrowers, such sums as may be
      appropriated for fiscal years 1993 and 1994.
        (C) For loans under section 1474 of this title, $12,400,000 for
      fiscal year 1993 and $12,920,800 for fiscal year 1994.
        (D) For insured loans under section 1484 of this title,
      $16,821,600 for fiscal year 1993 and $17,528,107 for fiscal year
      1994.
        (E) For insured loans under section 1485 of this title,
      $739,500,000 for fiscal year 1993 and $770,559,000 for fiscal
      year 1994.
        (F) For loans under section 1490c(b)(1)(B) of this title,
      $800,000 for fiscal year 1993 and $833,600 for fiscal year 1994.
        (G) For site loans under section 1490d of this title, $850,000
      for fiscal year 1993 and $885,700 for fiscal year 1994.

      (2) Notwithstanding any other provision of law, insured and
    guaranteed loan authority authorized in this subchapter for any
    fiscal year beginning after September 30, 1984, shall not be
    transferred or used for any purpose not specified in this
    subchapter.
    (b) Authorization of appropriations
      There are authorized to be appropriated for fiscal years 1993 and
    1994, and to remain available until expended, the following
    amounts:
        (1) For grants under section 1472(f)(1) of this title,
      $1,100,000 for fiscal year 1993 and $1,146,200 for fiscal year
      1994.
        (2) For grants under section 1474 of this title, $21,100,000
      for fiscal year 1993 and $21,986,200 for fiscal year 1994.
        (3) For purposes of section 1479(c) of this title, $600,000 for
      fiscal year 1993 and $625,200 for fiscal year 1994.
        (4) For project preparation grants under section 1479(f)(6) of
      this title, $5,300,000 in fiscal year 1993 and $5,522,600 in
      fiscal year 1994.
        (5) In fiscal years 1993 and 1994, such sums as may be
      necessary to meet payments on notes or other obligations issued
      by the Secretary under section 1481 of this title equal to - 
          (A) the aggregate of the contributions made by the Secretary
        in the form of credits on principal due on loans made pursuant
        to section 1473 of this title; and
          (B) the interest due on a similar sum represented by notes or
        other obligations issued by the Secretary.

        (6) For grants for service coordinators under section 1485(y)
      of this title, $1,000,000 in fiscal year 1993 and $1,042,000 in
      fiscal year 1994.
        (7) For financial assistance under section 1486 of this title -
      
          (A) for low-rent housing and related facilities for domestic
        farm labor under subsections (a) through (j) of such section,
        $21,700,000 for fiscal year 1993 and $22,611,400 for fiscal
        year 1994; and
          (B) for housing for rural homeless and migrant farmworkers
        under subsection (k) of such section, $10,500,000 for fiscal
        year 1993 and $10,941,000 for fiscal year 1994.

        (8) For grants under section 1490c(f) (!1) of this title,
      $13,900,000 for fiscal year 1993 and $14,483,800 for fiscal year
      1994.

        (9) For grants under section 1490m of this title, $30,800,000
      for fiscal year 1993 and $32,093,600 for fiscal year 1994.
    (c) Rental assistance
      (1) The Secretary, to the extent approved in appropriations Acts
    for fiscal years 1993 and 1994, may enter into rental assistance
    payment contracts under section 1490a(a)(2)(A) of this title
    aggregating $414,100,000 for fiscal year 1993 and $431,492,200 for
    fiscal year 1994.
      (2) Any authority approved in appropriation Acts for fiscal year
    1988 or any succeeding fiscal year for rental assistance payment
    contracts under section 1490a(a)(2)(A) of this title or contracts
    for operating assistance under section 1490a(a)(5) of this title
    shall be used by the Secretary - 
        (A) to renew rental assistance payment contracts or operating
      assistance contracts that expire during such fiscal year;
        (B) to provide amounts required to continue assistance payments
      for the remaining period of an existing contract, in any case in
      which the original amount of assistance is used prior to the end
      of the term of the contract; and
        (C) to make additional rental assistance payment contracts or
      operating assistance contracts for existing or newly constructed
      dwelling units.
    (d) Supplemental rental assistance contracts
      The Secretary, to the extent approved in appropriations Acts for
    fiscal years 1993 and 1994, may enter into 5-year supplemental
    rental assistance contracts under section 1472(c)(5)(D) of this
    title aggregating $12,178,000 for fiscal year 1993 and $12,689,476
    for fiscal year 1994.
    (e) Authorization of appropriations
      There are authorized to be appropriated for rural housing
    vouchers under section 1490r of this title, $130,000,000 for fiscal
    year 1993 and $140,000,000 for fiscal year 1994.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 513, 63 Stat. 438; July 14,
    1952, ch. 723, Sec. 11(c), 66 Stat. 604; June 29, 1954, ch. 410,
    Sec. 5(c), 68 Stat. 320; Aug. 2, 1954, ch. 649, title VIII, Sec.
    812(c), 68 Stat. 647; Aug. 11, 1955, ch. 783, title V, Sec. 501(3),
    69 Stat. 654; Aug. 7, 1956, ch. 1029, title VI, Sec. 606(c), 70
    Stat. 1115; Pub. L. 87-70, title VIII, Secs. 801(c), 805(b), June
    30, 1961, 75 Stat. 186, 188; Pub. L. 88-560, title V, Secs. 501(c),
    503(b), Sept. 2, 1964, 78 Stat. 796, 798; Pub. L. 89-117, title X,
    Sec. 1005(b), Aug. 10, 1965, 79 Stat. 501; Pub. L. 90-448, title X,
    Sec. 1003, Aug. 1, 1968, 82 Stat. 553; Pub. L. 91-78, Sec. 1, Sept.
    30, 1969, 83 Stat. 125; Pub. L. 91-152, title IV, Sec. 413(a), Dec.
    24, 1969, 83 Stat. 398; Pub. L. 93-117, Sec. 13(a), Oct. 2, 1973,
    87 Stat. 423; Pub. L. 93-383, title V, Sec. 509(a), Aug. 22, 1974,
    88 Stat. 694; Pub. L. 95-60, Sec. 4(a), June 30, 1977, 91 Stat.
    258; Pub. L. 95-80, Sec. 4(a), July 31, 1977, 91 Stat. 340; Pub. L.
    95-128, title V, Sec. 501(a), Oct. 12, 1977, 91 Stat. 1138; Pub. L.
    95-406, Sec. 7(a), Sept. 30, 1978, 92 Stat. 880; Pub. L. 95-557,
    title V, Sec. 501(a)-(c), Oct. 31, 1978, 92 Stat. 2110, 2111; Pub.
    L. 95-619, title II, Sec. 232(b), Nov. 9, 1978, 92 Stat. 3227; Pub.
    L. 96-71, Sec. 5(a), Sept. 28, 1979, 93 Stat. 502; Pub. L. 96-105,
    Sec. 5(a), Nov. 8, 1979, 93 Stat. 795; Pub. L. 96-153, title V,
    Sec. 501(a), Dec. 21, 1979, 93 Stat. 1132; Pub. L. 96-372, Sec.
    6(a), Oct. 3, 1980, 94 Stat. 1364; Pub. L. 96-399, title V, Sec.
    501(a), Oct. 8, 1980, 94 Stat. 1667; Pub. L. 97-35, title III, Sec.
    351(a), Aug. 13, 1981, 95 Stat. 420; Pub. L. 98-181, title V, Sec.
    511(a), Nov. 30, 1983, 97 Stat. 1243; Pub. L. 98-479, title I, Sec.
    105(d), Oct. 17, 1984, 98 Stat. 2227; Pub. L. 99-272, title III,
    Sec. 3005, Apr. 7, 1986, 100 Stat. 103; Pub. L. 100-242, title III,
    Sec. 301(a)-(d), (g), Feb. 5, 1988, 101 Stat. 1891-1893; Pub. L.
    101-625, title VII, Sec. 701(a)-(d), Nov. 28, 1990, 104 Stat. 4281,
    4282; Pub. L. 102-550, title VII, Sec. 701(a)-(d), (f), Oct. 28,
    1992, 106 Stat. 3832-3834; Pub. L. 105-276, title V, Sec.
    599C(e)(2)(C), Oct. 21, 1998, 112 Stat. 2662.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1490c(f) of this title, referred to in subsec. (b)(8),
    was repealed by Pub. L. 102-550, title VII, Sec. 710(2), Oct. 28,
    1992, 106 Stat. 3840.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c)(2). Pub. L. 105-276, Sec. 599C(e)(2)(C)(i),
    inserted "or contracts for operating assistance under section
    1490a(a)(5) of this title" after "section 1490a(a)(2)(A) of this
    title" in introductory provisions.
      Subsec. (c)(2)(A). Pub. L. 105-276, Sec. 599C(e)(2)(C)(ii),
    inserted "or operating assistance contracts" after "contracts".
      Subsec. (c)(2)(B). Pub. L. 105-276, Sec. 599C(e)(2)(C)(iii),
    struck out "rental" before "assistance" in two places.
      Subsec. (c)(2)(C). Pub. L. 105-276, Sec. 599C(e)(2)(C)(iv),
    inserted "or operating assistance contracts" after "contracts".
      1992 - Subsec. (a). Pub. L. 102-550, Sec. 701(a), inserted
    heading and amended par. (1) generally, substituting provisions
    relating to aggregate amounts for which Secretary may insure and
    guarantee loans for fiscal years 1993 and 1994 for provisions
    authorizing aggregate amounts for fiscal years 1991 and 1992.
      Subsec. (b). Pub. L. 102-550, Sec. 701(b), amended subsec. (b)
    generally, inserting heading and substituting provisions
    authorizing appropriations for fiscal years 1993 and 1994 for
    provisions authorizing appropriations for fiscal years 1991 and
    1992.
      Subsec. (c). Pub. L. 102-550, Sec. 701(c), inserted heading and
    amended par. (1) generally. Prior to amendment, par. (1) read as
    follows: "The Secretary, to the extent approved in appropriation
    Acts for fiscal years 1991 and 1992, may enter into rental
    assistance payment contracts under section 1490a(a)(2)(A) of this
    title aggregating $397,000,000 for fiscal year 1991 and
    $414,100,000 for fiscal year 1992."
      Subsec. (d). Pub. L. 102-550, Sec. 701(d), inserted heading and
    amended text generally. Prior to amendment, text read as follows:
    "The Secretary, to the extent approved in appropriation Acts for
    fiscal years 1991 and 1992, may enter into 5-year supplemental
    rental assistance contracts under section 1472(c)(5)(D) of this
    title aggregating $5,200,000 for fiscal year 1991 and $5,500,000
    for fiscal year 1992."
      Subsec. (e). Pub. L. 102-550, Sec. 701(f), amended subsec. (e)
    generally, substituting present provisions for provisions
    authorizing a demonstration rural housing voucher program during
    fiscal years 1988 and 1989. See section 1490r of this title.
      1990 - Subsec. (a)(1). Pub. L. 101-625, Sec. 701(a), amended par.
    (1) generally, substituting provisions relating to aggregate
    amounts for which Secretary may insure and guarantee loans for
    fiscal years 1991 and 1992 for provisions authorizing aggregate
    amounts for fiscal years 1988 and 1989.
      Subsec. (b). Pub. L. 101-625, Sec. 701(b), amended subsec. (b)
    generally, substituting provisions authorizing appropriations for
    fiscal years 1991 and 1992 for provisions authorizing
    appropriations for fiscal years 1988 and 1989.
      Subsec. (c)(1). Pub. L. 101-625, Sec. 701(c), amended par. (1)
    generally, substituting provisions authorizing appropriations for
    rental assistance payment contracts for fiscal years 1991 and 1992
    for provisions authorizing appropriations for such contracts for
    fiscal years 1988 and 1989.
      Subsec. (d). Pub. L. 101-625, Sec. 701(d), amended subsec. (d)
    generally, substituting provisions authorizing supplemental rental
    assistance contracts aggregating $5,200,000 for fiscal year 1991
    and $5,500,000 for fiscal year 1992 for provisions authorizing
    contracts aggregating $26,000,000 for fiscal year 1988 and
    $27,534,000 for fiscal year 1989.
      1988 - Subsec. (a)(1). Pub. L. 100-242, Sec. 301(a), amended par.
    (1) generally, substituting provisions relating to the aggregate
    amounts for which the Secretary may insure and guarantee loans for
    fiscal years 1988 and 1989, for provisions authorizing aggregate
    amounts the Secretary may insure and guarantee for fiscal year
    1986.
      Subsec. (b). Pub. L. 100-242, Sec. 301(b), amended subsec. (b)
    generally, substituting provisions authorizing appropriated funds
    for fiscal years 1988 and 1989, for provisions authorizing
    appropriated funds for fiscal years 1984 and 1985.
      Subsec. (c). Pub. L. 100-242, Sec. 301(c), amended subsec. (c)
    generally, substituting provisions authorizing appropriations to
    enter into rental assistance payment contracts for fiscal years
    1988 and 1989, for provisions authorizing appropriations for such
    contracts for fiscal years 1984 and 1985.
      Subsecs. (d), (e). Pub. L. 100-242, Sec. 301(d), (g), added
    subsecs. (d) and (e).
      1986 - Subsec. (a)(1). Pub. L. 99-272 amended par. (1) generally.
    Prior to amendment, par. (1) read as follows: "The Secretary may
    insure and guarantee loans under this subchapter during fiscal
    years 1984 and 1985 in an aggregate amount not to exceed such sums
    as may be approved in an appropriation Act."
      1984 - Subsec. (a). Pub. L. 98-479, Sec. 105(d)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (b)(7). Pub. L. 98-479, Sec. 105(d)(2), substituted
    "1490m of this title" for "1490k of this title".
      1983 - Subsec. (a). Pub. L. 98-181 amended subsec. (a) generally,
    substituting "The Secretary may insure and guarantee loans under
    this subchapter during fiscal years 1984 and 1985 in an aggregate
    amount not to exceed such sums as may be approved in an
    appropriation Act" for "The Secretary may, as approved in
    appropriation Acts, insure and guarantee loans under the
    authorities provided in this subchapter in an aggregate principal
    amount not to exceed $3,700,600,000 with respect to the fiscal year
    ending September 30, 1982; except that - 
        "(1) not less than $3,170,000,000 of any amount so approved in
      appropriation Acts for such year shall be made available for
      loans insured or guaranteed on behalf of borrowers receiving
      assistance pursuant to subparagraph (B) or (C) of section
      1490a(a)(1) of this title;
        "(2) not more than $25,600,000 of such amount so approved for
      such fiscal year may be made available for loans insured under
      section 1484 of this title;
        "(3) not more than $5,000,000 of such amount so approved shall
      be available for making advances under section 1471(e) of this
      title for such fiscal year; and
        "(4) none of such amount shall be available for loans
      guaranteed pursuant to this title on behalf of borrowers who do
      not receive assistance pursuant to subparagraph (B) or (C) of
      section 1490a(a)(1) of this title.
      Subsec. (b). Pub. L. 98-181 amended subsec. (b) generally,
    substituting "There are authorized to be appropriated for fiscal
    years 1984 and 1985 - 
        "(1) such sums as may be necessary for grants pursuant to
      section 1474 of this title;
        "(2) such sums as may be necessary for the purposes of section
      1479(c) of this title;
        "(3) such sums as may be necessary to meet payments on notes or
      other obligations issued by the Secretary under section 1481 of
      this title equal to (A) the aggregate of the contributions made
      by the Secretary in the form of credits on principal due on loans
      made pursuant to section 1473 of this title, and (B) the interest
      due on a similar sum represented by notes or other obligations
      issued by the Secretary;
        "(4) such sums as may be necessary for financial assistance
      pursuant to section 1486 of this title;
        "(5) such sums as may be necessary for the purposes of section
      1490c of this title;
        "(6) such sums as may be necessary for purposes of section
      1490e(a) of this title;
        "(7) not to exceed $100,000,000 for each such year for grants
      under section 1490k of this title; of which 5 per centum shall be
      available for technical assistance; and
        "(8) such sums as may be required by the Secretary to
      administer the provisions of sections 1715z and 1715z-1 of title
      12 and section 1437f of this title"
      for "There are authorized to be appropriated - 
        "(1) such sums as may be necessary to meet payments on notes or
      other obligations issued by the Secretary under section 1481 of
      this title equal to (A) the aggregate of the contributions made
      by the Secretary in the form of credits on principal due on loans
      made pursuant to section 1473 of this title, and (B) the interest
      due on a similar sum represented by notes or other obligations
      issued by the Secretary;
        "(2) not to exceed $50,000,000 for loans and grants pursuant to
      section 1474 of this title for the fiscal year ending September
      30, 1982, of which not more than $25,000,000 shall be available
      for grants;
        "(3) not to exceed $25,000,000 for financial assistance
      pursuant to section 1486 of this title for the fiscal year ending
      September 30, 1982;
        "(4) not to exceed $2,000,000 for the purposes of section
      1490e(a) of this title, of which not less than $1,000,000 shall
      be used for counseling purchasers and delinquent borrowers, for
      the fiscal year ending September 30, 1982;
        "(5) such sums as may be required by the Secretary to
      administer the provisions of sections 1752 and 1752-1 of title 12
      and section 1437f of this title; and
        "(6) not to exceed $2,000,000 for the purposes of section
      1479(c) of this title for the fiscal year ending September 30,
      1982."

      Subsec. (c). Pub. L. 98-181 added subsec. (c).
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 351(a)(1)-(3), in
    introductory text substituted provisions authorizing appropriations
    for the fiscal year ending Sept. 30, 1982, for provisions
    authorizing appropriations for the fiscal year ending Sept. 30,
    1981, in par. (1) substituted "$3,170,000,000" for
    "$3,120,000,000", and in par. (3) substituted "none" for "not more
    than $100,000,000".
      Subsec. (b). Pub. L. 97-35, Sec. 351(a)(4)-(7), in par. (2)
    substituted "$50,000,000" for "$49,000,000" and "1982" for "1981",
    in par. (3) substituted "1982" for "1981", in par. (4) substituted
    "1982" for "1981", and added par. (6).
      1980 - Subsec. (a). Pub. L. 96-399, Sec. 501(a)(1)-(4),
    substituted in introductory clause, provision for $3,797,600,000
    for fiscal year ending Sept. 30, 1981, for provision for
    $4,484,000,000 for fiscal year ending Oct. 15, 1980, in par. (1)
    substituted "$3,120,000,000" for "$3,070,000,000", in par. (2)
    substituted "$25,600,000" for "$38,000,000", and added par. (4).
      Pub. L. 96-372, Sec. 6(a)(1), substituted "October 15, 1980" for
    "September 30, 1980".
      Subsec. (b). Pub. L. 96-399, Sec. 501(a)(5)-(7), in par. (2)
    substituted provision for $49,000,000 for fiscal year ending Sept.
    30, 1981, for provision for $48,000,000 for fiscal year ending
    Sept. 30, 1980, and inserted limitation of $25,000,000 available
    for grants, in par. (3) substituted provision for $25,000,000 for
    fiscal year ending Sept. 30, 1981, for provision for $30,000,000
    for fiscal year ending Oct. 15, 1980, and in par. (4) substituted
    "$2,000,000" for "$1,500,000", "$1,000,000" for "$750,000", "1981"
    for "1980", and struck out "and not to exceed $1,000,000 for the
    purposes of section 1490e(b) of this title" after "borrowers".
      Pub. L. 96-372, Sec. 6(a)(2), substituted "October 15, 1980" for
    "September 30, 1980" in pars. (2) to (4).
      1979 - Pub. L. 96-153 amended section generally, inserted
    authorization of appropriations for fiscal year ending Sept. 30,
    1980 for guaranteeing loans under this subchapter and laid down
    maximum limits for certain programs, authorized appropriation of
    $48,000,000 for fiscal year ending Sept. 30, 1980 for purposes of
    section 1481 of this title, of $30,000,000 for fiscal year ending
    Sept. 30, 1980 for purposes of section 1486 of this title, of
    $1,500,000 for fiscal year ending Sept. 30, 1980 for purposes of
    section 1490e(a) of this title, of $1,000,000 for purposes of
    section 1490e(b) of this title, inserted reference to section 1437f
    of this title, and struck out authorization of appropriations for
    research and study programs.
      Pub. L. 96-105 substituted "November 30, 1979" for "October 31,
    1979" wherever appearing in cls. (b) to (d).
      Pub. L. 96-71 substituted "October 31, 1979" for "September 30,
    1979" wherever appearing in cls. (b) to (d).
      1978 - Pub. L. 95-619 in cl. (b) inserted requirement that not
    less than $25,000,000 of any amount authorized to be appropriated
    for the fiscal year ending Sept. 30, 1979, was to be appropriated
    for the purpose of making grants pursuant to section 1474(c) of
    this title.
      Pub. L. 95-557, inserted in cl. (b) "and not to exceed
    $48,000,000 for the fiscal year ending September 30, 1979", and in
    cl. (c) "and not to exceed $38,000,000 for the fiscal year ending
    September 30, 1979", and substituted in cl. (d) "not to exceed
    $10,000,000 for research and study programs pursuant to subsections
    (b), (c), and (d) of section 1476 of this title for the fiscal year
    ending September 30, 1979" for "not to exceed $250,000 per year for
    research and study programs pursuant to subsection (b), (c), and
    (d) of section 1476 of this title during the period beginning July
    1, 1961, and ending June 30, 1974, and not to exceed $1,000,000 per
    year for such programs during the period beginning October 1, 1974,
    and ending October 31, 1978".
      Pub. L. 95-406 substituted in cls. (b) to (d) "October 31, 1978"
    for "September 30, 1978".
      1977 - Pub. L. 95-128 substituted in cls. (b) to (d) "September
    30, 1978" for "September 30, 1977" and in cls. (b) and (c)
    "$105,000,000" for "$80,000,000".
      Pub. L. 95-80 substituted "September 30, 1977" for "July 31,
    1977" wherever appearing.
      Pub. L. 95-60 substituted "July 31, 1977" for "June 30, 1977"
    wherever appearing.
      1974 - Pub. L. 93-383 in cls. (b) and (c) increased amount from
    $50,000,000 to $80,000,000 and substituted "June 30, 1977" for
    "October 1, 1974", and in cl. (d) substituted "June 30, 1974" for
    "October 1, 1974" and inserted provisions authorizing not to exceed
    $1,000,000 per year during the period beginning October 1, 1974,
    and ending June 30, 1977.
      1973 - Pub. L. 93-117 substituted "October 1, 1974" for "October
    1, 1973" wherever appearing.
      1969 - Pub. L. 91-152 substituted "October 1, 1973" for "January
    1, 1970" wherever appearing.
      Pub. L. 91-78 substituted "January 1, 1970" for "October 1, 1969"
    wherever appearing.
      1968 - Pub. L. 90-448 authorized appropriations of such sums as
    may be required to administer the provisions of sections 1715z and
    1715z-1 of title 12.
      1965 - Pub. L. 89-117 substituted "October 1, 1969" for
    "September 30, 1965" wherever appearing and "$50,000,000" for
    "$10,000,000" in cl. (c) as the maximum allowable appropriation for
    financial assistance pursuant to section 1486 of this title.
      1964 - Pub. L. 88-560 substituted "September 30, 1965" for "June
    30, 1965" wherever appearing, redesignated cls. (c) and (d) as (d)
    and (e), and added cl. (c).
      1961 - Pub. L. 87-70 extended the period for grants and loans
    pursuant to section 1474 (a), (b) of this title from June 30, 1961,
    to June 30, 1965, and authorized appropriations of not more than
    $250,000 per year for research and study programs pursuant to
    subsections (b), (c), and (d) of section 1476 of this title for the
    period beginning July 1, 1961, and ending June 30, 1965.
      1956 - Act Aug. 7, 1956, authorized $50,000,000 for grants and
    loans from July 1, 1956, to June 30, 1961.
      1955 - Act Aug. 11, 1955, authorized an additional $10,000,000 on
    July 1, 1955.
      1954 - Act Aug. 2, 1954, substituted $10,000,000 for the
    authorization of $850,000 (available July 1, 1954) which had been
    authorized by act June 29, 1954.
      Act June 29, 1954, authorized an appropriation of $850,000 to be
    available on July 1, 1954.
      1952 - Act July 14, 1952, authorized an appropriation of
    $10,000,000 to be available on July 1, 1953.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
    371 of Pub. L. 97-35, set out as an Effective Date note under
    section 3701 of Title 12, Banks and Banking.

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Amendment by act Aug. 7, 1956, effective July 1, 1956, see
    section 606(d) of act Aug. 7, 1956, set out as a note under section
    1481 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 1484                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1484. Insurance of loans for housing and related facilities
      for domestic farm labor

-STATUTE-
    (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) of this section 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 (!1) 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. 96-153, title V, Sec. 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 or the handling of such commodities in
      the unprocessed stage, 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;
          (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) of this section 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 514, as added Pub. L. 87-70,
    title VIII, Sec. 804(a), June 30, 1961, 75 Stat. 186; amended Pub.
    L. 88-560, title V, Sec. 502, Sept. 2, 1964, 78 Stat. 796; Pub. L.
    90-448, title X, Sec. 1004, Aug. 1, 1968, 82 Stat. 553; Pub. L. 91-
    609, title VIII, Sec. 801(a)-(c), Dec. 31, 1970, 84 Stat. 1805,
    1806; Pub. L. 95-128, title V, Sec. 505, Oct. 12, 1977, 91 Stat.
    1140; Pub. L. 95-557, title V, Secs. 501(d), 504, Oct. 31, 1978, 92
    Stat. 2111, 2112; Pub. L. 96-153, title V, Sec. 501(b), Dec. 21,
    1979, 93 Stat. 1133; Pub. L. 96-399, title V, Sec. 507(b), Oct. 8,
    1980, 94 Stat. 1670; Pub. L. 98-181, title V, Sec. 510, Nov. 30,
    1983, 97 Stat. 1243; Pub. L. 100-242, title III, Secs. 305(a),
    316(b), Feb. 5, 1988, 101 Stat. 1895, 1897; Pub. L. 100-628, title
    X, Sec. 1043(a), Nov. 7, 1988, 102 Stat. 3273; Pub. L. 104-180,
    title VII, Sec. 734(e)(1), Aug. 6, 1996, 110 Stat. 1603; Pub. L.
    105-276, title V, Sec. 599C(d), Oct. 21, 1998, 112 Stat. 2661; Pub.
    L. 106-569, title VII, Secs. 703, 708(b), Dec. 27, 2000, 114 Stat.
    3013, 3018.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1005a and 1005c(a), (b), and (c) of title 7, referred to
    in subsec. (b), were repealed by section 341(a) of Pub. L. 87-128,
    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.

-COD-
                               CODIFICATION                           
      Another section 801(b) of Pub. L. 91-609 amended section
    1460(c)(1) of this title.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-569, Sec. 703, substituted
    "limited partnership" for "nonprofit limited partnership" in first
    sentence of introductory provisions.
      Subsec. (j). Pub. L. 106-569, Sec. 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. 105-276 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. 104-180 added subsec. (j).
      1988 - Subsec. (f)(1). Pub. L. 100-242, Sec. 316(b), struck out
    "and" at end.
      Subsec. (f)(3). Pub. L. 100-242, Sec. 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. 100-628 added subsec. (i).
      1983 - Subsec. (h). Pub. L. 98-181 added subsec. (h).
      1980 - Subsec. (a). Pub. L. 96-399 inserted reference to Indian
    tribe.
      1979 - Subsec. (d). Pub. L. 96-153 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. 95-557, Sec. 501(d), substituted
    "$38,000,000 (subject to approval in an appropriation Act)" for
    "$25,000,000".
      Subsec. (g). Pub. L. 95-557, Sec. 504, added subsec. (g).
      1977 - Subsec. (f)(3). Pub. L. 95-128 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. 91-609, Sec. 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. 91-609, Sec. 801(b), substituted "1" for
    "5" per centum.
      Subsec. (f)(1), (2). Pub. L. 91-609, Sec. 801(c), substituted
    "structures (including household furnishings)" for "structures" in
    cls. (A) and (B).
      1968 - Subsec. (f)(2). Pub. L. 90-448 included land necessary for
    an adequate site within the definition of "related facilities".
      1964 - Subsec. (f)(3). Pub. L. 88-560 included residents of the
    United States after being legally admitted for permanent residence.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 1485                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1485. Housing and related facilities for elderly persons and
      families or other persons and families of low income

-STATUTE-
    (a) Direct loans; authorization; terms and conditions; revolving
      fund; appropriation
      The Secretary is authorized to make loans to private nonprofit
    corporations and consumer cooperatives and Indian tribes to provide
    rental or cooperative housing and related facilities for elderly or
    handicapped persons or families of low or moderate income or other
    persons and families of low income in rural areas, in accordance
    with terms and conditions substantially identical with those
    specified in section 1472 of this title; except that - 
        (1) no such loan shall exceed the development cost or the value
      of the security, whichever is less;
        (2) such a loan may be made for a period of up to 30 years from
      the making of the loan; and
        (3) such a loan, when made to a consumer cooperative for
      cooperative housing purposes, may, notwithstanding any other
      provision of law, be made upon the condition that any person who
      is admitted as an eligible member and tenant of the cooperative
      may not subsequently be deprived of his membership or tenancy by
      reason of his no longer meeting the income eligibility
      requirements established by the Secretary.

    There is authorized to be appropriated not to exceed $50,000,000,
    which shall constitute a revolving fund to be used by the Secretary
    in carrying out this subsection.
    (b) Insurance of loans; authorization; terms and conditions;
      utilization of Agricultural Credit Insurance Fund
      The Secretary is authorized to insure and make commitments to
    insure loans made to any individual, corporation, association,
    trust, Indian tribe, or partnership to provide rental or
    cooperative housing and related facilities for elderly or
    handicapped persons or families or other persons and families of
    moderate income in rural areas, in accordance with terms and
    conditions substantially identical with those specified in section
    1472 of this title; except that - 
        (1) no such loan shall exceed the development cost or the value
      of the security, whichever is less;
        (2) such a loan may be made for a period of up to 30 years from
      the making of the loan, but the Secretary may provide for
      periodic payments based on an amortization schedule of 50 years
      with a final payment of the balance due at the end of the term of
      the loan;
        (3) for insuring such loans, the Secretary shall utilize the
      Agricultural Credit Insurance Fund subject to all the provisions
      of section 1929 of title 7 and the second and third sentences of
      section 1928 (!1) of title 7, including the authority in section
      1929(f)(1) (!1) of title 7 to utilize the insurance fund to make,
      sell, and insure loans which could be insured under this
      subsection; but the aggregate of the principal amounts of such
      loans made by the Secretary and not disposed of shall not exceed
      $10,000,000 outstanding at any one time; and the Secretary may
      take liens running to the United States though the notes may be
      held by other lenders;

        (4) such a loan, when made to a consumer cooperative for
      cooperative housing purposes, may, notwithstanding any other
      provision of law, be made upon the condition that any person who
      is admitted as an eligible member and tenant of the cooperative
      may not subsequently be deprived of his membership or tenancy by
      reason of his no longer meeting the income eligibility
      requirements established by the Secretary;
        (5) loans may be made to owners who are otherwise eligible
      under this section to purchase and convert single-family
      residences to rental units of two or more dwellings; and
        (6) the Secretary may make a new loan to the current borrower
      to finance the final payment of the original loan for an
      additional period not to exceed twenty years, if - 
          (A) the Secretary determines - 
            (i) it is more cost-efficient and serves the tenant base
          more effectively to maintain the current property than to
          build a new property in the same location; or
            (ii) the property has been maintained to such an extent
          that it warrants retention in the current portfolio because
          it can be expected to continue providing decent, safe, and
          affordable rental units for the balance of the loan; and

          (B) the Secretary determines - 
            (i) current market studies show that a need for low-income
          rural rental housing still exists for that area; and
            (ii) any other criteria established by the Secretary has
          been met.
    (c) Equity recapture loans and loans to nonprofit organizations and
      public agencies
      With respect to a loan made or insured under subsection (a) or
    (b) of this section, the Secretary is authorized to - 
        (1) make or insure an equity loan in the form of a supplemental
      loan for the purpose of equity takeout to the owner of housing
      financed with a loan made or insured under this section pursuant
      to a contract entered into before December 15, 1989, for the
      purpose of extending the affordability of the housing for low
      income families or persons and very low-income families or
      persons for not less than 20 years, except that such loan may not
      exceed 90 percent of the value of the equity in the project as
      determined by the Secretary;
        (2) transfer and reamortize an existing loan in connection with
      assistance provided under paragraph (1); and
        (3) make or insure a loan to enable a nonprofit organization or
      public agency to make a purchase described in section 1472(c)(5)
      of this title.
    (d) Construction requirements; detached units for cooperative
      housing
      No loan shall be made or insured under subsection (a) or (b) of
    this section unless the Secretary finds that the construction
    involved will be undertaken in an economical manner and will not be
    of elaborate or extravagant design or materials. However,
    specifically designed equipment required by elderly or handicapped
    persons or families shall not be considered elaborate or
    extravagant. A loan may be made or insured under subsection (a) or
    (b) of this section with respect to detached units, including those
    on scattered sites, for cooperative housing.
    (e) Definitions
      As used in this section - 
        (1) the term "housing" means new or existing housing suitable
      for dwelling use by occupants eligible under this section, and
      such term also means manufactured home rental parks where either
      the lots or both the lots and the homes are available for use by
      occupants eligible under this section; and such term also means
      congregate housing facilities for elderly or handicapped persons
      or families who require some supervision and central services but
      are otherwise able to care for themselves; such housing for the
      handicapped may be utilized in conjunction with educational and
      training facilities;
        (2) the term "related facilities" includes cafeterias or dining
      halls, community rooms or buildings, appropriate recreation
      facilities, and other essential service facilities;
        (3) the term "congregate housing" means housing in which (A)
      some of the units may not have kitchen facilities, and (B) there
      is a central dining facility to provide wholesome and economic
      meals for elderly or handicapped persons or families.
        (4) the term "development cost" means the costs of
      constructing, purchasing, improving, altering, or repairing new
      or existing housing and related facilities and purchasing and
      improving the necessary land, including necessary and appropriate
      fees and charges, initial operating expenses up to 2 per centum
      of the aforementioned costs, approved by the Secretary, impact
      fees, local charges for installation, provision, or use of
      infrastructure, and local assessments for public improvements and
      services imposed by State and local governments. Such fees and
      charges may include payments of qualified consulting
      organizations or foundations which operate on a nonprofit basis
      and which render services or assistance to nonprofit corporations
      or consumer cooperatives who provide housing and related
      facilities for low or moderate income families. Notwithstanding
      the first sentence of this paragraph, the term "development cost"
      shall not include any initial operating expenses in the case of
      any nonprofit corporation or consumer cooperative that is
      financing housing under this section and has been allocated a low-
      income housing tax credit by a housing credit agency pursuant to
      section 42 of title 26.
    (f) Administrative expenses
      Amounts made available pursuant to section 1483 of this title
    shall be available for administrative expenses incurred under this
    section.
    (g) Loans for financing transfers of memberships in cooperatives
      Notwithstanding the provisions of subsections (a) and (b) of this
    section, the Secretary may make and insure loans to consumer
    cooperatives to enable such cooperatives to finance the transfers
    of memberships in the cooperatives upon such terms and conditions
    as low- and moderate-income persons can reasonably afford, except
    that such loans shall not be made upon terms more favorable than
    are authorized under section 1490a(a) of this title, and that the
    total loan to a cooperative under this section shall not exceed the
    value of the property.
    (h) Project transfers
      After August 6, 1996, the ownership or control of a project for
    which a loan is made or insured under this section may be
    transferred only if the Secretary determines that such transfer
    would further the provision of housing and related facilities for
    low-income families or persons and would be in the best interests
    of residents and the Federal Government.
    (i) Limitations on cost increases after approval for project
      involving newly constructed or substantially rehabilitated units;
      applicable factors
      After approving a project involving newly constructed or
    substantially rehabilitated units under this section, the Secretary
    shall limit cost increases to those approved by the Secretary. The
    Secretary may approve those increases only for unforeseen factors
    beyond the owner's control, design changes required by the
    Secretary or the local government, or changes in financing approved
    by the Secretary.
    (j) Contract preferences for providing units in newly constructed
      projects
      For the purpose of achieving the lowest cost in providing units
    in newly constructed projects assisted under this section, the
    Secretary shall give a preference in entering into contracts under
    this section for projects which are to be located on specific
    tracts of land provided by States, units of local government, or
    others if the Secretary determines that the tract of land is
    suitable for such housing, and that affording such preference will
    be cost effective.
    (k) Management fees
      The Secretary shall assure that management fees are not excessive
    when a project developed under this section is managed by the
    developer or an affiliate of the developer.
    (l) Determination of market feasibility of project
      For purposes of determining the market feasibility of any project
    to be assisted under this section - 
        (1) in the case of any applicant who applies for rental
      assistance payments under section 1490a of this title in
      connection with such project, the Secretary shall consider the
      availability of such rental assistance payments with respect to
      the project and shall require such applicant to demonstrate that
      a market exists for persons and families eligible for such rental
      assistance payments; and
        (2) in the case of any applicant whose project is expected to
      utilize any assistance under a program of a State, or political
      subdivision thereof, that is similar to such assistance payments
      under section 1490a of this title, the Secretary shall only
      require such applicant to demonstrate that - 
          (A) a market exists for persons and families eligible for
        such program of assistance;
          (B) such program of assistance will provide rental assistance
        for a period of not less than five years, and, at the option of
        the applicant, either that there is a reasonable assurance that
        the contract for assistance will be extended or renewed, or for
        the term of the loan remaining after the period of such
        assistance, that an adequate rental market exists for the
        project without such assistance; and
          (C) during the term of such rental assistance contracts, such
        State or political subdivision shall make available the amounts
        required for such rental assistance not less than annually.
    (m) Standards for housing and related facilities rehabilitated or
      repaired; establishment, criteria, etc.
      The Secretary shall establish standards for housing and related
    facilities rehabilitated or repaired with amounts received under a
    loan made or insured under this section. Standards established by
    the Secretary under this subsection shall provide that except for
    substantial rehabilitation the particular items or systems repaired
    or rehabilitated must meet appropriate levels of quality or
    performance comparable to those levels prescribed by the Secretary
    of Housing and Urban Development for rehabilitation, but shall not
    require that such items or systems or the remainder of the property
    meet the standards which are applicable to new construction. The
    Secretary shall ensure that standards prescribed under this
    subsection provide decent, safe, and sanitary housing and related
    facilities.
    (n) Assistance to projects located on more than one site
      The Secretary may not deny assistance under this section or
    section 1490a of this title on the basis that the project involved
    is to be located on more than one site.
    (o) Rental assistance payments as affecting assistance to projects
      or occupancy by eligible persons
      The Secretary may not (1) deny assistance under this section on
    the basis that rental assistance payments under section 1490a of
    this title may be required unless the authority to provide such
    assistance is not available; or (2) promulgate any regulation that
    would have the effect of denying occupancy to eligible persons on
    the basis that such persons require rental assistance payments
    under section 1490a of this title.
    (p) Occupancy by low income persons and families other than very
      low-income persons and families
      (1) To the extent assistance is available under section
    1490a(a)(2) of this title, not more than 25 per centum of the
    dwelling units which were available for occupancy under this
    section prior to November 30, 1983, and which will be leased on or
    after November 30, 1983, shall be available for leasing by low
    income persons and families other than very low-income persons and
    families.
      (2) To the extent assistance is available under section
    1490a(a)(2) of this title, not more than 5 per centum of the
    dwelling units which become available for occupancy under this
    section on or after November 30, 1983, shall be available for
    leasing by low income persons and families other than very low-
    income persons and families.
      (3) Units in projects financed under this section which become
    available for occupancy after November 30, 1983, shall not be
    available for occupancy by persons and families other than very low-
    income persons and families if the authority to provide assistance
    for such persons is available.
      (4) In projects financed under this section, units that have been
    allocated a low-income housing tax credit by a housing credit
    agency pursuant to section 42 of title 26 shall not be available
    for occupancy by persons or families other than persons or families
    with incomes not in excess of the qualifying income applicable to
    such units pursuant to subparagraph (A) or (B) of section 42(g)(1)
    of title 26.
      (5) The Secretary shall coordinate the processing of any
    application for a loan under this section for a project and the
    processing of any application for assistance under section
    1490a(a)(2) of this title with respect to housing units in the same
    project in an economical and efficient manner. At the time the
    Secretary enters into a commitment to make or insure a loan under
    this section the Secretary shall obligate amounts for assistance
    payments under section 1490a(a)(2) of this title for the project,
    to the extent that such amounts are available and the Secretary
    determines such assistance is necessary for the market feasibility
    of the project.
    (q) Determination of income of person or family occupying financed
      housing
      In determining the income of a person or family occupying housing
    financed under this section, the Secretary shall consider the value
    of that person's or family's assets in the same manner as the
    Secretary of Housing and Urban Development considers such value for
    the purpose of the United States Housing Act of 1937 [42 U.S.C.
    1437 et seq.].
    (r) Operating reserve and equity contribution requirements;
      regulations to implement adjustment by negotiated rulemaking
      procedure
      (1) the (!2) Secretary - 

        (A) may require that the initial operating reserve under this
      section may be in the form of an irrevocable letter of credit;
      and
        (B) except as provided in paragraph (2), may require not more
      than a 3 percent contribution to equity, except that the
      Secretary shall require a 5 percent contribution in the case of a
      project that is allocated a low-income housing tax credit
      pursuant to section 42 of title 26.

      (2) The Secretary may adjust the amount of equity contribution to
    ensure that assistance provided is not more than is necessary to
    provide affordable housing after taking account of assistance from
    all Federal, State, and local sources.
      (3) Not later than 60 days after August 6, 1996, the Secretary
    shall issue regulations to implement subsection (r)(2) of this
    section in accordance with the negotiated rulemaking procedures set
    forth in subchapter III of chapter 5 of title 5: Provided, That if
    the negotiated rulemaking is not completed within the designated
    time, the Secretary shall proceed to promulgate regulations under
    the rulemaking authority contained in section 557 of title 5.
    (s) Limitation of fees on loans
      No fee other than a late fee may be imposed by or for the
    Secretary or any other Federal agency on or with respect to a loan
    made or insured under this section.
    (t) Equity takeout loans
      (1) Authority
        The Secretary is authorized to guarantee an equity loan (in the
      form of a supplemental loan) to an owner of housing financed with
      a loan made or insured under subsection (b) of this section, only
      if the Secretary determines, after taking into account local
      market conditions, that there is reasonable likelihood that the
      housing will continue as decent, safe, and sanitary housing for
      the remaining life of the original loan on the project made or
      insured under subsection (b) of this section and that such an
      equity loan is - 
          (A) necessary to provide a fair return on the owner's
        investment in the housing;
          (B) the least costly alternative for the Federal Government
        that is consistent with carrying out the purposes of this
        subsection; and
          (C) would not impose an undue hardship on tenants or an
        unreasonable cost to the Federal Government.

      The amount of loans guaranteed under this subsection shall be
      subject to limits provided in appropriations Acts.
      (2) Timing
        The Secretary is authorized to guarantee an equity loan under
      this subsection after the expiration of the 20-year period
      beginning on the date that an existing loan under subsection (b)
      of this section was made or insured. Not more than one equity
      loan under this subsection may be provided for any project.
      (3) Amount of the takeout
        The amount of an equity loan under this subsection shall not
      exceed the difference between the outstanding principal on debt
      secured by the project and 90 percent of the appraised value of
      the project. The appraised value of the project shall be
      determined by 2 independent appraisers, 1 of whom shall be
      selected by the Secretary and 1 of whom shall be selected by the
      owner. If the 2 appraisers fail to agree on the value of the
      project, the Secretary and the owner shall jointly select a third
      appraiser whose appraisal shall be binding on the Secretary and
      the owner. The amount of the equity loan shall not exceed 30
      percent of the amount of the original appraised value of the
      project made or insured under subsection (b) of this section.
      (4) Submission of plan
        An owner requesting an equity loan under this subsection shall
      submit a plan acceptable to the Secretary to ensure that the cost
      of amortizing an equity loan under paragraph (1) does not result
      in the displacement of very-low-income tenants or substantially
      alter the income mix of the tenants in the project.
      (5) Regulations
        The Secretary shall issue final regulations within 180 days
      from December 15, 1989.
      (6) Effective date
        The requirements of this subsection shall apply to any loan
      obligated under this section on or after December 15, 1989. This
      subsection shall not require retroactive reserve account payments
      with respect to any loan that was obligated on or after December
      15, 1989, and on or before June 16, 1990, but reserve account
      payments shall be required for such loans beginning on November
      28, 1990.
    (u) Reuse of loan authority
      Loan authority that is obligated under this section but that is
    not expended due to any action that removes the original borrower,
    may be reallocated to a different borrower during the same fiscal
    year in which the loan authority was obligated. Any loan authority
    under this section appropriated or made available within limits
    established in appropriations Acts shall remain available until
    expended.
    (v) Assumption of loans
      The Secretary may provide for the assumption or transfer of a
    loan or loan obligation under this section to any person or entity
    qualified to receive a loan or loan obligation under this section
    in any case of default or foreclosure with respect to the original
    borrower. The Secretary shall provide in each assumption or
    transfer under this subsection for the assumption of the
    obligations, rights, and interests under the terms of the loan or
    loan obligation or such other terms as the Secretary determines
    appropriate.
    (w) Set-aside of rural rental housing funds
      (1) Authority
        Except as provided in paragraph (2), the Secretary shall set
      aside from amounts made available for each State for loans under
      this section, not less than 9 percent of the amounts available in
      each fiscal year. Amounts set aside shall be available only for
      nonprofit entities in the State, which may not be wholly or
      partially owned or controlled by a for-profit entity. A
      partnership, that has as its general partner a nonprofit entity
      or the nonprofit entity's for-profit subsidiary, is eligible to
      receive funds set aside under this subsection to sponsor a
      project which is receiving low-income housing tax credits
      authorized under section 42 of title 26. For the purposes of this
      subsection, a nonprofit entity is an organization that - 
          (A) will own an interest in a project to be financed under
        this section and will materially participate in the development
        and the operation of the project;
          (B) is a private organization that has nonprofit, tax exempt
        status under section 501(c)(3) or section 501(c)(4) of title
        26;
          (C) has among its purposes the planning, development, or
        management of low-income housing or community development
        projects; and
          (D) is not affiliated with or controlled by a for-profit
        organization.
      (2) Minimum State set-aside
        If the amount set aside under paragraph (1) for any State is
      less than $750,000 in any fiscal year, the Secretary shall pool
      such amount together with set-aside amounts from other States
      whose set-aside is less than $750,000, and shall make such
      amounts available for such eligible entities under paragraph (1)
      in any such State. The Secretary shall establish a procedure to
      provide that any amounts pooled under this paragraph from the
      allocation for any State in any fiscal year that are not
      obligated during a reasonable period in such year shall be made
      available for any such eligible entities under paragraph (1) in
      such State. The Secretary may provide amounts available for
      reallocation under this subsection in excess of $750,000 in a
      given State, if such amounts are necessary to finance a project
      under this section.
      (3) Unused amounts
        (A) Equitable distribution
          Any amounts set aside under this subsection from the
        allocation for any State that are not obligated by 9 months
        after the allocation, shall first be pooled and made available
        to any other eligible nonprofit entity in any State as defined
        in this subsection. The Secretary shall make reasonable efforts
        to ensure that pooled funds are distributed under this
        subparagraph in an equitable manner.
        (B) Return to the States
          After funds have been pooled and obligated for 30 days, the
        Secretary shall return any remaining funds to the States on a
        proportional basis for use by any other eligible entity as
        defined in this section.
    (x) Uniform project costs; coordination of housing resources and
      tax benefits
      The Secretary shall - 
        (1) establish standard guidelines for State offices that
      describe allowable development costs which are required for
      development of all projects under this section, without regard to
      whether the project was allocated a low-income housing tax
      credit;
        (2) require each State to establish a process for coordinating
      the selection of projects under this section with the housing
      needs and priorities as established in a State comprehensive
      housing affordability strategy under section 12705 of this title
      and a low-income housing tax credit allocation plan under section
      42 of title 26; and
        (3) develop, in consultation with housing credit agencies (as
      that term is defined under section 42 of title 26), uniform
      procedures for identifying and sharing information on project
      costs, builder profit, identity of interests relationships, and
      other factors, as appropriate, with the relevant housing credit
      agency for projects that are allocated a low-income housing tax
      credit pursuant to section 42(h) of title 26 for the purpose of
      achieving compliance with section 3545(d) of this title.
    (y) Service coordinators
      (1) Grants
        The Secretary may make grants under this subsection, with
      respect to any project that the Secretary determines has a
      sufficient number of frail elderly residents, for the cost of
      employing or otherwise retaining the services of one or more
      individuals to coordinate services provided to frail elderly
      residents of the project (in this subsection referred to as a
      "service coordinator"), who shall be responsible for - 
          (A) assessing the supportive service needs of frail elderly
        residents of the project, based on objective criteria and
        interviews with such residents;
          (B) working with service providers to design the provision of
        services to meet the needs of frail elderly residents of the
        project, taking into consideration the needs and desires of
        such residents and their ability and willingness to pay for
        such services, as expressed by the residents;
          (C) mobilizing public and private resources to obtain funding
        for such services for such residents;
          (D) monitoring and evaluating the impact and effectiveness of
        any supportive services provided for such residents;
          (E) consulting and coordinating with any appropriate public
        and private agencies regarding the provision of supportive
        services; and
          (F) performing such other duties that the Secretary deems
        appropriate to enable frail elderly persons residing in
        federally assisted housing to live with dignity and
        independence.
      (2) Qualifications
        Individuals employed as service coordinators pursuant to this
      subsection shall meet the minimum qualifications and standards
      established under section 8011(d)(4) of this title for service
      coordinators under a congregate housing services program.
      (3) Application and selection
        The Secretary shall provide for the form and manner of
      applications for grants under this subsection and for the
      selection of applicants to receive the grants.
      (4) "Frail elderly" defined
        For purposes of this subsection, the term "frail elderly" has
      the meaning given the term in section 8011(k) of this title.
    (z) Accounting and recordkeeping requirements
      (1) Accounting standards
        The Secretary shall require that borrowers in programs
      authorized by this section maintain accounting records in
      accordance with generally accepted accounting principles for all
      projects that receive funds from loans made or guaranteed by the
      Secretary under this section.
      (2) Record retention requirements
        The Secretary shall require that borrowers in programs
      authorized by this section retain for a period of not less than 6
      years and make available to the Secretary in a manner determined
      by the Secretary, all records required to be maintained under
      this subsection and other records identified by the Secretary in
      applicable regulations.
    (aa) Double damages for unauthorized use of housing projects assets
      and income
      (1) Action to recover assets or income
        (A) In general
          The Secretary may request the Attorney General to bring an
        action in a United States district court to recover any assets
        or income used by any person in violation of the provisions of
        a loan made or guaranteed by the Secretary under this section
        or in violation of any applicable statute or regulation.
        (B) Improper documentation
          For purposes of this subsection, a use of assets or income in
        violation of the applicable loan, loan guarantee, statute, or
        regulation shall include any use for which the documentation in
        the books and accounts does not establish that the use was made
        for a reasonable operating expense or necessary repair of the
        project or for which the documentation has not been maintained
        in accordance with the requirements of the Secretary and in
        reasonable condition for proper audit.
        (C) Definition
          For the purposes of this subsection, the term "person" means -
         
            (i) any individual or entity that borrows funds in
          accordance with programs authorized by this section;
            (ii) any individual or entity holding 25 percent or more
          interest of any entity that borrows funds in accordance with
          programs authorized by this section; and
            (iii) any officer, director, or partner of an entity that
          borrows funds in accordance with programs authorized by this
          section.
      (2) Amount recoverable
        (A) In general
          In any judgment favorable to the United States entered under
        this subsection, the Attorney General may recover double the
        value of the assets and income of the project that the court
        determines to have been used in violation of the provisions of
        a loan made or guaranteed by the Secretary under this section
        or any applicable statute or regulation, plus all costs related
        to the action, including reasonable attorney and auditing fees.
        (B) Application of recovered funds
          Notwithstanding any other provision of law, the Secretary may
        use amounts recovered under this subsection for activities
        authorized under this section and such funds shall remain
        available for such use until expended.
      (3) Time limitation
        Notwithstanding any other provision of law, an action under
      this subsection may be commenced at any time during the 6-year
      period beginning on the date that the Secretary discovered or
      should have discovered the violation of the provisions of this
      section or any related statutes or regulations.
      (4) Continued availability of other remedies
        The remedy provided in this subsection is in addition to and
      not in substitution of any other remedies available to the
      Secretary or the United States.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 515, as added Pub. L. 87-
    723, Sec. 4(b), Sept. 28, 1962, 76 Stat. 671; amended Pub. L. 88-
    340, June 30, 1964, 78 Stat. 233; Pub. L. 88-560, title V, Sec.
    501(d) Sept. 2, 1964, 78 Stat. 796; Pub. L. 89-117, title X, Sec.
    1005(c), Aug. 10, 1965, 79 Stat. 501; Pub. L. 89-754, title VIII,
    Secs. 804, 805, Nov. 3, 1966, 80 Stat. 1282; Pub. L. 91-78, Sec. 1,
    Sept. 30, 1969, 83 Stat. 125; Pub. L. 91-152, title IV, Sec.
    413(a), Dec. 24, 1969, 83 Stat. 398; Pub. L. 91-609, title VIII,
    Sec. 803(c), Dec. 31, 1970, 84 Stat. 1807; Pub. L. 93-117, Sec.
    13(b), Oct. 2, 1973, 87 Stat. 423; Pub. L. 93-383, title V, Secs.
    509(b), 510, Aug. 22, 1974, 88 Stat. 695; Pub. L. 95-60, Sec. 4(b),
    June 30, 1977, 91 Stat. 258; Pub. L. 95-80, Sec. 4(b), July 31,
    1977, 91 Stat. 340; Pub. L. 95-128, title V, Secs. 501(b),
    507(a)(3), 508, Oct. 12, 1977, 91 Stat. 1138, 1140, 1141; Pub. L.
    95-406, Sec. 7(b), Sept. 30, 1978, 92 Stat. 881; Pub. L. 95-557,
    title V, Sec. 501(e), Oct. 31, 1978, 92 Stat. 2111; Pub. L. 96-71,
    Sec. 5(b), Sept. 28, 1979, 93 Stat. 502; Pub. L. 96-105, Sec. 5(b),
    Nov. 8, 1979, 93 Stat. 795; Pub. L. 96-153, title V, Sec. 501(f),
    Dec. 21, 1979, 93 Stat. 1134; Pub. L. 96-372, Sec. 6(b), Oct. 3,
    1980, 94 Stat. 1364; Pub. L. 96-399, title V, Secs. 501(b), 502,
    503, 507(c), Oct. 8, 1980, 94 Stat. 1668, 1670; Pub. L. 97-35,
    title III, Sec. 351(b), Aug. 13, 1981, 95 Stat. 420; Pub. L. 97-
    289, Sec. 3(a), Oct. 6, 1982, 96 Stat. 1231; Pub. L. 98-35, Sec.
    3(a), May 26, 1983, 97 Stat. 198; Pub. L. 98-109, Sec. 4(a), Oct.
    1, 1983, 97 Stat. 746; Pub. L. 98-181, title V, Secs. 511(b), 512,
    Nov. 30, 1983, 97 Stat. 1244; Pub. L. 98-479, title I, Sec. 105(e),
    Oct. 17, 1984, 98 Stat. 2227; Pub. L. 99-120, Sec. 3(a), Oct. 8,
    1985, 99 Stat. 503; Pub. L. 99-156, Sec. 3(a), Nov. 15, 1985, 99
    Stat. 816; Pub. L. 99-219, Sec. 3(a), Dec. 26, 1985, 99 Stat. 1731;
    Pub. L. 99-267, Sec. 3(a), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99-
    272, title III, Sec. 3009(a), Apr. 7, 1986, 100 Stat. 105; Pub. L.
    99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99-345, Sec.
    1, June 24, 1986, 100 Stat. 673; Pub. L. 99-430, Sept. 30, 1986,
    100 Stat. 986; Pub. L. 100-122, Sec. 1, Sept. 30, 1987, 101 Stat.
    793; Pub. L. 100-154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100-170,
    Nov. 17, 1987, 101 Stat. 914; Pub. L. 100-179, Dec. 3, 1987, 101
    Stat. 1018; Pub. L. 100-200, Dec. 21, 1987, 101 Stat. 1327; Pub. L.
    100-242, title II, Secs. 242, 263, title III, Secs. 301(e), 306,
    307, 316(c), Feb. 5, 1988, 101 Stat. 1890, 1891, 1893, 1895, 1896,
    1898; Pub. L. 100-628, title X, Sec. 1042, Nov. 7, 1988, 102 Stat.
    3273; Pub. L. 101-137, Sec. 7(a), Nov. 3, 1989, 103 Stat. 825; Pub.
    L. 101-235, title II, Sec. 207, title IV, Sec. 402, Dec. 15, 1989,
    103 Stat. 2042, 2048; Pub. L. 101-625, title VII, Secs. 701(e),
    712, 713, Nov. 28, 1990, 104 Stat. 4282, 4291, 4292; Pub. L. 102-
    142, title VII, Sec. 743(a), Oct. 28, 1991, 105 Stat. 915; Pub. L.
    102-230, Sec. 4, Dec. 12, 1991, 105 Stat. 1721; Pub. L. 102-550,
    title VII, Secs. 701(e), 707(a)-(f)(1), 708(a), Oct. 28, 1992, 106
    Stat. 3834, 3836-3839; Pub. L. 104-120, Sec. 4(b), (c), Mar. 28,
    1996, 110 Stat. 835; Pub. L. 104-180, title VII, Sec. 734(a),
    (c)(1), (2), (3)(C), (d), (e)(2), Aug. 6, 1996, 110 Stat. 1601-
    1603; Pub. L. 105-86, title VII, Sec. 735(b), Nov. 18, 1997, 111
    Stat. 2110; Pub. L. 105-276, title V, Sec. 599C(b), Oct. 21, 1998,
    112 Stat. 2661; Pub. L. 106-569, title VII, Sec. 704, Dec. 27,
    2000, 114 Stat. 3014.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1928 of title 7, referred to in subsec. (b)(3), was
    amended generally by Pub. L. 104-127, title VI, Sec. 605, Apr. 4,
    1996, 110 Stat. 1086, and, as so amended, consists of subsecs. (a)
    and (b) which are substantially similar to provisions formerly
    contained in the third sentence of such section.
      Section 1929(f)(1) of title 7, referred to in subsec. (b)(3), was
    repealed and section 1929(f)(2) was redesignated section 1929(f)(1)
    by Pub. L. 104-127, title VII, Sec. 744, Apr. 4, 1996, 110 Stat.
    1125.
      The United States Housing Act of 1937, referred to in subsec.
    (q), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.
    93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and
    amended, which is classified generally to chapter 8 (Sec. 1437 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 1437 of this title
    and Tables.

-COD-
                               CODIFICATION                           
      Section 203(a) of Pub. L. 100-242, as amended, which was formerly
    set out in a note under section 1715l of Title 12, Banks and
    Banking, and which provided that on Nov. 28, 1990, the amendment
    made by section 263 of Pub. L. 100-242 is repealed and section is
    to read as it would without such amendment, was omitted in the
    general amendment of subtitle A of title II of Pub. L. 100-242 by
    Pub. L. 101-625.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (z). Pub. L. 106-569 added subsec. (z) and struck
    out heading and text of former subsec. (z). Text read as follows:
    "Whoever, as an owner, agent, or manager, 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 fund 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."
      Subsec. (aa). Pub. L. 106-569 added subsec. (aa).
      1998 - Subsec. (b)(4) to (7). Pub. L. 105-276, Sec. 599C(b)(1),
    redesignated pars. (5) to (7) as (4) to (6), respectively, and
    struck out former par. (4) which read as follows: "no loan shall be
    insured under this subsection after September 30, 1998;".
      Subsec. (w)(1). Pub. L. 105-276, Sec. 599C(b)(2), substituted
    "each fiscal year" for "fiscal year 1998" in first sentence.
      1997 - Subsec. (a)(2). Pub. L. 105-86, Sec. 735(b)(3)(A),
    substituted "up to 30 years" for "up to fifty years".
      Subsec. (b)(2). Pub. L. 105-86, Sec. 735(b)(3)(B)(i), added par.
    (2) and struck out former par. (2) which read as follows: "provide
    for complete amortization by periodic payments within such term as
    the Secretary may prescribe;".
      Subsec. (b)(4). Pub. L. 105-86, Sec. 735(b)(1), substituted
    "September 30, 1998" for "September 30, 1997".
      Subsec. (b)(7). Pub. L. 105-86, Sec. 735(b)(3)(B)(ii)-(iv), added
    par. (7).
      Subsec. (w)(1). Pub. L. 105-86, Sec. 735(b)(2), substituted
    "fiscal year 1998" for "fiscal year 1997".
      1996 - Subsec. (b)(4). Pub. L. 104-180, Sec. 734(a)(1),
    substituted "September 30, 1997" for "September 30, 1996".
      Pub. L. 104-120, Sec. 4(b), substituted "September 30, 1996" for
    "September 30, 1994".
      Subsec. (c)(1). Pub. L. 104-180, Sec. 734(c)(3)(C), substituted
    "December 15, 1989" for "December 21, 1979".
      Subsec. (h). Pub. L. 104-180, Sec. 734(c)(1), added subsec. (h).
      Subsec. (r). Pub. L. 104-180, Sec. 734(d)(1), added subsec. (r)
    and struck out former subsec. (r) which read as follows: "The
    Secretary - 
        "(1) may require that the initial operating reserve under this
      section may be in the form of an irrevocable letter of credit;
      and
        "(2) may not require more than a 3 percent contribution to
      equity, except that the Secretary shall require a 5 percent
      contribution in the case of a project that is allocated a low-
      income housing tax credit pursuant to section 42 of title 26."
      Subsec. (t)(4). Pub. L. 104-180, Sec. 734(c)(2), redesignated
    par. (6) as (4) and struck out heading and text of former par. (4).
    Text read as follows: "For each initial loan made or insured under
    subsection (b) of this section pursuant to a contract entered into
    after the date this subsection takes effect, the owner shall make
    monthly payments from project income to the Secretary for deposit
    in a reserve account for the project. Such monthly payments shall,
    in the first year after the loan is made or insured, equal $2 for
    each unit in the project, and shall increase by $2 annually until
    the expiration of the 20-year period beginning on the date that the
    loan was made or insured, except that such initial payments, any
    accrued payments, and annual increases shall not be required for a
    unit occupied by a low-income family or individual who is paying
    more than 30 percent of the family's or individual's adjusted
    income in rent. The rent on a unit for which payment is made under
    this paragraph shall be increased by the amount of such payment."
      Subsec. (t)(5). Pub. L. 104-180, Sec. 734(c)(2), redesignated
    par. (7) as (5) and struck out former par. (5) which read as
    follows:
      "(5) Reserve account. - 
        "(A) Payments under paragraph (4) shall be deposited in an
      interest bearing account that the Secretary shall establish for
      the project.
        "(B) The Secretary shall make available amounts in the reserve
      account only for payments of principal and interest on an equity
      loan under this subsection. Such payments shall be in amounts
      necessary to ensure that rent payments made by low-income
      families residing in the housing do not exceed the maximum rent
      under section 1490a(a)(2)(A) of this title;
        "(C) Any payments to the account, and interest on such
      payments, not expended in the project from which such payments
      were made, shall be used in other projects to make payments of
      principal and interest on an equity loan under this subsection.
      Such payments shall be in amounts necessary to ensure that rent
      payments made by low-income families residing in the housing do
      not exceed the maximum rent under section 1490a(a)(2)(A) of this
      title.
        "(D) The Secretary shall make payments from accounts under this
      paragraph only to the extent provided in appropriations Acts."
      Subsec. (t)(6) to (8). Pub. L. 104-180, Sec. 734(c)(2)(B),
    redesignated pars. (6) to (8) as (4) to (6), respectively.
      Subsec. (w)(1). Pub. L. 104-180, Sec. 734(a)(2), substituted
    "fiscal year 1997" for "fiscal year 1996".
      Pub. L. 104-120, Sec. 4(c), substituted "fiscal year 1996" for
    "fiscal years 1993 and 1994".
      Subsec. (z). Pub. L. 104-180, Sec. 734(d)(2), (e)(2), added
    subsec. (z) and struck out heading and text of former subsec. (z).
    Text consisted of 3 pars. which denied Secretary authority to
    refuse to make complying loan solely because facilities were in
    rural or remote area or to provide preference for project based on
    availability of particular essential service and required Secretary
    to give preference to proposed projects serving rural communities
    20 or more miles from an urban area.
      1992 - Subsec. (b)(4). Pub. L. 102-550, Sec. 701(e), substituted
    "1994" for "1992".
      Subsec. (e)(4). Pub. L. 102-550, Sec. 707(a), struck out "and"
    before "initial operating expenses up to", inserted ", impact fees,
    local charges for installation, provision, or use of
    infrastructure, and local assessments for public improvements and
    services imposed by State and local governments" after "approved by
    the Secretary", and inserted at end "Notwithstanding the first
    sentence of this paragraph, the term 'development cost' shall not
    include any initial operating expenses in the case of any nonprofit
    corporation or consumer cooperative that is financing housing under
    this section and has been allocated a low-income housing tax credit
    by a housing credit agency pursuant to section 42 of title 26."
      Subsec. (l)(1). Pub. L. 102-550, Sec. 707(b)(1), added par. (1)
    and struck out former par. (1) which read as follows: "in the case
    of any applicant whose project is expected to utilize rental
    assistance payments under section 1490a of this title, the
    Secretary shall only require such applicant to demonstrate that a
    market exists for persons and families eligible for such rental
    assistance payments; and".
      Subsec. (p)(4). Pub. L. 102-550, Sec. 707(b)(2)(1), substituted
    period at end for ", except when the Secretary determines that the
    continued vacancy of units that have been unoccupied for at least 6
    months threatens the financial viability of the project. The
    preceding sentence shall not be interpreted as authorizing the
    Secretary to - 
        "(A) limit the ability of a housing credit agency to require an
      owner of housing, in order to receive a low-income housing tax
      credit, to enter into a restrictive covenant, in such form and
      for such period as the housing credit agency deems appropriate,
      to maintain the occupancy characteristics of the project as
      prescribed in section 42(h)(6) of title 26; or
        "(B) deny or delay closing of financing under this section by
      reason of the existence, or occupancy terms, of any such
      restrictive covenant."
      Subsec. (p)(5). Pub. L. 102-550, Sec. 707(b)(2)(2), added par.
    (5).
      Subsec. (r)(2). Pub. L. 102-550, Sec. 707(c), inserted before
    period at end ", except that the Secretary shall require a 5
    percent contribution in the case of a project that is allocated a
    low-income housing tax credit pursuant to section 42 of title 26".
      Subsec. (w)(1). Pub. L. 102-550, Sec. 708(a)(1)-(3), substituted
    "not less than 9 percent of the amounts available in fiscal years
    1993 and 1994" for "not less than 7 percent of the amounts
    available in fiscal year 1991 and not less than 9 percent of the
    amounts available in fiscal year 1992" in first sentence, struck
    out "or under whole or partial control with a for-profit entity"
    after "by a for-profit entity" in second sentence, and inserted at
    end "A partnership, that has as its general partner a nonprofit
    entity or the nonprofit entity's for-profit subsidiary, is eligible
    to receive funds set aside under this subsection to sponsor a
    project which is receiving low-income housing tax credits
    authorized under section 42 of title 26. For the purposes of this
    subsection, a nonprofit entity is an organization that - " and
    subpars. (A) to (D).
      Subsec. (w)(2). Pub. L. 102-550, Sec. 708(a)(4), inserted at end
    "The Secretary may provide amounts available for reallocation under
    this subsection in excess of $750,000 in a given State, if such
    amounts are necessary to finance a project under this section."
      Subsec. (w)(3). Pub. L. 102-550, Sec. 708(a)(5), added par. (3)
    and struck out heading and text of former par. (3). Text read as
    follows: "Any amounts set aside or pooled under this subsection
    from the allocation for any State in any fiscal year that are not
    obligated by a reasonable date established by the Secretary (which
    shall be after the expiration of the period under paragraph (2))
    shall be made available to any entity eligible under this section
    in such State."
      Subsec. (x). Pub. L. 102-550, Sec. 707(d), added subsec. (x).
      Subsec. (y). Pub. L. 102-550, Sec. 707(e), added subsec. (y).
      Subsec. (z). Pub. L. 102-550, Sec. 707(f)(1), added subsec. (z).
      1991 - Subsec. (b)(4). Pub. L. 102-142 substituted "1992" for
    "1991".
      Subsec. (p)(4). Pub. L. 102-230 inserted at end "The preceding
    sentence shall not be interpreted as authorizing the Secretary to -
    " and subpars. (A) and (B).
      1990 - Subsec. (b)(4). Pub. L. 101-625, Sec. 701(e), substituted
    "1991" for "1990".
      Subsec. (t)(3). Pub. L. 101-625, Sec. 712(a)(1), substituted
    "original appraised value of the project" for "original loan on the
    project".
      Subsec. (t)(4). Pub. L. 101-625, Sec. 712(a)(2), inserted
    "initial" before "loan" in first sentence and inserted "initial
    payments, any accrued payments, and" after "except that such" in
    second sentence.
      Subsec. (t)(8). Pub. L. 101-625, Sec. 712(a)(3), added par. (8)
    and struck out former par. (8) which read as follows: "The
    requirements of this subsection shall apply to any applications for
    assistance under this section on or after the expiration of 180
    days from December 15, 1989."
      Subsec. (u). Pub. L. 101-625, Sec. 712(b), inserted at end "Any
    loan authority under this section appropriated or made available
    within limits established in appropriations Acts shall remain
    available until expended."
      Subsec. (v). Pub. L. 101-625, Sec. 712(c), added subsec. (v).
      Subsec. (w). Pub. L. 101-625, Sec. 713, added subsec. (w).
      1989 - Subsec. (b)(4). Pub. L. 101-137 substituted "September 30,
    1990" for "September 30, 1989".
      Subsec. (t). Pub. L. 101-235, Sec. 207, added subsec. (t).
      Subsec. (u). Pub. L. 101-235, Sec. 402, added subsec. (u).
      1988 - Subsec. (b)(4). Pub. L. 100-242, Sec. 301(e), substituted
    "September 30, 1989" for "March 15, 1988".
      Subsec. (c). Pub. L. 100-242, Sec. 242, added subsec. (c). Former
    subsec. (c) redesignated (d).
      Subsecs. (d) to (g). Pub. L. 100-242, Sec. 242(1), redesignated
    former subsecs. (c) to (f) as (d) to (g), respectively.
      Subsec. (h). Pub. L. 100-628 struck out subsec. (h) which read as
    follows: "The Secretary shall limit increases in rents on or after
    November 30, 1983, for newly constructed or substantially
    rehabilitated projects assisted under this section to the lesser of
    the actual operating cost increases incurred or the amount of
    operating cost increases incurred with respect to comparable rental
    dwelling units of various sizes and types in the same market area
    which are suitable for occupancy by families and persons assisted
    under this section. Where no comparable dwelling units exist in the
    same market area, the Secretary shall have authority to approve
    such increases in accordance with the best available data regarding
    operating cost increases in rental dwelling units."
      Pub. L. 100-242, Sec. 242(1), redesignated subsec. (g) as (h).
    Former subsec. (h) redesignated (i).
      Subsecs. (i) to (p). Pub. L. 100-242, Sec. 242(1), redesignated
    subsecs. (h) to (o) as (i) to (p), respectively.
      Subsec. (p)(1). Pub. L. 100-242, Sec. 316(c), substituted "on or
    after such date" for "on or after such effective date", which for
    purposes of codification was translated as "on or after November
    30, 1983", thus requiring no change in text.
      Subsec. (p)(4). Pub. L. 100-242, Sec. 306, added par. (4).
      Subsec. (q). Pub. L. 100-242, Sec. 242(1), redesignated former
    subsec. (p) as (q).
      Subsec. (r). Pub. L. 100-242, Sec. 263, added subsec. (r).
      Subsec. (s). Pub. L. 100-242, Sec. 307, added subsec. (s).
      1987 - Subsec. (b)(4). Pub. L. 100-200 substituted "March 15,
    1988" for "December 16, 1987".
      Pub. L. 100-179 substituted "December 16, 1987" for "December 2,
    1987".
      Pub. L. 100-170 substituted "December 2, 1987" for "November 15,
    1987".
      Pub. L. 100-154 substituted "November 15, 1987" for "October 31,
    1987".
      Pub. L. 100-122 substituted "October 31, 1987" for "September 30,
    1987".
      1986 - Subsec. (b)(4). Pub. L. 99-430 substituted "September 30,
    1987" for "September 30, 1986".
      Pub. L. 99-345 substituted "September 30, 1986" for "June 6,
    1986".
      Pub. L. 99-289 substituted "June 6, 1986" for "April 30, 1986".
      Pub. L. 99-272 directed amendment identical to Pub. L. 99-219,
    substituting "March 17, 1986" for "December 15, 1985".
      Pub. L. 99-267 substituted "April 30, 1986" for "March 17, 1986".
      1985 - Subsec. (b)(4). Pub. L. 99-219 substituted "March 17,
    1986" for "December 15, 1985".
      Pub. L. 99-156 substituted "December 15, 1985" for "November 14,
    1985".
      Pub. L. 99-120 substituted "November 14, 1985" for "September 30,
    1985".
      1984 - Subsec. (k)(2)(B). Pub. L. 98-479 inserted ", at the
    option of the applicant, either that there is a reasonable
    assurance that the contract for assistance will be extended or
    renewed, or".
      1983 - Subsec. (a)(2) to (4). Pub. L. 98-181, Sec. 512(c)(1),
    (2), struck out par. (2) which related to rates of interest on
    loans, and redesignated pars. (3) and (4) as (2) and (3),
    respectively.
      Subsec. (b)(2) to (4). Pub. L. 98-181, Sec. 512(c)(3), (4),
    struck out par. (2) which related to rates of interest on loans and
    redesignated pars. (3) to (5) as (2) to (4), respectively.
      Subsec. (b)(5). Pub. L. 98-181, Sec. 512(c)(4), redesignated par.
    (6) as (5). Former par. (5) redesignated (4).
      Pub. L. 98-181, Sec. 511(b), substituted "September 30, 1985" for
    "November 30, 1983".
      Pub. L. 98-109 substituted "November 30, 1983" for "September 30,
    1983".
      Pub. L. 98-35 substituted "September 30, 1983" for "May 20,
    1983".
      Subsec. (b)(6), (7). Pub. L. 98-181, Sec. 512(c)(4), redesignated
    par. (7) as (6). Former par. (6) redesignated (5).
      Pub. L. 98-181, Sec. 512(b), added par. (7).
      Subsec. (c). Pub. L. 98-181, Sec. 512(d), inserted provisions
    relating to detached units, on scattered sites, for cooperative
    housing.
      Subsec. (d)(1). Pub. L. 98-181, Sec. 512(e), inserted provisions
    relating to applicability to manufactured home rental parks.
      Subsecs. (g) to (p). Pub. L. 98-181, Sec. 512(a), added subsecs.
    (g) to (p).
      1982 - Subsec. (b)(5). Pub. L. 97-289 substituted "May 20, 1983"
    for "September 30, 1982".
      1981 - Subsec. (b)(5). Pub. L. 97-35 substituted "1982" for
    "1981".
      1980 - Subsec. (a). Pub. L. 96-399, Secs. 503(a), 507(c)(1),
    inserted reference to Indian tribes in provisions preceding par.
    (1), and added par. (4).
      Subsec. (b). Pub. L. 96-399, Secs. 501(b), 503(b), 507(c)(2),
    inserted reference to Indian tribe in provisions preceding par.
    (1), in par. (5) substituted "September 30, 1981" for "October 15,
    1980", and added par. (6).
      Pub. L. 96-372 substituted "October 15, 1980" for "September 30,
    1980" in par. (5).
      Subsec. (f). Pub. L. 96-399, Sec. 502, added subsec. (f).
      1979 - Subsec. (b)(5). Pub. L. 96-153 substituted "September 30,
    1980" for "November 30, 1979".
      Pub. L. 96-105 substituted "November 30, 1979" for "October 31,
    1979".
      Pub. L. 96-71 substituted "October 31, 1979" for "September 30,
    1979".
      1978 - Subsec. (b)(5). Pub. L. 95-557 substituted "September 30,
    1979" for "October 31, 1978".
      Pub. L. 95-406 substituted "October 31, 1978" for "September 30,
    1978".
      1977 - Subsec. (a). Pub. L. 95-128, Sec. 507(a)(3), authorized
    loans for housing of handicapped persons or families.
      Subsec. (b). Pub. L. 95-128, Secs. 501(b), 507(a)(3), substituted
    "elderly or handicapped persons or families" for "elderly persons
    and elderly families" in provision preceding par. (1) and
    "September 30, 1978" for "September 30, 1977" in par. (5).
      Pub. L. 95-80 substituted "September 30, 1977" for "July 31,
    1977" in par. (5).
      Pub. L. 95-60 substituted "July 31, 1977" for "June 30, 1977" in
    par. (5).
      Subsec. (c). Pub. L. 95-128, Sec. 508(a), provided that
    specifically designed equipment required by elderly or handicapped
    persons or families shall not be considered elaborate or
    extravagant.
      Subsec. (d)(1). Pub. L. 95-128, Sec. 508(b), defined "housing" to
    also mean congregate housing facilities for elderly or handicapped
    persons or families who require some supervision and central
    services but are otherwise able to care for themselves and
    authorized such housing for the handicapped to be utilized in
    conjunction with educational and training facilities.
      Subsec. (d)(3). Pub. L. 95-128, Sec. 508(c), substituted
    definition of "congregate housing" for prior definition of "elderly
    persons" as persons 62 years of age or over and "elderly families"
    as families the head of which (or his spouse) is 62 years of age or
    over.
      1974 - Subsec. (b)(1). Pub. L. 93-383, Sec. 510(a), struck out
    "$750,000 or" after "exceed" and substituted "less" for "least".
      Subsec. (b)(5). Pub. L. 93-383, Sec. 509(b), substituted "June
    30, 1977" for "October 1, 1974".
      Subsec. (d)(4). Pub. L. 93-383, Sec. 510(b), inserted provisions
    including initial operating expenses up to 2 per centum of
    enumerated costs and requiring payments to be made to consultants
    rendering services to nonprofit corporations or consumer
    cooperatives providing housing and related facilities to low or
    moderate income families.
      1973 - Subsec. (b)(5). Pub. L. 93-117 substituted "October 1,
    1974" for "October 1, 1973".
      1970 - Subsec. (b)(1). Pub. L. 91-609 substituted "$750,000" for
    "$300,000".
      1969 - Subsec. (b)(5). Pub. L. 91-152 substituted "October 1,
    1973" for "January 1, 1970".
      Pub. L. 91-78 substituted "January 1, 1970" for "October 1,
    1969".
      1966 - Subsec. (a). Pub. L. 89-754, Secs. 804(a), 805(a),
    inserted "or other persons and families of low income" after
    "income" and substituted "rental or cooperative housing" for
    "rental housing", respectively.
      Subsec. (b). Pub. L. 89-754, Sec. 805(a), (b), substituted
    "rental or cooperative housing" for "rental housing" and inserted
    "or other persons and families of moderate income" after
    "families", respectively.
      Subsec. (d)(1). Pub. L. 89-754, Sec. 804(b), substituted in the
    definition of "housing" the words "occupants eligible under this
    section," for "elderly persons or elderly families".
      Subsec. (d)(4). Pub. L. 89-754, Sec. 805(c), defined fees and
    charges as used for purposes of "development cost" to include
    payments to qualified consulting organizations or foundations which
    operate on a nonprofit basis and which render services or
    assistance to nonprofit corporations or consumer cooperatives who
    provide housing and related facilities.
      1965 - Subsec. (b)(5). Pub. L. 89-117 substituted "October 1,
    1969" for "September 30, 1965".
      1964 - Subsec. (b). Pub. L. 88-560 substituted "$300,000" for
    "$100,000" in cl. (1), and "1965" for "1964" in cl. (5).
      Pub. L. 88-340 substituted "September 30, 1964" for "June 30,
    1964" in cl. (5).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-120 to be construed to have become
    effective Oct. 1, 1995, see section 13(a) of Pub. L. 104-120, set
    out as an Effective and Termination Dates of 1996 Amendments note
    under section 1437d of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 708(b) of Pub. L. 102-550 provided that: "The amendment
    made by subsection (a)(5) [amending this section] shall take effect
    on October 1, 1993, and shall apply to fiscal year 1994 and each
    fiscal year thereafter."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
    371 of Pub. L. 97-35, set out as an Effective Date note under
    section 3701 of Title 12, Banks and Banking.

                                REGULATIONS                            
      Section 707(f)(2) of Pub. L. 102-550 provided that: "The
    Secretary of Agriculture shall issue any regulations necessary to
    carry out the amendment made by paragraph (1) [amending this
    section] not later than the expiration of the 45-day period
    beginning on the date of the enactment of this Act [Oct. 28, 1992].
    Not later than the expiration of the 30-day period beginning on the
    date of the enactment of this Act, the Secretary shall submit a
    copy of any regulations to be issued under this subsection to the
    Congress. The requirements of section 534(d) of the Housing Act of
    1949 [42 U.S.C. 1490n(d)] and subsections (b) and (c) of section
    553 of title 5, United States Code, shall apply to any such
    regulations."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be capitalized.


-End-



-CITE-
    42 USC Sec. 1486                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1486. Financial assistance to provide low-rent housing for
      domestic farm labor

-STATUTE-
    (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; and
        (3) an absolute priority will be given at all times in granting
      occupancy of such housing and facilities to domestic farm labor.
    (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) of this section 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 3141-3144, 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) (!1) of this title; and

        (4) the term "domestic farm labor" has the meaning given such
      term in section 1484(f)(3) of this title.
    (h) Migrant farmworker housing
      Notwithstanding the provisions of subsection (a)(3) of this
    section, 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 516, as added Pub. L. 88-
    560, title V, Sec. 503(a), Sept. 2, 1964, 78 Stat. 796; amended
    Pub. L. 91-609, title VIII, Sec. 801(c), (d), Dec. 31, 1970, 84
    Stat. 1806; Pub. L. 95-557, title V, Sec. 505, Oct. 31, 1978, 92
    Stat. 2112; Pub. L. 96-153, title V, Sec. 509, Dec. 21, 1979, 93
    Stat. 1136; Pub. L. 96-399, title V, Sec. 507(d), Oct. 8, 1980, 94
    Stat. 1670; Pub. L. 98-181, title V, Sec. 513, Nov. 30, 1983, 97
    Stat. 1247; Pub. L. 100-242, title III, Sec. 305(b), Feb. 5, 1988,
    101 Stat. 1895; Pub. L. 100-628, title X, Sec. 1043(b), Nov. 7,
    1988, 102 Stat. 3273; Pub. L. 101-625, title VII, Sec. 714(a), Nov.
    28, 1990, 104 Stat. 4292; Pub. L. 106-400, Sec. 2, Oct. 30, 2000,
    114 Stat. 1675.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization 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. 100-
    242, title II, Sec. 242(1), Feb. 5, 1988, 101 Stat. 1890.

-COD-
                               CODIFICATION                           
      In subsec. (f), "sections 3141-3144, 3146, and 3147 of title 40"
    substituted for "the Davis-Bacon Act, as amended (40 U.S.C. 276a -
    276a-5)" 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. 107-217, Sec. 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. 104-66, 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. 103-7.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (k)(7)(B). Pub. L. 106-400 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. 101-625 added subsec. (k).
      1988 - Subsec. (g)(4). Pub. L. 100-242 added par. (4).
      Subsec. (j). Pub. L. 100-628 added subsec. (j).
      1983 - Subsec. (i). Pub. L. 98-181 added subsec. (i).
      1980 - Subsec. (a). Pub. L. 96-399 inserted reference to Indian
    tribe in provisions preceding par. (1).
      1979 - Subsec. (h). Pub. L. 96-153 added subsec. (h).
      1978 - Subsec. (e). Pub. L. 95-557 inserted "The Secretary shall
    not give priority for funding under this section to any one of the
    groups listed in subsection (a) of this section over any of the
    others so listed".
      1970 - Subsec. (a). Pub. L. 91-609, Sec. 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. 91-609, Sec. 801(d)(2), substituted "10
    per centum" for "one-third".
      Subsec. (a)(3). Pub. L. 91-609, Sec. 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. 91-609, Sec. 801(d)(4), substituted "90 per
    centum" for "two-thirds".
      Subsec. (g)(1). Pub. L. 91-609, Sec. 801(c), substituted
    "structures (including household furnishings)" for "structures" in
    cls. (A) and (B).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 1487                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1487. Rural Housing Insurance Fund

-STATUTE-
    (a) Authority to make and insure loans for housing and buildings on
      adequate farms; amounts
      The Secretary may insure loans meeting the requirements of
    section 1472 of this title, and may make loans in accordance with
    the requirements of such section to be sold and insured. The amount
    of such a loan to a low income person or family shall not exceed
    the amount necessary to provide adequate housing which is modest in
    size, design, and cost (as determined by the Secretary).
    (b) Authority to make and insure loans for housing and related
      facilities for domestic farm labor and elderly persons; transfer
      of notes, contracts, and mortgages from Agricultural Credit
      Insurance Fund; compensation
      The Secretary may insure loans in accordance with the
    requirements of section 1484 of this title (exclusive of
    subsections (a)(3), (a)(5), and (b) thereof), 1485 of this title
    (exclusive of subsections (a) and (b)(3) thereof), 1490d, and 1490f
    of this title, and may make loans meeting such requirements to be
    sold and insured. Upon the expiration of ninety days after the
    original capitalization of the Rural Housing Insurance Fund,
    created by subsection (e) of this section, no new loans shall be
    made or insured under section 1484 or 1485(b) of this title, except
    in conformity with this section. The notes held in the Agricultural
    Credit Insurance Fund (section 1929 of title 7) which evidence
    loans made or insured by the Secretary under section 1484 or
    1485(b) of this title, the rights and liabilities of that Fund
    under insurance contracts relating to such loans held by insured
    investors, the mortgages securing the obligations of the borrowers
    under such loans held in the Fund or by insured investors, and all
    rights to subsequent collections on and proceeds of such notes,
    contracts, and mortgages, are hereby transferred to the Rural
    Housing Insurance Fund and for the purposes of this subchapter and
    any other Act shall be subject to the provisions of this section as
    if created pursuant thereto. The Rural Housing Insurance Fund shall
    compensate the Agricultural Credit Insurance Fund for the aggregate
    unpaid principal balance plus accrued interest of the notes so
    transferred.
    (c) Use of funds from Rural Housing Insurance Fund for loans; sale
      of insured and guaranteed loans to public
      The Secretary may use the Rural Housing Insurance Fund for the
    purpose of making loans to be sold and insured under this section.
    Any loan made and sold by the Secretary under this section after
    April 7, 1986 (and any loan made by other lenders under this
    subchapter that is insured or guaranteed in accordance with this
    section, is purchased by the Secretary, and is sold by the
    Secretary under this section after such date) shall be sold to the
    public and may not be sold to the Federal Financing Bank, unless
    such sale to the Federal Financing Bank is required to service
    transactions under this subchapter between the Secretary and the
    Federal Financing Bank occurring on or before such date.
    (d) Authority to insure payment of interest and principal; liens;
      assignability of notes evidencing loans; interest subsidy on
      insured and guaranteed loans offered for sale to public;
      protection of borrowers under loans sold to public
      (1) The Secretary may, in conformity with subsections (a), (b),
    and (m) of this section, insure the payment of principal and
    interest on loans made by lenders other than the United States, and
    on loans made from or otherwise acquired by the Rural Housing
    Insurance Fund which are sold by the Secretary. Any contract of
    insurance executed by the Secretary hereunder shall be an
    obligation supported by the full faith and credit of the United
    States, and shall be incontestable except for fraud or material
    misrepresentation of which the holder has actual knowledge. In
    connection with loans insured under this section, the Secretary may
    take liens running to the United States notwithstanding the fact
    that the notes evidencing such loans may be held by lenders other
    than the United States. Notes evidencing such loans shall be freely
    assignable, but the Secretary shall not be bound by any such
    assignment until notice thereof is given to and acknowledged by
    him.
      (2) Each loan made by the Secretary or other lenders under this
    subchapter that is insured or guaranteed in accordance with this
    subsection shall, when offered for sale to the public, be
    accompanied by an agreement by the Secretary to pay to the holder
    of such loan (through an agreement to purchase such loan or through
    such other means as the Secretary determines to be appropriate) the
    difference between the rate of interest paid by the borrower of
    such loan and the market rate of interest (as determined by the
    Secretary) on obligations having comparable periods to maturity on
    the date of such sale.
      (3) Each loan made by the Secretary or other lenders under this
    subchapter that is insured or guaranteed in accordance with this
    subsection shall, when offered for sale to the public, be
    accompanied by agreements for the benefit of the borrower under the
    loan that provide that - 
        (A) the purchaser or any assignee of the loan shall not
      diminish any substantive or procedural right of the borrower
      arising under this subchapter;
        (B) upon any substantial default of the borrower, but prior to
      foreclosure, the loan shall be assigned to the Secretary for the
      purpose of avoiding foreclosure; and
        (C) following any assignment under subparagraph (B) and before
      commencing any action to foreclose or otherwise dispossess the
      borrower, the Secretary shall afford the borrower all substantive
      and procedural rights arising under this subchapter, including
      consideration for interest subsidy, moratorium, reamortization,
      refinancing, and appeal of any adverse decision to an impartial
      officer.

      (4) From the proceeds of loan sales under paragraph (2), the
    Secretary shall set aside as a reserve against future losses not
    less than 5 percent of the outstanding face amount of the loans
    held by the public at any time.
    (e) Rural Housing Insurance Fund; creation; authorization of
      appropriations; separate operation of guaranteed and insured loan
      programs: transfer of funds
      There is hereby created the Rural Housing Insurance Fund
    (hereinafter referred to as the "Fund") which shall be used by the
    Secretary as a revolving fund for carrying out the provisions of
    this section. There are authorized to be appropriated to the
    Secretary such sums as may be necessary for the purposes of the
    Fund. The guaranteed loan program under this subchapter shall be
    operated separately from the insured loan program operated under
    this subchapter and no funds designated for one program may be
    transferred to another program.
    (f) Investment of excess Fund moneys
      Money in the Fund not needed for current operations shall be
    invested in direct obligations of the United States or obligations
    guaranteed by the United States.
    (g) Fund assets and liabilities; sale of loans; agreements for
      servicing and purchasing loans
      All funds, claims, notes, mortgages, contracts, and property
    acquired by the Secretary under this section, and all collections
    and proceeds therefrom, shall constitute assets of the Fund; and
    all liabilities and obligations of such assets shall be liabilities
    and obligations of the Fund. Loans may be held in the Fund and
    collected in accordance with their terms or may be sold by the
    Secretary with or without agreements for insurance thereof. The
    Secretary is authorized to make agreements with respect to
    servicing loans held or insured by him under this section and
    purchasing such insured loans on such terms and conditions as he
    may prescribe.
    (h) Issuance of notes; form and denominations; interest rate;
      purchase by Secretary of the Treasury; debt transactions
      The Secretary is authorized to issue notes to the Secretary of
    the Treasury to obtain funds necessary for discharging obligations
    under this section and for authorized expenditures out of the Fund,
    but, except as may be authorized in appropriation Acts, not for the
    original or any additional capital of the Fund. Such notes shall be
    in such form and denominations and have such maturities and be
    subject to such terms and conditions as may be prescribed by the
    Secretary with the approval of the Secretary of the Treasury. Each
    note 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 is issued, which are neither due nor
    callable for redemption for fifteen years from their date of issue.
    The Secretary of the Treasury is authorized and directed to
    purchase any notes of the Secretary issued hereunder, and for that
    purpose the Secretary of the Treasury 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 such securities may be issued under such chapter are
    extended to include purchases of notes issued by the Secretary. All
    redemption, purchases, and sales by the Secretary of the Treasury
    of such notes shall be treated as public debt transactions of the
    United States. The notes issued by the Secretary to the Secretary
    of the Treasury shall constitute obligations of the Fund.
    (i) Retention of annual charge; administrative expenses; merger of
      funds
      The Secretary may retain out of interest payments by the borrower
    an annual charge in an amount specified in the insurance or sale
    agreement applicable to the loan. Of the charges retained by the
    Secretary, if any, not to exceed 1 per centum per annum of the
    unpaid balance of the loan shall be deposited in the Fund. Any
    retained charges not deposited in the Fund shall be available for
    administrative expenses in carrying out the provisions of this
    subchapter, to be transferred annually, and become merged with any
    appropriation for administrative expenses of the Farmers Home
    Administration, when and in such amounts as may be authorized in
    appropriation Acts.
    (j) Additional uses of Fund moneys
      The Secretary may also utilize the Fund - 
        (1) to pay amounts to which the holder of the note is entitled
      in accordance with an insurance or sale agreement under this
      section accruing between the date of any payment by the borrower
      to the Secretary and the date of transmittal of any such payments
      to the holder of the note; and in the discretion of the
      Secretary, payments other than final payments need not be
      remitted to the holder until due or until the next agreed annual
      or semiannual remittance date;
        (2) to pay the holder of any note insured under this section
      any defaulted installment or, upon assignment of the note to the
      Secretary at the Secretary's request, or pursuant to a purchase
      agreement, the entire balance outstanding on the note;
        (3) to pay taxes, insurance, prior liens, expenses necessary to
      make fiscal adjustments in connection with the application and
      transmittal of collections or necessary to obtain credit reports
      on applicants or borrowers, and other services customary in the
      industry, independent audits of project expenses, construction
      inspections, commercial appraisals, servicing of loans, and other
      related program services and expenses, and other expenses and
      advances to protect the security for loans which are insured
      under this section or held in the Fund, and to acquire such
      security property at foreclosure sale or otherwise;
        (4) to make assistance payments authorized by section 1490a(a)
      of this title;
        (5) after October 1, 1977, and as approved in appropriations
      Acts, to make advances authorized by section 1471(e) of this
      title;
        (6) to make payments and take other actions in accordance with
      agreements entered into under paragraphs (2) and (3) of
      subsection (d) of this section; and
        (7) to provide advances and assistance required to carry out
      paragraphs (4) and (5) of section 1472(c) of this title.
    (k) Sale of loans as sale of assets
      Any sale by the Secretary of loans individually or in blocks,
    pursuant to subsections (c) and (g) of this section, shall be
    treated as a sale of assets for the purposes of chapter 11 of title
    31, notwithstanding the fact that the Secretary, under an agreement
    with the purchaser, holds the debt instruments evidencing the loans
    and holds or reinvests payments thereon as trustee and custodian
    for the purchaser.
    (l) Commitments to make or insure loans to lenders, builders, or
      sellers; terms and conditions
      The Secretary may also, upon the application of lenders,
    builders, or sellers and upon compliance with requirements
    specified by him, make commitments upon such terms and conditions
    as he shall prescribe to make or insure loans under this section to
    eligible applicants.
    (m) Transfer of assets, liabilities, and authorizations of Rural
      Housing Direct Loan Account to Fund; abolition of Account;
      applicability of provisions
      The assets and liabilities of, and authorizations applicable to,
    the Rural Housing Direct Loan Account are hereby transferred to the
    Fund, and such Account is hereby abolished. Such assets and their
    proceeds, including loans made out of the Fund pursuant to this
    section, shall be subject to all of the provisions of this section.
    (n) Purchase of eligible residential properties
      The Secretary may guarantee and service loans made for the
    purchase of eligible residential properties under section 1441a(c)
    of title 12 in accordance with subsection (d) of this section and
    the last sentence of section 1490a(a)(1)(A) of this title.
    (o) Rules to encourage rehabilitation or purchase of existing
      buildings; regulations to facilitate marketability of insured or
      guaranteed loans in secondary mortgage market
      (1) The Secretary shall promulgate rules which encourage the
    rehabilitation or purchase of existing buildings for the purpose of
    providing housing which is economical in cost and operation.
      (2) Not later than the expiration of the 90-day period following
    April 7, 1986, the Secretary shall issue regulations to facilitate
    the marketability in the secondary mortgage market of loans insured
    or guaranteed under this section. Such regulations shall ensure
    that such loans are competitive with other loans and mortgages
    insured or guaranteed by the Federal Government.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 517, as added Pub. L. 89-
    117, title X, Sec. 1003(a), Aug. 10, 1965, 79 Stat. 498; amended
    Pub. L. 89-754, title VIII, Sec. 806, Nov. 3, 1966, 80 Stat. 1282;
    Pub. L. 91-78, Sec. 1, Sept. 30, 1969, 83 Stat. 125; Pub. L. 91-
    152, title IV, Sec. 413(a)-(e)(2), (f)(2), Dec. 24, 1969, 83 Stat.
    398-400; Pub. L. 91-609, title VIII, Sec. 803(d), Dec. 31, 1970, 84
    Stat. 1807; Pub. L. 93-117, Sec. 13(c), Oct. 2, 1973, 87 Stat. 423;
    Pub. L. 93-383, title V, Secs. 505(c), 509(b), 514(c), 516(b), 517,
    519(b), Aug. 22, 1974, 88 Stat. 694-696, 698, 699; Pub. L. 95-60,
    Sec. 4(c), June 30, 1977, 91 Stat. 258; Pub. L. 95-80, Sec. 4(c),
    July 31, 1977, 91 Stat. 340; Pub. L. 95-128, title V, Secs. 501(c),
    502(b), (c), 506, 509, Oct. 12, 1977, 91 Stat. 1139-1141; Pub. L.
    95-406, Sec. 7(c), Sept. 30, 1978, 92 Stat. 881; Pub. L. 95-557,
    title V, Secs. 501(f), 506(b), Oct. 31, 1978, 92 Stat. 2111, 2113;
    Pub. L. 96-71, Sec. 5(c), Sept. 28, 1979, 93 Stat. 502; Pub. L. 96-
    105, Sec. 5(c), Nov. 8, 1979, 93 Stat. 795; Pub. L. 96-153, title
    V, Secs. 501(g), 511, Dec. 21, 1979, 93 Stat. 1134, 1137; Pub. L.
    96-372, Sec. 6(c), Oct. 3, 1980, 94 Stat. 1364; Pub. L. 96-399,
    title V, Secs. 501(c), 511, Oct. 8, 1980, 94 Stat. 1668, 1671; Pub.
    L. 97-35, title III, Sec. 351(c), Aug. 13, 1981, 95 Stat. 421; Pub.
    L. 97-289, Sec. 3(b), Oct. 6, 1982, 96 Stat. 1231; Pub. L. 98-35,
    Sec. 3(b), May 26, 1983, 97 Stat. 198; Pub. L. 98-109, Sec. 4(b),
    Oct. 1, 1983, 97 Stat. 746; Pub. L. 98-181, title V, Secs. 511(c),
    514, Nov. 30, 1983, 97 Stat. 1244, 1247; Pub. L. 98-479, title I,
    Sec. 105(f), title II, Sec. 203(d)(5), (6), Oct. 17, 1984, 98 Stat.
    2227, 2230; Pub. L. 99-272, title III, Sec. 3006, Apr. 7, 1986, 100
    Stat. 103; Pub. L. 100-242, title II, Sec. 243, Feb. 5, 1988, 101
    Stat. 1890; Pub. L. 101-73, title V, Sec. 501(e)(2), Aug. 9, 1989,
    103 Stat. 394; Pub. L. 102-550, title VII, Sec. 707(g), Oct. 28,
    1992, 106 Stat. 3839.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (j)(3). Pub. L. 102-550 inserted "independent
    audits of project expenses," after "customary in the industry,".
      1989 - Subsec. (n). Pub. L. 101-73 added subsec. (n).
      1988 - Subsec. (j)(7). Pub. L. 100-242 added par. (7).
      1986 - Subsec. (c). Pub. L. 99-272, Sec. 3006(a), inserted
    provision requiring any loan made and sold after Apr. 7, 1986, to
    be sold to the public and not to Federal Financing Bank unless
    required to service transactions between Secretary and Bank
    occurring on or before such date.
      Subsec. (d). Pub. L. 99-272, Sec. 3006(b), (c), designated
    existing provisions as par. (1), and added pars. (2) to (4).
      Subsec. (j)(6). Pub. L. 99-272, Sec. 3006(d), added par. (6).
      Subsec. (n). Pub. L. 99-272, Sec. 3006(e), struck out subsec. (n)
    which restricted loans guaranteed under this section to borrowers
    with moderate or above-moderate incomes.
      Subsec. (o). Pub. L. 99-272, Sec. 3006(f), designated existing
    provisions as par. (1), and added par. (2).
      1984 - Subsec. (h). Pub. L. 98-479, Sec. 203(d)(5), substituted
    "chapter 31 of title 31" for "the Second Liberty Bond Act, as
    amended" and "such chapter" for "such Act".
      Subsec. (j)(4). Pub. L. 98-479, Sec. 105(f), inserted "and" after
    the semicolon at the end.
      Subsec. (k). Pub. L. 98-479, Sec. 203(d)(6), substituted "chapter
    11 of title 31" for "the Budget and Accounting Act, 1921".
      1983 - Subsec. (a). Pub. L. 98-181, Sec. 514(a)(1), substituted
    provisions relating to amount of loan to low income person or
    family, for provisions designated as pars. (1) and (2) relating to
    restrictions on loans with respect to amounts, interest, etc.,
    where the borrowers are persons of low or moderate income, and
    similar restrictions where the borrowers are other persons.
      Subsec. (a)(1). Pub. L. 98-181, Sec. 511(c), substituted
    "September 30, 1985" for "November 30, 1983".
      Pub. L. 98-109 substituted "November 30, 1983" for "September 30,
    1983".
      Pub. L. 98-35 substituted "September 30, 1983" for "May 20,
    1983".
      Subsec. (b). Pub. L. 98-181, Sec. 514(a)(2), substituted "(b)(3)"
    for "(b)(4)".
      Subsec. (j)(6). Pub. L. 98-181, Sec. 514(b), struck out par. (6)
    which related to making expenditures under section 1479(c) of this
    title after Oct. 1, 1977.
      Subsec. (o). Pub. L. 98-181, Sec. 514(c), (d), added subsec. (o),
    and struck out former subsec. (o) which related to loans to persons
    of low income and to the minimum amounts available to such persons.
      1982 - Subsec. (a)(1). Pub. L. 97-289 substituted "May 20, 1983"
    for "September 30, 1982".
      1981 - Subsec. (a)(1). Pub. L. 97-35 substituted "1982" for
    "1981".
      1980 - Subsec. (a)(1). Pub. L. 96-399, Sec. 501(c), substituted
    "September 30, 1981" for "October 15, 1980".
      Pub. L. 96-372 substituted "October 15, 1980" for "September 30,
    1980".
      Subsec. (n). Pub. L. 96-399, Sec. 511, inserted reference to
    moderate income borrowers.
      1979 - Subsec. (a)(1). Pub. L. 96-153, Sec. 501(g), substituted
    "September 30, 1980" for "November 30, 1979".
      Pub. L. 96-105 substituted "November 30, 1979" for "October 31,
    1979".
      Pub. L. 96-71 substituted "October 31, 1979" for "September 30,
    1979".
      Subsec. (o). Pub. L. 96-153, Sec. 511, redesignated existing
    provisions as par. (1) and added par. (2).
      1978 - Subsec. (a)(1). Pub. L. 95-557, Sec. 501(f), substituted
    "September 30, 1979" for "October 31, 1978".
      Pub. L. 95-406 substituted "October 31, 1978" for "September 30,
    1978".
      Subsec. (j)(4). Pub. L. 95-557, Sec. 506(b), substituted
    "1490a(a)" for "1490a(a)(2)".
      1977 - Subsec. (a)(1). Pub. L. 95-128, Sec. 501(c), substituted
    "September 30, 1978" for "September 30, 1977".
      Pub. L. 95-80 substituted "September 30, 1977" for "July 31,
    1977".
      Pub. L. 95-60 substituted "July 31, 1977" for "June 30, 1977".
      Subsec. (e). Pub. L. 95-128, Sec. 502(b), required separate
    operation of guaranteed loan program and insured loan program and
    prohibited transfer of funds from one program to the other.
      Subsec. (j)(5), (6). Pub. L. 95-128, Sec. 506, added pars. (5)
    and (6).
      Subsec. (n). Pub. L. 95-128, Sec. 502(c), added subsec. (n).
      Subsec. (o). Pub. L. 95-128, Sec. 509, added subsec. (o).
      1974 - Subsec. (a)(1). Pub. L. 93-383, Sec. 509(b), substituted
    "June 30, 1977" for "October 1, 1974".
      Subsec. (b). Pub. L. 93-383, Secs. 516(b), 517, inserted
    reference to section 1490f of this title and provisions relating to
    transfer of notes from and compensation for the Agricultural Credit
    Insurance Fund.
      Subsec. (d). Pub. L. 93-383, Sec. 505(c)(1), struck out "as it
    becomes due" after "principal and interest".
      Subsec. (j). Pub. L. 93-383, Secs. 505(c)(2), (3), 514(c),
    519(b), in cl. (1) substituted "any payment" for "any prepayment"
    and "such payments" for "such prepayments" and inserted provision
    relating to next agreed annual or semiannual remittance date, in
    cl. (3) inserted provisions authorizing other services customary in
    the industry, etc., and added cl. (4).
      1973 - Subsec. (a)(1). Pub. L. 93-117 substituted "October 1,
    1974" for "October 1, 1973".
      1970 - Subsec. (j)(3). Pub. L. 91-609 authorized use of Fund
    moneys for expenses necessary to obtain credit reports on
    applicants or borrowers.
      1969 - Subsec. (a)(1). Pub. L. 91-152, Sec. 413(a), substituted
    "October 1, 1973" for "January 1, 1970".
      Pub. L. 91-78 substituted "January 1, 1970" for "October 1,
    1969".
      Subsec. (b). Pub. L. 91-152, Sec. 413(f)(2), inserted reference
    to section 1490d of this title.
      Subsec. (c). Pub. L. 91-152, Sec. 413(b), struck out provision
    which imposed a limit of not to exceed $100,000,000 on the
    aggregate amount of loans held by the Secretary at any one time.
      Subsec. (d). Pub. L. 91-152, Sec. 413(e)(2), inserted reference
    to subsec. (m) of this section and inserted "or otherwise acquired
    by" after "loans made from".
      Subsecs. (k) to (m). Pub. L. 91-152, Sec. 413(c)-(e)(1), added
    subsecs. (k) to (m).
      1966 - Subsec. (a)(1). Pub. L. 89-754 substituted restriction
    against insurance or making of a loan under this par. after Oct. 1,
    1969, except pursuant to a commitment entered into before that date
    for former clause (C) which provided that such loans shall not
    exceed in the aggregate of $300,000,000 of new loans made or
    insured in any one fiscal year.

                        SALE OF RURAL HOUSING LOANS                    
      Pub. L. 99-509, title II, Sec. 2001, Oct. 21, 1986, 100 Stat.
    1879, directed Secretary of Agriculture to take such actions as
    necessary to ensure that loans made under this subchapter are sold
    to public in amounts sufficient to provide a net reduction in
    outlays of not less than $1,715,000,000 in fiscal year 1987 from
    proceeds of such sales, specified procedures and terms of sales,
    required Secretary to report to specified Congressional committees
    not later than 20 days before initial sale estimating amount of
    discount at which loans will be sold at such initial sale and
    estimating such amount at each subsequent sale during fiscal year
    1987 and periodic reports to such committees, the first not later
    than 60 days after Oct. 21, 1986, and subsequent reports each 60
    days thereafter, on Secretary's activities regarding such sales,
    authorized audits and evaluations of Secretary's activities by
    Comptroller General and reports on such audits and evaluations to
    Congressional committees, and excluded applicability of subsec.
    (d)(2) and (3) of this section to sale of loans.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
    371 of Pub. L. 97-35, set out as an Effective Date note under
    section 3701 of Title 12, Banks and Banking.

-End-



-CITE-
    42 USC Sec. 1488                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1488. Repealed.

-MISC1-
    Sec. 1488. Repealed. Pub. L. 91-152, title IV, Sec. 413(e)(3), Dec.
      24, 1969, 83 Stat. 399.
      Section, act July 15, 1949, ch. 338, title V, Sec. 518, as added
    Aug. 10, 1965, Pub. L. 89-117, title X, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1489                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1489. Transfer of excess funds out of Rural Housing Insurance
      Fund

-STATUTE-
      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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 519, as added Pub. L. 89-
    117, title X, Sec. 1006, Aug. 10, 1965, 79 Stat. 501; amended Pub.
    L. 91-152, title IV, Sec. 413(e)(4), Dec. 24, 1969, 83 Stat. 399.)


-MISC1-
                                AMENDMENTS                            
      1969 - Pub. L. 91-152 struck out applicability of provisions to
    Rural Housing Direct Loan Account.

-End-



-CITE-
    42 USC Sec. 1490                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490. "Rural" and "rural area" defined

-STATUTE-
      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 or 2000
    decennial census shall continue to be so classified until the
    receipt of data from the decennial census in the year 2010, if such
    area has a population in excess of 10,000 but not in excess of
    25,000, 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 520, as added Pub. L. 89-
    117, title X, Sec. 1007, Aug. 10, 1965, 79 Stat. 502; amended Pub.
    L. 91-609, title VIII, Sec. 803(e), Dec. 31, 1970, 84 Stat. 1807;
    Pub. L. 93-383, title V, Sec. 511, Aug. 22, 1974, 88 Stat. 695;
    Pub. L. 94-375, Sec. 25(b), Aug. 3, 1976, 90 Stat. 1078; Pub. L. 98-
    181, title V, Sec. 515, Nov. 30, 1983, 97 Stat. 1247; Pub. L. 98-
    479, title I, Sec. 105(g), Oct. 17, 1984, 98 Stat. 2227; Pub. L.
    99-120, Sec. 3(b), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99-156, Sec.
    3(b), Nov. 15, 1985, 99 Stat. 816; Pub. L. 99-219, Sec. 3(b), Dec.
    26, 1985, 99 Stat. 1731; Pub. L. 99-267, Sec. 3(b), Mar. 27, 1986,
    100 Stat. 74; Pub. L. 99-272, title III, Sec. 3009(b), Apr. 7,
    1986, 100 Stat. 105; Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100
    Stat. 412; Pub. L. 99-345, Sec. 1, June 24, 1986, 100 Stat. 673;
    Pub. L. 99-430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100-122,
    Sec. 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100-154, Nov. 5,
    1987, 101 Stat. 890; Pub. L. 100-170, Nov. 17, 1987, 101 Stat. 914;
    Pub. L. 100-179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100-200,
    Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100-242, title III, Sec.
    308, Feb. 5, 1988, 101 Stat. 1896; Pub. L. 101-137, Sec. 7(b), Nov.
    3, 1989, 103 Stat. 826; Pub. L. 101-625, title VII, Sec. 715(a),
    Nov. 28, 1990, 104 Stat. 4296; Pub. L. 102-550, title VII, Sec.
    709, Oct. 28, 1992, 106 Stat. 3840; Pub. L. 105-276, title V, Sec.
    599H(g), Oct. 21, 1998, 112 Stat. 2669; Pub. L. 106-554, Sec.
    1(a)(4) [div. A, Sec. 102], Dec. 21, 2000, 114 Stat. 2763, 2763A-
    172; Pub. L. 106-569, title VII, Sec. 705, Dec. 27, 2000, 114
    Stat. 3015.)


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-554 and Pub. L. 106-569 amended second
    sentence identically, substituting "1990 or 2000 decennial census"
    for "1990 decennial census" and "year 2010" for "year 2000".
      1998 - Pub. L. 105-276 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. 102-550 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. 101-625 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. 101-137 substituted "September 30, 1990" for
    "September 30, 1989".
      1988 - Pub. L. 100-242 added parenthetical exception for Pajaro,
    in the State of California, and substituted "September 30, 1989"
    for "March 15, 1988".
      1987 - Pub. L. 100-200 substituted "March 15, 1988" for "December
    16, 1987".
      Pub. L. 100-179 substituted "December 16, 1987" for "December 2,
    1987".
      Pub. L. 100-170 substituted "December 2, 1987" for "November 15,
    1987".
      Pub. L. 100-154 substituted "November 15, 1987" for "October 31,
    1987".
      Pub. L. 100-122 substituted "October 31, 1987" for "September 30,
    1987".
      1986 - Pub. L. 99-430 substituted "September 30, 1987" for
    "September 30, 1986".
      Pub. L. 99-345 substituted "September 30, 1986" for "June 6,
    1986".
      Pub. L. 99-289 substituted "June 6, 1986" for "April 30, 1986".
      Pub. L. 99-272 directed amendment identical to Pub. L. 99-219,
    substituting "March 17, 1986" for "December 15, 1985".
      Pub. L. 99-267 substituted "April 30, 1986" for "March 17, 1986".
      1985 - Pub. L. 99-219 substituted "March 17, 1986" for "December
    15, 1985".
      Pub. L. 99-156 substituted "December 15, 1985" for "November 14,
    1985".
      Pub. L. 99-120 substituted "November 14, 1985" for "the end of
    fiscal year 1985".
      1984 - Pub. L. 98-479 substituted "1985" for "1984".
      1983 - Pub. L. 98-181 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. 94-375 inserted "for lower and
    moderate-income families" after "has a serious lack of mortgage
    credit".
      1974 - Cl. (3). Pub. L. 93-383 added cl. (3).
      1970 - Pub. L. 91-609 substituted as upper population limit
    "10,000" for "5,500".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 715(b) of Pub. L. 101-625 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."

-End-



-CITE-
    42 USC Sec. 1490a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490a. Loans to provide occupant owned, rental, and
      cooperative housing for low and moderate income, elderly or
      handicapped persons or families

-STATUTE-
    (a) Interest rates; additional assistance; payments to owners; rent
      limitations
      (1)(A) Notwithstanding the provisions of sections 1472, 1487(a)
    and 1485 of this title, loans to persons of low or moderate income
    under section 1472 or 1487(a)(1) (!1) of this title, loans under
    section 1485 of this title to provide rental or cooperative housing
    and related facilities for persons and families of low or moderate
    income or elderly or handicapped persons or families and loans
    under section 1490f of this title to provide condominium housing
    for persons and families of low or moderate income, shall bear
    interest at a rate prescribed by the Secretary at not less than a
    rate determined by the Secretary of the Treasury upon the request
    of the Secretary 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. Any loan guaranteed under this subchapter shall bear
    interest at such rate as may be agreed upon by the borrower and the
    lender.

      (B) From the interest rate so determined, the Secretary may
    provide the borrower with assistance in the form of credits so as
    to reduce the effective interest rate to a rate not less than 1 per
    centum per annum for such periods of time as the Secretary may
    determine for applicants described in subparagraph (A) if without
    such assistance such applicants could not afford the dwelling or
    make payments on the indebtedness of the rental or cooperative
    housing. In the case of assistance provided under this subparagraph
    with respect to a loan under section 1472 of this title, the
    Secretary may not reduce, cancel, or refuse to renew the assistance
    due to an increase in the adjusted income of the borrower if the
    reduction, cancellation, or nonrenewal will cause the borrower to
    be unable to reasonably afford the resulting payments required
    under the loan.
      (C) For persons of low income under section 1472 or 1487(a) of
    this title who the Secretary determines are unable to afford a
    dwelling with the assistance provided under subparagraph (B) and
    when the Secretary determines that assisted rental housing programs
    (as authorized under this subchapter, the National Housing Act [12
    U.S.C. 1701 et seq.], and the United States Housing Act of 1937 [42
    U.S.C. 1437 et seq.]) would be unsuitable in the area in which such
    persons reside, the Secretary may provide additional assistance,
    pursuant to amounts approved in appropriation Acts and for such
    periods of time as the Secretary may determine, which may be in an
    amount not to exceed the difference between (i) the amount
    determined by the Secretary to be necessary to pay the principal
    indebtedness, interest, taxes, insurance, utilities, and
    maintenance, and (ii) 25 per centum of the income of such
    applicant. The amount of such additional assistance which may be
    approved in appropriation Acts may not exceed an aggregate amount
    of $100,000,000. Such additional assistance may not be so approved
    with respect to any fiscal year beginning on or after October 1,
    1981.
      (D)(i) With respect to borrowers under section 1472 or 1487(a) of
    this title who have received assistance under subparagraph (B) or
    (C), the Secretary shall provide for the recapture of all or a
    portion of such assistance rendered upon the disposition or
    nonoccupancy of the property by the borrower. In providing for such
    recapture, the Secretary shall make provisions to provide
    incentives for the borrower to maintain the property in a
    marketable condition. Notwithstanding any other provision of law,
    any such assistance whenever rendered shall constitute a debt
    secured by the security instruments given by the borrower to the
    Secretary to the extent that the Secretary may provide for
    recapture of such assistance.
      (ii) In determining the amount recaptured under this subparagraph
    with respect to any loan made pursuant to section 1472(a)(3) of
    this title for the purchase of a dwelling located on land owned by
    a community land trust, the Secretary shall determine any
    appreciation of the dwelling based on any agreement between the
    borrower and the community land trust that limits the sale price or
    appreciation of the dwelling.
      (E) Except for Federal or State laws relating to taxation, the
    assistance rendered to any borrower under subparagraphs (B) and (C)
    shall not be considered to be income or resources for any purpose
    under any Federal or State laws including, but not limited to, laws
    relating to welfare and public assistance programs.
      (F) Loans subject to the interest rates and assistance provided
    under this paragraph (1) may be made only when the Secretary
    determines the needs of the applicant for necessary housing cannot
    be met with financial assistance from other sources including
    assistance under the National Housing Act [12 U.S.C. 1701 et seq.]
    and the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.].
      (G) Interest on loans under section 1472 or 1487(a) of this title
    to victims of a natural disaster shall not exceed the rate which
    would be applicable to such loans under section 1472 of this title
    without regard to this section.
      (2)(A) The Secretary shall make and insure loans under this
    section and sections 1484, 1485, and 1487 of this title to provide
    rental or cooperative housing and related facilities for persons
    and families of low income in multifamily housing projects, and
    shall make, and contract to make, assistance payments to the owners
    of such rental, congregate, or cooperative housing in order to make
    available to low-income occupants of such housing rentals at rates
    commensurate to income and not exceeding the highest of (i) 30 per
    centum of monthly adjusted income, (ii) 10 per centum of monthly
    income, or (iii) if the person or family is receiving payments for
    welfare assistance from a public agency, the portion of such
    payments which is specifically designated by such agency to meet
    the person's or family's housing costs. Any rent or contribution of
    any recipient shall not increase as a result of this section or any
    other provision of Federal law or regulation by more than 10 per
    centum during any twelve-month period, unless the increase above 10
    per centum is attributable to increases in income which are
    unrelated to this subsection or other law or regulation.
      (B) The owner of any project assisted under this paragraph or
    paragraph (5) shall be required to provide at least annually a
    budget of operating expenses and record of tenants' income. The
    budget (and the income, in the case of a project assisted under
    this paragraph) shall be used to determine the amount of the
    assistance for each project.
      (C) The project owner shall accumulate, safeguard, and
    periodically pay to the Secretary any rental charges collected in
    excess of basic rental charges as established by the Secretary in
    conformity with subparagraph (A). These funds may be credited to
    the appropriation and used by the Secretary for making such
    assistance payments through the end of the next fiscal year.
    Notwithstanding the preceding sentence, excess funds received from
    tenants in projects financed under section 1485 of this title
    during a fiscal year shall be available during the next succeeding
    fiscal year, together with funds provided under subparagraph (D),
    to the extent approved in appropriations Acts, to make assistance
    payments to reduce rent overburden on behalf of tenants of any such
    project whose rents exceed the levels referred to in subparagraph
    (A). In providing assistance to relieve rent overburden, the
    Secretary shall provide assistance with respect to very low-income
    and low-income families to reduce housing rentals to the levels
    specified in subparagraph (A).
      (D) The Secretary, to the extent approved in appropriation Acts,
    may enter into rental assistance contracts aggregating not more
    than $398,000,000 in carrying out subparagraph (A) with respect to
    the fiscal year ending on September 30, 1982.
      (E) In order to assist elderly or handicapped persons or families
    who elect to live in a shared housing arrangement in which they
    benefit as a result of sharing the facilities of a dwelling with
    others in a manner that effectively and efficiently meets their
    housing needs and thereby reduces their cost of housing, the
    Secretary shall permit rental assistance to be used by such persons
    or families if the shared housing arrangement is in a single-family
    dwelling. For the purpose of this subparagraph, the Secretary shall
    prescribe minimum habitability standards to assure decent, safe,
    and sanitary housing for such families while taking into account
    the special circumstances of shared housing.
      (3)(A) In the case of loans under sections 1484 and 1485 of this
    title approved prior to the effective date of this paragraph with
    respect to which rental assistance is provided, the rent for
    tenants receiving such assistance shall not exceed the highest of
    (i) 30 per centum of monthly adjusted income, (ii) 10 per centum of
    monthly income, or (iii) if the person or family is receiving
    payments for welfare assistance from a public agency, the portion
    of such payments which is specifically designated by such agency to
    meet the person's or family's housing costs.
      (B) In the case of a section 1485 loan approved prior to the
    effective date of this paragraph with respect to which interest
    credits are provided, the tenant's rent shall not exceed the
    highest of (i) 30 per centum of monthly adjusted income, (ii) 10
    per centum of monthly income, or (iii) if the person or family is
    receiving payments for welfare assistance from a public agency, the
    portion of such payments which is specifically designated by such
    agency to meet the person's or family's housing costs, or, where no
    rental assistance authority is available, the rent level
    established on a basis of a 1 per centum interest rate on debt
    service.
      (C) No rent for a unit financed under section 1484 or 1485 of
    this title shall be increased as a result of this subsection or
    other provision of Federal law or Federal regulation by more than
    10 per centum in any twelve-month period, unless the increase above
    10 per centum is attributable to increases in income which are
    unrelated to this subsection or other law, or regulation.
      (4) In the case of a loan with respect to the purchase of a
    manufactured home with respect to which rental assistance is
    provided, the monthly payment for principal and interest on the
    manufactured home and for lot rental and utilities shall not exceed
    the highest of (A) 30 per centum of monthly adjusted income, (B) 10
    per centum of monthly income, or (C) if the person or family is
    receiving payments for welfare assistance from a public agency, the
    portion of such payments which is specifically designated by such
    agency to meet the person's or family's housing costs.
      (5) Operating assistance for migrant farmworker projects. - 
        (A) Authority. - In the case of housing (and related
      facilities) for migrant farmworkers provided or assisted with a
      loan under section 1484 of this title or a grant under section
      1486 of this title, the Secretary may, at the request of the
      owner of the project, use amounts provided for rental assistance
      payments under paragraph (2) to provide assistance for the costs
      of operating the project. Any tenant or unit assisted under this
      paragraph may not receive rental assistance under paragraph (2).
        (B) Amount. - In any fiscal year, the assistance provided under
      this paragraph for any project shall not exceed an amount equal
      to 90 percent of the operating costs for the project for the
      year, as determined by the Secretary. The amount of assistance to
      be provided for a project under this paragraph shall be an amount
      that makes units in the project available to migrant farmworkers
      in the area of the project at rates not exceeding 30 percent of
      the monthly adjusted incomes of such farmworkers, based on the
      prevailing incomes of such farmworkers in the area.
        (C) Submission of information. - The owner of a project
      assisted under this paragraph shall be required to provide to the
      Secretary, at least annually, a budget of operating expenses and
      estimated rental income, which the Secretary may use to determine
      the amount of assistance for the project.
        (D) Definitions. - For purposes of this paragraph, the
      following definitions shall apply:
          (i) The term "migrant farmworker" has the same meaning given
        such term in section 1486(k)(7) of this title.
          (ii) The term "operating cost" means expenses incurred in
        operating a project, including expenses for - 
            (I) administration, maintenance, repair, and security of
          the project;
            (II) utilities, fuel, furnishings, and equipment for the
          project; and
            (III) maintaining adequate reserve funds for the project.
    (b) Location in rural areas; inclusion of qualified nonrural
      residents who will become rural residents
      Housing and related facilities provided with loans described in
    subsection (a) of this section shall be located in rural areas; and
    applicants eligible for such loans under section 1472,
    1487(a)(1),(!2) or 1490f(a) of this title, or for occupancy of
    housing provided with such loans under section 1485 or 1490f(c) of
    this title, shall include otherwise qualified nonrural residents
    who will become rural residents.

    (c) Reimbursement of Rural Housing Insurance Fund
      There shall be reimbursed to the Rural Housing Insurance Fund by
    annual appropriations (1) the amounts by which nonprincipal
    payments made from the fund during each fiscal year to the holders
    of insured loans described in subsection (a)(1) of this section
    exceed interest due from the borrowers during each year, and (2)
    the amount of assistance payments described in subsections (a)(2)
    and (a)(5) of this section. There are authorized to be appropriated
    to the Rural Housing Insurance Fund such sums as may be necessary
    to reimburse such fund for the amount of assistance payments
    described in subsection (a)(1)(C) of this section. The Secretary
    may from time to time issue notes to the Secretary of the Treasury
    under section 1487(h) and of this title and section 1490f of this
    title to obtain amounts equal to such unreimbursed payments,
    pending the annual reimbursement by appropriation.
    (d) Rental assistance contract authority; preconditions,
      limitations, etc.
      (1) In utilizing the rental assistance payments authority
    pursuant to subsection (a)(2) of this section - 
        (A) the Secretary shall make such assistance available in
      existing projects for units occupied by low income families or
      persons to extend expiring contracts or to provide additional
      assistance when necessary to provide the full amount authorized
      pursuant to existing contracts;
        (B) any such authority remaining after carrying out
      subparagraph (A) shall be used in projects receiving commitments
      under section 1484, 1485, or 1486 of this title after fiscal year
      1983 for contracts to assist very low-income families or persons
      to occupy the units in such projects, except that not more than 5
      percent of the units assisted may be occupied by low income
      families or persons who are not very low-income families or
      persons; and
        (C) any such authority remaining after carrying out
      subparagraphs (A) and (B) may be used to provide further
      assistance to existing projects under section 1484, 1485, or 1486
      of this title.

      (2) The Secretary shall transfer rental assistance contract
    authority under this section from projects where such authority is
    unused after initial rentup and not needed because of a lack of
    eligible tenants in the area to projects where such authority is
    needed.
    (e) Increases in rent or contribution of any recipient
      Any rent or contribution of any recipient or any tenant in a
    project assisted under subsection (a)(5) of this section shall not
    increase as a result of this section, any amendment thereto, or any
    other provision of Federal law or regulation by more than 10 per
    centum during any twelve-month period, unless the increase above 10
    per centum is attributable to increases in income which are
    unrelated to this subsection or other law or regulation.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 521, as added Pub. L. 90-
    448, title X, Sec. 1001, Aug. 1, 1968, 82 Stat. 551; amended Pub.
    L. 93-383, title V, Secs. 514(a), (b), 516(c), Aug. 22, 1974, 88
    Stat. 696, 698; Pub. L. 94-375, Sec. 25(a), Aug. 3, 1976, 90 Stat.
    1078; Pub. L. 95-128, title V, Secs. 502(d), 507(a)(4), (5), 511,
    Oct. 12, 1977, 91 Stat. 1139, 1140, 1142; Pub. L. 95-557, title V,
    Secs. 506(a), 507, Oct. 31, 1978, 92 Stat. 2112, 2113; Pub. L. 96-
    153, title V, Secs. 501(c), 502(a), 504, Dec. 21, 1979, 93 Stat.
    1133-1135; Pub. L. 96-372, Sec. 6(d), Oct. 3, 1980, 94 Stat. 1364;
    Pub. L. 96-399, title V, Secs. 501(e), (f), 505, Oct. 8, 1980, 94
    Stat. 1668, 1669; Pub. L. 97-35, title III, Secs. 351(d), 352, Aug.
    13, 1981, 95 Stat. 421; Pub. L. 98-181, title V, Secs. 516, 517(a)-
    (c), (e), Nov. 30, 1983, 97 Stat. 1247-1249; Pub. L. 98-479, title
    I, Sec. 105(h), Oct. 17, 1984, 98 Stat. 2227; Pub. L. 100-242,
    title III, Secs. 309, 316(d), Feb. 5, 1988, 101 Stat. 1896, 1898;
    Pub. L. 101-625, title VII, Sec. 716, Nov. 28, 1990, 104 Stat.
    4296; Pub. L. 102-550, title VII, Sec. 702(b), Oct. 28, 1992, 106
    Stat. 3834; Pub. L. 105-276, title V, Sec. 599C(e)(1), (e)(2)(D)-
    (F), Oct. 21, 1998, 112 Stat. 2661, 2663; Pub. L. 106-569, title
    VII, Sec. 706, Dec. 27, 2000, 114 Stat. 3015.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1487(a) of this title, referred to in subsecs. (a)(1)(A)
    and (b), was amended by Pub. L. 98-181, title V, Sec. 514(a)(1),
    Nov. 30, 1983, 98 Stat. 1247, and, as so amended, does not contain
    a par. (1).
      The National Housing Act, referred to in subsec. (a)(1)(C) and
    (F), is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended,
    which is classified principally to chapter 13 (Sec. 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.
      The United States Housing Act of 1937, referred to in subsec.
    (a)(1)(C) and (F), is act Sept. 1, 1937, ch. 896, as revised
    generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974,
    88 Stat. 653, and amended, which is classified generally to chapter
    8 (Sec. 1437 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1437 of this title and Tables.
      The effective date of this paragraph, referred to in subsec.
    (a)(3)(A) and (B), is six months after Nov. 30, 1983, or upon the
    earlier promulgation of implementing regulations by the Secretary.
    See section 517(f) of Pub. L. 98-181, set out as an Effective Date
    of 1983 Amendment note below.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a)(5)(A). Pub. L. 106-569 substituted "Any tenant
    or unit assisted" for "Any project assisted" in last sentence.
      1998 - Subsec. (a)(2)(B). Pub. L. 105-276, Sec. 599C(e)(2)(D),
    inserted "or paragraph (5)" after "this paragraph" and substituted
    ". The budget (and the income, in the case of a project assisted
    under this paragraph) shall be used to determine the amount of the
    assistance for each project." for "which shall be used to determine
    the amount of assistance for each project."
      Subsec. (a)(5). Pub. L. 105-276, Sec. 599C(e)(1), added par. (5).
      Subsec. (c)(2). Pub. L. 105-276, Sec. 599C(e)(2)(E), substituted
    "subsections (a)(2) and (a)(5)" for "subsection (a)(2)".
      Subsec. (e). Pub. L. 105-276, Sec. 599C(e)(2)(F), inserted "or
    any tenant in a project assisted under subsection (a)(5) of this
    section" after "recipient".
      1992 - Subsec. (a)(1)(D). Pub. L. 102-550 designated existing
    provisions as cl. (i) and added cl. (ii).
      1990 - Subsec. (a)(2)(C). Pub. L. 101-625 inserted at end
    "Notwithstanding the preceding sentence, excess funds received from
    tenants in projects financed under section 1485 of this title
    during a fiscal year shall be available during the next succeeding
    fiscal year, together with funds provided under subparagraph (D),
    to the extent approved in appropriations Acts, to make assistance
    payments to reduce rent overburden on behalf of tenants of any such
    project whose rents exceed the levels referred to in subparagraph
    (A). In providing assistance to relieve rent overburden, the
    Secretary shall provide assistance with respect to very low-income
    and low-income families to reduce housing rentals to the levels
    specified in subparagraph (A)."
      1988 - Subsec. (a)(1)(A). Pub. L. 100-242, Sec. 316(d)(1), struck
    out before period at end ", except that such loans to provide
    housing and related facilities for persons or families of moderate
    income shall bear interest at the rate established by the Secretary
    of Housing and Urban Development under section 1709-1 of title 12
    with respect to maximum interest rates established for mortgages
    insured under section 1709(b) of title 12 if the Secretary
    determines that the borrower can afford such higher interest
    charges."
      Subsec. (a)(1)(B). Pub. L. 100-242, Sec. 309, inserted at end "In
    the case of assistance provided under this subparagraph with
    respect to a loan under section 1472 of this title, the Secretary
    may not reduce, cancel, or refuse to renew the assistance due to an
    increase in the adjusted income of the borrower if the reduction,
    cancellation, or nonrenewal will cause the borrower to be unable to
    reasonably afford the resulting payments required under the loan."
      Subsec. (a)(2)(A). Pub. L. 100-242, Sec. 316(d)(2), substituted
    comma for semicolon at end of cl. (ii).
      1984 - Subsec. (d)(1). Pub. L. 98-479 in amending par. (1)
    generally, inserted provisions preceding subpar. (A), in subpar.
    (A) substituted provisions authorizing Secretary to make assistance
    available in existing projects for former provisions which required
    Secretary to first assure that expiring contracts are extended for
    those units occupied by persons or families of low income and that
    additional assistance is used when necessary to provide the full
    amount authorized pursuant to existing contracts, in subpar. (B)
    substituted "any such authority remaining after carrying out
    subparagraph (A)" for "Remaining funds" and inserted provisions
    relating to persons who are not very low-income families or
    persons, and in subpar. (C) substituted provisions that remaining
    authority may be used to provide assistance under sections 1484 to
    1486 of this title for former provisions which authorized the
    Secretary to use remaining funds for existing projects for very low-
    income families except that 5 per centum of the units assisted may
    be occupied by families and persons of low income.
      1983 - Subsec. (a)(2)(A). Pub. L. 98-181, Sec. 517(c),
    substituted provisions setting forth factors applicable to
    determination of maximum amount, for provisions setting forth
    maximum amount as 25 per centum of income, and inserted provisions
    relating to limitations on increases of any rent or contribution of
    recipient.
      Pub. L. 98-181, Sec. 517(a), struck out provisions requiring
    assistance payments to be made on a unit basis and maximum amount
    of such payments, and provisions respecting priority for approval
    of projects under this paragraph.
      Subsec. (a)(2)(E). Pub. L. 98-181, Sec. 516, added subpar. (E).
      Subsec. (a)(3), (4). Pub. L. 98-181, Sec. 517(b), added pars. (3)
    and (4).
      Subsecs. (d), (e). Pub. L. 98-181, Sec. 517(e), added subsecs.
    (d) and (e).
      1981 - Subsec. (a)(1)(B). Pub. L. 97-35, Sec. 352, substituted
    "may provide" for "shall provide".
      Subsec. (a)(2)(D). Pub. L. 97-35, Sec. 351(d), substituted
    "$398,000,000" for "$493,000,000", and substituted provisions
    relating to fiscal year ending Sept. 30, 1982, for provisions
    relating to fiscal year ending Sept. 30, 1981.
      1980 - Subsec. (a)(1)(B). Pub. L. 96-399, Sec. 505, substituted
    "the Secretary shall provide" for "the Secretary may provide".
      Subsec. (a)(1)(C). Pub. L. 96-399, Sec. 501(f), substituted
    provisions limiting the amount of additional assistance which may
    be approved to $100,000,000, for provisions limiting such amounts
    to $985,000,000 for contracts entered into with respect to fiscal
    year 1979 and $500,000,000 for contracts entered into through Oct.
    15, 1980, and substituted "with respect to any fiscal year
    beginning on or after October 1, 1981" for "after October 15,
    1980".
      Pub. L. 96-372 substituted "through October 15, 1980" for "with
    respect to fiscal year 1980" and in last sentence "after October
    15, 1980" for "with respect to any fiscal year after fiscal year
    1980".
      Subsec. (a)(2)(D). Pub. L. 96-399, Sec. 501(e), added subpar.
    (D).
      1979 - Subsec. (a)(1)(A). Pub. L. 96-153, Sec. 502(a), inserted
    exception that loans to provide housing and related facilities for
    persons or families of moderate income shall bear interest at the
    rate established by the Secretary under certain provisions of title
    12.
      Subsec. (a)(1)(C). Pub. L. 96-153, Sec. 501(c)(1), inserted
    provisions that the amount of such additional assistance which may
    be approved in appropriation acts may not exceed an aggregate
    amount of $985,000,000 for contracts entered into with respect to
    fiscal year 1979 and an aggregate amount of $500,000,000 for
    contracts entered into with respect to fiscal year 1980 and that
    such additional assistance may not be so approved with respect to
    any fiscal year after fiscal year 1980.
      Subsec. (a)(1)(H). Pub. L. 96-153, Sec. 501(c)(3), repealed
    subpar. (H) which provided that the aggregate principal amount of
    loans made to borrowers receiving assistance pursuant to subpar.
    (C) shall not exceed $440,000,000.
      Subsec. (a)(2)(A). Pub. L. 96-153, Sec. 504, substituted
    "assistance payments to the owners of" for "assistance payments to
    public and private nonprofit owners of", "70 per centum" for "20
    per centum" in two places, "by a loan under section 1484 of this
    title to a public or private nonprofit owner" for "by a loan under
    section 1484 of this title", the first time section 1484 of this
    title appeared in cl. (i), and inserted provisions that in
    approving projects for assistance under this paragraph, the
    Secretary shall give priority to projects in which assistance is
    provided to 40 per centum or fewer of the units contained in the
    project.
      Subsec. (c). Pub. L. 96-153, Sec. 501(c)(2), inserted
    authorization of appropriation to Rural Housing Insurance Fund of
    such sums as may be necessary to reimburse fund for amount of
    assistance payments under subsec. (a)(1)(C) of this section.
      1978 - Subsec. (a)(1)(A) to (H). Pub. L. 95-557, Sec. 506(a),
    designated existing provisions as par. (1)(A), and in par. (1)(A)
    as so designated, struck out "less not to exceed the difference
    between the adjusted rate determined by the Secretary of the
    Treasury and 1 per cent per annum: Provided, That such a loan may
    be made only when the Secretary determines that the needs of the
    applicant for necessary housing cannot be met with financial
    assistance from other sources including assistance under section
    1715z or 1715z-1 of title 12: Provided further, That interest on
    loans under section 1472 or 1487(a) of this title to victims of
    natural disaster shall not exceed the rate which would be
    applicable to such loans under section 1472 of this title without
    regard to this section", after "one-eighth of 1 per centum," and
    added pars. (B) to (H).
      Subsec. (a)(2)(A). Pub. L. 95-557, Sec. 507, substituted "public
    and private nonprofit owners" for "the owners", inserted
    "congregate, or cooperative" after "rental" and inserted "by a loan
    under section 1484 of this title" after "section 1485 of this title
    for elderly or handicapped housing".
      1977 - Subsec. (a)(1). Pub. L. 95-128, Secs. 502(d), 507(a)(4),
    provided that any loan guaranteed under this subchapter shall bear
    interest at the rate as may be agreed upon by the borrower and the
    lender and provided loans for housing of handicapped persons or
    families.
      Subsec. (a)(2)(A). Pub. L. 95-128, Secs. 507(a)(5), 511, included
    handicapped housing in cl. (i) and substituted "shall" for "may"
    wherever appearing, except in cl. (i).
      1976 - Subsec. (a)(1). Pub. L. 94-375 substituted "rate
    determined by the Secretary of the Treasury upon the request of the
    Secretary" for "rate determined annually by the Secretary of the
    Treasury".
      1974 - Subsec. (a)(1). Pub. L. 93-383, Secs. 514(a), 516(c)(1),
    redesignated existing subsec. (a) as (a)(1) and, as so
    redesignated, substituted "loans under section 1485 of this title"
    for "and loans under section 1485 of this title" and inserted
    provisions relating to loans under section 1490f of this title to
    provide condominium housing for persons and families of low or
    moderate income.
      Subsec. (a)(2). Pub. L. 93-383, Sec. 514(a), added par. (2).
      Subsec. (b). Pub. L. 93-383, Sec. 516(c)(2), inserted references
    to sections 1490f(a) and 1490f(c) of this title.
      Subsec. (c). Pub. L. 93-383, Secs. 514(b), 516(c)(3), reorganized
    structure of subsec. (c) by designating existing provisions as cl.
    (1) and, as so designated, substituted reference to subsec. (a)(1)
    of this section for reference to subsec. (a) of this section, added
    cl. (2), and made former second clause into second sentence, and,
    as so amended, inserted reference to section 1490f of this title
    and struck out "excess" after "unreimbursed".

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 517(f) of Pub. L. 98-181 provided that: "The amendments
    made by this section [amending this section and section 1490j of
    this title] shall take effect six months after the date of
    enactment of this Act [Nov. 30, 1983], or upon the earlier
    promulgation of regulations implementing this section by the
    Secretary."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
    371 of Pub. L. 97-35, set out as an Effective Date note under
    section 3701 of Title 12, Banks and Banking.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 1490b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490b. Housing for rural trainees

-STATUTE-
    (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) of this
    section 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) of this section; 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 522, as added Pub. L. 90-
    448, title X, Sec. 1002, Aug. 1, 1968, 82 Stat. 551; amended Pub.
    L. 98-479, title II, Sec. 201(c), Oct. 17, 1984, 98 Stat. 2228;
    Pub. L. 100-242, title III, Sec. 316(e), Feb. 5, 1988, 101 Stat.
    1898.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-242 substituted "Secretary of
    Health and Human Services" for "Secretary of Health, and Human
    Services".
      1984 - Subsec. (a). Pub. L. 98-479 substituted "Health, and Human
    Services" for "Health, Education, and Welfare".

                      OFFICE OF ECONOMIC OPPORTUNITY                  
      Pub. L. 93-644, Sec. 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. 97-35, 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. 97-35 (42 U.S.C. 9905).

-End-



-CITE-
    42 USC Sec. 1490c                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490c. Mutual and self-help housing

-STATUTE-
    (a) Purpose
      The purposes of this section are (1) to make financial assistance
    available on reasonable terms and conditions in rural areas and
    small towns to needy low-income individuals and their families who,
    with the benefit of technical assistance and overall guidance and
    supervision, participate in approved programs of mutual or self-
    help housing by acquiring and developing necessary land, acquiring
    building materials, providing their own labor, and working
    cooperatively with others for the provision of decent, safe, and
    sanitary dwellings for themselves, their families, and others in
    the area or town involved, and (2) to facilitate the efforts of
    both public and private nonprofit organizations providing
    assistance to such individuals to contribute their technical and
    supervisory skills toward more effective and comprehensive programs
    of mutual or self-help housing in rural areas and small towns
    wherever necessary.
    (b) Contract authority; establishment of Self-Help Housing Land
      Development Fund; authorization to make loans; conditions of loan
      In order to carry out the purposes of this section, the Secretary
    of Agriculture (in this section referred to as the "Secretary") is
    authorized - 
        (1)(A) to make grants to, or contract with, public or private
      nonprofit corporations, agencies, institutions, organizations,
      Indian tribes, and other associations approved by him, to pay
      part or all of the costs of developing, conducting,
      administering, or coordinating effective and comprehensive
      programs of technical and supervisory assistance which will aid
      needy low-income individuals and their families in carrying out
      mutual or self-help housing efforts, including the repair of
      units financed under section 1472 of this title that are being
      held in inventory; and
        (B) to establish the Self-Help Housing Land Development Fund,
      referred to herein as the Self-Help Fund, to be used by the
      Secretary as a revolving fund for making loans, on such terms and
      conditions and in such amounts as 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, and
      cooperatives eligible for assistance under section 1715z or 1715z-
      1 of title 12 or section 1490a of this title. Such a loan, with
      interest at a rate not to exceed 3 percent per annum, shall be
      repaid within a period not to exceed two 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 hereof: Provided, That the Secretary may advance funds
      under this paragraph to organizations receiving assistance under
      clause (A) to enable them to establish revolving accounts for the
      purchase of land options and any such advances may bear interest
      at a rate determined by the Secretary and shall be repaid to the
      Secretary at the expiration of the period for which the grant to
      the organization involved was made;
        (2) to make grants to, or contract with, national or regional
      private nonprofit corporations to provide training and technical
      assistance to public or private nonprofit corporations, agencies,
      institutions, organizations, and other associations, including
      Indian tribes, eligible to receive assistance under this section
      in order to expand the use of authorities contained in this
      section and to improve performance; and
        (3) to make loans, on such terms and conditions and in such
      amounts as he deems necessary, to needy low-income individuals
      participating in programs of mutual or self-help housing approved
      by him, for the acquisition and development of land and for the
      purchase of such other building materials as may be necessary in
      order to enable them, by providing substantially all of their own
      labor, and by cooperating with others participating in such
      programs, to carry out to completion the construction of decent,
      safe, and sanitary dwellings for such individuals and their
      families, subject to the following limitations:
          (A) there is reasonable assurance of repayment of the loan;
          (B) the amount of the loan, together with other funds which
        may be available, is adequate to achieve the purpose for which
        the loan is made;
          (C) the credit assistance is not otherwise available on like
        terms or conditions from private sources or through other
        Federal, State, or local programs;
          (D) the loan bears interest at a rate not to exceed 3 per
        centum per annum on the unpaid balance of principal, plus such
        additional charge, if any, toward covering other costs of the
        loan program as the Secretary may determine to be consistent
        with its purposes; and
          (E) the loan is repayable within not more than thirty-three
        years.
    (c) Considerations for financial assistance
      In determining whether to extend financial assistance under
    paragraph (1) or (2) of subsection (b) of this section, the
    Secretary shall take into consideration, among other factors, the
    suitability of the area within which construction will be carried
    out to the type of dwelling which can be provided under mutual or
    self-help housing programs, the extent to which the assistance will
    facilitate the provision of more decent, safe, and sanitary housing
    conditions than presently exist in the area, the extent to which
    the assistance will be utilized efficiently and expeditiously, the
    extent to which the assistance will effect an increase in the
    standard of living of low-income individuals participating in the
    mutual or self-help housing program, and whether the assistance
    will fulfill a need in the area which is not otherwise being met
    through other programs, including those carried out by other
    Federal, State, or local agencies.
    (d) "Construction" defined
      As used in this section, the term "construction" includes the
    erection of new dwellings, and the rehabilitation, alteration,
    conversion, or improvement of existing structures.
    (e) Establishment of appropriate criteria and procedures for
      determining eligibility of applicants
      The Secretary is authorized to establish appropriate criteria and
    procedures in order to determine the eligibility of applicants for
    the financial assistance provided under this section, including
    criteria and procedures with respect to the periodic review of any
    construction carried out with such financial assistance.
    (f) Repealed. Pub. L. 102-550, title VII, Sec. 710(2), Oct. 28,
      1992, 106 Stat. 3840
    (g) Deposit in Self-Help Fund; availability of amounts; assets
      Amounts appropriated under this subsection, together with
    principal collections from loans made under appropriations in any
    previous fiscal years, shall be deposited in the Self-Help Housing
    Land Development Fund, which shall be available, to the extent
    approved in appropriation Acts, as a revolving fund for making
    loans under subsection (b)(1)(B) of this section; except that not
    more than $5,000,000 may be made available during fiscal year 1985.
    Instruments and property acquired by the Secretary in or as a
    result of making such loans shall be assets of the Self-Help
    Housing Land Development Fund.
    (h) Rules and regulations
      The Secretary shall issue rules and regulations for the orderly
    processing and review of applications under this section and rules
    and regulations protecting the rights of grantees under this
    section in the event he determines to end grant assistance prior to
    the termination date of any grant agreement.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 523, as added Pub. L. 90-
    448, title X, Sec. 1005, Aug. 1, 1968, 82 Stat. 553; amended Pub.
    L. 93-117, Sec. 13(d), Oct. 2, 1973, 87 Stat. 423; Pub. L. 93-383,
    title V, Sec. 512, Aug. 22, 1974, 88 Stat. 695; Pub. L. 95-60, Sec.
    4(d), June 30, 1977, 91 Stat. 258; Pub. L. 95-80, Sec. 4(d), July
    31, 1977, 91 Stat. 340; Pub. L. 95-128, title V, Sec. 501(d), Oct.
    12, 1977, 91 Stat. 1139; Pub. L. 95-406, Sec. 7(d), Sept. 30, 1978,
    92 Stat. 881; Pub. L. 95-557, title V, Sec. 501(g), (h), Oct. 31,
    1978, 92 Stat. 2111; Pub. L. 96-71, Sec. 5(d), Sept. 28, 1979, 93
    Stat. 502; Pub. L. 96-105, Sec. 5(d), Nov. 8, 1979, 93 Stat. 795;
    Pub. L. 96-153, title V, Secs. 501(d), (e), 505, Dec. 21, 1979, 93
    Stat. 1133, 1135; Pub. L. 96-372, Sec. 6(e), Oct. 3, 1980, 94 Stat.
    1365; Pub. L. 96-399, title V, Secs. 501(d), 507(e), Oct. 8, 1980,
    94 Stat. 1668, 1670; Pub. L. 97-35, title III, Sec. 351(e), Aug.
    13, 1981, 95 Stat. 421; Pub. L. 97-289, Sec. 3(c), Oct. 6, 1982, 96
    Stat. 1231; Pub. L. 98-35, Sec. 3(c), May 26, 1983, 97 Stat. 198;
    Pub. L. 98-109, Sec. 4(c), Oct. 1, 1983, 97 Stat. 746; Pub. L. 98-
    181, title V, Sec. 511(d), (e), Nov. 30, 1983, 97 Stat. 1244; Pub.
    L. 98-479, title II, Sec. 204(c)(2), Oct. 17, 1984, 98 Stat. 2233;
    Pub. L. 99-120, Sec. 3(c), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99-
    156, Sec. 3(c), Nov. 15, 1985, 99 Stat. 816; Pub. L. 99-219, Sec.
    3(c), Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99-267, Sec. 3(c), Mar.
    27, 1986, 100 Stat. 74; Pub. L. 99-272, title III, Sec. 3009(c),
    Apr. 7, 1986, 100 Stat. 106; Pub. L. 99-289, Sec. 1(b), May 2,
    1986, 100 Stat. 412; Pub. L. 99-345, Sec. 1, June 24, 1986, 100
    Stat. 673; Pub. L. 99-430, Sept. 30, 1986, 100 Stat. 986; Pub. L.
    100-122, Sec. 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100-154,
    Nov. 5, 1987, 101 Stat. 890; Pub. L. 100-170, Nov. 17, 1987, 101
    Stat. 914; Pub. L. 100-179, Dec. 3, 1987, 101 Stat. 1018; Pub. L.
    100-200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100-242, title III,
    Sec. 301(f), Feb. 5, 1988, 101 Stat. 1893; Pub. L. 101-137, Sec.
    7(c), Nov. 3, 1989, 103 Stat. 826; Pub. L. 101-625, title VII, Sec.
    701(f), Nov. 28, 1990, 104 Stat. 4282; Pub. L. 102-142, title VII,
    Sec. 743(b), Oct. 28, 1991, 105 Stat. 915; Pub. L. 102-550, title
    VII, Sec. 710, Oct. 28, 1992, 106 Stat. 3840.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(1)(A). Pub. L. 102-550, Sec. 710(1), inserted
    ", including the repair of units financed under section 1472 of
    this title that are being held in inventory" after "efforts".
      Subsec. (f). Pub. L. 102-550, Sec. 710(2), struck out subsec. (f)
    which read as follows: "No grant or loan may be made or contract
    entered into under the authority of this section after September
    30, 1992, except pursuant to a commitment or other obligation
    entered into pursuant to this section before that date."
      1991 - Subsec. (f). Pub. L. 102-142 substituted "1992" for
    "1991".
      1990 - Subsec. (f). Pub. L. 101-625 substituted "1991" for
    "1990".
      1989 - Subsec. (f). Pub. L. 101-137 substituted "1990" for
    "1989".
      1988 - Subsec. (f). Pub. L. 100-242 substituted "September 30,
    1989" for "March 15, 1988".
      1987 - Subsec. (f). Pub. L. 100-200 substituted "March 15, 1988"
    for "December 16, 1987".
      Pub. L. 100-179 substituted "December 16, 1987" for "December 2,
    1987".
      Pub. L. 100-170 substituted "December 2, 1987" for "November 15,
    1987".
      Pub. L. 100-154 substituted "November 15, 1987" for "October 31,
    1987".
      Pub. L. 100-122 substituted "October 31, 1987" for "September 30,
    1987".
      1986 - Subsec. (f). Pub. L. 99-430 substituted "1987" for "1986".
      Pub. L. 99-345 substituted "September 30, 1986" for "June 6,
    1986".
      Pub. L. 99-289 substituted "June 6, 1986" for "April 30, 1986".
      Pub. L. 99-272 directed amendment identical to Pub. L. 99-219,
    substituting "March 17, 1986" for "December 15, 1985".
      Pub. L. 99-267 substituted "April 30, 1986" for "March 17, 1986".
      1985 - Subsec. (f). Pub. L. 99-219 substituted "March 17, 1986"
    for "December 15, 1985".
      Pub. L. 99-156 substituted "December 15, 1985" for "November 14,
    1985".
      Pub. L. 99-120 substituted "November 14, 1985" for "September 30,
    1985".
      1984 - Subsec. (g). Pub. L. 98-479 inserted "Housing" before
    "Land" after "Self-Help" in last sentence.
      1983 - Subsec. (f). Pub. L. 98-181, Sec. 511(d), substituted
    "September 30, 1985" for "November 30, 1983", and struck out first
    sentence which authorized not to exceed $5,000,000 to carry out
    this section for fiscal year 1983.
      Pub. L. 98-109 substituted "November 30, 1983" for "September 30,
    1983" the second time it appeared.
      Pub. L. 98-35 substituted "September 30, 1983" for "May 20, 1983"
    in two places.
      Subsec. (g). Pub. L. 98-181, Sec. 511(e), substituted "1985" for
    "1982" and struck out first sentence which authorized not to exceed
    $3,000,000 to carry out subsec. (b)(1)(B) for fiscal year 1982.
      1982 - Subsec. (f). Pub. L. 97-289 substituted "May 20, 1983" for
    "September 30, 1982" wherever appearing.
      1981 - Subsec. (f). Pub. L. 97-35, Sec. 351(e)(1), substituted
    "1982" for "1981" in two places.
      Subsec. (g). Pub. L. 97-35, Sec. 351(e)(2)-(4), inserted
    provisions relating to availability in appropriation Acts, and
    substituted provisions relating to authorization of appropriations
    for fiscal year ending Sept. 30, 1982, for provisions authorizing
    appropriations for fiscal year ending Sept. 30, 1981.
      1980 - Subsec. (b). Pub. L. 96-399, Sec. 507(e), inserted
    reference to Indian tribes in subpars. (1)(A) and (B), and in par.
    (2).
      Subsec. (f). Pub. L. 96-399, Sec. 501(d)(1), substituted
    "September 30, 1981" for "October 15, 1980" wherever appearing.
      Pub. L. 96-372 substituted "October 15, 1980" for "September 30,
    1980" wherever appearing.
      Subsec. (g). Pub. L. 96-399, Sec. 501(d)(2), substituted
    provisions authorizing appropriations not to exceed $2,500,000 for
    fiscal 1981, such amount together with principal collections from
    loans under appropriations in prior years to be deposited in the
    Self-Help Housing Land Development Fund, to be available as a
    revolving fund for loans under subsec. (b)(1)(B) of this section
    for provisions authorizing appropriations not to exceed $1,000,000,
    $2,000,000, $3,000,000 and $1,000,000 for fiscal years ending June
    30, 1969, June 30, 1970, Sept. 30, 1979, and Sept. 30, 1980,
    respectively, provisions allowing appropriation of authorized funds
    in succeeding years, to be deposited in the Self-Help Fund to be
    available without fiscal year limitation, and provision for deposit
    in such Fund of sums received from repayment of such loans.
      1979 - Subsec. (b). Pub. L. 96-153, Sec. 505, redesignated
    existing par. (2) as (3) and added par. (2).
      Subsec. (f). Pub. L. 96-153, Sec. 501(d), substituted
    authorization of appropriation of $5,000,000 for fiscal year ending
    Sept. 30, 1980, for provisions containing authorization of
    appropriation for fiscal years commencing June 30, 1968 to Oct. 1,
    1978, and substituted "September 30, 1980" for "November 30, 1979".
      Pub. L. 96-105 substituted "December 1, 1979" and "November 30,
    1979" for "November 1, 1979" and "October 31, 1979", respectively.
      Pub. L. 96-71 substituted "November 1, 1979" and "October 31,
    1979" for "October 1, 1979" and "September 30, 1979", respectively.
      Subsec. (g). Pub. L. 96-153, Sec. 501(e), inserted authorization
    of appropriation of $1,000,000 for fiscal year ending September 30,
    1980.
      1978 - Subsec. (f). Pub. L. 95-557, Sec. 501(g), substituted
    "October 1, 1979" for "November 1, 1978", "September 30, 1979" for
    "October 31, 1978", and "$16,500,000" for "$10,000,000".
      Pub. L. 95-406 substituted "November 1, 1978" for "October 1,
    1978" and "October 31, 1978" for "September 30, 1978".
      Subsec. (g). Pub. L. 95-557, Sec. 501(h), inserted "and not to
    exceed $3,000,000 for the fiscal year ending September 30, 1979",
    after "June 30, 1970".
      1977 - Subsec. (f). Pub. L. 95-128 substituted "1978" for "1977"
    wherever appearing.
      Pub. L. 95-80 substituted "October 1, 1977" for "August 1, 1977"
    and "September 30, 1977" for "July 31, 1977".
      Pub. L. 95-60 substituted "August 1, 1977" for "July 1, 1977" and
    "July 31, 1977" for "June 30, 1977".
      1974 - Subsec. (b)(1). Pub. L. 93-383, Sec. 512(a), inserted
    proviso relating to advance of funds by Secretary at end of cl.
    (B).
      Subsec. (f). Pub. L. 93-383, Sec. 512(b), substituted "1977" for
    "1974" wherever appearing and "$10,000,000" for "$5,000,000".
      Subsec. (h). Pub. L. 93-383, Sec. 512(c), added subsec. (h).
      1973 - Subsec. (f). Pub. L. 93-117 substituted "1974" for "1973"
    wherever appearing.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
    371 of Pub. L. 97-35, set out as an Effective Date note under
    section 3701 of Title 12, Banks and Banking.

-End-



-CITE-
    42 USC Sec. 1490d                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 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

-STATUTE-
      (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 two 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 524, as added Pub. L. 91-
    152, title IV, Sec. 413(f)(1), Dec. 24, 1969, 83 Stat. 399;
    amended Pub. L. 93-383, title V, Sec. 513, Aug. 22, 1974, 88 Stat.
    696; Pub. L. 96-399, title V, Sec. 507(f), Oct. 8, 1980, 94 Stat.
    1670; Pub. L. 102-550, title VII, Sec. 715, Oct. 28, 1992, 106
    Stat. 3842.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-550 designated existing
    provisions as par. (1), inserted par. heading, and added par. (2).
      1980 - Subsec. (a). Pub. L. 96-399 inserted reference to Indian
    tribes.
      1974 - Subsec. (a). Pub. L. 93-383 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 1715z-1 of
    title 12 or section 1490a of this title".

-End-



-CITE-
    42 USC Sec. 1490e                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490e. Programs of technical and supervisory assistance for
      low-income individuals and families in rural areas

-STATUTE-
    (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. 98-181, title V, Sec. 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) of this
    section 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) of
    this section shall be deposited in such fund.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 525, as added Pub. L. 93-
    383, title V, Sec. 515, Aug. 22, 1974, 88 Stat. 697; amended Pub.
    L. 95-557, title V, Sec. 501(i), Oct. 31, 1978, 92 Stat. 2111; Pub.
    L. 96-399, title V, Sec. 507(g), Oct. 8, 1980, 94 Stat. 1670; Pub.
    L. 98-181, title V, Sec. 518, Nov. 30, 1983, 97 Stat. 1249.)


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (b). Pub. L. 98-181, Sec. 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. 98-181, Sec. 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. 96-399 inserted references to
    Indian tribes.
      1978 - Subsec. (c). Pub. L. 95-557 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."

-End-



-CITE-
    42 USC Sec. 1490f                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490f. Loans and insurance of loans for condominium housing in
      rural areas

-STATUTE-
    (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) of this section
    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) of this section 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) of this section, 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) of this section. 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)
    of this section.
    (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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 526, as added Pub. L. 93-
    383, title V, Sec. 516(a), Aug. 22, 1974, 88 Stat. 698; amended
    Pub. L. 98-181, title V, Sec. 519(a), Nov. 30, 1983, 97 Stat. 1249;
    Pub. L. 100-242, title III, Sec. 316(f), Feb. 5, 1988, 101 Stat.
    1898.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsecs. (a), (c). Pub. L. 100-242 struck out "and" after
    "is authorized,".
      1983 - Subsecs. (a), (c). Pub. L. 98-181 struck out "in his
    discretion" after "Secretary is authorized,".

-End-



-CITE-
    42 USC Sec. 1490g                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490g. Repealed.

-MISC1-
    Sec. 1490g. Repealed. Pub. L. 98-181, title V, Sec. 503(c), Nov.
      30, 1983, 97 Stat. 1241.
      Section, act July 15, 1949, ch. 338, title V, Sec. 527, as added
    Aug. 22, 1974, Pub. L. 93-383, title V, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1490h                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490h. Taxation of property held by Secretary

-STATUTE-
      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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 528, as added Pub. L. 95-
    128, title V, Sec. 512(a), Oct. 12, 1977, 91 Stat. 1142; amended
    Pub. L. 98-479, title II, Sec. 204(c)(3), Oct. 17, 1984, 98 Stat.
    2233.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-479 substituted "property held by Secretary"
    for "Farmers Home Administration-held property" in section
    catchline.

                              EFFECTIVE DATE                          
      Section 512(c) of Pub. L. 95-128 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 PAYMENTS
      Section 512(b) of Pub. L. 95-128 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."

-End-



-CITE-
    42 USC Sec. 1490i                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490i. Repealed.

-MISC1-
    Sec. 1490i. Repealed. Pub. L. 98-181, title V, Sec. 506(b), Nov.
      30, 1983, 97 Stat. 1242.
      Section, act July 15, 1949, ch. 338, title V, Sec. 529, as added
    Nov. 9, 1978, Pub. L. 95-619, title II, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1490j                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490j. Conditions on rent increases in projects receiving
      assistance under other provisions of law

-STATUTE-
      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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 530, as added Pub. L. 96-
    399, title V, Sec. 509, Oct. 8, 1980, 94 Stat. 1670; amended Pub.
    L. 98-181, title V, Sec. 517(d), Nov. 30, 1983, 97 Stat. 1248; Pub.
    L. 105-276, title V, Sec. 599C(e)(2)(G), Oct. 21, 1998, 112 Stat.
    2663.)


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-276 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. 98-181 substituted "30 per centum" for "25 per
    centum".

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 98-181 effective six months after Nov. 30,
    1983, or upon the earlier promulgation of implementing regulations,
    see section 517(f) of Pub. L. 98-181, set out as a note under
    section 1490a of this title.

-End-



-CITE-
    42 USC Sec. 1490k                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490k. FHA insurance

-STATUTE-
      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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 531, as added Pub. L. 98-
    181, title V, Sec. 520, Nov. 30, 1983, 97 Stat. 1249.)

-End-



-CITE-
    42 USC Sec. 1490l                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490l. Processing of applications

-STATUTE-
    (a) Priority
      Except as otherwise provided in subsection (c) of this section,
    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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 532, as added Pub. L. 98-
    181, title V, Sec. 521, Nov. 30, 1983, 97 Stat. 1250; amended Pub.
    L. 104-180, title VII, Sec. 734(f), Aug. 6, 1996, 110 Stat. 1604.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-180, Sec. 734(f)(1), substituted
    "Except as otherwise provided in subsection (c) of this section,
    the Secretary" for "The Secretary" in introductory provisions.
      Subsec. (c). Pub. L. 104-180, Sec. 734(f)(2), added subsec. (c).

-End-



-CITE-
    42 USC Sec. 1490m                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490m. Housing preservation grants

-STATUTE-
    (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 State's
    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) of this section 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 88-352 [42 U.S.C. 2000a
      et seq.] and Public Law 90-284;
        (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) of this section.
    (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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 533, as added Pub. L. 98-
    181, title V, Sec. 522, Nov. 30, 1983, 97 Stat. 1250; amended Pub.
    L. 100-242, title III, Secs. 310, 316(g), Feb. 5, 1988, 101 Stat.
    1896, 1898; Pub. L. 101-625, title VII, Sec. 717, Nov. 28, 1990,
    104 Stat. 4296; Pub. L. 102-550, title VII, Secs. 706(1), 711, Oct.
    28, 1992, 106 Stat. 3835, 3840; Pub. L. 105-276, title V, Sec.
    550(e), Oct. 21, 1998, 112 Stat. 2610; Pub. L. 105-362, title I,
    Sec. 101(h), Nov. 10, 1998, 112 Stat. 3281.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 88-352, referred to in subsec. (e)(1)(C), is Pub. L.
    88-352, July 2, 1964, 78 Stat. 241, as amended, known as the Civil
    Rights Act of 1964, which is classified principally to subchapters
    II to IX (Sec. 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 90-284, referred to in subsec. (e)(1)(C), is Pub. L.
    90-284, Apr. 11, 1968, 82 Stat. 73, as amended, 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.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-276 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. 105-362 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. 102-550, Secs. 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. 102-550, Sec. 711(1)(A), inserted
    "or replace" after "rehabilitate".
      Subsec. (b). Pub. L. 102-550, Sec. 711(2)(A), substituted
    "Preservation programs" for "Rehabilitation programs" in
    introductory provisions.
      Subsec. (b)(2). Pub. L. 102-550, Sec. 711(2)(E), added par. (2).
    Former par. (2) redesignated (3).
      Subsec. (b)(3). Pub. L. 102-550, Sec. 711(2)(D), redesignated
    par. (2) as (3). Former par. (3) redesignated (4).
      Pub. L. 102-550, Sec. 711(2)(B), inserted "or replacement" after
    "rehabilitation" in two places.
      Subsec. (b)(4). Pub. L. 102-550, Sec. 711(2)(D), redesignated
    par. (3) as (4). Former par. (4) redesignated (5).
      Pub. L. 102-550, Sec. 711(2)(C), substituted "repair,
    rehabilitation, and replacement" for "repair and rehabilitation".
      Subsec. (b)(5) to (7). Pub. L. 102-550, Sec. 711(2)(D),
    redesignated pars. (4) to (6) as (5) to (7), respectively.
      Subsec. (c)(1). Pub. L. 102-550, Sec. 711(3), substituted "grant
    funds under this section" for "rehabilitation grant funds" in
    introductory provisions.
      Subsec. (d)(1). Pub. L. 102-550, Sec. 711(4)(A), substituted
    "preservation program" for "rehabilitation program".
      Subsec. (d)(3)(A), (B), (D). Pub. L. 102-550, Sec. 711(4)(B),
    substituted "repair, rehabilitation, and replacement" for "repair
    and rehabilitation".
      Subsec. (d)(4). Pub. L. 102-550, Sec. 711(4)(C), inserted ", or
    replacement," after "rehabilitation".
      Subsec. (d)(5). Pub. L. 102-550, Sec. 711(4)(D), added par. (5).
      1990 - Subsec. (c)(1). Pub. L. 101-625, Sec. 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. 101-625, Sec. 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. 100-242, Sec. 316(g)(1),
    inserted "to" before "refuse".
      Subsec. (g). Pub. L. 100-242, Sec. 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. 100-242, Sec. 310, designated existing
    provisions as par. (1) and added par. (2).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by title V of Pub. L. 105-276 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. 105-276, set out as a
    note under section 1437 of this title.

                 RURAL RENTAL REHABILITATION DEMONSTRATION             
      Pub. L. 100-242, title III, Sec. 311, Feb. 5, 1988, 101 Stat.
    1896, as amended by Pub. L. 100-628, title X, Sec. 1044, Nov. 7,
    1988, 102 Stat. 3273; Pub. L. 101-137, Sec. 7(d), Nov. 3, 1989, 103
    Stat. 826; Pub. L. 101-144, title II, Nov. 9, 1989, 103 Stat. 846;
    Pub. L. 105-362, title VII, Sec. 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.

-End-



-CITE-
    42 USC Sec. 1490n                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490n. Review of rules and regulations

-STATUTE-
    (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) of
    this section.
    (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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 534, as added Pub. L. 98-
    181, title V, Sec. 523, Nov. 30, 1983, 97 Stat. 1254; amended Pub.
    L. 100-242, title V, Sec. 563(b), Feb. 5, 1988, 101 Stat. 1944.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (d). Pub. L. 100-242 added subsec. (d).

-CHANGE-
                              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. 104-14, 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.

-End-



-CITE-
    42 USC Sec. 1490o                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490o. Reciprocity in approval of housing subdivisions among
      Federal agencies

-STATUTE-
    (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) of this section,
    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)
    of this section, 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 535, as added Pub. L. 98-
    181, title V, Sec. 523, Nov. 30, 1983, 97 Stat. 1254; amended Pub.
    L. 100-628, title X, Sec. 1067, Nov. 7, 1988, 102 Stat. 3276; Pub.
    L. 101-235, title III, Sec. 303, Dec. 15, 1989, 103 Stat. 2044;
    Pub. L. 101-625, title VII, Sec. 718(a), Nov. 28, 1990, 104 Stat.
    4297; Pub. L. 102-54, Sec. 13(q)(5), June 13, 1991, 105 Stat. 280;
    Pub. L. 102-550, title VII, Sec. 716(a), (c), Oct. 28, 1992, 106
    Stat. 3842; Pub. L. 103-120, Sec. 8(a), Oct. 27, 1993, 107 Stat.
    1151.)


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (b). Pub. L. 103-120 substituted "September 30,
    1994" for "June 15, 1993".
      1992 - Subsec. (b). Pub. L. 102-550, Sec. 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. 102-550, Sec. 716(c), added subsec. (d).
      1991 - Subsecs. (a), (b). Pub. L. 102-54, Sec. 13(q)(5)(A),
    substituted "Secretary of Veterans Affairs" for "Administrator of
    Veterans' Affairs".
      Subsec. (c). Pub. L. 102-54, Sec. 13(q)(5)(B), substituted
    "Department of Veterans Affairs" for "Veterans' Administration".
      1990 - Subsec. (b). Pub. L. 101-625 substituted "18-month period"
    for "6-month period".
      1989 - Subsec. (b). Pub. L. 101-235 substituted "6-month period
    beginning on December 15, 1989" for "1-year period beginning on
    November 7, 1988".
      1988 - Pub. L. 100-628 designated existing provisions as subsec.
    (a) and added subsecs. (b) and (c).

      RETROACTIVITY OF APPROVAL OF HOUSING SUBDIVISIONS AMONG FEDERAL
                                 AGENCIES
      Section 8(b) of Pub. L. 103-120 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)]."
      Section 716(b) of Pub. L. 102-550 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)]."
      Section 718(b) of Pub. L. 101-625 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)]."

-End-



-CITE-
    42 USC Sec. 1490p                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490p. Accountability

-STATUTE-
    (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 Secretary's
      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. 104-65, Sec. 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 (!1) 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 (!2) 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) of this section.
    (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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 536, as added Pub. L. 101-
    235, title IV, Sec. 401(a), Dec. 15, 1989, 103 Stat. 2045; amended
    Pub. L. 101-625, title VII, Sec. 719(a), Nov. 28, 1990, 104 Stat.
    4297; Pub. L. 104-65, Sec. 11(b)(2), Dec. 19, 1995, 109 Stat. 701.)

-COD-
                               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. 101-235, which enacted
    this section, to reflect the probable intent of Congress.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (d). Pub. L. 104-65 struck out subsec. (d) which
    related to regulation of lobbyists and consultants.
      1990 - Subsec. (h). Pub. L. 101-625 inserted before period at end
    ", for the original construction or development of the project".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as
    otherwise provided, see section 24 of Pub. L. 104-65, set out as an
    Effective Date note under section 1601 of Title 2, The Congress.

                              EFFECTIVE DATE                          
      Section 401(b) of Pub. L. 101-235 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."

-FOOTNOTE-
    (!1) So in original. Probably should be "of this".

    (!2) So in original. Probably should be "subsection".


-End-



-CITE-
    42 USC Sec. 1490p-1                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490p-1. Office of Rural Housing Preservation

-STATUTE-
    (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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 537, as added Pub. L. 102-
    550, title VII, Sec. 712(c), Oct. 28, 1992, 106 Stat. 3841.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Housing Act of 1949, referred to in subsec. (b)(4), is act
    July 15, 1949, ch. 338, 63 Stat. 413, as amended, which is
    classified principally to this chapter (Sec. 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.

-End-



-CITE-
    42 USC Sec. 1490p-2                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490p-2. Loan guarantees for multifamily rental housing in
      rural areas

-STATUTE-
    (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
      (!1) 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) 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) of this section) 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) of this section).
      (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) of this section 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) of this
      section 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) of this section 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) of this section.
    (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) of this section.
        (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.); 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 (!2) 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 tribe's 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.), 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 538, as added and amended
    Pub. L. 104-120, Sec. 5, Mar. 28, 1996, 110 Stat. 835; Pub. L. 105-
    86, title VII, Sec. 735(c), Nov. 18, 1997, 111 Stat. 2111; Pub. L.
    105-276, title V, Sec. 599C(c), Oct. 21, 1998, 112 Stat. 2661; Pub.
    L. 106-569, title VII, Sec. 707, Dec. 27, 2000, 114 Stat. 3015.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Housing Act, referred to in subsec. (e)(1)(A), is
    act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is
    classified principally to chapter 13 (Sec. 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.
      The Alaska Native Claims Settlement Act, referred to in subsec.
    (r)(4)(A), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
    amended, which is classified generally to chapter 33 (Sec. 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, referred to in subsec. (r)(4)(A), probably means the Indian
    Self-Determination and Education Assistance Act, Pub. L. 93-638,
    Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified
    principally to subchapter II (Sec. 450 et seq.) of chapter 14 of
    Title 25, Indians. For complete classification of this Act to the
    Code, see Short Title note set out under section 450 of Title 25
    and Tables.
      The Indian Reorganization Act, referred to in subsec. (v), is act
    June 18, 1934, ch. 576, 48 Stat. 984, as amended, which is
    classified generally to subchapter V (Sec. 461 et seq.) of chapter
    14 of Title 25, Indians. For complete classification of this Act to
    the Code, see Short Title note set out under section 461 of Title
    25 and Tables.

-COD-
                               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. 104-120.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (c). Pub. L. 106-569, Sec. 707(1), inserted "an
    Indian tribe," after "political subdivision thereof,".
      Subsec. (f)(1). Pub. L. 106-569, Sec. 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. 106-569, Sec. 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. 106-569, Sec. 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. 106-569, Sec. 707(7), redesignated
    subsecs. (n) to (s) as (m) to (r), respectively. Former subsec. (m)
    redesignated (l).
      Subsec. (s). Pub. L. 106-569, Sec. 707(7), redesignated subsec.
    (t) as (s). Former subsec. (s) redesignated (r).
      Subsec. (s)(4). Pub. L. 106-569, Sec. 707(4), added par. (4).
      Subsec. (t). Pub. L. 106-569, Sec. 707(7), redesignated subsec.
    (u) as (t). Former subsec. (t) redesignated (s).
      Pub. L. 106-569, Sec. 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. 106-569, Sec. 707(8), added subsec. (u).
    Former subsec. (u) redesignated (t).
      Subsec. (v). Pub. L. 106-569, Sec. 707(8), added subsec. (v).
      1998 - Subsec. (t). Pub. L. 105-276, Sec. 599C(c)(1), substituted
    "each fiscal year" for "fiscal year 1998".
      Subsec. (u). Pub. L. 105-276, Sec. 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. 105-86, Sec. 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. 105-86, Sec. 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. 105-86, Sec. 735(c)(3), substituted "1998"
    for "1996".
      1996 - Subsecs. (m)(1), (r)(1). Pub. L. 104-120, Sec. 5(b), made
    technical amendment to reference in original act which appears in
    text as reference to March 28, 1996.

                              EFFECTIVE DATE                          
      Section to be construed to have become effective Oct. 1, 1995,
    see section 13(a) of Pub. L. 104-120, set out as an Effective and
    Termination Dates of 1996 Amendments note under section 1437d of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "low- or moderate-income".

    (!2) So in original. Probably should be chapter "1".


-End-



-CITE-
    42 USC Sec. 1490q                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490q. Disaster assistance

-STATUTE-
    (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) of this section) 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) of this section. 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) of this section, subject to
    limits previously approved in appropriations Acts.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 541, as added Pub. L. 101-
    625, title IX, Sec. 934, Nov. 28, 1990, 104 Stat. 4404; amended
    Pub. L. 102-550, title VII, Sec. 713, Oct. 28, 1992, 106 Stat.
    3842.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Robert T. Stafford Disaster Relief and Emergency Assistance
    Act, referred to in subsec. (a)(1), is Pub. L. 93-288, May 22,
    1974, 88 Stat. 143, as amended, which is classified principally to
    chapter 68 (Sec. 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.


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a)(1). Pub. L. 102-550 substituted "amounts made
    available to the Secretary by an appropriations Act for such
    purpose" for "amounts available under this subchapter".

-End-



-CITE-
    42 USC Sec. 1490r                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490r. Rural housing voucher program

-STATUTE-
    (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 family's 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 family's 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 542, as added Pub. L. 102-
    550, title VII, Sec. 706(2), Oct. 28, 1992, 106 Stat. 3835.)

-End-



-CITE-
    42 USC Sec. 1490s                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490s. Enforcement provisions

-STATUTE-
    (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
        court's discretion, include the attorney's 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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 543, as added Pub. L. 106-
    569, title VII, Sec. 708(a), Dec. 27, 2000, 114 Stat. 3016.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Enactment of this section, referred to in subsec. (b)(3)(B)(ii),
    means enactment of Pub. L. 106-569, which enacted this section and
    was approved Dec. 27, 2000.

-End-



-CITE-
    42 USC Sec. 1490t                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
    SUBCHAPTER III - FARM HOUSING

-HEAD-
    Sec. 1490t. Indian tribes

-STATUTE-
      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.

-SOURCE-
    (July 15, 1949, ch. 338, title V, Sec. 544, as added Pub. L. 109-
    136, Sec. 4, Dec. 22, 2005, 119 Stat. 2644.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Civil Rights Act of 1964, referred to in text, is Pub. L. 88-
    352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act
    is classified generally to subchapter V (Sec. 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. 90-
    284, Apr. 11, 1968, 82 Stat. 73, as amended. Title VIII of the
    Act, known as the Fair Housing Act, is classified principally to
    subchapter I (Sec. 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, as amended, known as the Housing Act of 1949, which is
    classified principally to this chapter (Sec. 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.

-End-