US (United States) Code. Title 42. Chapter 8A: Slum clearance, urban renewal, and farm housing

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 8A - SLUM CLEARANCE, URBAN RENEWAL, AND

FARM HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

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

-MISC1-

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.

(a) Congressional findings and reaffirmation of

goals.

(b) Additional Congressional findings.

(c) Congressional declaration of purposes.

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 Repealed.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 Repealed or Transferred.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 Omitted or Repealed.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.

(a) In general.

(b) Foreclosure by others.

(c) Verification of title.

(d) Definitions.

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 Omitted or Repealed.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.

(a) Authorization and purposes of assistance.

(b) Definitions.

(c) Conditions of eligibility.

(d) Additional definitions.

(e) Prepayment of taxes, insurance, and other

expenses; advances to account of borrower:

interest, time for repayment.

(f) Increase in loan limits.

(g) Avoidance of involuntary displacement of

families and businesses.

(h) Eligibility of resident aliens.

(i) Loan packaging by nonprofit organizations as a

"development cost".

(j) Program transfers.

1472. Loans for housing and buildings on adequate farms.

(a) Terms of loan.

(b) Provisions of loan instrument.

(c) Prepayment and refinancing provisions.

(d) Dwelling units available to very low-income

families or persons.

(e) Manufactured homes; qualifications for loans

made or insured; energy conservation

requirements.

(f) Remote rural areas.

(g) Deferred mortgage demonstration.

(h) Guaranteed loans.

1473. Loans for housing and buildings on potentially

adequate farms; conditions and terms.

1474. Loans and grants for repairs or improvements of rural

dwellings.

(a) Prerequisites; purposes; amounts; terms.

(b) Additional purposes.

(c) Weatherization program; development, etc.

1474a. Security for direct or insured rural housing loans to

farmer applicants.

1475. Loan payment moratorium and foreclosure procedures.

(a) Moratorium.

(b) Foreclosure procedures.

1476. Buildings and repairs.

(a) Construction in accordance with plans and

specifications; supervision and inspection;

technical services and research.

(b) Research and technical studies for reduction of

costs and adaptation and development of

fixtures and appurtenances.

(c) Research, study, and analysis of farm housing.

(d) Research capacity within Farmers Home

Administration; establishment; authority.

(e) Preparation and submission of estimates of

housing needs.

(f) Study of housing available for migrant and

settled farmworkers.

1477. Preferences for veterans and families of deceased

servicemen.

1478. Local committees to assist Secretary.

(a) Composition, appointment, and compensation;

chairman; promulgation of procedural rules;

forms and equipment.

(b) Duties.

1479. General powers of Secretary.

(a) Standards of adequate farm housing and other

buildings; criteria.

(b) Terms or conditions of leases or occupancy

agreements subject to change with approval of

Secretary.

(c) Rural Housing Insurance Fund for payment of

expenditures respecting construction defects;

judicial review prohibition.

(d) Defaults involving security interest in tribal

lands.

(e) Terms and conditions; regulations.

(f) Housing in underserved areas.

1480. Administrative powers of Secretary.

(a) Service and supply contracts.

(b) Subordination, subrogation, and other

agreements.

(c) Compromise of claims and obligations.

(d) Collection of claims and obligations.

(e) Purchase of pledged or mortgaged property at

foreclosure or other sales; operation, sale or

disposition of said property.

(f) Processing of applications received prior to

determination of nonrural status; assistance.

(g) Rules and regulations for written notice of

denial or reduction of assistance.

(h) Assistance in connection with transfers and

assumptions of property for nonrural areas.

(i) Utilization of indebtedness.

(j) Fee inspectors and appraisers.

(k) Rules and regulations.

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.

(a) In general.

(b) Authorization of appropriations.

(c) Rental assistance.

(d) Supplemental rental assistance contracts.

(e) Authorization of appropriations.

1484. Insurance of loans for housing and related facilities

for domestic farm labor.

(a) Authorization; terms and conditions.

(b) Utilization of farm tenant mortgage insurance

fund; additions to and deposits in fund;

deposits in Treasury.

(c) Insurance contract; obligation of United

States; incontestability.

(d) Repealed.

(e) Administrative expenses.

(f) Definitions.

(g) Waiver of interest rate limitations.

(h) Determination of need for assistance.

(i) Domestic farm labor housing available for other

families.

1485. Housing and related facilities for elderly persons and

families or other persons and families of low income.

(a) Direct loans; authorization; terms and

conditions; revolving fund; appropriation.

(b) Insurance of loans; authorization; terms and

conditions; utilization of Agricultural Credit

Insurance Fund.

(c) Equity recapture loans and loans to nonprofit

organizations and public agencies.

(d) Construction requirements; detached units for

cooperative housing.

(e) Definitions.

(f) Administrative expenses.

(g) Loans for financing transfers of memberships in

cooperatives.

(h) Project transfers.

(i) Limitations on cost increases after approval

for project involving newly constructed or

substantially rehabilitated units; applicable

factors.

(j) Contract preferences for providing units in

newly constructed projects.

(k) Management fees.

(l) Determination of market feasibility of project.

(m) Standards for housing and related facilities

rehabilitated or repaired; establishment,

criteria, etc.

(n) Assistance to projects located on more than one

site.

(o) Rental assistance payments as affecting

assistance to projects or occupancy by

eligible persons.

(p) Occupancy by low income persons and families

other than very low-income persons and

families.

(q) Determination of income of person or family

occupying financed housing.

(r) Operating reserve and equity contribution

requirements; regulations to implement

adjustment by negotiated rulemaking procedure.

(s) Limitation of fees on loans.

(t) Equity takeout loans.

(u) Reuse of loan authority.

(v) Assumption of loans.

(w) Set-aside of rural rental housing funds.

(x) Uniform project costs; coordination of housing

resources and tax benefits.

(y) Service coordinators.

(z) Accounting and recordkeeping requirements.

(aa) Double damages for unauthorized use of housing

projects assets and income.

1486. Financial assistance to provide low-rent housing for

domestic farm labor.

(a) Application; considerations.

(b) Maximum amount of assistance.

(c) Prerequisite agreements; rentals; safety and

sanitation standards; priority of domestic

farm labor.

(d) Payments; contracts to specify uses of housing.

(e) Regulations for prevention of waste.

(f) Wages; labor standards; waiver; authority and

functions of Secretary.

(g) Definitions.

(h) Migrant farmworker housing.

(i) Farm labor housing.

(j) Domestic farm labor housing available for other

families.

(k) Housing for rural homeless and migrant

farmworkers.

1487. Rural Housing Insurance Fund.

(a) Authority to make and insure loans for housing

and buildings on adequate farms; amounts.

(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.

(c) Use of funds from Rural Housing Insurance Fund

for loans; sale of insured and guaranteed

loans to public.

(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.

(e) Rural Housing Insurance Fund; creation;

authorization of appropriations; separate

operation of guaranteed and insured loan

programs: transfer of funds.

(f) Investment of excess Fund moneys.

(g) Fund assets and liabilities; sale of loans;

agreements for servicing and purchasing loans.

(h) Issuance of notes; form and denominations;

interest rate; purchase by Secretary of the

Treasury; debt transactions.

(i) Retention of annual charge; administrative

expenses; merger of funds.

(j) Additional uses of Fund moneys.

(k) Sale of loans as sale of assets.

(l) Commitments to make or insure loans to lenders,

builders, or sellers; terms and conditions.

(m) Transfer of assets, liabilities, and

authorizations of Rural Housing Direct Loan

Account to Fund; abolition of Account;

applicability of provisions.

(n) Purchase of eligible residential properties.

(o) Rules to encourage rehabilitation or purchase

of existing buildings; regulations to

facilitate marketability of insured or

guaranteed loans in secondary mortgage market.

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.

(a) Interest rates; additional assistance; payments

to owners; rent limitations.

(b) Location in rural areas; inclusion of qualified

nonrural residents who will become rural

residents.

(c) Reimbursement of Rural Housing Insurance Fund.

(d) Rental assistance contract authority;

preconditions, limitations, etc.

(e) Increases in rent or contribution of any

recipient.

1490b. Housing for rural trainees.

(a) Authorization; financial and technical

assistance; selection of training sites and

location of housing.

(b) Quality of housing and related facilities;

design and location.

(c) Contribution of land by applicant.

(d) Conditions precedent to grant of financial

assistance.

(e) Advances; repayment; limitation on amount.

(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.

(g) Interest on advances.

(h) Regulations.

(i) "Related facilities" and "trainee" defined.

(j) Authorization of appropriations.

1490c. Mutual and self-help housing.

(a) Purpose.

(b) Contract authority; establishment of Self-Help

Housing Land Development Fund; authorization

to make loans; conditions of loan.

(c) Considerations for financial assistance.

(d) "Construction" defined.

(e) Establishment of appropriate criteria and

procedures for determining eligibility of

applicants.

(f) Repealed.

(g) Deposit in Self-Help Fund; availability of

amounts; assets.

(h) Rules and regulations.

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.

(a) Grants or contracts with public or private

nonprofit corporations, etc., for assistance;

preferential treatment of applications

sponsored by 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.

(c) Repealed.

(d) Deposit of appropriated funds into low-income

sponsor fund; availability; administration of

fund as revolving fund; deposit of repayments.

1490f. Loans and insurance of loans for condominium housing

in rural areas.

(a) Individual loans and insurance of loans to low

or moderate income persons or families for

purchase of units; terms and conditions.

(b) Scope of individual loans and insurance of

loans; condominium requirements.

(c) Blanket loans and insurance of loans; terms and

conditions; certification by borrower of

future ownership of multifamily project;

maximum amount of principal obligation.

(d) "Condominium" defined.

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.

(a) Priority.

(b) Preliminary reservation of assistance at time

of initial approval of project.

(c) Prioritization of section 1485 housing

assistance.

1490m. Housing preservation grants.

(a) Statement of purposes.

(b) Mandatory program requirements.

(c) Allocation formula; transfer of funds; maximum

amounts.

(d) Statement of activity by grantee; submission;

contents; availability; consultations;

evaluation by Secretary; criteria applicable;

maximum amounts.

(e) Limitations on assistance; failure to implement

required agreement.

(f) Advance payments of assistance.

(g) Annual review and audit by Secretary of

activities; adjustment, etc., of resources;

reallocation of amounts.

(h) Rules and regulations; delegation of authority.

(i) National historic preservation objectives

affected by rehabilitation activities;

establishment of procedures for determining

consonant purposes and measures.

1490n. Review of rules and regulations.

(a) Publication for public comment in Federal

Register.

(b) Transmittal to Congressional committee members

prior to publication in Federal Register.

(c) Rules and regulations issued on emergency

basis.

(d) Regulatory authority.

1490o. Reciprocity in approval of housing subdivisions among

Federal agencies.

(a) Administrative approval of housing

subdivisions.

(b) Certificates of reasonable value for one or

more properties as constituting administrative

approval of subdivision.

(c) Report to Congress.

(d) Approval by local, county, or State agencies.

1490p. Accountability.

(a) Notice regarding assistance.

(b) Disclosures by applicants.

(c) Updating of disclosure.

(d) Repealed.

(e) Remedies and penalties.

(f) Limitation of assistance.

(g) Regulations.

(h) "Assistance" defined.

(i) Report by Secretary.

1490p-1. Office of Rural Housing Preservation.

(a) Establishment.

(b) Purposes.

1490p-2. Loan guarantees for multifamily rental housing in

rural areas.

(a) Authority.

(b) Extent of guarantee.

(c) Eligible borrowers.

(d) Eligible housing.

(e) Eligible lenders.

(f) Loan terms.

(g) Guarantee fee.

(h) Authority for lenders to issue certificates of

guarantee.

(i) Payment under guarantee.

(j) Violation of guarantee requirements by lenders

issuing guarantees.

(k) Refinancing.

(l) Geographical targeting.

(m) Inapplicability of credit-elsewhere test.

(n) Tenant protections.

(o) Housing standards.

(p) Limitation on commitments to guarantee loans.

(q) Report.

(r) Definitions.

(s) Authorization of appropriations.

(t) Tax-exempt financing.

(u) Fee authority.

(v) Defaults of loans secured by reservation lands.

1490q. Disaster assistance.

(a) Authority.

(b) Use.

(c) Eligibility.

(d) Waiver of rural area requirements.

(e) Rural Housing Insurance Fund.

1490r. Rural housing voucher program.

(a) In general.

(b) Coordination and limitation.

1490s. Enforcement provisions.

(a) Equity skimming.

(b) Civil monetary penalties.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1434, 1441a, 9817, 12721,

of this title; title 7 section 1981; title 12 sections 1715z-13a,

1715z-13b; title 20 section 80g; title 48 sections 1408, 1408c.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-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 01/06/03

-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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1476 of this title; title

12 section 1701t.

-End-

-CITE-

42 USC Sec. 1441a 01/06/03

-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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1441b of this title.

-End-

-CITE-

42 USC Sec. 1441b 01/06/03

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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 01/06/03

-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 01/06/03

-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. Aug. 31, 1954, ch. 1158, Sec. 7, 68 Stat. 1026

-MISC1-

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 01/06/03

-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 01/06/03

-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 01/06/03

-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. Aug. 9, 1955, ch. 690, Sec. 4(1), 69 Stat. 625

-MISC1-

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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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. Aug. 2, 1954, ch. 649, title III, Sec. 313,

68 Stat. 629

-MISC1-

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 01/06/03

-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 01/06/03

-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. Pub. L. 91-609, title V, Sec. 503(2), Dec.

31, 1970, 84 Stat. 1785

-MISC1-

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 01/06/03

-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. Pub. L. 101-625, title II, Sec. 289(b), Nov.

28, 1990, 104 Stat. 4128

-MISC1-

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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 3763.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1453 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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. Pub. L. 93-383, title II, Sec. 204, Aug. 22,

1974, 88 Stat. 668

-MISC1-

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 01/06/03

-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 01/06/03

-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. Aug. 2, 1954, ch. 649, title III, Sec. 313, 68

Stat. 629

-MISC1-

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 01/06/03

-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 01/06/03

-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. Pub. L. 91-646, title II, Sec. 220(a)(5), Jan.

2, 1971, 84 Stat. 1903

-MISC1-

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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1382a, 11408a, 11501,

11504, 12709 of this title; title 7 sections 1932, 1933, 6943;

title 8 section 1611; title 12 sections 1441a, 1701r-1, 1701x,

1717, 1721, 1831q, 2803, 4901; title 18 section 1516; title 26

sections 32, 1250; title 38 section 3711.

-End-

-CITE-

42 USC Sec. 1471 01/06/03

-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, for fiscal years 2002 and

2003, 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.)

-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

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1472, 1476, 1477, 1478,

1484, 1487, 1490p-2 of this title; title 7 section 1933.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 1472 01/06/03

-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) Guaranteed loans

(1) 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.

(2) 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.

(3) 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.

(4) 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 (12)(A)).(!2)

(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.

(5) Eligible lenders

Guaranteed loans pursuant to this subsection may be made only

by lenders approved by and meeting qualifications established by

the Secretary.

(6) 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; 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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.

(12) 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.

(13) 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 (1) and

paragraphs (2), (5), (6)(A), (7), and (9) shall apply to loans

guaranteed under this paragraph, and no other provisions of

paragraphs (1) through (12) 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.)

-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.

-MISC1-

AMENDMENTS

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-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1436a, 1473, 1477, 1479,

1480, 1483, 1484, 1485, 1487, 1490a, 1490c, 1490f, 1490m, 1490p-1,

4851b, 8011 of this title; title 7 sections 1933, 1991; title 12

section 1701x; title 26 section 42.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be paragraph "(12)(B))."

-End-

-CITE-

42 USC Sec. 1473 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1471, 1474, 1477, 1483 of

this title.

-End-

-CITE-

42 USC Sec. 1474 01/06/03

-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.], 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), is 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 by Pub. L.

106-501, title V, Sec. 501, Nov. 13, 2000, 114 Stat. 2267, 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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1436a, 1471, 1477, 1479,

1483, 1490m, 4851b, 6863, 6873 of this title.

-End-

-CITE-

42 USC Sec. 1474a 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1480, 1483, 1490m of this

title.

-End-

-CITE-

42 USC Sec. 1480 01/06/03

-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 01/06/03

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1483, 1484 of this title.

-End-

-CITE-

42 USC Sec. 1482 01/06/03

-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. Pub. L. 98-181, title V, Sec. 509, Nov. 30,

1983, 97 Stat. 1243

-MISC1-

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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1484, 1485, 1490l of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-