Legislación
US (United States) Code. Title 42. Chapter 8A: Slum clearance, urban renewal, and farm housing
-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 Repealed.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 Repealed or Transferred.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 Omitted or Repealed.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 Omitted or Repealed.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
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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. 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-
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |