§ 1471. Financial assistance by Secretary of Agri-
culture
(a) Authorization and purposes of assistance
The Secretary of Agriculture (hereinafter re-
ferred to as the ‘‘Secretary’’) is authorized, sub-
ject to the terms and conditions of this sub-
chapter, to extend financial assistance, through
the Farmers Home Administration, (1) to owners
of farms in the United States and in the Terri-
tories of Alaska and Hawaii and in the Common-
wealth 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, share-
croppers, 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 per-
sons who reside in reservations or villages of In-
dian tribes, for such purposes and for the pur-
chase of buildings and the purchase of land con-
stituting a minimum adequate site, in order to
enable them to provide dwellings and related fa-
cilities 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 pur-
chase of land constitu
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Page 4741
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1471
1 So in original.
workable program requirements, transient housing, re-
moval of buildings, financial assistance for subsequent
annual increments, and modification of urban renewal
plans.
Statutory Notes and Related Subsidiaries
NEIGHBORHOOD DEVELOPMENT PROGRAMS BY DISTRICT
OF COLUMBIA REDEVELOPMENT LAND AGENCY
Pub. L. 90–448, title V, § 501(c), Aug. 1, 1968, 82 Stat.
520, provided that notwithstanding any requirement or
condition to the contrary in section 6 or 20(i) of the
District of Columbia Redevelopment Act of 1945 (act
Aug. 2, 1946, ch. 736, 60 Stat. 790, as amended), or any
other law, the District of Columbia Redevelopment
Land Agency was authorized to plan and undertake
neighborhood development programs under this part,
which programs would be regarded as complying with
sections 6 and 20(i) of that Act and any other provision
of law, if those programs were in compliance with this
part.
SUBCHAPTER III—FARM HOUSING
§ 1471. Financial assistance by Secretary of Agri-
culture
(a) Authorization and purposes of assistance
The Secretary of Agriculture (hereinafter re-
ferred to as the ‘‘Secretary’’) is authorized, sub-
ject to the terms and conditions of this sub-
chapter, to extend financial assistance, through
the Farmers Home Administration, (1) to owners
of farms in the United States and in the Terri-
tories of Alaska and Hawaii and in the Common-
wealth 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, share-
croppers, 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 per-
sons who reside in reservations or villages of In-
dian tribes, for such purposes and for the pur-
chase of buildings and the purchase of land con-
stituting a minimum adequate site, in order to
enable them to provide dwellings and related fa-
cilities 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 pur-
chase 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 de-
scribed 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, re-
habilitation, 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 sub-
chapter, the terms ‘‘repair’’, ‘‘repairs’’, ‘‘reha-
bilitate’’, 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 com-
modities 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 wheth-
er any parcel or parcels of land constitute a
farm for the purposes of this subchapter when-
ever requested to do so by any interested Fed-
eral, State, or local public agency, and his deter-
mination 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 unex-
pired 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 reason-
able 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 fami-
lies’’ 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 per-
son who is at least sixty-two years of age or is
handicapped. A person shall be considered handi-
capped 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) substan-
tially impedes his ability to live independently,
and (C) is of such a nature that such ability
could be improved by more suitable housing con-
ditions, 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 deter-
mining, under the definitions contained in this
paragraph, eligibility of families and persons for
admission to and occupancy of housing con-
structed 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
Page 4742
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1471
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 fam-
ilies under the United States Housing Act of 1937
[42 U.S.C. 1437 et seq.]. Notwithstanding the pre-
ceding sentence, the maximum income levels es-
tablished for purposes of this subchapter for
such families and persons in the Virgin Islands
shall not be less than the highest such levels es-
tablished 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 tem-
porary absence of a child from the home due to
placement in foster care should not be consid-
ered in considering family composition and fam-
ily 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 Hous-
ing Act of 1937 [42 U.S.C. 1437a(b)(4), (5)].
(B) For purposes of this subchapter, the term
‘‘income’’ does not include dividends received
from the Alaska Permanent Fund by a person
who was under the age of 18 years when that per-
son 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 Indi-
ans, Aleuts, and Eskimos, and any Alaskan Na-
tive Village, of the United States, which is con-
sidered an eligible recipient under the Indian
Self-Determination and Education Assistance
Act (Public Law 93–638) [25 U.S.C. 5301 et seq.] or
was considered an eligible recipient under chap-
ter 67 of title 31 prior to the repeal of such chap-
ter.
(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 au-
thorized by subsection (a), 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 handi-
capped 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 refi-
nancing of indebtedness described in clause (4) of
subsection (a); (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 partici-
pate in any program under this subchapter if
the persons or families to be served by the ap-
plicant 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 in-
clude dwellings or other essential buildings of
eligible applicants.
(e) Prepayment of taxes, insurance, and other ex-
penses; advances to account of borrower: in-
terest, 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 appro-
priate. Notwithstanding any other provision of
law, such payments shall not be considered pub-
lic funds. The Secretary shall direct the dis-
bursement 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 re-
quired to be paid on escrowed funds held by
other lenders in any State where State law re-
quires payment of interest on escrowed funds,
subject to appropriations to the extent that ad-
ditional 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 Sec-
retary 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 pur-
chase of a dwelling unit, the Secretary may in-
crease such amount by up to 20 percent if such
increase is necessary to account for the in-
creased cost of the dwelling unit due to the in-
stallation of a solar energy system (as defined in
subparagraph (3) of the last paragraph of section
1703(a) of title 12) therein.
Page 4743
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1471
(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 avoid-
ed.
(h) Eligibility of resident aliens
The Secretary may not restrict the avail-
ability of assistance under this subchapter for
any alien for whom assistance may not be re-
stricted 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 re-
lated thereto by public and private nonprofit or-
ganizations 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 De-
velopment Administration.
(July 15, 1949, ch. 338, title V, § 501, 63 Stat. 432;
Pub. L. 87–70, title VIII, §§ 801(a), 803, June 30,
1961, 75 Stat. 186; Pub. L. 87–723, § 4(a)(1), Sept. 28,
1962, 76 Stat. 670; Pub. L. 89–117, title X, § 1001,
Aug. 10, 1965, 79 Stat. 497; Pub. L. 89–754, title
VIII, §§ 801, 807, Nov. 3, 1966, 80 Stat. 1282; Pub. L.
91–609, title VIII, § 802, Dec. 31, 1970, 84 Stat. 1806;
Pub. L. 93–383, title V, §§ 501–503, 505(a), 520, Aug.
22, 1974, 88 Stat. 692, 693, 699; Pub. L. 95–128, title
V, §§ 503, 507(a)(1), (2), (b), Oct. 12, 1977, 91 Stat.
1139–1141; Pub. L. 95–619, title II, § 248(c), Nov. 9,
1978, 92 Stat. 3235; Pub. L. 96–153, title V,
§§ 502(b), 506, Dec. 21, 1979, 93 Stat. 1134, 1136; Pub.
L. 96–399, title V, §§ 506, 507(a), (h), 512, Oct. 8,
1980, 94 Stat. 1669–1671; Pub. L. 98–181, title I
[title V, § 502], Nov. 30, 1983, 97 Stat. 1240; Pub. L.
98–479, title I, § 105(a), title II, § 203(d)(3), Oct. 17,
1984, 98 Stat. 2226, 2229; Pub. L. 99–272, title XIV,
§ 14001(b)(3), Apr. 7, 1986, 100 Stat. 328; Pub. L.
100–242, title III, §§ 302(a), (b)(1), 303, 315, 316(a),
Feb. 5, 1988, 101 Stat. 1893, 1894, 1897; Pub. L.
101–625, title VII, §§ 702, 703, Nov. 28, 1990, 104
Stat. 4282, 4283; Pub. L. 102–550, title VII, § 714,
title X, § 1012(m), Oct. 28, 1992, 106 Stat. 3842,
3907; Pub. L. 104–193, title IV, § 441(b), Aug. 22,
1996, 110 Stat. 2276; Pub. L. 106–402, title IV,
§ 401(b)(8), Oct. 30, 2000, 114 Stat. 1738; Pub. L.
107–76, title VII, § 752, Nov. 28, 2001, 115 Stat. 740;
Pub. L. 108–199, div. A, title VII, § 768, Jan. 23,
2004, 118 Stat. 40.)
Editorial Notes
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 gen-
erally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974,
88 Stat. 653, which is classified generally to chapter 8
(§ 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 Assist-
ance Act, referred to in subsec. (b)(6), is Pub. L. 93–638,
Jan. 4, 1975, 88 Stat. 2203, which is classified principally
to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For
complete classification of this Act to the Code, see
Short Title note set out under section 5301 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, § 14001(a)(1), Apr.
7, 1986, 100 Stat. 327, effective Oct. 18, 1986.
AMENDMENTS
2004—Subsec. (b)(5)(B). Pub. L. 108–199 struck out ‘‘for
fiscal years 2002 and 2003,’’ after ‘‘this subchapter,’’.
2001—Subsec. (b)(5). Pub. L. 107–76 designated existing
provisions as subpar. (A) and added subpar. (B).
2000—Subsec. (b)(3). Pub. L. 106–402 substituted ‘‘de-
velopmental 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 fol-
lows: ‘‘In carrying out any restriction established by
the Secretary on the availability of assistance under
this subchapter for any alien, the Secretary shall fol-
low procedures comparable to the procedures estab-
lished in section 1436a of this title.’’
1992—Subsec. (a). Pub. L. 102–550, § 1012(m), added par.
(5).
Subsec. (j). Pub. L. 102–550, § 714, added subsec. (j).
1990—Subsec. (b)(4). Pub. L. 101–625, § 702, inserted at
end ‘‘The temporary absence of a child from the home
due to placement in foster care should not be consid-
ered in considering family composition and family
size.’’
Subsec. (e). Pub. L. 101–625, § 703, inserted after third
sentence ‘‘The Secretary shall pay the same rate of in-
terest 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, § 316(a), sub-
stituted ‘‘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, § 302(b)(1), inserted pro-
visions at end relating to maximum income levels es-
tablished 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, § 303, amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as fol-
lows: ‘‘The Secretary may establish procedures where-
by 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 pur-
poses for which such payments are made, and after Oc-
tober 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, § 302(a), added subsec. (h).
Subsec. (i). Pub. L. 100–242, § 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, § 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, § 203(d)(3), substituted
‘‘chapter 67 of title 31’’ for ‘‘the State and Local Fiscal
Assistance Act of 1972 (Public Law 92–512)’’.
Page 4744
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1471
1983—Subsec. (b)(4). Pub. L. 98–181, § 502(a), amended
par. (4) generally, substituting definition of low and
very low-income families or persons as those whose in-
comes do not exceed levels established by the Secretary
under the United States Housing Act of 1937 for defini-
tion 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 in-
come or variations are necessary because of other fac-
tors.
Subsec. (b)(5). Pub. L. 98–181, § 502(b), amended par. (5)
generally, substituting definition of income and ad-
justed 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 accord-
ance with criteria prescribed by the Secretary.
1980—Subsec. (a)(2). Pub. L. 96–399, § 507(a), inserted
reference to persons residing in reservations or villages
of Indian tribes.
Subsec. (b)(6) to (8). Pub. L. 96–399, § 506, added pars.
(6) to (8).
Subsec. (c). Pub. L. 96–399, § 507(h), inserted ‘‘or Indian
tribe’’ after ‘‘local public agency’’ in second sentence.
Subsec. (g). Pub. L. 96–399, § 512, added subsec. (g).
1979—Subsec. (a)(4). Pub. L. 96–153, § 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 con-
tinuing hardship, and struck out subpar. (C) which au-
thorized refinancing indebtedness provided the indebt-
edness was incurred at least 5 years prior to the appli-
cation for assistance.
Subsec. (b)(4), (5). Pub. L. 96–153, § 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, § 507(a)(1), sub-
stituted ‘‘elderly or handicapped persons or families’’
for ‘‘elderly persons’’.
Subsec. (b)(3). Pub. L. 95–128, § 507(b), substituted defi-
nition 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, § 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, § 503, substituted as a sec-
ond sentence ‘‘Such payments shall be disbursed by the
Secretary at the appropriate time or times for the pur-
poses for which such payments are made, and after Oc-
tober 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 appro-
priate time or times for the purposes for which such
payments are made’’.
1974—Subsec. (a)(1). Pub. L. 93–383, § 501, inserted ref-
erences 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, § 502(1), inserted pro-
visions relating to combining of indebtedness with a
loan for improvement, rehabilitation, or repairs.
Subsec. (a)(4)(C). Pub. L. 93–383, § 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, § 502(2), struck out
subpar. (D) which related to indebtedness incurred
prior to enactment of clause.
Subsec. (b)(2). Pub. L. 93–383, § 503, substituted ‘‘this
subchapter’’ for ‘‘sections 1472 and 1474 of this title’’.
Subsec. (c). Pub. L. 93–383, § 520, inserted provisions
relating to applications of a State or local public agen-
cy.
Subsec. (e). Pub. L. 93–383, § 505(a), added subsec. (e).
1970—Subsec. (b)(2). Pub. L. 91–609 substituted ‘‘sec-
tions 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, re-
spectively, 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, § 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, § 807(a), added cl. (4).
Subsec. (c)(1). Pub. L. 89–754, § 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, § 1001(a), authorized
the extension of formal assistance to owners of farms
to purchase previously occupied buildings and land con-
stituting a minimum adequate site, to owners of other
real estate in rural areas for the construction, improve-
ment, alteration, or repair of dwellings, related facili-
ties, 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 min-
imum adequate site.
Subsec. (c). Pub. L. 89–117, § 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, § 4(a)(1)(A), added
cl. (3).
Subsec. (b)(3). Pub. L. 87–723, § 4(a)(1)(B), added par.
(3).
Subsec. (c)(1). Pub. L. 87–723, § 4(a)(1)(C), inserted pro-
visions 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, § 803(a), authorized as-
sistance 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 farm-
ing operations.
Subsec. (b). Pub. L. 87–70, § 801(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 87–70, § 803(b), permitted the appli-
cant 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, § 803(c), added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100–242, title III, § 302(b)(2), Feb. 5, 1988, 101
Stat. 1894, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall be applica-
ble to any determination of eligibility for assistance
under title V of the Housing Act of 1949 [this sub-
chapter] 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.
PERFORMANCE GOALS FOR FARMERS HOME
ADMINISTRATION
Pub. L. 102–550, title IX, § 925(b), Oct. 28, 1992, 106 Stat.
3885, provided that:
‘‘(1) IN GENERAL.—The Secretary of Agriculture may
establish performance goals for the major housing pro-
Page 4745
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1472
grams of the Farmers Home Administration in order to
measure progress towards meeting the objectives of na-
tional housing policy.
‘‘(2) FORM OF GOALS.—The performance goals referred
to in paragraph (1) shall be expressed in terms suffi-
cient to measure progress.
‘‘(3) REPORT.—The Secretary of Agriculture shall pre-
pare a report to the Congress on the progress made in
attaining the performance goals for each program, cit-
ing the actual results achieved in such program for the
previous year.
‘‘(4) FAILURE TO MEET GOALS.—If a performance stand-
ard or goal has not been met, the report under para-
graph (3) shall include an explanation of why the goal
was not met, propose plans for achieving the perform-
ance 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.]
Executive Documents
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Is-
lands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
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.
§ 1472. Loans for housing and buildings on ade-
quate farms
(a) Terms of loan
(1) If the Secretary determines that an appli-
cant is eligible for assistance as provided in sec-
tion 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 thir-
ty-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 Sec-
retary determines that such extension is nec-
essary to permit the making of such loan to any
person whose income does not exceed 60 per cen-
tum 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 re-
quirements applicable to loans under this sec-
tion.
(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 orga-
nization;
(ii) that is established to carry out the ac-
tivities under clause (iii);
(iii) that—
(I) acquires parcels of land, held in per-
petuity, 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 pur-
chase any such structural improvement at a
price determined by formula that is designed
to ensure that the improvement remains af-
fordable to low- and moderate-income fami-
lies in perpetuity; and
(iv) that has its corporate membership open
to any adult resident of a particular geo-
graphic area specified in the bylaws of the or-
ganization.
(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 repay-
ment 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);
(3) except for guaranteed loans, contain the
agreement of the borrower that he will, at the
request of the Secretary, proceed with dili-
gence to refinance the balance of the indebted-
ness through cooperative or other responsible
private credit sources whenever the Secretary
determines, in the light of the borrower’s cir-
cumstances, 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 cov-
enants as the Secretary shall prescribe to se-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 5301. Congressional statement of findings
(a) Findings respecting historical and special
legal relationship, and resultant responsibil-
ities
The Congress, after careful review of the Fed-
eral Government’s historical and special legal
relationship with, and resulting responsibilities
to, American Indian people, finds that—
(1) the prolonged Federal domination of In-
dian service programs has served to retard
rather than enhance the progress of Indian
people and their communities by depriving In-
dians of the full opportunity to develop leader-
ship skills crucial to the realization of self-
government, and has denied to the Indian peo-
ple an effective voice in the planning and im-
plementation of programs for the benefit of In-
dians which are responsive to the true needs of
Indian communities; and
(2) the Indian people will never surrender
their desire to control their relationships both
among themselves and with non-Indian gov-
ernments, organizations, and persons.
(b) Further findings
The Congress further finds that—
(1) true self-determination in any society of
people is dependent upon an educational proc-
ess which will insure the development of quali-
fied people to fulfill meaningful leadership
roles;
(2) the Federal responsibility for and assist-
ance to education of Indian children has not
Page 710
TITLE 25—INDIANS
§ 5301
effected the desired level of educational
achievement or created the diverse opportuni-
ties and personal satisfaction which education
can and should provide; and
(3) parental and community control of the
educational process is of crucial importance to
the Indian people.
(Pub. L. 93–638, § 2, Jan. 4, 1975, 88 Stat. 2203.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 450 of this
title p
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections 1401 to 1404 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653.
Section 1401, acts Sept. 1, 1937, ch. 896, § 1, 50 Stat. 888; July 15, 1949, 338, title III, § 307(a), 63 Stat. 429; Sept. 23, 1959, Pub. L. 86–372, title V, § 501, 73 Stat. 679; Aug. 1, 1968, Pub. L. 90–448, title II, § 206(a), 82 Stat. 504; Dec. 31, 1970, Pub. L. 91–609, title II, § 211, 84 Stat. 1779, set out declaration of policy. See [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim).
Section 1402, acts, Sept. 1, 1937, ch. 896, § 2, 50 Stat. 888; July 15, 1949, ch. 338, title III, §§ 302(b), 304(c), (i), 306, 307(b), 63 Stat. 424, 425, 429; Oct. 26, 1951, ch. 577, § 1, 65 Stat. 647; June 30, 1953, 170, § 24(c), 67 Stat. 128; Aug. 7, 1956, ch. 1029, title IV, § 404(a), 70 Stat. 1104; July 12, 1957, Pub. L. 85–104, title III, § 307, title IV, § 401(a), 71 Stat. 301; Sept. 23, 1959, Pub. L. 86–372, title V, §§ 502, 503(a), 504, 73 Stat. 680; June 30, 1961, Pub. L. 87–70, title II, § 202, 75 Stat. 163; Sept. 2, 1964, Pub. L. 88–560, title II, § 203(d), title IV, § 401(a), 78 Stat. 784, 794; Aug. 10, 1965, Pub. L. 89–117, title I, §§ 103(b), 104, 79 Stat. 457; Aug. 1, 1968, Pub. L. 90–448, title II, § 209(a), 82 Stat. 505; Dec. 24, 1969, Pub. L. 91–152, title II, § 213(a), title IV, § 403(a), 83 Stat. 389, 395; Dec. 31, 1970, Pub. L. 91–609, title II, § 208(a), title IX, § 903(c), 84 Stat. 1778, 1808; Dec. 22, 1971, Pub. L. 92–213, § 9, 85 Stat. 776, defined applicable terms. See [section 1437a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1437. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1437. Declaration of policy and public housing
agency organization
(a) Declaration of policy
It is the policy of the United States—
(1) to promote the general welfare of the Na-
tion by employing the funds and credit of the
Nation, as provided in this chapter—
(A) to assist States and political subdivi-
sions of States to remedy the unsafe housing
conditions and the acute shortage of decent
and safe dwellings for low-income families;
(B) to assist States and political subdivi-
sions of States to address the shortage of
housing affordable to low-income families;
and
(C) consistent with the objectives of this
subchapter, to vest in public housing agen-
Page 4527
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1437
1 So in original. Probably should be ‘‘(i)’’.
cies
that
perform
well,
the
maximum
amount of responsibility and flexibility in
program administration, with appropriate
accountability to public housing residents,
localities, and the general public;
(2) that the Federal Government cannot
through its direct action alone provide for the
housing of every American citizen, or even a
majority of its citizens, but it is the responsi-
bility of the Government to promote and pro-
tect the independent and collective actions of
private
citizens
to
develop
housing
and
strengthen their own neighborhoods;
(3) that the Federal Government should act
where there is a serious need that private citi-
zens or groups cannot or are not addressing re-
sponsibly; and
(4) that our Nation should promote the goal
of providing decent and affordable housing for
all citizens through the efforts and encourage-
ment of Federal, State, and local govern-
ments, and by the independent and collective
actions of private citizens, organizations, and
the private secto
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1437. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Housing and Urban Development may sue and be sued only with respect to its functions under the United States Housing Act of 1937, as amended [[42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, as amended [[42 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1501&num=0&edition=prelim) et seq.]. Funds made available for carrying out the functions, powers, and duties of the Secretary of Housing and Urban Development (including appropriations therefor, which are authorized) shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary of Housing and Urban Development. Notwithstanding any other provisions of law except provisions of law enacted after August 10, 1948 expressly in limitation hereof, the Secretary of Housing and Urban Development, or any State or local public agency administering a low-rent housing project assisted pursuant to the United States Housing Act of 1937 or title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, shall continue to have the right to maintain an action or proceeding to recover possession of any housing accommodations operated by it where such action is authorized by the statute or regulations under which such housing accommodations are administered, and, in determining net income for the purposes of tenant eligibility with respect to low-rent housing projects assisted pursuant to said Acts, the Secretary of Housing and Urban Development is authorized, where it finds such action equitable and in the public interest, to exclude am
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1437a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1437a. Rental payments
(a) Families included; rent options; minimum
amount; occupancy by police officers and
over-income families
(1) Dwelling units assisted under this chapter
shall be rented only to families who are low-in-
come families at the time of their initial occu-
pancy of such units. Reviews of family income
shall be made pursuant to paragraph (6); except
that, in the case of any family with a fixed in-
come, as defined by the Secretary, after the ini-
tial review of the family’s income, the public
housing agency or owner shall not be required to
conduct a review of the family’s income for any
year for which such family certifies, in accord-
ance with such requirements as the Secretary
shall establish, which shall include policies to
adjust for inflation-based income changes, that
90 percent or more of the income of the family
consists of fixed income, and that the sources of
such income have not changed since the pre-
vious year, except that the public housing agen-
cy or owner shall conduct a review of each such
family’s income not less than once every 3
years. Except as provided in paragraph (2) and
subject to the requirement under paragraph (3),
a family shall pay as rent for a dwelling unit as-
sisted under this chapter (other than a family
assisted under section 1437f(o) or (y) of this title
or paying rent under section 1437f(c)(3)(B) 1 of
this title) the highest of the following amounts,
rounded to the nearest dollar:
(A) 30 per centum of the family’s monthly
adjusted income;
(B) 10 per centum of the family’s monthly
income; or
(C) if the family is receiving payments for
welfare assistance from a public agency and a
part of such payments, adjusted in accordance
with the family’s actual housing costs, is spe-
cifically
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1437a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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