Authorization and purposes of assistance
11 So in original. Definitions .—
Definitions
Conditions of eligibility
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.
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.
Increase in loan limits
section 1703(a) of title 12With 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 ) therein.
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.
Eligibility of resident aliens
section 1436a of this titleThe Secretary may not restrict the availability of assistance under this subchapter for any alien for whom assistance may not be restricted under .
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.
Program transfers
Notwithstanding any other provision of law, the Secretary shall not transfer any program authorized by this subchapter to the Rural Development Administration.
July 15, 1949, ch. 33863 Stat. 432Pub. L. 87–70, title VIII75 Stat. 186Pub. L. 87–723, § 4(a)(1)76 Stat. 670Pub. L. 89–117, title X, § 100179 Stat. 497Pub. L. 89–754, title VIII80 Stat. 1282Pub. L. 91–609, title VIII, § 80284 Stat. 1806Pub. L. 93–383, title V88 Stat. 692Pub. L. 95–128, title V91 Stat. 1139–1141Pub. L. 95–619, title II, § 248(c)92 Stat. 3235Pub. L. 96–153, title V93 Stat. 1134Pub. L. 96–399, title V94 Stat. 1669–1671Pub. L. 98–181, title I97 Stat. 1240Pub. L. 98–479, title I, § 105(a)98 Stat. 2226Pub. L. 99–272, title XIV, § 14001(b)(3)100 Stat. 328Pub. L. 100–242, title III101 Stat. 1893Pub. L. 101–625, title VII104 Stat. 4282Pub. L. 102–550, title VII, § 714106 Stat. 3842Pub. L. 104–193, title IV, § 441(b)110 Stat. 2276Pub. L. 106–402, title IV, § 401(b)(8)114 Stat. 1738Pub. L. 107–76, title VII, § 752115 Stat. 740Pub. L. 108–199, div. A, title VII, § 768118 Stat. 40(, title V, § 501, ; , §§ 801(a), 803, , ; , , ; , , ; , §§ 801, 807, , ; , , ; , §§ 501–503, 505(a), 520, , , 693, 699; , §§ 503, 507(a)(1), (2), (b), , ; , , ; , §§ 502(b), 506, , , 1136; , §§ 506, 507(a), (h), 512, , ; [title V, § 502], , ; , title II, § 203(d)(3), , , 2229; , , ; , §§ 302(a), (b)(1), 303, 315, 316(a), , , 1894, 1897; , §§ 702, 703, , , 4283; , title X, § 1012(m), , , 3907; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act Sept. 1, 1937, ch. 896Pub. L. 93–383, title II, § 201(a)88 Stat. 653section 1437 of this titleThe United States Housing Act of 1937, referred to in subsec. (a)(4), is , as revised generally by , , , 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 and Tables.
Pub. L. 93–63888 Stat. 2203section 5301 of Title 25The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(6), is , , , 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 and Tables.
Pub. L. 99–272, title XIV, § 14001(a)(1)100 Stat. 327Chapter 67 of title 31, referred to in subsec. (b)(6), was repealed by , , , effective .
Amendments
Pub. L. 108–1992004—Subsec. (b)(5)(B). struck out “for fiscal years 2002 and 2003,” after “this subchapter,”.
Pub. L. 107–762001—Subsec. (b)(5). designated existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 106–402section 15002 of this titlesection 6001(7) of this title2000—Subsec. (b)(3). substituted “developmental disability as defined in ” for “developmental disability as defined in ”.
Pub. L. 104–193section 1436a of this titlesection 1436a of this title1996—Subsec. (h). struck out par. (1) designation, struck out “by the Secretary of Housing and Urban Development” before “under ”, 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 .”
Pub. L. 102–550, § 1012(m)1992—Subsec. (a). , added par. (5).
Pub. L. 102–550, § 714Subsec. (j). , added subsec. (j).
Pub. L. 101–625, § 7021990—Subsec. (b)(4). , 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.”
Pub. L. 101–625, § 703Subsec. (e). , 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.”
Pub. L. 100–242, § 316(a)section 6001(7) of this titlesection 6001(7) of this title1988—Subsec. (b)(3). , substituted “has a developmental disability as defined in ” for “is a developmentally disabled individual as defined in ”.
Pub. L. 100–242, § 302(b)(1)Subsec. (b)(4). , 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.
Pub. L. 100–242, § 303Subsec. (e). , 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 , 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.”
Pub. L. 100–242, § 302(a)Subsec. (h). , added subsec. (h).
Pub. L. 100–242, § 315Subsec. (i). , added subsec. (i).
Pub. L. 99–2721986—Subsec. (b)(6). 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”.
Pub. L. 98–479, § 105(a)1984—Subsec. (b)(4). , struck out “by the Secretary of Housing and Urban Development” before “under the United States Housing Act of 1937.”
Pub. L. 98–479, § 203(d)(3)Public Law 92–512Subsec. (b)(6). , substituted “chapter 67 of title 31” for “the State and Local Fiscal Assistance Act of 1972 ()”.
Pub. L. 98–181, § 502(a)1983—Subsec. (b)(4). , 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.
Pub. L. 98–181, § 502(b)Subsec. (b)(5). , 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.
Pub. L. 96–399, § 507(a)1980—Subsec. (a)(2). , inserted reference to persons residing in reservations or villages of Indian tribes.
Pub. L. 96–399, § 506Subsec. (b)(6) to (8). , added pars. (6) to (8).
Pub. L. 96–399, § 507(h)Subsec. (c). , inserted “or Indian tribe” after “local public agency” in second sentence.
Pub. L. 96–399, § 512Subsec. (g). , added subsec. (g).
Pub. L. 96–153, § 5061979—Subsec. (a)(4). , 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.
Pub. L. 96–153, § 502(b)Subsec. (b)(4), (5). , added pars. (4) and (5).
Pub. L. 95–6191978—Subsec. (f). added subsec. (f).
Pub. L. 95–128, § 507(a)(1)1977—Subsec. (a)(3). , substituted “elderly or handicapped persons or families” for “elderly persons”.
Pub. L. 95–128, § 507(b)Subsec. (b)(3). , 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.
Pub. L. 95–128, § 507(a)(2)Subsec. (c)(1). , 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”.
Pub. L. 95–128, § 503Subsec. (e). , 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 , 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”.
Pub. L. 93–383, § 5011974—Subsec. (a)(1). , inserted references to the territories and possessions of the United States and the Trust Territory of the Pacific Islands.
Pub. L. 93–383, § 502(1)Subsec. (a)(4)(B). , inserted provisions relating to combining of indebtedness with a loan for improvement, rehabilitation, or repairs.
Pub. L. 93–383, § 502(2)Subsec. (a)(4)(C). , 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.
Pub. L. 93–383, § 502(2)Subsec. (a)(4)(D). , struck out subpar. (D) which related to indebtedness incurred prior to enactment of clause.
Pub. L. 93–383, § 503Subsec. (b)(2). , substituted “this subchapter” for “sections 1472 and 1474 of this title”.
Pub. L. 93–383, § 520Subsec. (c). , inserted provisions relating to applications of a State or local public agency.
Pub. L. 93–383, § 505(a)Subsec. (e). , added subsec. (e).
Pub. L. 91–6091970—Subsec. (b)(2). 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.
Pub. L. 89–754, § 8011966—Subsec. (a)(1) to (3). , 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).
Pub. L. 89–754, § 807(a)Subsec. (a)(4). , added cl. (4).
Pub. L. 89–754, § 807(b)Subsec. (c)(1). , 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.
Pub. L. 89–117, § 1001(a)1965—Subsec. (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.
Pub. L. 89–117, § 1001(b)Subsec. (c). , inserted “or a rural resident” in cl. (1) after “or that he is the owner of other real estate in a rural area”.
Pub. L. 87–723, § 4(a)(1)(A)1962—Subsec. (a)(3). , added cl. (3).
Pub. L. 87–723, § 4(a)(1)(B)Subsec. (b)(3). , added par. (3).
Pub. L. 87–723, § 4(a)(1)(C)Subsec. (c)(1). , 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.
Pub. L. 87–70, § 803(a)1961—Subsec. (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.
Pub. L. 87–70, § 801(a)Subsec. (b). , designated existing provisions as par. (1) and added par. (2).
Pub. L. 87–70, § 803(b)Subsec. (c). , 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.
Pub. L. 87–70, § 803(c)Subsec. (d). , added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–242, title III, § 302(b)(2)101 Stat. 1894
Effective Date of 1986 Amendment
Pub. L. 99–272section 14001(e) of Pub. L. 99–272Amendment by effective , see .
Performance Goals for Farmers Home Administration
Pub. L. 102–550, title IX, § 925(b)106 Stat. 3885
In general .—
Form of goals .—
Report .—
Failure to meet goals .—
section 925(b)(3) of Pub. L. 102–550section 3003 of Pub. L. 104–66section 1113 of Title 31[For termination, effective , 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 , set out above, is listed in item 12 on page 47), see , as amended, set out as a note under , Money and Finance.]
Executive Documents
Termination of Trust Territory of the Pacific Islands
section 1681 of Title 48For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.
Admission of Alaska and Hawaii to Statehood
Pub. L. 85–50872 Stat. 339section 21 of Title 48Pub. L. 86–373 Stat. 4section 491 of Title 48Alaska was admitted into the Union on , on issuance of Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on , on issuance of Proc. No. 3309, , 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see , , , set out as a note preceding , Territories and Insular Possessions. For Hawaii Statehood Law, see , , , set out as a note preceding .