42 U.S.C. § 1490e — Programs of technical and supervisory

Page 4801 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1490e Subsec. (g). Pub. L. 95–557, § 501(h), inserted ‘‘and not to exceed $3,000,000 for the fiscal year ending September 30, 1979’’, after ‘‘June 30, 1970’’. 1977—Subsec. (f). Pub. L. 95–128 substituted ‘‘1978’’ for ‘‘1977’’ wherever appearing. Pub. L. 95–80 substituted ‘‘October 1, 1977’’ for ‘‘Au- gust 1, 1977’’ and ‘‘September 30, 1977’’ for ‘‘July 31, 1977’’. Pub. L. 95–60 substituted ‘‘August 1, 1977’’ for ‘‘July 1, 1977’’ and ‘‘July 31, 1977’’ for ‘‘June 30, 1977’’. 1974—Subsec. (b)(1). Pub. L. 93–383, § 512(a), inserted proviso relating to advance of funds by Secretary at end of cl. (B). Subsec. (f). Pub. L. 93–383, § 512(b), substituted ‘‘1977’’ for ‘‘1974’’ wherever appearing and ‘‘$10,000,000’’ for ‘‘$5,000,000’’. Subsec. (h). Pub. L. 93–383, § 512(c), added subsec. (h). 1973—Subsec. (f). Pub. L. 93–117 substituted ‘‘1974’’ for ‘‘1973’’ wherever appearing. Statutory Notes and Related Subsidiaries 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. § 1490d. Loans to nonprofit organizations to pro- vide building sites for eligible families, non- profit organizations, public agencies, and co- operatives; interest rates; factors determina- tive in making loan (a)(1) IN GENERAL.—The Secretary may make loans, on such terms and conditions and in such amounts he deems necessary, to public or pri- vate nonprofit organizations and to Indian tribes for the acquisition and development of land as building sites to be subdivided and sold to families, nonprofit organizations, public agencies, and cooperatives eligible for assist- ance under any section of this subchapter or under any other law which provides financial as- sistance for housing low- and moderate-income families. Such a loan shall bear interest at a rate prescribed by the Secretary taking into consideration a rate determined annually by the Secretary of the Treasury as the current aver- age market yield on outstanding marketable ob- ligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 per centum, and shall be repaid within a period not to exceed five years from the making of the loan or within such additional pe- riod as may be authorized by the Secretary in any case as being necessary to carry out the purposes of this section. (2) REVOLVING FUNDS.—The Secretary may make grants to nonprofit housing agencies to establish revolving loan funds for the acquisi- tion and preparation of building sites for low-in- come housing. Any proceeds and repayments from such loans shall be returned to the revolv- ing loan fund to be used for purposes related to this section. Loan funds and interest payments shall be used solely for the acquisition of land; the preparation of land for building sites; the payment of reimbursable legal and technical costs; and technical assistance and administra- tive costs, not to exceed 10 percent of the fund. (b) In determining whether to extend financial assistance under this section, the Secretary shall take into consideration, among other fac- tors, (1) the suitability of the area to the types of dwellings which can feasibly be provided, and (2) the extent to which the assistance will (i) fa- cilitate providing needed decent, safe, and sani- tary housing, (ii) be utilized efficiently and ex- peditiously, and (iii) fulfill a need in the area which is not otherwise being met through other programs, including those being carried out by other Federal, State, or local agencies. (July 15, 1949, ch. 338, title V, § 524, as added Pub. L. 91–152, title IV, § 413(f)(1), Dec. 24, 1969, 83 Stat. 399; amended Pub. L. 93–383, title V, § 513, Aug. 22, 1974, 88 Stat. 696; Pub. L. 96–399, title V, § 507(f), Oct. 8, 1980, 94 Stat. 1670; Pub. L. 102–550, title VII, § 715, Oct. 28, 1992, 106 Stat. 3842; Pub. L. 118–42, div. B, title VII, § 761, Mar. 9, 2024, 138 Stat. 115.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–42 substituted ‘‘five years’’ for ‘‘two years’’. 1992—Subsec. (a). Pub. L. 102–550 designated existing provisions as par. (1), inserted par. heading, and added par. (2). 1980—Subsec. (a). Pub. L. 96–399 inserted reference to Indian tribes. 1974—Subsec. (a). Pub. L. 93–383 provided for applica- bility to public agencies and substituted ‘‘any section of this subchapter or under any other law which pro- vides financial assistance for housing low- and mod- erate-income families’’ for ‘‘section 1715z or 1715z–1 of title 12 or section 1490a of this title’’. § 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 spon- sored by governmental entity or public body The Secretary may make grants to or enter into contracts with public or private nonprofit corporations, agencies, institutions, organiza- tions, Indian tribes, and other associations ap- proved by him, to pay part or all of the cost of developing, conducting, administering or coordi- nating effective and comprehensive programs of technical and supervisory assistance which will aid needy low-income individuals and families in benefiting from Federal, State, and local hous- ing programs in rural areas. In processing appli- cations for such grants or contracts made by private nonprofit corporations, agencies, insti- tutions, organizations, and other associations, the Secretary shall give preference to those which are sponsored (including assistance to the applicant in processing the application, imple- menting the technical assistance program, and carrying out the obligations of the grant or con- tract) by a State, county, municipality, or other governmental entity or public body. (b) Loans to public or private nonprofit corpora- tions, etc., for necessary planning and financ- ing expenses; interest rates; factors deter- minative of amount; terms and conditions of repayment The Secretary is authorized to make loans to public or private nonprofit corporations, agen- cies, institutions, organizations, Indian tribes, Page 4802 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1490f and other associations approved by him for the necessary expenses, prior to construction, of planning, and obtaining financing for, the reha- bilitation or construction of housing for low-in- come individuals or families under any Federal, State, or local housing program which is or could be used in rural areas. Such loans shall be made without interest and shall be for the rea- sonable costs expected to be incurred in plan- ning, and in obtaining financing for, such hous- ing prior to the availability of financing, includ- ing but not limited to preliminary surveys and analyses of market needs, preliminary site engi- neering and architectural fees, and construction loan fees and discounts. The Secretary shall re- quire repayment of loans made under this sub- section, under such terms and conditions as he may require, upon completion of the housing or sooner. (c) Repealed. Pub. L. 98–181, title I [title V, § 518(b)], Nov. 30, 1983, 97 Stat. 1249 (d) Deposit of appropriated funds into low-in- come sponsor fund; availability; administra- tion of fund as revolving fund; deposit of re- payments All funds appropriated for the purpose of sub- section (b) shall be deposited in a fund which shall be known as the low-income sponsor fund, and which shall be available without fiscal year limitation and be administered by the Secretary as a revolving fund for carrying out the purposes of that subsection. Sums received in repayment of loans made under subsection (b) shall be de- posited in such fund. (July 15, 1949, ch. 338, title V, § 525, as added Pub. L. 93–383, title V, § 515, Aug. 22, 1974, 88 Stat. 697; amended Pub. L. 95–557, title V, § 501(i), Oct. 31, 1978, 92 Stat. 2111; Pub. L. 96–399, title V, § 507(g), Oct. 8, 1980, 94 Stat. 1670; Pub. L. 98–181, title I [title V, § 518], Nov. 30, 1983, 97 Stat. 1249.) Editorial Notes AMENDMENTS 1983—Subsec. (b). Pub. L. 98–181, § 518(a), struck out provisions setting forth conditions under which any part or all of the loan is subject to cancellation. Subsec. (c). Pub. L. 98–181, § 518(b), struck out subsec. (c), which related to authorization of appropriations for fiscal years ending June 30, 1975, June 30, 1976, and Sept. 30, 1979, and availability of amounts. 1980—Subsecs. (a), (b). Pub. L. 96–399 inserted ref- erences to Indian tribes. 1978—Subsec. (c). Pub. L. 95–557 inserted ‘‘There are also authorized to be appropriated for the fiscal year ending September 30, 1979, not to exceed $5,000,000 for the purposes of subsection (a) of this section and not to exceed $5,000,000 for the purposes of subsection (b) of this section.’’ Statutory Notes and Related Subsidiaries HOUSING ASSISTANCE COUNCIL Pub. L. 110–234, title VI, subtitle D, May 22, 2008, 122 Stat. 1210, and Pub. L. 110–246, § 4(a), title VI, subtitle D, June 18, 2008, 122 Stat. 1664, 1972, as amended by Pub. L. 113–188, title IX, § 901(f), Nov. 26, 2014, 128 Stat. 2020, provided that: ‘‘SEC. 6301. SHORT TITLE. ‘‘This subtitle may be cited as the ‘Housing Assist- ance Council Authorization Act of 2008’. ‘‘SEC. 6302. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL. ‘‘(a) USE.—The Secretary of Housing and Urban De- velopment may provide financial assistance to the Housing Assistance Council for use by the Council to develop the ability and capacity of community-based housing development organizations to undertake com- munity development and affordable housing projects and programs in rural areas. Assistance provided by the Secretary under this section may be used by the Hous- ing Assistance Council for— ‘‘(1) technical assistance, training, support, re- search, and advice to develop the business and admin- istrative capabilities of rural community-based hous- ing development organizations; ‘‘(2) loans, grants, or other financial assistance to rural community-based housing development organi- zations to carry out community development and af- fordable housing activities for low- and moderate-in- come families; and ‘‘(3) such other activities as may be determined by the Secretary of Housing and Urban Development and the Housing Assistance Council. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated for financial assistance under this section for the Housing Assistance Council $10,000,000 for each of fiscal years 2009 through 2011. ‘‘SEC. 6303. AUDITS AND REPORTS. ‘‘(a) AUDIT.— ‘‘(1) IN GENERAL.—The financial transactions and activities of the Housing Assistance Council shall be audited annually by an independent certified public accountant or an independent licensed public ac- countant certified or licensed by a regulatory author- ity of a State or other political subdivision of the United States. ‘‘(2) REQUIREMENTS OF AUDITS.—The Comptroller General of the United States may rely on any audit completed under paragraph (1), if the audit complies with— ‘‘(A) the annual programmatic and financial ex- amination requirements established in OMB Cir- cular A-133; and ‘‘(B) generally accepted government auditing standards. ‘‘(b) GAO REPORT.—The Comptroller General of the United States shall conduct a study and submit a re- port to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representative on the use of any funds appropriated to the Housing Assistance Council over the past 7 years. ‘‘SEC. 6304. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES. ‘‘Aliens who are not lawfully present in the United States shall be ineligible for financial assistance under this subtitle, as provided and defined by section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a). Nothing in this subtitle shall be con- strued to alter the restrictions or definitions in such section 214. ‘‘SEC. 6305. LIMITATION ON USE OF AUTHORIZED AMOUNTS. ‘‘None of the amounts authorized by this subtitle may be used to lobby or retain a lobbyist for the pur- pose of influencing a Federal, State, or local govern- mental entity or officer.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] § 1490f. Loans and insurance of loans for condo- minium 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 The Secretary is authorized, upon such terms and conditions (substantially identical insofar