42 U.S.C. § 1490r — Rural housing voucher program

Page 4815 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1490r Subsecs. (m) to (r). Pub. L. 106–569, § 707(7), redesig- nated subsecs. (n) to (s) as (m) to (r), respectively. Former subsec. (m) redesignated (l). Subsec. (s). Pub. L. 106–569, § 707(7), redesignated sub- sec. (t) as (s). Former subsec. (s) redesignated (r). Subsec. (s)(4). Pub. L. 106–569, § 707(4), added par. (4). Subsec. (t). Pub. L. 106–569, § 707(7), redesignated sub- sec. (u) as (t). Former subsec. (t) redesignated (s). Pub. L. 106–569, § 707(5), inserted before period at end ‘‘to provide guarantees under this section for eligible loans having an aggregate principal amount of $500,000,000’’. Subsec. (u). Pub. L. 106–569, § 707(8), added subsec. (u). Former subsec. (u) redesignated (t). Subsec. (v). Pub. L. 106–569, § 707(8), added subsec. (v). 1998—Subsec. (t). Pub. L. 105–276, § 599C(c)(1), sub- stituted ‘‘each fiscal year’’ for ‘‘fiscal year 1998’’. Subsec. (u). Pub. L. 105–276, § 599C(c)(2), added subsec. (u) and struck out heading and text of former subsec. (u). Text read as follows: ‘‘A loan may not be guaran- teed under this section after September 30, 1998.’’ 1997—Subsec. (q)(2). Pub. L. 105–86, § 735(c)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: ‘‘In fiscal year 1996, the Sec- retary may enter into commitments to guarantee loans under this section only to the extent that the costs of the guarantees entered into in such fiscal year do not exceed $1,000,000.’’ Subsec. (t). Pub. L. 105–86, § 735(c)(2), added subsec. (t) and struck out text of former subsec. (t). Text read as follows: ‘‘There is authorized to be appropriated for fis- cal year 1996 $1,000,000 for costs (as such term is defined in section 661a of title 2) of loan guarantees made under this section.’’ Subsec. (u). Pub. L. 105–86, § 735(c)(3), substituted ‘‘1998’’ for ‘‘1996’’. 1996—Subsecs. (m)(1), (r)(1). Pub. L. 104–120, § 5(b), made technical amendment to reference in original act which appears in text as reference to March 28, 1996. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. § 1490q. Disaster assistance (a) Authority (1) In general Notwithstanding any other provision of this subchapter, in the event of a natural disaster, so declared by the President under the Robert T. Stafford Disaster Relief and Emergency As- sistance Act [42 U.S.C. 5121 et seq.], the Sec- retary shall allocate, for assistance under this section to the States affected for use in the counties designated as disaster areas and the counties contiguous to such counties, amounts made available to the Secretary by an appro- priations Act for such purpose. Allocations under this section may be made for each of the fiscal years ending during the 3-year period be- ginning on the declaration of the disaster by the President. (2) Amount Subject to the availability of amounts pur- suant to appropriations Acts, assistance under paragraph (1) shall be made in an amount equal to the product of— (A) the sum of the official State estimate of the number of dwelling units in the coun- ties described in paragraph (1) within the eli- gible service area of the Farmers Home Ad- ministration (or otherwise if the Secretary provides for a waiver under subsection (d)) that are destroyed or seriously damaged; and (B) 20 percent of the average cost of all dwelling units assisted by the Secretary in the State during the previous 3 years. (b) Use The assistance made available under this sec- tion may be used for the housing purposes au- thorized under this subchapter, and the Sec- retary shall issue such regulations as may be necessary to carry out this section to assure the prompt and expeditious use of such funds for the restoration of decent, safe, and sanitary housing within the areas described in subsection (a)(1). In implementing this section, the Secretary shall evaluate the natural hazards to which any permanent replacement housing is exposed and shall take appropriate action to mitigate such hazards. (c) Eligibility Notwithstanding any other provision of this subchapter, assistance allocated under this sec- tion shall be available to units of general local government and their agencies and to local non- profit organizations, agencies, and corporations for the construction or rehabilitation of housing for agricultural employees and their families. (d) Waiver of rural area requirements The Secretary may waive the application of the provisions of section 1490 of this title with respect to assistance under this section, as the Secretary considers appropriate. (e) Rural Housing Insurance Fund The Secretary is authorized to advance from the Rural Housing Insurance Fund such sums as may be necessary to meet the requirements of subsection (a)(1), subject to limits previously ap- proved in appropriations Acts. (July 15, 1949, ch. 338, title V, § 541, as added Pub. L. 101–625, title IX, § 934, Nov. 28, 1990, 104 Stat. 4404; amended Pub. L. 102–550, title VII, § 713, Oct. 28, 1992, 106 Stat. 3842.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (a)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. AMENDMENTS 1992—Subsec. (a)(1). Pub. L. 102–550 substituted ‘‘amounts made available to the Secretary by an appro- priations Act for such purpose’’ for ‘‘amounts available under this subchapter’’. § 1490r. Rural housing voucher program (a) In general To such extent or in such amounts as are ap- proved in appropriation Acts, the Secretary shall carry out a rural housing voucher program to assist very low-income families and persons Page 4816 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1490s to reside in rental housing in rural areas. For such purposes, the Secretary may provide assist- ance using a payment standard based on the fair market rental rate established by the Secretary for the area. The monthly assistance payment for any family shall be the amount by which the payment standard for the area exceeds 30 per centum of the family’s monthly adjusted in- come, except that such monthly assistance pay- ment shall not exceed the amount which the rent for the dwelling unit (including the amount allowed for utilities in the case of a unit with separate utility metering) exceeds 10 per centum of the family’s monthly gross income. (b) Coordination and limitation In carrying out the rural housing voucher pro- gram under this section, the Secretary shall— (1) coordinate activities under this section with activities assisted under sections 1485 and 1490m of this title; and (2) enter into contracts for assistance for not more than 5000 units in any fiscal year. (July 15, 1949, ch. 338, title V, § 542, as added Pub. L. 102–550, title VII, § 706(2), Oct. 28, 1992, 106 Stat. 3835.) § 1490s. Enforcement provisions (a) Equity skimming (1) Criminal penalty Whoever, as an owner, agent, employee, or manager, or is otherwise in custody, control, or possession of property that is security for a loan made or guaranteed under this sub- chapter, willfully uses, or authorizes the use, of any part of the rents, assets, proceeds, in- come, or other funds derived from such prop- erty, for any purpose other than to meet ac- tual, reasonable, and necessary expenses of the property, or for any other purpose not author- ized by this subchapter or the regulations adopted pursuant to this subchapter, shall be fined under title 18 or imprisoned not more than 5 years, or both. (2) Civil sanctions An entity or individual who as an owner, op- erator, employee, or manager, or who acts as an agent for a property that is security for a loan made or guaranteed under this sub- chapter where any part of the rents, assets, proceeds, income, or other funds derived from such property are used for any purpose other than to meet actual, reasonable, and nec- essary expenses of the property, or for any other purpose not authorized by this sub- chapter or the regulations adopted pursuant to this subchapter, shall be subject to a fine of not more than $25,000 per violation. The sanc- tions provided in this paragraph may be im- posed in addition to any other civil sanctions or civil monetary penalties authorized by law. (b) Civil monetary penalties (1) In general The Secretary may, after notice and oppor- tunity for a hearing, impose a civil monetary penalty in accordance with this subsection against any individual or entity, including its owners, officers, directors, general partners, limited partners, or employees, who know- ingly and materially violate, or participate in the violation of, the provisions of this sub- chapter, the regulations issued by the Sec- retary pursuant to this subchapter, or agree- ments made in accordance with this sub- chapter, by— (A) submitting information to the Sec- retary that is false; (B) providing the Secretary with false cer- tifications; (C) failing to submit information re- quested by the Secretary in a timely man- ner; (D) failing to maintain the property sub- ject to loans made or guaranteed under this subchapter in good repair and condition, as determined by the Secretary; (E) failing to provide management for a project which received a loan made or guar- anteed under this subchapter that is accept- able to the Secretary; or (F) failing to comply with the provisions of applicable civil rights statutes and regu- lations. (2) Conditions for renewal or extension The Secretary may require that expiring loan or assistance agreements entered into under this subchapter shall not be renewed or extended unless the owner executes an agree- ment to comply with additional conditions prescribed by the Secretary, or executes a new loan or assistance agreement in the form pre- scribed by the Secretary. (3) Amount (A) In general The amount of a civil monetary penalty imposed under this subsection shall not ex- ceed the greater of— (i) twice the damages the Department of Agriculture, the guaranteed lender, or the project that is secured for a loan under this section suffered or would have suf- fered as a result of the violation; or (ii) $50,000 per violation. (B) Determination In determining the amount of a civil mon- etary penalty under this subsection, the Sec- retary shall take into consideration— (i) the gravity of the offense; (ii) any history of prior offenses by the violator (including offenses occurring prior to the enactment of this section); (iii) the ability of the violator to pay the penalty; (iv) any injury to tenants; (v) any injury to the public; (vi) any benefits received by the violator as a result of the violation; (vii) deterrence of future violations; and (viii) such other factors as the Secretary may establish by regulation. (4) Payment of penalties No payment of a penalty assessed under this section may be made from funds provided under this subchapter or from funds of a project which serve as security for a loan made or guaranteed under this subchapter.