42 U.S.C. § 1476 — Buildings and repairs

Page 4759 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1476 ulations to be prescribed by him to grant a mor- atorium upon the payment of interest and prin- cipal on such loan for so long a period as he deems necessary, upon a showing by the bor- rower that due to circumstances beyond his con- trol, 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 cir- cumstances, 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 favor- able to the borrower than the foreclosure proce- dures that would otherwise be followed by the Secretary. This subsection shall be subject to the availability of amounts approved in appro- priations Acts, to the extent additional budget authority is necessary to carry out this sub- section. (July 15, 1949, ch. 338, title V, § 505, 63 Stat. 434; Pub. L. 101–625, title VII, § 707, Nov. 28, 1990, 104 Stat. 4287.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–625 amended section catchline gen- erally, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b). § 1476. Buildings and repairs (a) Construction in accordance with plans and specifications; supervision and inspection; technical services and research In connection with financial assistance au- thorized in this subchapter, the Secretary shall require that all new buildings and repairs fi- nanced under this subchapter shall be substan- tially constructed and in accordance with such building plans and specifications as may be re- quired by the Secretary. Buildings and repairs constructed with funds advanced pursuant to this subchapter shall be supervised and in- spected as required by the Secretary. In addition to the financial assistance authorized in this subchapter, the Secretary is authorized to fur- nish, through such agencies as he may deter- mine, to any person, including a person eligible for financial assistance under this subchapter, without charge or at such charges as the Sec- retary may determine, technical services such as building plans, specifications, construction supervision and inspection, and advice and infor- mation 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 di- rected 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 sec- tion 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, mi- grant and seasonal farmworkers, Indians and other identifiable groups with special needs. The Secretary shall conduct such activities for the purposes of stimulating construction and im- proving the architectural design and utility of dwellings and buildings. In carrying out this subsection, the Secretary may permit dem- onstrations involving innovative housing units and systems which do not meet existing pub- lished 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 ad- versely affected, except that the aggregate ex- penditures for such demonstrations may not ex- ceed $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 pro- spective 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 per- sons eligible under section 1471 of this title in purchasing, constructing, improving, altering, repairing, and replacing farm housing; (4) the interrelation of farm housing prob- lems and the problems of housing in urban and suburban areas; and (5) any other matters bearing upon the pro- vision of adequate farm housing. (d) Research capacity within Farmers Home Ad- ministration; establishment; authority In order to carry out this section, the Sec- retary 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 es- timates of national rural housing needs and re- ports 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 fur- therance 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 Sec- retary 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 set- Page 4760 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1477 tled 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 as- sessed 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 avail- ability and the condition of such housing units; and (C) determine the possible roles which indi- vidual farmworkers, farmworker associations, individual farmers, farmer associations, and public and private nonprofit agencies can per- form 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 Oc- tober 31, 1978. (July 15, 1949, ch. 338, title V, § 506, 63 Stat. 435; Pub. L. 87–70, title VIII, §§ 804(b)(1), 805(a), June 30, 1961, 75 Stat. 188; Pub. L. 87–723, § 4(c)(2), Sept. 28, 1962, 76 Stat. 672; Pub. L. 88–560, title V, § 503(c), Sept. 2, 1964, 78 Stat. 798; Pub. L. 89–117, title X, § 1005(d), Aug. 10, 1965, 79 Stat. 501; Pub. L. 89–348, § 1(5), Nov. 8, 1965, 79 Stat. 1310; Pub. L. 93–383, title V, §§ 506, 519(a), Aug. 22, 1974, 88 Stat. 694, 699; Pub. L. 95–128, title V, § 510, Oct. 12, 1977, 91 Stat. 1142; Pub. L. 95–557, title V, § 502, Oct. 31, 1978, 92 Stat. 2111; Pub. L. 98–181, title I [title V, § 505], Nov. 30, 1983, 97 Stat. 1242; Pub. L. 104–66, title I, § 1011(m), Dec. 21, 1995, 109 Stat. 710.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (e), is act July 15, 1949, ch. 338, 63 Stat. 413, known as the Housing Act of 1949, which is classified principally to this chapter (§ 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. 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 dem- onstrations.’’ 1983—Subsec. (b). Pub. L. 98–181 inserted provision re- lating 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, § 502(a), revised the provisions of this subsection to bring particular atten- tion to the housing needs of the elderly, handicapped, migrant and seasonal farmworkers, Indians and other identifiable groups. Subsec. (f). Pub. L. 95–557, § 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, § 519(a), substituted ‘‘as required by the Secretary’’ for ‘‘as may be required by the Secretary, by competent employees of the Sec- retary’’. Subsec. (d). Pub. L. 93–383, § 506(a), substituted provi- sions authorizing grants to such other private or public organizations as selected by the Secretary upon finding that required research and study could not be per- formed by personnel and facilities of Department of Ag- riculture or land-grant colleges, for provisions author- izing grants to such other agencies as selected by the Secretary. Subsec. (e). Pub. L. 93–383, § 506(b), substituted ‘‘rural housing’’ for ‘‘farm housing’’ wherever appearing. 1965—Subsec. (a). Pub. L. 89–117 substituted ‘‘this sub- chapter’’ 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 esti- mates of national farm housing needs and of progress made toward meeting such needs, probably was in- tended 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, §§ 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 con- struction of adequate farm dwellings and other build- ings for the purposes of stimulating construction, im- proving architectural design and utility, utilizing new and native materials, economies in materials and con- struction methods, and new methods of production, dis- tribution, assembly, and construction, which provisions are now contained in subsec. (b) of this section. Subsecs. (b) to (e). Pub. L. 87–70, § 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). Statutory Notes and Related Subsidiaries STUDY OF EMERGENCY POTABLE WATER AND SEWAGE PROGRAM Pub. L. 95–557, title V, § 508, Oct. 31, 1978, 92 Stat. 2114, required Secretary of Agriculture to determine the ap- proximate number of rural housing units without ac- cess to sanitary toilet facilities or potable water, pre- pare 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, § 1(5), Nov. 8, 1965, 79 Stat. 1310, re- pealed provisions of subsec. (e) of this section which re- lated to reports of the estimates of national farm hous- ing needs and of progress toward meeting such needs. § 1477. Preferences for veterans and families of deceased servicemen As between eligible applicants seeking assist- ance under sections 1471 to 1474, inclusive, of this title, the Secretary shall give preference to veterans and the families of deceased service- men. 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 Con- gress, or during the period beginning after Janu- ary 31, 1955, and ending on August 4, 1964, or dur-