
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1490p]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 8A--SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING
 
                      SUBCHAPTER III--FARM HOUSING
 
Sec. 1490p. Accountability


(a) Notice regarding assistance

              (1) Publication of notice of availability

        The Secretary shall publish in the Federal Register notice of 
    the availability of any assistance under any program or 
    discretionary fund administered by the Secretary under this 
    subchapter.

              (2) Publication of application procedures

        The Secretary shall publish in the Federal Register a 
    description of the form and procedures by which application for the 
    assistance may be made, and any deadlines relating to the award or 
    allocation of the assistance. Such description shall be sufficient 
    to enable any eligible applicant to apply for such assistance.

                (3) Publication of selection criteria

        Not less than 30 days before any deadline by which applications 
    or requests for assistance under any program or discretionary fund 
    administered by the Secretary must be submitted, the Secretary shall 
    publish in the Federal Register the criteria by which selection for 
    the assistance will be made. Such criteria shall include any 
    objective measures of housing need, project merit, or efficient use 
    of resources that the Secretary determines are appropriate and 
    consistent with the statute under which the assistance is made 
    available.

                   (4) Documentation of decisions

        (A) The Secretary shall award or allocate assistance only in 
    response to a written application in a form approved in advance by 
    the Secretary, except where other award or allocation procedures are 
    specified in statute.
        (B) The Secretary shall ensure that documentation and other 
    information regarding each application for assistance is sufficient 
    to indicate the basis on which any award or allocation was made or 
    denied. The preceding sentence shall apply to--
            (i) any application for an award or allocation of assistance 
        made by the Secretary to a State, unit of general local 
        government, or other recipient of assistance, and
            (ii) any application for a subsequent award or allocation of 
        such assistance by such State, unit of general local government 
        or other recipient.

        (C) The Secretary shall ensure that each application and all 
    related documentation and other information referred to in 
    subparagraph (B) is readily available for public inspection for a 
    period of not less than 10 years, beginning not less than 30 days 
    following the date on which the award or allocation is made.

                       (5) Emergency exception

        The Secretary may waive the requirements of paragraphs (1), (2), 
    and (3) if the Secretary determines that the waiver is required for 
    adequate response to an emergency. Not less than 30 days after 
    providing a waiver under the preceding sentence, the Secretary shall 
    publish in the Federal Register the Secretary's reasons for so 
    doing.

(b) Disclosures by applicants

    The Secretary shall require the disclosure of information with 
respect to any application for assistance under this subchapter 
submitted by any applicant who has received or, in the determination of 
the Secretary, can reasonably be expected to receive assistance under 
this subchapter in excess of $200,000 in the aggregate during any fiscal 
year. Such information shall include the following:

                   (1) Other government assistance

        Information regarding any related assistance from the Federal 
    Government, a State, or a unit of general local government, or any 
    agency or instrumentality thereof, that is expected to be made 
    available with respect to the project or activities for which the 
    applicant is seeking assistance under this subchapter. Such related 
    assistance shall include but not be limited to any loan, grant, 
    guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, 
    or any other form of direct or indirect assistance.

                       (2) Interested parties

        The name and pecuniary interest of any person who has a 
    pecuniary interest in the project or activities for which the 
    applicant is seeking assistance. Persons with a pecuniary interest 
    in the project or activity shall include but not be limited to any 
    developers, contractors, and consultants involved in the application 
    for assistance under this subchapter or the planning, development, 
    or implementation of the project or activity. For purposes of this 
    paragraph, residency of an individual in housing for which 
    assistance is being sought shall not, by itself, be considered a 
    pecuniary interest.

                    (3) Expected sources and uses

        A report satisfactory to the Secretary of the expected sources 
    and uses of funds that are to be made available for the project or 
    activity.

(c) Updating of disclosure

    During the period when an application is pending or assistance is 
being provided, the applicant shall update the disclosure required under 
the previous subsection within 30 days of any substantial change.

(d) Repealed. Pub. L. 104-65, Sec. 11(b)(2), Dec. 19, 1995, 109 Stat. 
        701

(e) Remedies and penalties

                     (1) Administrative remedies

        If the Secretary receives or obtains information providing a 
    reasonable basis to believe that a violation of subsection (b), (c), 
    or (d) this \1\ section has occurred, the Secretary shall--
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    \1\ So in original. Probably should be ``of this''.
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            (A) in the case of a selection that has not been made, 
        determine whether to terminate the selection process or take 
        other appropriate actions; and
            (B) in the case of a selection that has been made, determine 
        whether to--
                (i) void or rescind the selection, subject to review and 
            determination on the record after opportunity for a hearing;
                (ii) impose sanctions upon the violator, including 
            debarment, subject to review and determination on the record 
            after opportunity for a hearing;
                (iii) recapture any funds that have been disbursed;
                (iv) permit the violating applicant selected to continue 
            to participate in the program; or
                (v) take any other actions that the Secretary considers 
            appropriate.

    The Secretary shall publish in the Federal Register a descriptive 
    statement of each determination made and action taken under this 
    paragraph.

                         (2) Civil penalties

        Whoever violates any section \2\ of this section shall be 
    subject to the imposition of a civil penalty in a civil action 
    brought by the United States in an appropriate district court of the 
    United States. A civil penalty under this paragraph may not exceed--
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    \2\ So in original. Probably should be ``subsection''.
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            (A) $100,000 in the case of an individual; or
            (B) $1,000,000 in the case of an applicant other than an 
        individual.

             (3) Deposit of penalties in insurance funds

        Notwithstanding any other provision of law, all civil money 
    penalties collected under this section shall be deposited in the 
    Rural Housing Insurance Fund.

                  (4) Nonexclusiveness of remedies

        This subsection may not be construed to limit the applicability 
    of any requirements, sanctions, penalties, or remedies established 
    under any other law. The Secretary shall not be relieved of any 
    obligation to carry out the requirements of this section because 
    such other requirements, sanctions, penalties, or remedies apply.

(f) Limitation of assistance

    The Secretary shall certify that assistance provided by the 
Secretary to any housing project shall not be more than is necessary to 
provide affordable housing after taking account of assistance from all 
Federal, State, and local sources. The Secretary shall adjust the amount 
of assistance provided to an applicant to compensate for any changes 
reported under subsection (c) of this section.

(g) Regulations

    Not less than 180 days following December 15, 1989, the Secretary 
shall promulgate regulations to implement this section.

(h) ``Assistance'' defined

    For purposes of this section, the term ``assistance'' means any 
housing grant, loan, guarantee, insurance, rebate, subsidy, tax credit 
benefit, or other form of direct or indirect assistance, for the 
original construction or development of the project.

(i) Report by Secretary

    The Secretary shall submit to the Congress, not later than 180 days 
following December 15, 1989, a report describing actions taken to carry 
out this section, including actions to inform and educate officers and 
employees of the Department of Agriculture regarding the provisions of 
this section.

(July 15, 1949, ch. 338, title V, Sec. 536, as added Pub. L. 101-235, 
title IV, Sec. 401(a), Dec. 15, 1989, 103 Stat. 2045; amended Pub. L. 
101-625, title VII, Sec. 719(a), Nov. 28, 1990, 104 Stat. 4297; Pub. L. 
104-65, Sec. 11(b)(2), Dec. 19, 1995, 109 Stat. 701.)

                          Codification

    December 15, 1989, referred to in subsec. (g), was in the original 
``the date of enactment of this Act'', which was translated as meaning 
the date of enactment of Pub. L. 101-235, which enacted this section, to 
reflect the probable intent of Congress.


                               Amendments

    1995--Subsec. (d). Pub. L. 104-65 struck out subsec. (d) which 
related to regulation of lobbyists and consultants.
    1990--Subsec. (h). Pub. L. 101-625 inserted before period at end ``, 
for the original construction or development of the project''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as 
otherwise provided, see section 24 of Pub. L. 104-65, set out as an 
Effective Date note under section 1601 of Title 2, The Congress.


                             Effective Date

    Section 401(b) of Pub. L. 101-235 provided that: ``Section 536 of 
the Housing Act of 1949 [this section], as added by subsection (a), 
shall take effect on the effective date of regulations implementing such 
section.''
