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Page:United States Statutes at Large Volume 92 Part 2.djvu/811

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2091

(b) The second sentence of section 202(a)(4)(C) of such Act is 12 USC 1701q. amended— (1) by striking out "in any fiscal year" immediately after "under this section"; and (2) by striking out "for such year" immediately after "authority established". (c) Section 202(d)(3) of such Act is amended by inserting "the cost of movables necessary to the basic operation of the project as determined by the Secretary," immediately after "related facilities,". (d) Section 202(d)(2) of such Act is amended to read as follows: "(2) The term 'corporation' means any incorporated private "Corporation." institution or foundation— "(A) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; "(B) which has a governing board (i) the membership of, which is selected in a manner to assure that there is significant representation of the views of the community in which such project is located, and (ii) which is responsible for the operation of the housing project assisted under this section; and "(C) which is approved by the Secretary as to financial responsibility.". LOW-INCOME HOUSING

SEC. 206. (a) Section 5(c) of the United States Housing Act of 1937 is amended-(1) by striking out "and" immediately after "October 1, 1976," in the first sentence; (2) by inserting immediately after "on October 1, 1977," in the first sentence the following: "and by $1,195,043,000 on October 1, 1978"; (3) by striking out the second and fourth sentences; and (4) by inserting "and on and after October 1, 1978," immediately after "October 1, 1976," in the third sentence. (b) Section 5(c) of such Act is amended by inserting after the fourth sentence the following: "Of the additional authority to enter into contracts for annual contributions provided on October 1, 1978, and approved in appropriation Acts, the Secretary shall make available not less than $50,000,000 for modernization of low-income housing projects.". (c) Section 3(2)(D) of such Act is amended by striking out "10" in the first proviso and inserting in lieu thereof "15". (d)(1) Section 8 of such Act is amended by adding at the end thereof the following new subsection: "(i) In entering into contracts under this section with respect to substantially rehabilitated dwelling units, the Secretary shall provide that— "(1) the maximum monthly rent permitted for the assisted units be not greater than the amount permitted under subsection (c) or a lesser amount which the Secretary determines is appropriate taking into consideration the investment of the owner in the assisted units and such other factors as the Secretary determines to be relevant; "(2) the assisted units be rehabilitated to a level which meets but does not exceed applicable codes and standards for decent, safe, and sanitary housing which are prescribed by the Secretary; "(3) all the dwelling units in the housing structure in which the assisted units are located meet applicable codes and standards prescribed by the Secretary for decent, safe, and sanitary housing; " (4) the term of any such contract does not exceed the maxi-

42 USC 1437c.

42 USC 1437a. 42 USC 1437f. Contracts,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/812

 92 STAT. 2092

Effective date.

42 USC 1437f note.

42 USC 1437f.

Terms and conditions.

Annual contributions contracts.

PUBLIC LAW 95-557—OCT. 31, 1978 mum term permitted under subsection (e)(1) or a shorter term which the Secretary determines is appropriate taking into consideration the amount of investment of the owner in the assisted units and such other factors as the Secretary determines to be relevant; and " (5) the assisted units meet cost-effective energy efficiency standards prescribed by the Secretary.". (2) The amendment made by this subsection shall become effective with respect to contracts entered into on or after 270 days following the date of enactment of this Act. (e) Section 8(e) of such Act is amended by adding at the end thereof the following: "(5) For the purpose of upgrading and thereby preserving the Nation's housing stock, the Secretary is authorized to make assistance payments under this section directly or through public housing agencies pursuant to contracts with owners or prospective owners who agree to upgrade housing so as to make and keep such housing decent, safe, and sanitary through upgrading which involves less than substantial rehabilitation, as such upgrading and rehabilitation are defined by the Secretary. The Secretary is authorized to prescribe such terms and conditions for contracts entered into under this section pursuant to this paragraph as the Secretary determines to be necessary and appropriate, except that such terms and conditions, to the maximum extent feasible, shall be consistent with terms and conditions otherwise applicable with respect to other dwelling units assisted under this section. The Secretary is also authorized to make assistance available under this section pursuant to this paragraph to any unit in a housing project which, on an overall basis, reflects the need for such upgrading.". (f) Section 8 of such Act is amended by adding at the end thereof the following new subsection: " (j)(l) The Secretary may enter into annual contributions contracts under this subsection for the purpose of assisting lower income families by making rental assistance payments with respect to real property on which is located a mobile home which is owned by any such family and utilized by such family as its principal place of residence. In carrying out this subsection, the Secretary may (A) enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make such assistance payments to the owners of such real property, or (B) enter into such contracts directly with the owners of such real property. "(2) Contracts entered into pursuant to this subsection shall establish the maximum monthy rent (including maintenance and management charges) which the owner is entitled to receive for each space on which a mobile home is located and with respect to which assistance ayments are to be made. The maximum monthly rent shall not exceed y more than 10 per centum the fair market rental established by the Secretary periodically (but not less than annually) with respect to the market area for the rental of real property suitable for occupancy by families assisted under this subsection. The provisions of subsection (c)(2) of this section shall apply to the adjustments of maximum monthly rents under this subsection. "(3) The amount of any monthly assistance payment with respect to any family assisted under this subsection shall be the difference between 25 per centum of one-twelfth of the annual income of such family and the sum of—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/813

 PUBLIC LAW 95-557—OCT. 31, 1978 "(A) the monthly payment made by such family to amortize the cost of purchasing the mobile home; "(B) monthly utility payments made by such family, subject to reasonable limitations prescribed by the Secretary; and "(C) the maximum monthly rent permitted with respect to the real property which is rented by such family for the purpose of locating its mobile home; except that in no case may such assistance exceed the total amount of such maximum monthly rent. "(4) Each contract entered into under this subsection shall be for a term of not less than one month and not more than 180 months. "(5) The Secretary may prescribe other terms and conditions which are necessary for the purpose of carrying out the provisions of this subsection and which are consistent with the purposes of this subsection.". (g) Section 9(c) of such Act is amended— (1) by striking out "and" immediately following "on or after October 1, 1976,"; and (2) by inserting immediately before the period at the end thereof the following: ", and not to exceed $729,000,000 on or after October 1, 1978". (h) The amendments made by this section, except the amendment made by subsection (d), shall become effective on October 1, 1978. PUBLIC

HOUSING

92 STAT. 2093

Terms and conditions.

42 USC 1437g.

Effective date. 42 USC 1437c note.

SECURITY

SEC. 207. (a) This section may be cited as the "Public Housing Security Demonstration Act of 1978". (b)(1) The Congress finds that— (A) low-income and elderly public housing residents of the Nation have suffered substantially from rising crime and violence, and are being threatened as a result of inadequate security arrangements for the prevention of physical violence, theft, burglary, and other crimes; (B) older persons generally regard the fear of crime as the most serious problem in their lives, to the extent that one-fourth of all Americans over 65 voluntarily restrict their mobility because of it; (C) crime and the fear of crime have led some residents to move from public housing projects; (D) an integral part of successfully providing decent, safe, and sanitary dwellings for low-income persons is to insure that the housing is secure; (E) local public housing authorities may have inadequate security arrangements for the prevention of crime and vandalism; and (F) action is needed to provide for the security of public housing residents and to preserve the Nation's investment in its public housing stock. (2) It is, therefore, declared to be the policy of the United States to provide for a demonstration and evaluation of effective means of mitigating crime and vandalism in public housing projects, in order to provide a safe living environment for the residents, particularly the elderly residents, of such projects. (c)(1) The Secretary of Housing and Urban Development shall promptly initiate and carry out during the fiscal year beginning on October 1, 1978, to the extent approved in appropriation Acts, a pro-

Public Housing Security Demonstration Act of 1978. 12 USC 1701Z-6 note.

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Page:The Folk-Lore Journal Volume 4 1886.djvu/173

Rh

"There was a young man as worked for me when I was living in Herefordshire, as always wore a charm from a child. Couldn't do without it. When he was a little lad he was sent for a can of milk, and he came running, and slopped some of the milk over a door-stone in passing, and the woman came out and abused him; and it was always supposed she bewitched him, for he always seemed to pine afterwards. Nothing ailed him, only he didn't grow, nor thrive. Never complained, never said he was ill, only couldn't eat, and in the night he'd get out of bed and go into the garden and lay him down among the potatoes. And then his father or his mother would go and fetch him back, and he never knew where he was, or how he come there, and they'd get him back and cover him up in bed again. "And there was a man as worked with his father, and he says to him one day, he says, 'Tell thee what: if I was thee, I'd take Jack over to the Marsh Farm.' 'Ay?' he says; 'dost tha think as the oud man 'd do him any good?' 'To be sure,' he says; 'it's plain,' he says, 'what ails the lad, and doctor's stuff won't do nothing for him.'

"Well, the father said no more; but on the Sunday morning he got up and dressed himself, and he says, 'I think as I'll take Jack over to the Marsh Farm to-day.' So they went; and as soon as ever they come in the old farmer says, 'What! thou'st brought Jack,


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Page:United States Statutes at Large Volume 92 Part 2.djvu/814

 92 STAT. 2094

Comprehensive community anticrime and security plans, consideration.

Crime and vandalism, survey.

Report to Congress.

42 USC 1437c.

PUBLIC LAW 95-557—OCT. 31, 1978

gram for the development, demonstration, and evaluation of improved, innovative community anticrime and security methods, concepts and techniques which will mitigate the level of crime in public housing projects and their surrounding neighborhoods. (2) In selecting public housing projects to receive assistance under this section, the Secretary shall assure that a broad spectrum of project types, locations and tenant populations are represented and shall consider at least the following: the extent of crime and vandalism currently existing in the projects; the extent, nature and quality of community anticrime efforts in the projects and surrounding areas; the extent, nature and quality of police and other protective services available to the projects and their tenants; the demand for public housing units in the locality, the vacancy rate, and extent of abandonment of such units; and the characteristics and needs of the public housing tenants. (3) In selecting the anticrime and security methods, concepts and techniques to be demonstrated under this section, the Secretary shall consider the improvement of physical security equipment or dwelling units in those projects, social and environmental design improvements, tenant awareness and volunteer programs, tenant participation and employment in providing security services, and such other measures as deemed necessary or appropriate by the Secretary. Particular attention shall be given to comprehensive community anticrime and security plans submitted by public housing authorities which (i) provide for coordination between public housing management and local law enforcement officials, or (ii) coordinate resources available to the community through programs funded by the Law Enforcement Assistance Administration, the Department of Health, Education, and Welfare, the Department of Labor, the Community Services Administration, and ACTION, or other Federal or State agencies. (4) In carrying out the provisions of this section, the Secretary shall coordinate and jointly target resources with other agencies^ particularly the Law Enforcement Assistance Administration, the Department of Health, Education, and Welfare, the Department of Labor, the Community Services Administration, and ACTION. (d) The Secretary shall initiate and carry out a survey of crime and vandalism existing in the Nation's public housing projects. The survey shall include the nature, extent and impact of crime and vandalism and the nature and extent of resources currently available and employed to alleviate crime and vandalism in public housing. (e) The Secretary shall report to the Congress not later than eighteen months after the date of enactment of this Act. Such report shall include the results of the survey on crime and vandalism in public housing; findings from the demonstration and evaluation of various methods of reducing the level of crime; and legislative recommendations, if appropriate for (A) a comprehensive program to increase security in public housing projects and (B) increasing the coordination between anticrime programs of other State and Federal agencies that may be used by public housing authorities. Any recommendations shall include estimated costs of such programs. (f) Of the additional authority approved in appropriation Acts with respect to entering into annual contributions contracts under section 5(c) of the United States Housing Act of 1937 for the fiscal year beginning on October 1, 1978, the Secretary may utilize up to $12,000,000 of such authority in the fiscal year beginning on October 1, 1978, for the establishment of the public housing security demonstration program authorized by this section.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/815

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2095

SECTION 8 HOUSING FOK LARGE F A M I U E S

SEC. 208. (a) The Secretary of Housing and Urban Development 42 USC 1437f shall conduct a study for the purpose of examining alternative means note. of encouraging the development of housing to be assisted under section 8 of the United States Housing Act of 1937 for occupancy by large 42 USC 1437f. families which reside in areas with a low-vacancy rate in rental housing. (b) The Secretary shall report to the Congress no later than one Report to year after the date of enactment of this Act, for the purpose of pro- Congress. viding legislative recommendations with respect to the study described in subsection (a). SOLAR ENERGY SYSTEMS

SEC. 209. (a) I t is the purpose of this section to promote and extend 12 USC the application of viable solar energy systems as a desirable source of 1701Z-13. energy for residential single-family and multifamily housing units. (b)(1) The Secretary, in carrying out programs and activities under section 312 of the Housing Act of 1964, section 202 of the Housing 42 USC 1452b. Act of 1959, and section 8 of the United States Housing Act of 1937, 12 USC ITOlq. shall permit the installation of solar energy systems which are costeffective and economically feasible. (2) For the purpose of this Act, the term "solar energy system" "Solar energy means any addition, alteration, or improvement to an existing or new system." structure which is designed to utilize wind energy or solar energy either of the active type based on mechanically forced energy transfer or of the passive type based on convective, conductive, or radiant energy transfer or some combination of these types to reduce the energy requirements of that structure from other energy sources, and which is in conformity with such criteria and standards as shall be prescribed by the Secretary in consultation with the Secretary of Energy. (c) In carrying out subsection (b), the Secretary shall take such steps as may be necessary to encourage the installation of cost-effective and economically feasible solar energy systems in housing assisted under the programs and activities referred to in such subsection taking into account the interests of low-income homeowners and renters, including the implementation of a plan of action to publicize the availability and feasibility of solar energy systems to current or potential recipients of assistance under such programs and activities. (d) The Secretary shall, in conjuction with the Secretary of Energy, Joint report to transmit to the Congress, within eighteen months after the date of Congress. enactment of this Act, a report setting forth— (1) the number of solar units which were contracted for or installed or which are on order under the provisions of subsection (b)(1) of this section during the first twelve full calendar months after the date of enactment of this Act; and (2) an analysis of any problems and benefits related to encouraging the use of solar energy systems in the programs and activities referred to in subsection (b). TITLE III—PROGRAM AMENDMENTS AND EXTENSIONS EXl'ENSION OF FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE PROGRAMS

SEC. 301. (a) Section 2(a) of the National Housing Act is amended 12 USC 1703. by striking out "November 1, 1978" in the first sentence and inserting in lieu thereof "October 1, 1979".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/816

 92 STAT. 2096

PUBLIC LAW 95-557—OCT. 31, 1978

12 USC 1715h.

(b) Section 217 of such Act is amended by striking out "October 31, 1978" and inserting in lieu thereof "September 30, 1979". 12 USC 1715Z. (c) Section 221(f) of such Act is amended by striking out "October 31, 1978" in the fifth sentence and inserting in lieu thereof "September 30, 1979". 12 USC 1715z. (d) Section 235(m) of such Act is amended by striking out "October 31, 1978" and inserting in lieu thereof "September 30, 1979". 12 USC (e) Section 236(n) of such Act is amended by striking out "October 31, 1978" and inserting in lieu thereof "September 30, 1979". 1715Z-1. (f) Section 244(d) of such Act is amended— 12USei715z-9. (1) by striking out "October 31, 1978" in the first sentence and inserting in lieu thereof "September 30, 1979"; and (2) by striking out "November 1, 1978" in the second sentence and inserting in lieu thereof "October 1, 1979". (g) Section 245 of such Act is amended by striking out "October 31, 12 USC 1978" in the third sentence and inserting in lieu thereof "September 30, 1715Z-10. 1979". 12 USC (h) Section 809(f) of such Act is amended by striking out "October 31, 1978" in the second sentence and inserting in lieu thereof "Septem1748h-l. ber 30, 1979". (i) Section 810(k) of such Act is amended by striking out "October 12 USC 31, 1978" in the second sentence and inserting in lieu thereof "Septem1748h-2. ber 30, 1979". 12 USC 1749bb. (j) Section 1002(a) of such Act is amended by striking out "October 31, 1978" in the second sentence and inserting in lieu thereof "September 30, 1979". (k) Section 1101(a) of such Act is amended by striking out "Octo12 USC 1749aaa. ber 31, 1978" in the second sentence and inserting in lieu thereof "September 30, 1979". EXTENSION OF FLEXIBLE INTEREST RATE AUTHORITY

SEC. 302. Section 3(a) of the Act entitled " A n Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans' home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes", 12 USC 1709-1. approved May 7, 1968, as amended, is amended by striking out "November 1, 1978" and inserting in lieu thereof "October 1, 1979". EXTENSION o r EMERGENCY HOME PURCHASE ACT OF 1974

12 USC 1723e note,

ASSISTANCE

S E C 303. Section 3(b) of the Emergency Home Purchase Assistance Act of 1974 is amended by striking out "November 1, 1978" and inserting in lieu thereof "October 1, 1979". COMPREHENSIVE P L A N N I N G

40 USC 461.

S E C 304. (a) The second sentence of section 701(e) of the Housing Act of 1954 is amended by striking out "and not to exceed $75,000,000 for the fiscal year 1978" and inserting in lieu thereof "not to exceed $75,000,000 for the fiscal year 1978, and not to exceed $57,000,000 for the fiscal year 1979". (b) The second sentence of section 701(c) of such Act is amended by striking out "biennially" and inserting in lieu thereof "triennially". (c) Section 701(d)(2) of such Act is amended by striking out "biennially" and inserting in lieu thereof " a t least triennially" and by striking out " t w o " and inserting in lieu thereof "three".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/817

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2097

(d) Section 701(m) of such Act is amended by adding at the end 40 USC 461. thereof the following: "(5) The term 'Indian tribal group or body' means any Indian "Indian tribal tribe, band, group, and nation, including Alaska Indians, Aleuts, group or body.' and Eskimos, and any Alaskan Native Village, of the United States, which is considered an eligible recipient under the Indian Self-Determination and Education Assistance Act (Public Law 93-638) or under the State and Local Fiscal Assistance Act of 25 USC 450 note. 31 USC 1221 1972 (Public Law 92-512).". note. RESEARCH AUTHORIZATIONS

SEC. 305. (a) Title V of the Housing and Urban Development Act of 1970 is amended by striking out in the second sentence of section 501 "and not to exceed $60,000,000 for the fiscal year 1978" and insert- 12 USC 1701z-l. ing in lieu thereof "not to exceed $60,000,000 for the fiscal year 1978, and not to exceed $62,000,000 for the fiscal year 1979". (b) Such title is further amended by adding at the end thereof the following new section: "CONVERSIONS

"SEC. 510. In carrying out activities under section 501, the Secretary is authorized to conduct demonstrations to determine the feasibility of expanding homeownership opportunities in urban areas and encouraging the creation and maintenance of decent, safe, and sanitary housing in such areas by utilizing techniques including, but not limited to, the conversion of multifamily housing properties to condominium or cooperative ownership by individuals and families.". (c) The Secretary of Housing and Urban Development shall conduct a study of the feasibility of underground construction of residential housing and changes in housing codes and financing which may be necessary as the result of the adoption of this construction method. The Secretary shall transmit a final report no later than one year after the date of enactment of this Act to the Congress containing the findings and conclusions made as a result of such study, along with any legislative recommendations which the Secretary determines should be enacted with respect to the subject of such study. NEW

Demonstration. 12 USC 1701Z-9.

Study. 12 USC 1701Z-9 note. Report to Congress.

COMMUNITIES

SEC. 306. Section 720(a) of the Housing and Urban Development Act of 1970 is amended by striking out "November 1, 1978" and insert- 42 USC 4521. ing in lieu thereof "Octoljer 1, 1979". EXTENSION o r CRIME INSURANCE AND RIOT REINSURANCE PROGRAMS

SEC. 307. (a) Section 1201 of the National Housing Act is amended— (1) by striking out, in subsection (b)(1), "October 31, 1978" and inserting in lieu thereof "September 30, 1980"; (2) by striking out, in subsection (b)(1)(A), "October 31, 1981" and inserting in lieu thereof "September 30, 1983"; and (3) by striking out, in subsection (b)(2), "October 31, 1978" and inserting in lieu thereof "September 30, 1981". (b) Section 1211 of such Act is amended by adding the following new subsection at the end thereof: "(c) At least one-third of the voting members of every board of directors, board of governors, advisory committee, and other governing or advisory board or committee for each plan described in subsec-

39-194 O—80—pt. 2

52: QL3

12 USC 1749bbb.

12 USC 1749bbb-3.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/818

 92 STAT. 2098

12 USC 1749bbb-3.

PUBLIC LAW 95-557—OCT. 31, 1978 tion (b) shall be individuals who are not employed by, or otherwise affiliated with, insurers, insurance agents, brokers, producers, or other entities of the insurance industry.". (c) Section 1211(b) of such Act is amended by striking out "and" at the end of paragraph (9), by striking out the period at the end of paragraph (10) and inserting m lieu thereof "; and", and by adding the following, new paragraph at the end thereof: "(11) Notwithstanding any other provision of this section, on and after January 31, 1979, no risk within the plan shall be insured at a rate higher than the rates or advisory rates set by the principal State-licensed rating organization for essential property insurance in the voluntary market; except that this provision shall not be deemed to prohibit the application to any such risk, on a nondiscriminatory basis, of condition charges for substandard physical conditions within the control of the applicant for insurance as set by the principal State-licensed rating organization for the voluntary market.". EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM

42 USC 4026. 42 USC 4056.

SEC. 308. (a) Section 1319 of the National Flood Insurance Act of 1968 is amended by striking out "October 31, 1978" and inserting in lieu thereof "September 30, 1980". (b) Section 1336(a) of such Act is amended by striking out "October 31, 1978" and inserting in lieu thereof "September 30, 1980". FLOOD INSURANCE STUDIES

42 USC 4127.

SEC. 309. Section 1376(c) of the National Flood Insurance Act of 1968 is amended by striking out "and not to exceed $108,000,000 for the fiscal year 1978" and inserting in lieu thereof the following: ", not to exceed $108,000,000 for the fiscal year 1978, and not to exceed $114,000,000 for the fiscal year 1979.". FEDERAL HOUSING ADMINISTRATION GENERAL INSURANCE F U N D

12 USC 1735c.

SEC. 310. Section 519(f) of the National Housing Act is amended by inserting the following before the period: ", which amount shall be increased by $165,000,000 on October 1, 1978". M U L T I F A M I L Y MORTGAGE INSURANCE

SEC. 311. (a) The last sentence of section 207(c) of the National 12 USC 1713. Housing Act is amended by striking out "eight" and inserting in lieu thereof "five". 12 USC 1715z-6. (b) Section 241(d) of such Act is amended by adding at the end thereof the following: "At any sale under foreclosure of a mortgage on a project or facility which is not insured under this Act but which is senior to a loan assigned to the Secretary pursuant to subsection (c), the Secretary is authorized to bid, in addition to amounts authorized under section 207(k), any sum up to but not in excess of the total unpaid indebtedness secured by such senior mortgage, plus taxes, insurance, foreclosure costs, fees, and other expenses. In the event that, pursuant to subsection (c), the Secretary acquires title to, or is assigned, a loan covering a project or facility which is subject to a mortgage which is not insured under this Act, the Secretary is authorized to make payments from the General Insurance Fund on the debt secured by such mortgage, and to take such other steps as the Secretary may

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/248

 210 You must not cry any more over such a wife as that. You can get a better wife than a block of wood surely. Why don't you take a woman for your wife?" The man stared in amazement at him for a moment, then replied that he knew of no women, had indeed never seen any people in that part of the country. The block of wood was all the wife he had ever had, and now she was burned, and he was all alone; and he began to cry again. "Stop crying," said the boy, "and I will find a wife for you. Have you a stone chisel in the house?" "Yes," replied the man. "Give it to me," said the boy. "Now stay here with my brothers till I return, and I will bring you a better wife than your block of wood." Saying which he climbed the notched pole and passed out through the smoke-hole. When he got outside, he went to the forest and cut down a cotton-wood tree. From this he cut and peeled a log about six feet long, and stepping over it three times said aloud: "One, two, three. Log, get up and be a woman!" And the piece of cotton-wood stood upright and became a beautiful white woman with white hair arid face and body, white as the wood of the cotton-wood tree. Then he cut down an alder-wood tree and did the same as before, and the log of alder-wood became a beautiful red woman with red hair and face and body, red as the wood of the alder-tree when the bark has been stripped from it a little while. Taking these two women with him he returned to the keekwilee-house, and bidding them wait outside till they were called, he climbed down through the smoke-hole again. Returning the man's chisel, he said: "Now I have brought you two proper wives. It is wrong for a man to make a wife of a piece of wood; you must not do so any more." With that he called out to the two women to descend. When they were come down, he took the white woman's hand and put it in the hand of the man and said to the one: "This is your husband," and to the other: "This is your wife." He then did the same with the red woman; and with a parting admonition to the man, he and his brothers climbed through the smoke-hole and left him and his newly-acquired wives to themselves.

Some time after this, as he travelled through the country with his brothers, Benign-face heard of a very powerful one-legged wizard who speared men's shadows as they passed, thus killing and afterwards eating them. "Come brothers," said Benign-face, "I will try my powers against this wicked cannibal. I think I can


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Page:United States Statutes at Large Volume 92 Part 2.djvu/819

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2099

deem appropriate to preserve or protect the Secretary's interest in the project or facility.". MORTGAGE INSURANCE FOR NONRESIDENT CARE FACILITIES

SEC. 312. (a) Section 232(a) of the National Housing Act is 12 USC 1715w. amended— (1) by inserting the following immediately before the period at the end of paragraph (1): ", including additional facilities for the nonresident care of elderly individuals and others who are able to live independently but who require care during the day"; and (2) by inserting the following immediately before the period at the end of paragraph (2): ", including additional facilities for the nonresident care of elderly individuals and others who are able to live independently but who require care during the day". (b) Section 232(b)(2) of such Act is amended by inserting immediately after "nursing services;" in the first sentence the following: "(3) a 'nursing home' or 'intermediate care facility' may include such "Nursing home" additional facilities as may be authorized by the Secretary for the non- or "intermediate resident care of elderly individuals and others who are able to live care facility." independently but who require care during the day;". CONDOMINIUM MORTGAGE

INSURANCE

SEC. 313. (a) The first sentence of section 234(c) of the National Housing Act is amended by inserting immediately after "less units" in 12 USC 1715y. the proviso of clause (2) the following: ", or twelve or more units in the case of a multifamily project the construction of which was completed more than a year prior to the application for mortgage insurance,". (b) The third sentence of section 234(c) of such Act is amended by inserting "(100 per centum if the mortgagor is a veteran as defined under section 203(b)(2) of this Act)" after "centum" in clause (A)(i). PURCHASE OF F E E SIMPLE TITLE

SEC. 314. Section 240(c)(2) of the National Plousing Act is amended by adding "($30,000, if the property is located in Hawaii)" immediately after "$10,000".

12 USC 1715Z-5.

NATIONAL NEIGHBORHOOD POLICY ACT

SEC. 315. The National Neighborhood Policy Act is amended by striking out "one year" in section 204(c) and inserting in lieu thereof "fifteen months".

42 USC 1441 note.

HOUSING AND URBAN DEVELOPMENT DAT CARE CENTER FACILITIES

SEC. 316. Section T(n) of the Department of Housing and Urban Development Act is amended to read as follows: "(n) Notwithstanding any other provision of law, the Secretary is authorized by contract or otherwise to establish, equip, and operate a day care center facility or facilities, or to assist in establishing, equipping, and operating interagency day care facilities for the purpose of serving children who are members of households of employees of the Department. The Secretary is authorized to establish or provide for the establishment of appropriate fees and charges to be

42 USC 3535.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/820

 92 STAT. 2100

PUBLIC LAW 95-557—OCT. 31, 1978 chargeable against the Department of Housing and Urban Development employees or others who are beneficiaries of services provided by any such day care center. In addition, limited start-up costs may be provided by the Secretary in an amount limited to 3 per centum of the first year's operating budget, but not to exceed $3,500.". SALE OF SURPLUS FEDERAL l A N D FOR HOUSING

40 USC 484b. Federal surplus real property, transfer to Secretary of Housing and Urban Development. 40 USC 471 note.

42 USC 5301 note.

SEC. 317. (a) The first and second sentences of section 414(a) of the Housing and Urban Development Act of 1969 are amended to read as follows: "Notwithstanding the provisions of the Federal Property and Administrative Services Act of 1949, any Federal surplus real property within the meaning of such Act may, in the discretion of the Administrator of General Services, be transferred to the Secretary of Housing and Urban Development at the Secretary's request for sale or lease by the Secretary at its fair value for use in the provision of housing to be occupied predominantly by families or individuals of low and moderate income, assisted under a Federal housing assistance program administered by the Secretary or under a State or local program found by the Secretary to have the same general purpose, and for related public commercial or industrial facilities approved by the Secretary. Prior to any disi^osition of Federal surplus real property to an entity other than a public body, the Secretary shall notify the governing body of the locality where such property is located of the proposed disposition and no such disposition shall be made if the local governing body, within ninety days of such notification, formally advises the Secretary that it objects to the proposed disposition, unless the Secretary determines (1) that the proposed disposition would be consistent with any approved housing assistance and community development plans developed by such body pursuant to the Housing and Community Development Act of 1974, or (2) in cases where such plans are not available, that there is a need for low- and moderateincome housing taking into consideration any applicable State housing plans, and that there is or will be available in the area public facilities and services adequate to serve any housing proposed in conjunction with the proposed disposition.". (b) Subsection (b) of section 414 of such Act is amended to read as follows: "(b) As a condition of any disposition by the Secretary of Federal surplus real property under this section to an entity other than a public body, the Secretary shall obtain such undertakings as the Secretary may consider appropriate to assure that the property will be used, to the maximum practicable extent, in the provision of housing and related facilities to be occupied by families or individuals of low and moderate income for a period of not less than thirty years. If during such period the property is used for any purpose other than the purpose for which it was disposed of, it shall revert to the United States (or, in the case of leased property, the lease shall terminate) unless the Secretary and the Administrator, after the expiration of the first twenty years of such period, have approved the use of the property for such other purposes.". INCREASE I N GOVERNMENT NATIONAL MORTGAGE ASSOCIATION MORTGAGE PURCHASE AUTHORITY AND LIMITS

12 USC 1717.

SEC. 318. (a) The third clause of the proviso in section 302(b)(1) of the National Housing Act is amended by striking "if the original principal obligation thereof exceeds or exceeded $33,000 (or such

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Page:United States Statutes at Large Volume 92 Part 2.djvu/821

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2101

higher amount not in excess of $38,000 as the Secretary may by regulation specify in any geographical area where he finds that cost levels so require), for each family residence or dwelling unit covered by the mortgage (plus an additional $2,500 for each such family residence or dwelling unit which has four or more bedrooms)" and inserting in lieu thereof "if the original principal obligation thereof exceeds or exceeded $55,000 in the case of property upon which is located a dwelling designed principally for a one-family residence; or $60,000 in the case of a two- or three-family residence; or $68,750 in the case of a four-family residence; or, in the case of a property containing more than four dwelling units, $38,000 per dwelling unit (or such higher amount not in excess of $45,000 per dwelling unit as the Secretary may by regulation specify in any geographical area where the Secretary finds that cost levels so require) for that part of the property attributable to dwelling use". (b) Section 305(c) of such Act is amended by striking out "and by 12 USC 1720. $2,000,000,000 on July 1, 1969" and inserting in lieu thereof "by $2,000,000,000 on July 1, 1969, and subject to approval in an appropriation Act, by $500,000,000 on October 1, 1978". NATIONAL INSTITUTE OF BUIIJJING SCIENCES

SEC. 319. Section 809(h) of the Housing and Community Development Act of 1974 is amended by inserting after "1978" the following: 12 USC 1701j~2. ", and any amounts not appropriated in fiscal years 1977 and 1978 may be appropriated in any fiscal year through 1982". TITLE I HOME IMPROVEMENT LOANS FOR M U L T I F A M I L Y DWELLINGS

SEC. 320. The first sentence of section 2(b) of the National Housing Act is amended by striking out "$25,000", "$5,000", and "twelve years" 12 USC 1703. in the third proviso in clause (3) and inserting in lieu thereof "$37,500", "$7,500", and "fifteen years", respectively. AMENDMENTS TO THE FEDERAL H O M E LOAN MORTGAGE CORPORATION ACT

SEC. 321. (a) Paragraph (1) of subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act is amended by insert- 12 USC 1454. ing the following before the period at the end of the first sentence thereof: "or from any mortgagee approved by the Secretary of Housing and Urban Development for participation in any mortgage insurance program under the National Housing Act". 12 USC 1701. (b) Paragraph (1) of subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act is amended by adding at the 12 USC 1454. end thereof the following new sentences: "The Corporation may establish requirements, and impose charges or fees, which may be regarded as elements of pricing, for different classes of sellers or servicers, and for such purposes- the Corporation is authorized to classify sellers or servicers according to type, size, location, assets, or, without limitation on the generality of the foregoing, on such other basis or bases of differentiation as the Corporation may consider necessary or appropriate to effectuate the purposes or provisions of this Act. The Corporation may specify requirements concerning among other things, (A) minimum net worth; (B) supervisory mechanisms; (C) warranty compensation mechanisms; (D) prior approval of facilities; (E) prior origination and servicing experience with respect to different types of mortgages; (F) capital contributions and substitutes; (G) mortgage purchase volume limits; and (H) reduction of mortgage purchases

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Page:United States Statutes at Large Volume 92 Part 2.djvu/822

 92 STAT. 2102

Effective date. 12 USC 1454 note.

PUBLIC LAW 95-557—OCT. 31, 1978 during periods of borrowing. W i t h respect to any particular type of seller, the Corporation shall not be required to make available programs involving prior approval of mortgages, optional delivery of mortgages, and purchase of other than conventional mortgages to an extent greater than the Corporation elects to make such programs available to other types of eligible sellers. Any requirements specified by the Corporation pursuant to the preceding three sentences must bear a rational relationship to the purposes or provisions of this Act, but will not be considered discriminatory solely on the grounds of differential effects on types of eligible sellers. Insofar as is practicable, the Corporation shall make reasonable efforts to encourage participation in its programs by each type of eligible seller.". (c) The amendments made by this section shall become effective at the end of the two hundred and ten calendar days after enactment of this Act, but not before January 31, 1979, or on such earlier date as the Federal H o m e Loan Mortgage Corporation may prescribe. SALE OF ACQUIRED PROPERTY TO COOPERATIVES

12 USC 1715Z-11.

SEC. 322. Section 246 of the National Housing Act is amended to read as follows: "SALE OF ACQUIRED PROPERTY TO COOPERATIVES

,

" SEC. 246. I n any case which the Secretary sells a multifamily housing project acquired as the result of a default on a mortgage which was insured under this Act to a cooperative which will operate it on a nonprofit basis and restrict permanent occupancy of its dwellings to members, or to a nonprofit corporation which operates as a consumer cooperative as defined by the Secretary, the Secretary may accept a purchase money mortgage, or upon application of the mortgagee, insure a mortgage under this section upon such terms and conditions as the Secretary determines are reasonable and appropriate, in a principal amount equal to the value of the property at the time of purchase, which value shall be based upon a mortgage amount on which the debt service can be met from the income of property when operated on a nonprofit basis after payment of all operating expenses, taxes, and required reserves; except that the Secretary may add to the mortgage amount an amount not greater than the amount of prepaid expenses and costs involved in achieving cooperative ownership, or make such other provisions for payment of such expenses and costs as the Secretary deems reasonable and appropriate. P r i o r to such disposition of a project, funds may be expended by the Secretary for necessary repairs and improvements.". SECONDARY MORTGAGES ON INSURED PROPERTIES

12 USC 1731a.

SEC. 323. Title V of the National Housing Act is amended by adding at the end thereof the following new section: u SECONDARY MORTGAGES ON INSURED PROPERTIES

12 USC 1735f-6. 12 USC 1707.

" SEC. 528. I n carrying out the provisions of title II of this Act with respect to insuring mortgages secured by a one- to four-family dwelling unit, the Secretary may not deny such insurance for any such mortgage solely because the dwelling unit which secures such mortgage will be subject to a secondary mortgage or loan made or insured, or other secondary lien held, by any State or local governmental agency or instrumentality under terms and conditions approved by the Secretary.".

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/249

 Rh outwit him, and put an end to his evil practices." After they had travelled some days they came to the place where the cannibal waylaid and pierced the shadows of his victims. It was his custom to stand in the river at a certain place where the road ran close to the water, with a little magic copper-headed spear in his hand, as if he were spearing fish; and when the shadow of the passer-by fell on the water, he would thrust his spear through it, and the person above would immediately fall down dead. He would then take the body home to his wife, who would skin and cook it, and they would afterwards feast together upon it. Thus had they been living for many years, when Benign-face heard of them, and determined to put a stop to their wickedness. Bidding his brothers stay on the top of the hill overlooking the river and await his return, he took a knife and made his way down to the river, a little above where the cannibal-wizard waited for his victims to pass. When he reached the river, he changed himself into a beautifully-marked little trout, and, carrying the knife in his mouth, swam down the stream to where the wizard stood on his one leg in the water. When he came opposite him, he began jumping and frisking about in the water just under his nose. He soon caught the wizard's attention, and induced him, by his beautiful colours and by his movements, to take an interest in him, and presently to spear him. This was the last thing the wizard should have done, for he might not use his magic spear for aught but piercing men's shadows if he would preserve its "medicine" intact. As soon as the spear struck Benign-face he quickly cut the cord that held the spear-head to the shaft, which latter the wizard still retained in his hand by a thong. When the wizard perceived that the magic point was gone, he was greatly agitated, and sought for stones and sticks with which to kill the fish and get back his precious spear-point again. But the more violent his exertions, the muddier the water got, and the less his chance of striking Benign-face, who, taking advantage of the muddy state of the water, hastened back up-stream again to his starting-place. Benign-face now resumed his own form, and, plucking the magic spear-point from his body, threw it far out into the river, so that it might never be found and put to evil purposes again. He then rejoined his brothers and told them what he had done, and that they must now go and visit the wizard's house and complete the punishment he had in store for him. When they came


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Page:United States Statutes at Large Volume 92 Part 2.djvu/823

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2103

LEGISLATIVE REVIEW

SEC. 324. Section 7 of the Department of Housing and Urban Development Act is amended by adding at the end thereof the following new subsection: "(o)(1) Notwithstanding any other provision of law, the Secretary shall transmit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives an agenda of all rules legulations which are under development or review by the Depart ment. Such an agenda shall be transmitted to such Committees within 30 days of the date of enactment of this subsection and at least semiannually thereafter. "(2)(A) Any rule or regulation which is on any agenda submitted under paragraph (1) may not be published for comment prior to or during the first period of 15 calendar days of continuous session of Congress which occurs after the date on which such agenda was transmitted. If within such period, either Committee notifies the Secretary in writing that it intends to review any rule or regulation or portion thereof which appears on the agenda, the Secretary shall submit to both Committees a copy of any such rule or regulation, in the form it is intended to be proposed, at least 15 calendar days of continuous session prior to its being published for comment in the Federal Register. "(B) Any rule or regulation which has not been published for comment before the date of enactment of this subsection and which does not appear on an agenda submitted under paragraph (1) shall be submitted to both such Committees at least 15 calendar days of continuous session of Congress prior to its being published for comment. "(3) No rule or regulation may become effective until after the first period of 20 calendar days of continuous session of Congress which occurs after the day on which such rule or regulation is published as final. If within such 20-day period, either Committee has reported out or been discharged from further consideration of a joint resolution of disapproval or other legislation which is intended to modify or invalidate the rule or regulation or any portion thereof, the rule or regulation or portion thereof so addressed shall not become effective for a period of 90 calendar days from the date of Committee action or discharge unless the House to which such Committee reports has rejected such resolution or legislation, in which case the rule or regulation may go into effect only after the expiration of the 20 calendar days described in the first sentence of this paragraph if the other House does not have such a resolution or legislation pending or adopted, and if the requirements of section 553 of title 5, United States Code, are met. "(4) The provisions of paragraphs (2) and (3) may be waived upon the written request of the Secretary, if agreed to by the Chairmen and Ranking Minority Members of both Committees. "(5) Congressional inaction on any rule or regulation shall not be deemed an expression of approval of the rule or regulation involved. " (6) For purposes of this subsection— "(A) continuity of session is broken only by an adjournment of Congress sine die; "(B) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of calendar days of continuous session of Congress; and "(C) the term 'rule or regulation' does not include the setting of interest rates pursuant to section 3 of Public Law 90-301.".

42 USC 3535. Rules or regulations agenda, transmittal to congressional committees.

Notification,

> Waiver,

"Rule or regulation." 12 USC 1709-L.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/824

 92 STAT. 2104

PUBLIC LAW 95-557—OCT. 31, 1978 INCREASED MORTGAGE CEILINGS FOR MORTGAGE INSURANCE PROGRAMS

12 USC 1715/.

^ SEC. 325. (a) Section 221(d)(3) (ii) of the National Housing Act is amended— (1) by striking out "$16,860", "$18,648", "$22,356", "$28,152", and "$31,884" and inserting in lieu thereof "$21,563", "$24,662", "$29,984", "$38,379", and "$42,756", respectively; and (2) by striking out "$19,680", "$22,356", "$26,496", "$33,120", and "$38,400" and inserting in lieu thereof "$22,692", "$26,012", "$31,631", "$40,919", and "$44,917", respectively. (b) Section 221(d)(4) (ii) of such Act is amended by striking out "$18,450", "$20,625", "$24,630", "$29,640", and "$34,846" in the matter preceding the first semicolon and inserting in lieu thereof "$19,406", "$22,028", "$26,625", "$33,420", and "$37,870", respectively. FHA-INSURED MORTGAGE REFINANCING OF HOSPITALS

12 USC 1715n.

SEC. 326. Section 223(f) of the National Housing Act is amended by— (1) inserting before the period at the end of the first sentence thereof the following: "or the refinancing of existing debt of an existing hospital."; (2) striking out "property" in the second sentence and inserting in lieu thereof "multifamily housing project"; and (3) adding at the end thereof the following new sentence: "In the case of refinancing of an existing hospital the Secretary shall prescribe such terms and conditions as the Secretary deems necessary to assure that— "(A) the refinancing is employed to lower the monthly debt service costs (taking into account any fees or charges connected with such refinancing) of such existing hospital; "(B) the proceeds of any refinancing will be employed only to retire the existing indebtedness and pay the necessary cost of refinancing on such existing hospital; "(C) such existing hospital is economically viable; and "(D) such existing hospital has received such certifications from a State agency designated in accordance with section 604(a) 42 USC 291cl, (1) or section 1521 of the Public Health Service Act for the State 300m. in which the hospital is located as the Secretary deems necessary and appropriate and comparable to the certification required for 12 USC hospitals insured under section 242 of this Act and that such State agency additionally certify that the services being provided by 1715Z-7. such existing hospital at the time of refinancing are appropriate as determined pursuant to section 1523(a)(6) of the Public Health 42 USC 300m-2. Service Act". eongregate Housing Services Act of 1978. 42 USC 8001 note.

TITLE IV—CONGREGATE SERVICES SHORT TITLE

SEC 401. This title may be cited as the "Congregate Housing Services Act of 1978". FINDINGS

42 USC 8001.

S E C 402. The Congress finds that— (1) congregate housing, coordinated with the delivery of supportive services, offers an innovative, proven, and cost-effective means of enabling temporarily disabled or handicapped indi-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/825

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2105

viduals to maintain their dignity and independence and to avoid costly and unnecessary institutionalization; (2) a large and growing number of elderly and handicapped residents of public housing projects and of nonprofit projects for the elderly and handicapped face premature and unnecessary institutionalization because of the absence of or deficiencies in the availability, adequacy, coordination, or delivery of the supportive services required for the successful development of adequate numbers of congregate housing projects; and (3) supplemental supportive services, available on a secure and continuing basis, are essential to a successful congregate housing program. DEFINITIONS

SEC. 403. For the purpose of this title— 42 USC 8002. (1) the term ''congregate housing" means (A) low-rent housing which, as of January 1, 1979, was built or under construction, with which there is connected a central dining facility where wholesome and economical meals can be served to such occupants; or (B) low-rent housing constructed after, but not under construction prior to, January 1, 1979, connected with which there is a central dining facility to provide wholesome and economical meals for such occupants; (2) the term "congregate services programs" means programs to be undertaken by a public housing agency or a nonprofit cor,,.;,,,,^, poration to provide assistance, including personal assistance and nutritional meals, to eligible project residents who, with such assistance, can remain independent and avoid unnecessary institutionalization; ,(3) the term "elderly" means sixty-two years of age or over; (4) the term "eligible project resident" means elderly handicapped individuals, nonelderly handicapped individuals, or temporarily disabled individuals, who are residents of congregate housing projects administered by a public housing agency or by a nonprofit corporation; (5) the term "handicapped" means having an impairment which (A) is expected to be of long-continued and indefinite duration, and (B) substantially impedes an individual's ability to live independently unless the individual receives supportive congregate services; such impairment may include a functional disability or frailty which is a normal consequence of the human aging process; (6) the term "personal assistance" means service provided under this title which may include, but is not limited to, aid given to eligible project residents in grooming, dressing, and other activities which maintain personal appearance and hygiene; (7) the term "professional assessment committee" means a group of at least three persons appointed by a local public housing agency or a nonprofit corporation and shall include qualified medical professionals and other persons professionally competent to appraise the functional abilities of elderly or permanently disabled adult persons, or both, in relation to the performance of the normal tasks of daily living; (8) the term "temporarily disabled" means an impairment which (A) is expected to be of no more than six months' duration, and (B) substantially impedes an individual's ability to live independently unless the individual receives supportive congregate services: and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/826

 92 STAT. 2106

12 USC 1701q.

PUBLIC LAW 95-557—OCT. 31, 1978 (9) the term "nonprofit corporation" means any corporation responsible for a housing project assisted under section 202 of the Housing Act of 1959. AUTHORIZATION TO ENTER INTO CONTRACTS

42 USC 8003. 42 USC 1437 note.

SEC. 404. The Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary") is authorized to enter into contracts with local public housing agencies under the United States Housing Act of 1937 (hereinafter referred to as "public housing agencies") and with nonprofit corporations, utilizing sums appropriated under this title, to provide congregate services programs for eligible project residents in order to promote and encourage maximum independence within a home environment for such residents capable of selfcare with appropriate supportive congregate services. Each contract between the Secretary and a public housing agency or nonprofit corporation shall be for a term of not less than three years or more than five years and shall be renewable at the expiration of such term. Each public housing agency or nonprofit corporation entering into such a contract shall be reserved a sum equal to its total approved contract amount from the moneys authorized and appropriated for the fiscal year in which the notification date of funding approval falls. CONGREGATE SERVICES PROGRAM

42 USC 8004.

SEC. 405. (a) Congregate services programs assisted under this title must include full meal service adequate to meet nutritional needs, and may also include housekeeping aid, personal assistance, and other services essential for maintaining independent living. Nondiscrimination. (b) No services funded under this title may duplicate services which are already affordable, accessible, and sufficiently available on a longterm basis to eligible project residents under programs administered by or receiving appropriations through any department, agency, or instrumentality of the Federal Government or any other public or private department, agency, or organization. Application, (c) A public housing agency or nonprofit corporation applying for consultation, assistance shall consult with the Area Agency on Aging (or, where no Area Agency on Aging exists, with the appropriate State agency under the Older Americans Act of 1965) in determining the means of 42 USC 3001 note. providing services under this title and in identifying alternative available sources of funding for such services. eopy. (d) Prior to the submission of a final application for either new or Review and renewed funding under this title, a public housing agency and a noncomment. profit corporation shall present a copy of a proposed application to the Area Agency on Aging (or, where no Area Agency on Aging exists to the appropriate State agency under the Older Americans Act of 1965) for review and comment. Such agency and nonprofit corporation shall consider such review and comment in the development of any final application for either new or renewed funding under this title. (e)(1) When nonelderly handicapped individuals are included among the eligible project residents, the public housing agency and nonprofit corporation shall consult with the appropriate local agency, if any, designated by applicable State law as having responsibility for the development, provision, or identification of social services to permanently disabled adults, for the purpose of determining the means of providing services under this title and of identifying alternative available sources of funding for such services.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/827

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2107

(2) Such public housing agency and nonprofit corporation shall Copy, also, prior to the submission of a final application for either new or Review and renewed funding under this title, present a copy of the proposed appli- comment, cation to such appropriate local agency for review ana comment. The public housing agency and nonprofit corporation shall consider such review and comment in the development of any final application for either new or renewed funding under this title. (f) Any nonprofit corporation or public housing agency receiving assistance under this title may provide congregate services directly to eligible project residents or may, by contract or lease, provide such services through other appropriate agencies or providers. (g) Nonprofit corporations and public housing agencies receiving assistance for congregate services programs under this title shall be required to maintain the same dollar amount of annual contribution which they were making, if any, in support of the provision of services eligible for assistance under this title before the date of the submission of the application for such assistance unless the Secretary determines that the waiver of this requirement is necessary for the maintenance of ^ adequate levels of services to eligible project residents. If any contract or lease entered into by a public housing agency or nonprofit corporation pursuant to subsection (f) of this section provides for adjustments in payments for services to reflect changes in the cost of living, then the amount of annual contribution required to be maintained by such public agency or nonprofit corporation under the preceding sentence shall be readjusted in the same manner. (h) Each nonprofit corporation and public housing agency shall Fees. establish fees for meal service and other appropriate services provided to eligible project residents. These fees shall be reasonable, may not exceed the cost of providing the service, and shall be calculated on a sliding scale related to income which permits the provision of services to such residents who cannot afford meal and service fees. When meal services are provided to other project residents, fees shall be reasonable and may not exceed the cost of providing the meal service. (i) The Secretary shall establish standards for the provision of Standards, services under this title, and, in developing such service standards, the consultation. Secretary shall consult with the Secretary of the Department of Health, Education, and Welfare and with appropriate organizations representing the elderly and handicapped, as determined by the Secretary. ELIGIBILITY FOR SERVICES

SEC. 406. (a) The identification of project residents eligible to participate in a congregate services program assisted under this title, and the designation of the services appropriate to their individual functional abilities and needs, shall be made by a professional assessment committee. Such committee shall utilize procedures which insure that the process of determining eligibility of individuals for services under this title shall accord such individuals fair treatment and due process and a right of appeal of such determination of eligibility, and shall also assure the confidentiality of personal and medical records. (b) Other residents may participate in a <?ongregate meal service program assisted under this title if the local public housing agency or nonprofit corporation determines that the participation of these individuals will not adversely affect the cost-effectiveness or operation of the program. (c) Any public housing agency or nonprofit corporation receiving assistance under this title shall notify the Secretary of any change in the membership of the professional assessment committee within thirty

42 USC 8005.

Recipients membership change, notification.

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Page:The Folk-Lore Journal Volume 4 1886.djvu/174

166 hast thou?' (Knowed what they come for, you see, afore ever they said a word.) 'Well,' he says, 'why didstna thou come afore? thou'st like to ha' bin too late. Thou hadst ought to a come afore. Howsoever,' he says, 'I'll see what I can do.' So he wrote him a charm. I don't know what it was; but it would very likely be something the same as that you've showed me,' [the old toothache charm about St. Peter!]. And he fastened it up in a bit of green silk, and the boy was to wear it round his neck, just in the centre of his chest, and never to part with it. Every time as he changed his clothes he was to be sure and keep the charm about him—never to part with it. Well, and he got all right and quite hearty after that, only he never durst part with the charm. "Only once he'd been changing his clothes, and he slipped it off somehow. It was in the harvest, and he was leading the waggon. His father was pitching at the top end of the field, and all of a sudden he see the boy making straight for a bit of a dingle at the bottom, and he shouted to him; but he took no notice—it was like as if he was silly. And his father run, and he did but just get to him in time, and a good job as he did, else him and the waggon and horses and all would a been right over the steep side of the dingle. And they couldn't make out whatever ailed the lad; but they took him home, and put him to bed, and when they come to examine him, of course they found as he hadn't got the charm on. So they put it on him again, and he was all right after. He was grown a young man when I knew him; he worked for me twelve years, but he always wore the charm."—(Told, March 25th, 1885, by an old farmer who lived for many years in the country between Hereford and Leominster to C. S. Burne)

"A practice prevails pretty generally in Herefordshire (at least in the district between Hereford and Malvern) and parts of Monmouthshire which is plainly due to the same origin [as the Lancashire Simnels] . . . . . . . 'Mothering Sunday' (as they call it) is there, as in Lancashire, Mid-Lent Sunday; and on that day


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Page:United States Statutes at Large Volume 92 Part 2.djvu/828

 92 STAT. 2108

Procedures.

PUBLIC LAW 95-557—OCT. 31, 1978 days of such change. Such notification shall list the names and professional qualifications of new members of the committee. (d) Procedures shall be established to insure that changes in the membership of the professional assessment committee are consistent with the requirements of section 403(7) of this title. APPLICATION PROCEDURES

42 USC 8006.

Submission deadlines and notification.

Review.

SEC. 407. (a) An application for assistance under this title shall include— (1) a plan specifying the types and priorities of the basic services the public housing agency or nonprofit corporation proposes to provide during the term of the contract; such plan must be related to the needs and characteristics of the eligible project residents and, to the maximum extent practicable, provide for the changing needs and characteristics of all project residents; such plan shall be determined after consultation with eligible project residents and with the professional assessment committee; (2) a list of names and professional qualifications of the members of the professional assessment committee; (3) the fee schedule established pursuant to section 405(h) of this title; (4) any comment received in connection with any review of a proposed application pursuant to section 405(d) or 405(e)(2); and (5) a statement affirming (A) that the nonprofit corporation or public housing agency has followed the consultation procedures required in subsections (c), (d), and (e) of section 405, and (B) that such application complies with subsection (b) of such section. (b) The Secretary shall establish appropriate deadlines for each fiscal year for the submission of applications for funding under this title and shall notify any public housing agency and nonprofit corporation applying for assistance under this title of acceptance or rejection of its application within ninety days of such submission. (c) Within twelve months prior to the submission of an application for renewed funding under this title, each nonprofit corporation and public housing agency shall review the performance, appropriateness, and fee schedules of their congregate services program with eligible project residents and with the professional assessment committee. The results of such review shall be included in any application for renewal and shall be considered in the development of the application for renewal by the nonprofit corporation or public housing agency and in its evaluation by the Secretary. EVALUATION OF APPLICATION AND PROtiRAMS

42 USC 8007.

SEC. 408. (a) In evaluating applications for assistance under this title, the Secretary shall consider— (1) the types and priorities of the basic services proposed to be provided, and the relationship of such proposal to the needs and characteristics of the eligible residents of the projects where the services are to be provided; (2) how quickly services will be established following approval of the application; (3) the degree to which local social services are adequate for the purpose of assisting eligible project residents to maintain independent living and avoid unnecessary institutionalization;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/829

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2109

(4) the professional qualifications of the members of the professional assessment committee; and (5) the reasonableness of fee schedules established for each congregate service. (b) In evaluating programs receiving assistance under this title, the Secretary shall— (1) establish procedures for the review and evaluation of the Procedures performance of nonprofit corporations and public housing agencies receiving assistance under this title, including provisions for the submission of an annual report, by each such nonprofit corporation and public housing agency, which evaluates the impact and effectiveness of its congregate services program; and (2) publish annually and submit to the Congress, a report on Report, annual and evaluation of the impact and effectiveness of congregate serv- publication and ices programs assisted under this title. Such report and evaluation submittal to shall be based, in part, on the evaluations required to be sub- Congress. mitted pursuant to paragraph (1). FUNDING PROCEDURES

SEC. 409. (a) The Secretary shall establish procedures— (1) to assure timely payments to nonprofit corporations and public housing agencies for approved assisted congregate services programs with provision made for advance funding sufficient to meet necessary startup costs; (2) to permit reallocation of funds approved for the establishment of congregate services in existing public housing projects and projects assisted under section 202 of the Housing Act of 1959 if the services are not established within six months of the notification date of funding approval; (3) to assure that where such funding has been approved for the establishment of congregate services for public housing projects and projects assisted under section 202 of the Housing Act of 1959 under construction or approved for construction, these services shall be in place at the start of the project's occupancy by tenants requiring such services for maintaining independent living; (4) to establish accounting and other standards in order to prevent any fraudulent or inappropriate use of funds under this title; and (5) to assure that no more than 1 per centum of the funds appropriated under this title for any fiscal year may be used by public housing agencies and nonprofit corporations for evaluative purposes as required by section 408(b)(1). (b) The Secretary shall establish a reserve fund, not to exceed 10 per centum of the funds appropriated in each fiscal year for the provision of services under this title, in order to supplement grants awarded to public housing agencies and nonprofit corporations under this title when, in the determination of the Secretary, such supplemental adjustments are required to maintain adequate levels of services to eligible project residents. MISCELLANEOUS

42 USC 8008.

12 USC 1701q.

Reserve fund, establishment,

PROVISIONS

SEC. 410. (a) Each public housing agency and nonprofit corporation 42 USC 8009. shall, to the maximum extent practicable, utilize elderly and permanently disabled adult persons who are residents of public housing projects or projects assisted under section 202 of the Housing Act of 1959, but who are not eligible project residents, to participate in pro-

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 92 STAT. 2110

29 USC 201. 29 USC 206. 29 USC 213.

12 USC 1701q.

Regulations.

PUBLIC LAW 95-557—OCT. 31, 1978 viding the services assisted under this title. Such persons shall be paid wages which shall not be lower than whichever is the highest of— (1) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a)(1) of such Act applied to the resident and if he or she were not exempt under section 13 thereof; (2) the State or local minimum wage for the most nearly comparable covered employment; or (3) the prevailing rates of pay for persons employed in similar public occupations by the same employer. (b) No service provided to a public housing resident or to a resident of a housing project assisted under section 202 of the Housing Act of 1959 under this title, except for wages paid under subsection (a) of this section, may be treated as income for the purpose of any other program or provision of State or Federal law. (c) Individuals receiving services assisted under this title shall be deemed to be residents of their own households, and not to be residents of a public institution, for the purpose of any other program or provision of State or Federal law. (d) The Secretary may issue regulations to carry out the provisions of this title. AUTHORIZATION OP APPR0PRIATI0K8

42 USC 8010.

SEC. 411. (a) To carry out the provisions of this title, there are authorized to be appropriated— (1) for fiscal year 1979, not to exceed $20,000,000; (2) for fiscal year 1980, not to exceed $25,000,000; (3) for fiscal year 1981, not to exceed $35,000,000; and (4) for fiscal year 1982, not to exceed $40,000,000. (b) Sums appropriated pursuant to this section shall remain available until expended. AMENDMENT TO THE UNITED STATES HOUSING ACT OF 1937

"Congregate housing." 42 USC 1437e.

Ante, p. 2104.

SEC. 412. Section 7 of the United States Housing Act of 1937 is amended by striking out the second sentence and inserting in lieu thereof the following: "As used in this section, the term 'congregate housing' means (1) low-rent housing which, as of January 1, 1979, was built or under construction, with which there is connected a central dining facility where wholesome and economical meals can be served to such occupants; or (2) low-rent housing constructed after, but not under construction grior to, January 1, 1979, connected with which there is a central dining facility to provide wholesome and economical meals for such occupants. Such occupants of congregate housing ma,y also be provided with other supportive services appropriate to their needs under title IV of the Housing and Community Development Amendments of 1978.". TITLE V—RURAL HOUSING AUTHORIZATIONS

42 USC 1483.

SEC. 501. (a) Section 513(b) of the Housing Act of 1949 is amended by inserting after "October 31, 1978" the following:", and not to exceed $48,000,000 for the fiscal year ending September 30, 1979". (b) Section 513(c) of such Act is amended by inserting before the semicolon at the end thereof the following: ", and not to exceed $38,000,000 for the fiscal year ending September 30, 1979".

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 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2111

(c) Section 513 of such Act is amended by striking out clause (d) and inserting in lieu thereof the following: "(d) not to exceed $10,000,000 for research and study programs pursuant to subsections (b), (c), and (d) of section 506 for the fiscal year ending September 30 1979 •". (d) Section 514 of such Act is amended by striking out "$25,000,000" in subsection (d) and inserting in lieu thereof "$38,000,000 (subject to approval in an appropriation Act)". (e) Section 515(b)(5) of such Act is amended by striking out "October 31, 1978" and inserting in lieu thereof "September 30, 1979". (f) Section 517(a)(1) of such Act is amended by striking out "October 31, 1978" and inserting in lieu thereof "September 30, 1979". (g) Section 523(f) of such Act is amended— (1) by striking out "November 1, 1978" and inserting in lieu thereof "October 1, 1979"; (2) by striking out "October 31, 1978" and inserting in lieu thereof "September 30, 1979"; and (3) by striking out "$10,000,000" and inserting in lieu thereof "$16,500,000". (h) Section 523(g) of such Act is amended by inserting before the period at the end of the first sentence the following: ", and not to exceed $3,000,000 for the fiscal year ending September 30, 1979". (i) Section 525(c) of such Act is amended by inserting after the first sentence the following new sentence: "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) and not to exceed $5,000,000 for the purposes of subsection (b).".

^^ USC 1483.

42 USC 1484. 42 USC 1485. 42 USC 1487. 42 USC 1490c. ^

42 USC 1490e.

RURAL HOUSING RESEARCH

SEC. 502. (a) Subsection (b) of section 506 of the Housing Act of 1949 is amended to read as follows: "(b) The Secretary is further authorized and directed 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 section 2 of this Act. 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, migrant and seasonal farmworkers, Indians and other identifiable groups with special needs. The Secretary shall conduct such activities for the purposes of stimulating construction and improving the architectural design and utility of dwellings and buildings.". (b) Section 506 of such Act is amended by adding the following new subsection at the end thereof: "(f)(1) The Secretary shall conduct a study of housing which is available for migrant and settled 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 assessed 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 availability and the condition of such housing units; and "(C) determine the possible roles which individual farmworkers, farmworker associations, individual farmers, farmer

Buildings and repairs. 42 USC 1476. 42 USC 1441

Study,

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 92 STAT. 2112

Results to House and Senate.

PUBLIC LAW 95-557—OCT. 31, 1978 associations, and public and private nonprofit agencies can perform 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 the date of the enactment of this subsection.". APPEALS PROCEDURES

Rules and regulations. 42 USC 1480.

SEC. 503. Section 510 of the Housing Act of 1949 is amended by redesignating paragraphs (g), (h), and (i) as paragraphs (h), (i), and (j), respectively, and by inserting the following new paragraph after paragraph (f): "(g) issue rules and regulations which assure that applicants denied {issistance under this title or persons or organizations whose assistance under this title is being substantially reduced or terminated are given written notice of the reasons for denial, reduction or termination and are provided at least an opportunity to appeal an adverse decision and to present additional information relevant to that decision to a person, other than the person making the original determination, who has authority to reverse the decision;". DOMESTIC FARM LABOR HOUSING

Waiver. 42 USC 1484. 42 USC 1471.

42 USC 1481.

SEC. 504. Section 514 of the Housing Act of 1949 is amended by adding at the end thereof the following: "(g) The Secretary may waive the interest rate limitation contained in subsection (a)(2) and the requirement of section 501(c)(3) in any case in which the Secretary determines that qualified public or private nonprofit sponsors are not currently available and are not likely to become available within a reasonable period of time and such waiver is necessary to permit farmers to provide housing and related facilities for migrant domestic farm laborers, except that the benefits resulting from such waiver shall accrue to the tenants, and the interest rate on a loan insured under this section and for which the Secretary permits such waiver shall be no less than one-eighth of 1 per centvmi above the average interest rate on notes or other obligations which are issued under section 511 and have maturities comparable to such a loan.". SPONSORS PRIORITY

42 USC 1486.

SEC. 505. Section 516(e) of the Housing Act of 1949 is amended by adding at the end thereof the following: "The Secretary shall not give priority for funding under this section to any one of the groups listed in subsection (a) over any of the others so listed.". ASSISTANCE TO PERSONS RECEIVING LOANS TO PROVIDE OCCUPANT-OWNED, RENTAL, AND COOPERATIVE HOUSING

42 USC 1490a.

SEC. 506. (a) Section 521(a)(1) of the Housing Act of 1949 is amended— (1) by inserting " (A) " after "SEC. 521. (a)(1) "; (2) by striking out everything in the first sentence after "oneeighth of 1 per centum" and inserting in lieu thereof a period; and (3) by inserting the following at the end thereof: "(B) From the interest rate so determined, the Secretary may provide the borrower with assistance in the form of credits so as to reduce the effective interest rate to a rate not less than 1 per centum per

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 PUBLIC LAW 95-557—OCT. 31, 1978 annum for such periods of time as the Secretary may determine for applicants described in subparagraph (A) if without such assistance such applicants could not afford the dwelling or make payments on the indebtedness of the rental or cooperative housing. "(C) For persons of low income under section 502 or 517(a) who the Secretary determines are unable to afford a dwelling with the assistance provided under subparagraph (B) and when the Secretary determines that assisted rental housing programs (as authorized under this title, the National Housing Act, and the United States Housing Act of 1937) would be unsuitable in the area in which such persons reside, the Secretary may provide additional assistance, pursuant to amounts approved in appropriation Acts and for such periods of time as the Secretary may determine, which may be in an amount not to exceed the difference between (i) the amount determined by the Secretary to be necessary to pay the principal indebtedness, interest, taxes, insurance, utilities, and maintenance, and (ii) 25 per centum of the income of such applicant. "(D) With respect to borrowers under section 502 or 517(a) who have received assistance under subparagraph (B) or (C), the Secretary shall provide for the recapture of all or a portion of such assistance rendered upon the disposition or nonoccupancy of the property by the borrower. In providing for such recapture, the Secretary shall make provisions to provide incentives for the borrower to maintain the property in a marketable condition. Notwithstanding any other provision of law, any such assistance whenever rendered shall constitute a debt secured by the security instruments given by the borrower to the Secretary to the extent that the Secretary may provide for recapture of such assistance. " (E) Except for Federal or State laws relating to taxation, the assistance rendered to any borrower under subparagraphs (B) and (C) shall not be considered to be income or resources for any purpose under any Federal or State laws including, but not limited to, laws relating to welfare and public assistance programs. " (F) Loans subject to the interest rates and assistance provided under this paragraph (1) may be made only when the Secretary determines the needs of the appplicant for necessary housing cannot be met with financial assistance from other sources including assistance under the National Housing Act and the United States Housing Act of 1937. "(G) Interest on loans under section 502 or 517(a) to victims of a natural disaster shall not exceed the rate which would be applicable to such loans under section 502 without regard to this section. " (H) The aggregate principal amount of loans made to borrowers receiving assistance pursuant to subparagraph (C) shall not exceed $440,000,000.". (b) Section 517(j) of such Act is amended by striking out " (2) " in paragraph (4).

92 STAT. 2113

42 USC 1472, 1487.

12 USC 1701. 42 USC 1437 note.

Recapture,

Maintenance incentives.

42 USC 1487.

RTJRAL RENTAL ASSISTANCE

SEC. 507. Section 521(a)(2)(A) of the Housing Act of 1949 is 42 USC 1490a. amended— (1) by striking out "the owners" in the first sentence and inserting in lieu thereof "public and private nonprofit owners"; (2) by inserting "congregate, or cooperative" after "rental" the second time it appears in the first sentence; and

39-194 O—80—pt. 2

53: QL3

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 92 STAT. 2114

PUBLIC LAW 95-557—OCT. 31, 1978 (3) by inserting ", by a loan under section 514," immediately after "section 515 for elderly or handicapped housing" in clause (i) of the second sentence. STUDY o r EMERGENCY POTABLE WATER AND SEWAGE PROGRAM

42 USC 1476 note.

Report to Congress.

SEC. 508. (a) The Secretary of Agriculture shall— (1) carry out a study to determine the approximate number of rural housing units without access to sanitary toilet facilities, potable water, or access to both sanitary toilet facilities and potable water, as defined under regulations established by the Secretary; and (2) prepare a projection of the cost of implementing an emergency program to provide sanitary toilet facilities and potable water supplies for all such housing units over a two-year period. (b) Not later than six months after the date of enactment of this Act, the Secretary of Agriculture shall report to the Congress the results of the study and projection under subsection (a). STUDY OF PROBLEMS CAUSED BY REMOTE CLAIMS

42 USC 1480 note.

Reports to Congress.

tive recommendations.

SEC. 509. (a) The Secretary of Agriculture (hereafter referred to in this section as "Secretary") shall make a detailed study of the problems associated with obtaining title insurance by persons in rural areas with respect to real property encumbered by remote claims or other remote encumbrances which prevent such persons from receiving the full benefit of the use of such property, including the benefit of assistance provided under this title. The Secretary shall, in making such study, consider and develop findings and conclusions with respect to— (1) the extent of such problems as they pertain to the lawful rights of such persons; (2) the location and amount of land affected by such problems; (3) the nature, extent, and effectiveness of remedies to such problems presently available, or proposed, under State law; (4) the potential impact (with respect to existing Federal, State, and local laws) of such remote claims and encumbrances and of any reasonable remedies determined necessary for resolving the problems created for persons by such remote claims or encumbrances; (5) the liability and losses which might accrue to the Federal Government as a result of each of the remedies considered in the study conducted under this section; and (6) other issues which the Secretary determines shall be considered, after consulting with the Secretary of Housing and Urban Development. (b) Not later than March 1, 1979, the Secretary shall transmit to the Congress an interim report on the study conducted under this section. In addition, the Secretary shall, not later than one year after the date of the enactment of this Act, transmit a final report to the Congress. Such final report shall contain the findings and conclusions of the Secretary with respect to the study made under this section. In addition, such final report shall include— (1) recommendations for Federal legislative actions necessary to implement reasonable remedies to the problems studied under this section; and (2) recommendations for legislative actions which may be undertaken by State and local governments for the purposes of providing such remedies.

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 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2115

TITLE VI—NEIGHBORHOOD REINVESTMENT CORPORATION

Neighborhood Reinvestment Corporation Act.

SHORT TITLE

SEC. 601. This title may be cited as the "Neighborhood Reinvestment 42 USC 8101 Corporation Act". °ot«FINDINGS AND PURPOSE

SEC. 602. (a) The Congress finds that— (1) the neighborhood housing services demonstration of the Urban Reinvestment Task Force has proven its worth as a successful program to revitalize older urban neighborhoods by mobilizing public, private, and community resources at the neighborhood level; and (2) the demand for neighborhood housing services programs in cities throughout the United States warrants the creation of a public corporation tx) institutionalize and expand the neighborhood housing services program and other programs of the present Urban Reinvestment Task Force. (b) The purpose of this title is to establish a public corporation which will continue the joint efforts of the Federal financial supervisory agencies and the Department of Housing and Urban Development to promote reinvestment in older neighborhoods by local financial institutions working cooperatively with community people and local government, and which will continue the nonbureaucratic approach of the Urban Reinvestment Task Force, relying largely on local initiative for the specific design of local programs.

42 USC 8101.

ESTABLISHMENT OF CORPORATION

i <

SEC. 603. (a) There is established a National Neighborhood Rein- 42 USC 8102. vestment Corporation (hereinafter referred to as the "corporation") which shall be a body corporate and shall possess the powers, and shall be subject to the direction and limitations specified herein. (b) The corporation shall implement and expand the demonstration Duties, activities carried oiit by the Urban Reinvestment Task Force. (c) The corporation shall maintain its principal office in the District Offices, of Columbia or at such other place the corporation may from time to time prescribe. (d) The corporation, including its franchise, activities, assets, and income, shall be exempt from all taxation now or hereafter imposed by the United States, by any territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority, except that any real property of the corporation shall be subject to State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed. BOARD OF D I R E C TO R S;

ESTABLISHMENT

SEC. 604. (a) The corporation shall be under the direction of a board of directors made uj) of the following members: (1) the Chairman of the Federal Home Loan Bank Board; (2) the Secretary of Housing and Urban Development; (3) a member of the Board of Governors of the Federal Reserve System, to be designated by the Chairman of the Board of Governors of the Federal Reserve System;

Membership. 42 USC 8103.

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 92 STAT. 2116

PUBLIC LAW 95-557—OCT. 31, 1978

(4) the Chairman of the Federal Deposit Insurance Corporation; (5) the Comptroller of the Currency; and (6) the Administrator of the National Credit Union J, Administration. Chairman. (b) The Board shall elect from among its members a chairman who shall serve for a term of two years, except that the Chairman of the Federal Home Loan Bank Board shall serve as Chairman of the Board ,. ^;• of Directors for the first such two-year term. (c) Each director of the corporation shall serve ex officio during the period he holds the office to which he is appointed by the President. Compensation (d) The directors of the corporation, as full-time officers of the and expenses. United States, shall serve without additional compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as directors of the corporation. (e) The directors of the corporation shall adopt such bylaws, policies, and administrative provisions as are necessary to the functioning of the corporation and consistent with the provisions of this title. Quorum. (f) The presence of a majority of the board members shall constitute a quorum. (g) The corporation shall be subject to the provisions of section 552 of title 5, United States Code. (h) All meetings of the board of directors will be conducted in accordance with the provisions of section 552b of title 5, United States Code. OFFICERS AND EMPLOYEES

42 USC 8104.

SEC. 605. (a) The board shall have power to select, employ, and fix the compensation and benefits of such officers, employees, attorneys, and agents as shall be necessary for the performance of its duties under this title, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, classification, and General Scnedule pay rates, except that no officer, employee, attorney, or agent of the corporation may be paid compensation at a rate in excess of the highest rate provided for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (b) The directors of the corporation shall appoint an executive director who shall serve as chief executive officer of the corporation. (c) The executive director of the corporation, subject to approval by the board, may appoint and remove such employees of the corporation as he determines necessary to carry out the purposes of the corporation. (d) No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the corporation or of any recipient, or in selecting or monitoring any grantee, contractor, or person or entity receiving financial assistance under this title. (e) Officers and employees of the corporation shall not be considered officers or employees of the United States, and the corporation shall not be considered a department, agency, or instrumentality of the Federal Government. The corporation shall be subject to administrative and cost standards issued by the Office of Management and Budget similar to standards applicable to non-profit grantees and educational institutions. .:•..., -;v5.<-w- .i.-^-.'!-".•»,.,.....;....,,,

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