text:
Page:United States Statutes at Large Volume 78.djvu/809

 78 STAT.]

PUBLIC LAW 88-558-AUG. 31, 1964

767

Public Law 88-558 AN ACT To provide for the settlement of claims against the United States by members of the uniformed services and civilian oflScers and employees of the United States for damage to, or loss of, personal property incident to their service, and for other purposes.

August 31, 1964 [H. R. 6910]

Be it enacted by the Senate and House of Representatives of the Military P e r s o United States of America in Congress assembled,• _,^, this Act may nel and Civiliann That > ^^.... ,,^,. Ko niforl as fVio "IVfi 1 ifor>i7 P a r e m r n o l a n r l (nix'-ilinn T^,mr»lnvpp.«j' r ^ l f i i m s be cited ao the Mihtary Personnel and Civihan Employees' Claims Employees" Act of 1964" Claims Act of 1964. SEC. 2. As used in this Act— (1) "agency" includes an executive department, independent Definitions. establishment, or corporation primarily acting as an instrumentality of the United States, but does not include any contractor with the United States; (2) "uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service; and (3) "settle" means consider, ascertain, adjust, determine, and dispose of any claim, whether by full or partial allowance or disallowance. SEC. 3. (a) Under such regulations as the head of an agency may Limitation. prescribe, he or his designee may settle and pay a claim arising after the effective date of this Act against the United States for not more than $6,500 made by a member of the uniformed services under the jurisdiction of that agency or by a civilian officer or employee of that agency, for damage to, or loss of, personal property incident to his service. If the claim is substantiated and the possession of that property is determined to be reasonable, useful, or proper under the circumstances, the claim may be paid or the property replaced in kind. This subsection does not apply to claims settled before its enactment. (b) If a person named in subsection (a) is dead, the head of the D e c e a s e d peragency concerned, or his designee, may settle and pay any claim made by the decedent's surviving (1) spouse, (2) children, (3) father or mother, or both, or (4) brothers or sisters, or both, that arose before, concurrently with, or after the decedent's death and is otherwise covered by subsection (a). Claims of survivors shall be settled and l)aid in the order named. (c) A claim may be allowed under subsection (a) for damage to, or Conditions. loss of, property only if— (1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or in time of armed conflict in which any armed force of the United States is engaged or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after that cause ceases to exist, or two years after the war or armed conflict is terminated, whichever is earlier; (2) it did not occur at quarters occupied by the claimant within the fifty States or the District of Columbia that were not assigned to him or otherwise provided in kind by the United States; or (3) it was not caused wholly or partly by the negligent or wrongful act of the claimant, his agent, or his employee. (d) For the purposes of subsection (c)(1), the dates of beginning and ending of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President. Report (e) The head of each agency shall report once a year to Congress C o n g r e s s.to on claims settled under this section during the period covered by the

�


text:
Page:United States Statutes at Large Volume 78.djvu/810

 768

PUBLIC LAW 88-559-SEPT. 1, 1964

[78 STAT.

report. The report shall include for each claim the name of the claimant, the amount claimed, and the amount paid. SEC. 4. Notwithstanding any other provision of law, the settlement of a claim under this Act is final and conclusive. ^^10^ use 2731SEC. 5. Chapter 163 of title 10, United States Code, is amended, effective two years from the date of this Act, as follows: 70A Stat. 155. (^^ Section 2735 is amended by striking out the figure "2732," and the comma after the figure "2733". (2) The analysis is amended by striking out the following item: "2732. Property loss: incident to service; members of Army, Navy, Air Force, or Marine Corps and civilian employees." Repeals. (3) Section 2732 Is repealed. SEC. 6. Section 2 of the Act of June 7, 1956, chapter 376 (70 Stat. 255), is repealed. 14 USC 461-511. gjjc^ 7^ Chapter 13 of title 14, United States Code, is amended, effective two years from the date of this Act, as follows: (1) The analysis is amended by striking out the following item: "490. Settlement of claims of military and civilian personnel." 63 Stat. 534; /£) Section 490 Is repealed. 72 Stat. 832.

\ '

^

Approved August 31, 1964. Public Law 88-559 September 1, 1964

AN ACT

^^' ^^^^1

To provide for the disposition of the judgment funds on deposit to the credit of the Northern Cheyenne Tribe of the Tongue River Indian Reservation, Montana.

N'^^H"''

enn°e'Tribe. ^^"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the unexpeuded balance of funds on deposit in the Treasury of the United States to the credit of the Northern Cheyenne Tribe of Indians of the Tongue River Reservation in the State of Montana that were appropriated by the Act of January 6, 1964 (77 Stat. 857), to pay a judgment by the Indian Claims Commission in docket 329-C, and the interest thereon, after payment of litigation costs, may be advanced or expended for any purpose that will improve the economic and social conditions of the members of the tribe and is authorized by the tribal governing body thereof and approved by the Secretary of the Interior: Provided, That no more than $100 per capita shall be distributed in unsupervised payments. Any part of such funds that is distributed per capita to the members of the tribe shall not be subject to the Federal or State income tax. Approved September 1, 1964.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 78.djvu/811

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1%4

769

Public Law 88-560 AN ACT

September 2, 1964

To extend and amend laws relating to housing, urban renewal, and community facilities, and for other purposes.

[s. 3049]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may jg"°"*'"^ """"^ °^ be cited as the "Housing Act of 1964". TITLE I — AMENDMENTS TO THE N A T I O N A L H O U S I N G ACT TIME LIMIT

ON

FIIA

RECOUPMENT

OF TITI.E

I

INSURANCE

PAYMENTS

SEC. 101. Section 2(g) of the National Housing Act is amended by striking out "after December 31, 1957,". MORTGAGE L I M I T S FOR H O M E S UNDER SECTION

71 Stat. 297. 12 USC 1703.

2 0 3 PROGRAMS

SEC. 102. (a) Section 203(b)(2) of the National Housing Act is amended by striking out "$25,000", "$27,500", "$27,500", and "$35,000" and inserting in lieu thereof "$30,000", "$32,500", "$32,500", and "$37,500", respectively. (b) Section 203(i) of such Act is amended by striking out "$9,000" and inserting in lieu thereof "$11,000". H O M E IMPROVEMENT LOANS OUTSIDE OF U R B A N R E N E W A L

12 USC 1709.

AREAS

SEC. 103. Section 203(k) of the National Housing Act is amended by— (1) striking out in clause (2) "economically sound" and inserting in lieu thereof "an acceptable risk"; (2) striking out clause (4) and inserting in lieu thereof the following: "(4) insurance benefits shall be paid in cash out of the Section 203 Home Improvement Account or in debentures executed in the name of such Account"; and (3) striking out in the third sentence "Debentures issued with respect to loans insured under this subsection shall be issued" and inserting in lieu thereof "Insurance benefits paid with respect to loans insured under this subsection shall be paid".

75 Stat. 157. 12 USC 1709.

ADDITIONAL R E L I E F FOR H O M E MORTGAGORS I N D E F A U L T DUE TO C I R C U M S T A N C E S BEYOND THE I R CONTROL

SEC. 104. (a) Section 204(a) of the National Housing Act is amended by striking out the fourth proviso and inserting in lieu thereof the following: ": And provided further, That with respect to any mortgage covering a one-, two-, three-, or four-family residence insured under this Act, if the Commissioner finds, after notice of default, that the default was due to circumstances beyond the control of the mortgagor, he may, upon such terms and conditions as he may prescribe, (1) approve the request of the mortgagee for an extension of the time for the curing of the default and ot the time for commencing foreclosure proceedings or for otherwise acquiring title to the mortgaged property to such time as the Commissioner may determine is necessary and desirable to enable the mortgagor to complete the mortgage payments, including an extension of time beyond the stated maturity of the mortgage, and in the event of a subsequent foreclosure or acquisition of me property by other means the Commissioner is authorized to include in the debentures an

13 USC mo

�


text:
Page:United States Statutes at Large Volume 78.djvu/812

 770

12 USC m^5u

PUBLIC LAW 88-560-SEPT. 2, 1964

[78 STAT.

iimount wiual to any iinimid mortgage iuteiest, or (2) approve a iiioditication of the ternis of the mortgage for the purpose of (•hanging the amortization provisions by recasting, over the remaining term of the mortgage or over such longer period as may be approved by the Commissioner, the total unpaid amount then due, as determined by the Commissioner, with the modification to become effective currently or to become effective upon the termination of an agreed-upon extension of the period for curing the default; and the principal amount of the mortgage, as modified, shall be considered to pe the 'original principal obligation of the mortgage' as that term is nsed in this Act for the purpose of computing the total face value of the debentures to be issued or the cash payment to be made by the (Commissioner to a mortgagee". ^^^ Section 280 of such Act is amended by striking out the first sentence and inserting in lieu thereof the following: "Upon receiving notice of the default of any mortgage coverin|r a one-, two-, three-, or four-family residence heretofore or hereafter insured under this Act, the Commissioner, in his discretion and for the purpose of avoiding foreclosure of the mortgage, and notwithstanding the fact that he has previously approved a request of the mortgagee for an extension of the time for curing the default and of the time for commencing foreclosure proceedings or for otherwise acquiring title to the mortgaged property, or has approved a modification of the mortgage for the purpose of changing the amortization provisions by recasting the unpaid balance, may acquire the loan and security therefor upon payment of the insurance benefits in an amount equal to the impaid principal balance of the loan plus any unpaid mortgage interest plus reimbursement for such costs and attorney's fees as the Commissioner finds were properly incurred in connection with the defaulted mortgage and its assignment to the Commissioner, and for any proper advances theretofore made by the mortgagee under the provisions of the mortgage. After the acquisition of such mortgage by the Commissionei', the mortgagee shall have no further rights, liabilities, or obligations with respect thereto." <HAN<;KIS I N F H A I N I S I H A N C E B E N E F I T S A N D siMPLiFK A T I O N O F

PAYMENT PROCEDURES

12 USC 1710.

SEC. 10.5. (a) Section 204 of the National Housing Act is amended by— (1) striking out in the third sentence of subsection (a) the words "insurance on the mortgaged property, and any mortgage insurance premiums paid after either of such dates" and inserting in lieu thereof the following: "charges for the administration, operation, maintenance and repair of community-owned property or the maintenance and repair of the mortgaged property, the obligation for which arises out of a covenant filed for record and approved by the Commissioner prior to the insurance of the mortgage, insurance on the mortgaged property, and any mortgage insurance premiums"; (2) inserting after the colon following the second proviso of subsection (a) two additional provisos as follows: " ^ n ^ provided further, That with respect to a mortgage accepted for insurance pursuant to a commitment issued on or after the date of enactment of the Housing Act of 1964, the Commissioner may include in debentures or in the cash payment an amount not to exceed the foreclosure, acquisition, and conveyance costs actually paid by the mortgagee and approved by the Commissioner: And provided further, That wnth respect to a mortgage accepted for insurance pursuant to a commitment issued prior to the date of enactment

�


text:
Page:United States Statutes at Large Volume 78.djvu/813

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

771

of the Housing Act of 1964, the Commissioner may, with the consent of the mortgagee (in lieu of issuing a certificate of claim as provided in subsection (e)), include in debentures or in the cash payment, in addition to amounts otherwise allowed for such costs, an amount not to exceed one-third of the total foreclosure, acquisition, and conveyance costs actually paid by the mortgagee and approved by the Commissioner, but in no event may the total allowance for such costs exceed the amount actually paid by the mortgagee:"; (3) striking out "and the payment of insurance premiums" in ^^ ^^^ '^^'°the third proviso in subsection (a) (as numbered prior to the amendment made by paragraph (2)), and by inserting before the colon at the end of such proviso the following: ": And provided further, That where the claim is paid in cash there shall be included in the cash payment an amount equivalent to the compensation for loss of debenture interest that would be included in computing debentures if such claim were being paid in debentures"'; (4^ striking out "$50" in the second sentence of subsection (c) and inserting in lieu thereof "$850"; (5) striking out in the second sentence of subsection (d) ", ex- ^^ ^*^*- '^°' cept that debentures issued pursuant to the provisions of section 220(f), section 221(g), and section 233 may be dated as of the 17^5/^^171^^''' date the mortgage is assigned (or the property is conveyed) to the Commissioner, and" and inserting in lieu thereof ": Provided, That debentures issued pursuant to claims for insurance filed on or after the date of enactment of the Housing Act of 1964 shall be dated as of the date of default or as of such later date as the Commissioner, in his discretion, may establish by regulation. The debentures"; (6)(A) inserting " (1) " after " (e) " in subsection (e); striking ^2 st^au u.^ out "The certificate" in such subsection and inserting in lieu thereof "Subject to paragraph (2), the certificate"; and adding at the end of such subsection a new paragraph as follows: "(2) A certificate of claim shall not be issued and the provisions of paragraph (1) of this subsection shall not be applicable in the case of a mortgage accepted for insurance pursuant to a commitment issued on or after the date of enactment of the Housing Act of 1964."; (B) striking out "and a certificate of claim" in the second sentence of subsection (a) and inserting in lieu thereof "and (subject to subsection (e)(2)) a certificate of claim"; (7) striking out the first paragraph of subsection (f) and inserting in lieu thereof the following: " (f)(1) If, after deducting (in such manner and amount as the Commissioner shall determine to be equitable and in accordance with sound accounting practice) the expenses incurred by the Commissioner, the net amount realized from any property conveyed to the Commissioner under this section and the claims assigned therewith exceed the face value of the debentures issued and the cash paid in exchange for such property plus all interest paid on such debentures, such excess shall be divided as follows:"; (8) redesignating the second paragraph of subsection (f) as paragraph (i), and striking out "207; and" at the end of the paragraph and inserting in lieu thereof the following: "207: Provided, That on and after the date of enactment of the Housing Act of 1964, any excess remaining after payment to the holder of the full amount of the certificate of claim, together with the accrued interest increment thereon, shall be retained by

�


text:
Page:United States Statutes at Large Volume 78.djvu/814

 772

52 Stat. 14. 12 USC 1710.

12 USC f42^6 note.

12 USC 1713.

12 USC 1709, 1715k, L715X.

12 USC m^5Z

55 Stat. 58. 12 USC 1739.

PUBLIC LAW 88-560-SEPT. 2, 1964

[78 STAT.

the Commissioner and credited to the applicable insurance fund; and"; (9) redesignating the third paragraph of subsection (f) as paragraph ( i i); (10) designating the last paragraph of subsection (f) as paragraph (2) and inserting the following before the period at the end thereof: ": Provided, That the settlement authority created ^y ^^^ Housing Amendments of 1955 shall be terminated with respect to any certificates of claim outstanding as of the date of enactment of the Housing Act of 1964"; and (11) inserting at the end of subsection (f) a new paragraph as follows: "(3) With the consent of the holder thereof, the Commissioner is authorized, without awaiting the final liquidation of the Commissioner's interest in the property, to settle any certificate of claim issued pursuant to subsection (e), with respect to which settlement had not been effected prior to the date of enactment of the Housing Act of 1964, by making payment in cash to the holder thereof of such amount not exceeding the face amount of the certificate of claim, together with the accrued interest thereon, as the Commissioner may consider appropriate: Provided, That in any case where the certificate of claim is settled in accordance with the provisions of this paragraph, any amounts realized after the date of enactment of the Housing Act of 1964, in the liquidation of the Commissioner's interest in the property, shall be retained by the Commissioner and credited to the applicable insurance fund." J^^ Section 207(g) of such Act is amended by adding at the end thereof the following: "Notwithstanding any other provision of this Act, upon receipt, after the date of enactment of the Housing Act of 1964, of an application for insurance benefits on a mortgage insured under this Act, the Commissioner may terminate the mortgagee's obligation to pay premium charges on the mortgage." (c)(1) Sections 203(k), 220(f)(3), 220(h)(6), and 233(g) of such Act are each amended by adding at the end thereof the following: " j f ^jje insurance payment is made in cash, there shall be added to such payment an amount equivalent to the interest which the debentures would have earned, computed to a date to be established pursuant to regulations issued by the Commissioner." (^) Section 221(g)(3) of such Act is amended by striking out "; or" at the end thereof and inserting in lieu thereof a period and the following: "If the insurance is paid in cash, there shall be added to such payment an amount equivalent to the interest which the debentures would have earned, computed to a date to be established pursuant to regulations issued by the Commissioner." (d) Section 604 of the National Housing Act is amended by-— (1) inserting after the colon following the first proviso in subsection (a) an additional proviso as follows: '•Provided further. That with respect to any debentures issued on or after the date of enactment of the Housing Act of 1964, the Commissioner may, with the consent of the mortgagee (in lieu of issuing a certificate of claim as provided in subsection (e)), include in debentures, in addition to amounts otherwise allowed for such costs, an amount not to exceed one-third of the total foreclosure, acquisition, and conveyance costs actually paid by the mortgagee and approved by the Commissioner, but in no event may the total allowance for such costs exceed the amount actually paid by the mortgagee:"; (2) striking out "$50" in the second sentence of subsection (c) and inserting in lieu thereof "$350";

�


text:
Page:United States Statutes at Large Volume 78.djvu/815

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

773

(8) striking" out "default, and" in the second sentence of subsection (d) and inserting in lieu thereof the following: "default, except that debentures issued pursuant to claims for insurance Kled on or after the date of enactment of the Housing Act of 1964, shall be dated as of the date of default or as of such later date as the Commissioner, in his discretion, may establish by regulation. The debentures"; (4) striking out the first paragraph of subsection (f) and 12 USC 1^739. inserting in lieu thereof the following: " (f)(1) If, after deducting (in such manner and amount as the (Commissioner shall determine to be equitable and in accordance with sound accounting practice) the expenses incurred by the Commissioner, the net amount realized from any property conveyed to the Commissioner under this section and the claims assigned therewith exceed the face value of the debentures issued and the cash paid in exchange for such property plus all interest paid on such debentures, such excess shall be divided as follows:"; (5) redesignating the second paragraph of subsection (f) as paragraph (i), and striking out "property; and"' at the end of the paragraph and inserting in lieu thereof the following: "property: Provided, That on and after the date of enactment of the Housing Act of 1964, any excess remaining after payment to the holder of the full amount of the certificate of claim shall be retained by the Commissioner and credited to the W a r Housing Insurance Fund;and"; (6) redesignating the third paragraph of subsection (f) as paragraph ( i i); (7) designating the last paragraph of subsection (f) as paragraph (2) and inserting the following before the period at the end thereof: ": Provided, That the settlement authority created by the Housing Amendments of 1955 shall be terminated with respect ^^ ^*|^-1'^|^ to any certificate of claim outstanding as of the date of enactment note. of the Housing Act of 1964"; and (8) inserting at the end of subsection (f) a new paragraph as follows: "(3) With the consent of the holder thereof, the Connnissioner is authorized to settle, without awaiting the final liquidation of the Commissioner's interest in the property, any certificate of claim issued pursuant to subsection (e), with respect to which a settlement had not been effected prior to the date of enactment of the Housing Act of 1964, by making payment in cash to the holder thereof of such amount, not exceeding the face amount of the certificate of claim, together with the accrued interest increment thereon, as the Commissioner may consider appropriate: Provided, That in any case where the certificate of claim is settled in accordance with the provisions of this paragraph, any amounts realized after the date of enactment of the Housing Act of 1964, in the liquidation of the Commissioner's interest in the property, shall be retained by the Commissioner and credited to the applicable insurance fund." f e) Section 904 of such Act is amended by— J^ ^^l: ^^^^^ (1) inserting after the colon following the first proviso in subsection (a) an additional proviso as follows: '•Provided further, That with respect to any debentures issued on or after the date of enactment of the Housing Act of 1964, the Commissioner may, with the consent of the mortgagee (in lieu of issuing a certificate of claim as provided in subsection (e)), include in debentures, in addition to amounts otherwise allowed for such costs, an amount not to exceed one-third of the total foreclosure, acquisition, and conveyance costs actually paid by the mortgagee and approved

�


text:
Page:United States Statutes at Large Volume 78.djvu/816

 774

i750c^^^ ^^^^*

PUBLIC LAW 88-560-SEPT. 2, 1%4

[78 STAT.

by the Comniissioner, but in no event may the total sillowance for such costs exceed the amount actually paid by the mortgagee:"; (2) striking out "loO'* in the second sentence of subsection (c) and inserting in lieu thereof "$350"; and (3) striking out "default, and" in the second sentence of subsection (d) and inserting in lieu thereof the following: "default, except that debentures issued pursuant to claims for insurance tiled on or after the date of enactment of the Housing Act of 1964 shall be dated as of the date of default or as of such lat-er date as the Commissioner, in his discretion, may establish by regulation. The debentures". ^t^ Sections 604 and 904 of such Act are each amended by striking out in the third sentence of subsection (a) "paid after either of such dates". MAXIMUM A M O U N T OF SECTION 2 0 7 R E N T A L H O U S I N G M0R1X3AGES

12 USC i"i3

^^^- ^^^- Section 207(c)(2) of the National Housing Act is amended by striking out all that follows the first colon and precedes "to mortgages on housing in Alaska", and inserting in lieu thereof the following: Provided, That this limitation shall not apply". F A M I L Y U N I T L I M I T S ON F H A R E N T A L H O U S I N G

70 Stat. 1092.

^^ use ^^^5e

s^^c. 107. (a) Section 207(c)(3) of the National Housing Act is amended by striking out the first paragraph and inserting in lieu thereof the following: "(3) not to exceed, for such part of the property or project as may be attributable tx> dwelling use (excluding exterior land improvements as defined by the Commissioner), $9,000 per family unit without a bedroom, $12,500 per family unit with one bedroom, $15,000 per family unit with two bedrooms, and $18,500 per family unit with three or more bedrooms or not to exceed $1,800 per space or $500,000 per mortgage for trailer courts or parks; except that as to projects to consist of elevator-type structures the Commissioner may, in his discretion, increase the dollar amount limitations per family unit to not to exceed $10,500 per family unit without a bedroom, $15,000 per family unit with one bedroom, $18,000 per family unit with two bedrooms, and $22,500 per family unit with three or more bedrooms, as the case may be, to compensate for the higher costs incident to the construction of elevatortype structures of sound standards of construction and design; and except that the Commissioner may, by regulation, increase any of the foregoing dollar amount limitations contained in this paragraph by not to exceed 45 per centum in any geographical area where he finds that cost levels so require." ^'^) Section 213(b)(2) of such Act is amended by striking out all that precedes the third proviso and inserting in lieu thereof the following: "(2) not to exceed, for such part of the property or project as may be attributable to dwelling use (excluding exterior land improvements as defined by the Commissioner), $9,000 per family unit without a bedroom, $12,500 per family unit with one bedroom, $15,000 per family unit with two bedrooms, and $18,500 per family unit with three or more bedrooms, and not to exceed 97 per centum of the amount which the Commissioner estimates will be the replacement cost of the property or project when the proposed physical improvements are completed: Provided, That as to projects to consist of elevator-type stmctures the Commis-

�


text:
Page:United States Statutes at Large Volume 78.djvu/817

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

sioner may, in his discretion, increase the dollar amount limitations per family unit to not to exceed $10,500 per family unit without a bedroom, $15,000 per family unit with one bedroom, $18,000 per family unit with two bedrooms, and $22,500 per family unit with three or more bedrooms, as the case may be, to compensate for the higher costs incident to the construction of elevator-type structures of sound standards of construction and design: Provided further, That the Commissioner may, b ^ regulation, increase any of the foregoing dollar amount limitations contained in this paragraph by not to exceed 45 per centum in any geographical area where he finds that cost levels so require". (c) Section 220(d)(3)(B) (iii) of such Act is amended to read as follows: "(iii) not exceed, for such part of the property or project as may be attributable to dwelling use (excluding exterior land improvements as defined by the Commissioner), $9,000 per family unit without a bedroom, $12,500 per family unit with one bedroom, $15,000 per family unit with two bedrooms, and $18,500 per family unit with three or more bedrooms; except that as to projects to consist of elevator-type structures the Commissioner may, in his discretion, increase the dollar amount limitations per family unit to not to exceed $10,500 per family unit without a bedroom, $15,000 per family unit with one bedroom, $18,000 per family unit with two bedrooms, and $22,500 per family unit with three or more bedrooms, as the case may be, to compensate for the higher costs incident to the construction of elevator-type structures of sound standards of construction and design; and except that the Commissioner may, by regulation, increase any of the foregoing dollar amount limitations contained in this clause by not to exceed 45 per centum in any geographical area where he finds that cost levels so require: Provided, That nothing contained in this subparagraph shall preclude the insurance of mortgages covering existing multifamily dw^ellings to be rehabilitated or reconstructed for the purposes set forth in subsection (a) of this section; and". (d)(1) Section 221(d)(3) (ii) of such Act is amended to read as follows: " (ii) not exceed, for such part of the property or project as may be attributable to dwelling use (^excluding exterior land improvements as defined by the Commissioner), $8,000 per family unit without a bedroom, $11,250 per family unit with one bedroom, $13,500 per family unit with two bedrooms, and $17,000 per family unit with three or more bedrooms; except that as to projects to consist of elevator-type structures the Commissioner may, in his discretion, increase the dollar amount limitations per family unit to not to exceed $9,500 per family unit without a bedroom, $13,500 per family unit with one bedroom, $16,000 per family unit with two bedrooms, and $20,000 per family unit with three or more bedrooms, as the case may be, to compensate for the higher costs incident to the construction of elevator-type structures of sound standards of construction and design; and except that the Commissioner may, by regulation, increase any of the foregoing dollar amount limitations contained in this clause by not to exceed 45 per centum in any geographical area where he finds that cost levels so require; and" (2) Section 221(d)(4) (ii) of such Act is amended to read as follows: " (ii) not exceed, for such part of the property or project as may be attributable to dw^elling use (excluding exterior land improve31-667 0-65—52

775

^s Stat. 598.

]\ f*f*- /so.

�


text:
Page:United States Statutes at Large Volume 78.djvu/818

 776

PUBLIC LAW 88-560-SEPT. 2, 1964

[78 STAT.

ments as defined by the Commissioner), $8,000 per family unit without a bedroom, $11,250 per family unit with one bedroom, $13,500 per family unit with two bedrooms, and $17,000 per family unit with three or more bedrooms; except that as to projects to consist of elevator-type structures the Commissioner may, in his discretion, increase the dollar amount limitations per family unit to not to exceed $9,500 per family unit without a bedroom, $13,500 per family unit with one bedroom, $16,000 per family unit with two bedrooms, and $20,000 per family unit with three or more bedrooms, as the case may be, to compensate for the higher costs incident to the construction of elevator-type structures of sound standards of construction and design; and except that the Commissioner may, by regulation, increase any of the foregoing dollar amount limitations contained in this clause by not to exceed 45 per centum in any geographical area where he finds that cost levels so require;". 12 USC insv (^) Section 231(c)(2) of such Act is amended to read as follows: " (2) not exceed, for such part of the property or project as may be attributable to dwelling use (excluding exterior land improvements as defined by the Commissioner), $8,000 per family unit without a bedroom, $11,250 per family unit with one bedroom, $13,500 per family unit with two bedrooms, and $17,000 per family unit with three or more bedrooms; except that as to projects to consist of elevator-type structures the Commissioner may, in his discretion, increase the dollar amount limitations per family unit to not to exceed $9,500 per family unit without a bedroom, $13,500 per family unit with one bedroom, $16,000 per family unit with two bedrooms, and $20,000 per family unit with three or more bedrooms, as the case may be, to compensate for the higher costs incident to the construction of elevator-type structures of sound standards of construction and design; and except that the Commissioner may, by regulation, increase any of the foregoing dollar amount limitations contained in this paragraph by not to exceed 45 per centum in any geographical area Avhere he finds that cost levels so require;". u use f748h.2 (*) (^) Clause (2) in the first sentence of section 810(f) of such Act is amended by striking out "$2,500 per room (or $9,000 per family unit if the number of rooms in such property or project is less than four per family u n i t) " and inserting in lieu thereof "$9,000 per family unit without a bedroom, $12,500 per family unit with one bedroom, $15,000 per family unit with two bedrooms, and $18,500 per family unit with three or more bedrooms". (2) The second sentence of section 810(f) of such Act is amended to read as follows: "The Commissioner may, by regulation, increase any of the foregoing dollar amount limitations contained in this paragraph by not to exceed 45 per centum in any geographical area where he finds that cost levels so require." (g) If the Federal Housing Commissioner determines that it would be inequitable to apply the provisions of the National Housing Act as amended by this section to a project which had been submitted for his consideration prior to the date of the enactment of this Act, such provisions may be applied to such project without regard to the amendments made by this section. ELIMINATION OF MANDATORY ACQUISITION OR FORECLOSURE W I T H l N ONE YEAR OF MULTIFAMILY PROJECT I N DEFAULT

52 Stat. 20. ^^ "

SEC. 108. Section 207(k) of the National Housing Act is amended by striking out the second sentence.

�


text:
Page:United States Statutes at Large Volume 78.djvu/819

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

777

S U P P L E M E N T A R Y COOPERATIVE LOANS U N D E R SECTION 2 1 3 (j) 179. SEC. 109. (a) Section 2 1 3 (j)(l) of the National Housing Act is 75 Stat. 1715e. 12 USC amended— (1) by striking out "or" at the end of clause (A); (2) by striking out the period at the end of clause (B) and inserting in lieu thereof "; or"; and (3) by adding at the end thereof the following new clause: " (C) Cooperative purchases and resales of memberships in order to provide necessary refinancing for resales of memberships which involve increases in equity; but in such resales by the cooperative the downpayments by the new members shall not be less than those made on the original sales of such memberships." (b) Section 305(e) of such Act is amended by adding at the end yj^stat^^eeg^'' thereof the following new sentence: "Without regard to any of the 12 USC 1720. limitations of this subsection except the total amount of authorizations available, the Association is authorized to enter into advance commitment contracts and purchase transactions on supplementing cooperative loans with respect to which the Federal Housing Commissioner shall have issued, pursuant to section 213(j), either a commitment to insure or a statement of eligibility; but such commitments and purchases shall be made solely where there is a management-type cooperative involved which is certified by the Federal Housing Commissioner as a consumer cooperative." MORTGAGE L I M I T S UNDER SECTION 2 2 0 SALES H O U S I N G MORTGAGE INSURANCE PROGRAM

SEC. 110. Section 220(d)(3)(A)(i) of the National Housing Act is amended by striking out "$25,000", "$27,500", "$30,000", "$35,000", and "$35,000" and inserting in lieu thereof "$30,000", "$32,500", "$32,500", "$37,500", and "$37,500", respectively.

12 USC 1715k.

MORTGAGE L I M I T S UNDER SECTION 2 2 0 M U L T I F A M I L Y H O U S I N G MORTGAGE INSURANCE PROGRAM

S E C 111. Section 220(d)(3)(B)(i) of the National Housing Act is amended by striking out "$20,000,000" and inserting in lieu thereof "$30,000,000".

73 Stat. ess.

LOANS TO COVER THE COST OF P U B L I C IMPROVEMENTS

SEC. 112. (a) The second sentence of section 220(h)(1) of the National Housing Act is amended to read as follows: "As used in this subsection— " (A) the term 'home improvement loan' means a loan, advance of credit, or purchase of an obligation representing a loan or advance of credit made— " (i) for the purpose of financing the improvement of an existing structure (or in connection with an existing structure) which was constructed not less than ten years prior to the making of such loan, advance of credit, or purchase, and which is used or will be used primarily for residential purposes: Provided, That a home improvement loan shall include a loan, advance, or purchase with respect to the improvement of a structure which was constructed less than ten years prior to the making of such loan, advance, or purchase if the proceeds are or will be used primarily for major structural improvements, or to correct defects which were not known at the time of the completion of the structure or

75 Stat. 154,

�


text:
Page:United States Statutes at Large Volume 78.djvu/820

 778

PUBLIC LAW 88-560-SEPT. 2, 1964

[78 STAT.

which were caused by fire, flood, windstorm, or other casualty; or " (ii) for the purpose of enabling the borrower to pay that part of the cost of the construction or installation of sidewalks, curbs, gutters, street paving, street lights, sewers, or other public improvements, adjacent to or in the vicinity of property owned by him and used primarily for residential purposes, which is assessed against him or for which he is otherwise legally liable as the owner of such property; " (B) the term 'improvement' means conservation, repair, restoration, rehabilitation, conversion, alteration, enlargement, or remodeling; and " (C) the term 'financial institution' means a lender approved by the Commissioner as eligible for insurance under section 2 or 09 "^^ ^^°^' ^ mortgagee approved under section 203(b)(1)." 1709 75 Stat. 155. (b) Section 220(h)(2)(i) of such Act is amended by inserting 12 USC 1715k. before the semicolon at the end thereof the following: ", and be limited as required by paragraph (11)". (c) Section 220(h) of such Act is further amended by adding at the end thereof the following new paragraph: "(11) Notwithstanding any other provision of this Act, no home improvement loan made in whole or in part for the purpose specified in clause (A) (ii) of the second sentence oi paragraph (1) shall be insured under this subsection if such loan (or the portion thereof which is attributable to such purpose), when added to the aggregate principal balance of any outstanding loans insured under this subsection or section 203(k) which were made to the same borrower for the purpose so specified (or the portion of such aggregate balance which is attributable to such purpose), would exceed $10,000." HOME

IMPROVEMENT

LOANS ON PROPERTY H E L D U N D E R

LEASE

SEC. 113. Section 220(h)(2) (vi) of the National Housing Act is amended by striking out "a period of not less than 50 years to run from the date oi the loan" and inserting in lieu thereof "an expiration date in excess of 10 years later than the maturity date of the loan". FHA

68 Stat. 599. 12 USC 1715Z.

12 USC 1715r,

SECTION

221

HOUSING

FOR LOW-

OR MODERATE-INCOME

PERSONS

SEC. 114. (a) Section 221(d)(3) of the National Housing Act is amended by inserting after "or association" the following: ", or other mortgagor approved by the Commissioner, and". (b) Subsection (e) of section 221 of such Act is amended to read as follows: "(e)(1) A mortgagor which may be approved by the Commissioner as provided in subsection (d)(3) includes a mortgagor which, as a condition of obtaining insurance of the mortgage and prior to the submission of its application for such insurance, has entered into an agreement (in form and substance satisfactory to the Commissioner) with a private nonprofit corporation eligible for an insured mortgage under the provisions of subsection (d)(3), that the mortgagor will sell the project when it is completed to the corporation at the actual cost of the project, as certified pursuant to section 227 of this Act. The mortgagor to whom the property is sold shall be regulated or supervised by the Commissioner as provided in subsection (d)(3) to effectuate its purposes. "(2) The Commissioner may at any time, under such terms and conditions as he may prescribe, consent to the release of the mortgagor from his liability under the mortgage or the credit instrument secured

�


text:
Page:United States Statutes at Large Volume 78.djvu/821

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

779

thereby, or consent to the release of parts of the mortgaged property from the lien of the mortgage." (c) Section 221(d)(3) of such Act is amended by inserting before the colon at the end of the first proviso in clause (iii): ": Provided further, That in the case of any mortgagor other than a nonprofit corporation or association, cooperative (including an investor-sponsor), or public body, or a mortgagor meeting the special requirements of subsection (e)(1), the amount of the mortgage shall not exceed 90 per centum of the amount otherwise authorized under this section". (d) The last sentence of section 221(f) of such Act is amended ]>y striking out "July 1, 1965", each place it appears, and inserting in lieu thereof "September 30, 1965". MORTGAGE INSURANCE FOR

75 Stat. 150. 12 USC 171L5i.

SERVICEMEN

SEC. 115. Section 222(b) of the National Housing Act is amended— 73^stft ^eef ^' (1) by striking out "203(b) or 203 (i) " in paragraph (1) and 12 USC 1715m. inserting in lieu thereof "203(b), 203(1), or 221(d)(2), "; and ^^^^^"^^^ ^^°^' (2) by striking out "such principal obligation shall not exceed $9,000" in paragraph (2) and inserting in lieu thereof "or section 221 (d)(2) such prmcipal obligation shall not exceed the maximum limits prescribed for such section". PRIVATE F I N A N C I N G

OF SALE OF FHA-ACQUIRED PROPERTIES

SEC. 116. Section 223(c) of the National Housing Act is amended by striking out "limitation upon eligibility contained in this title II " and inserting in lieu thereof the following: "limitations or requirements contained in this title upon the eligibility of the mortgage, upon the payment of insurance premiums, or upon the terms and conditions of insurance settlement and the benefits of the insurance to be included in such settlement (except that in any case the payment of insurance shall be in debentures) ". MORTGAGE INSURANCE FOR NONPROFIT NURSING

^l\^l^\lf' 12 USC nisn.

HOMES

SEC. 117. Section 232(b)(1) of the National Housing Act is amended by inserting after "proprietary facility" the following: "or facility of a private nonprofit corporation or association".

73 Stat. 663. 12 USC I715w.

EXPERIMENTAL HOUSING

SEC. 118. (a) Section 233(a) of the National Housing Act is amended by striking o u t ", in the case of mortgages insured under subsection (b)(2) of this section, advances on such mortgages" and inserting in lieu thereof "home improvement loans, and including advances on mortgages". (b) Section 233(b) of such Act is amended to read as follows: "(b) To be eligible for insurance under this section, a mortgage shall meet the requirements of one of the other sections of this title; except that, in lieu of determining the appraised value or the replacement cost of the property in cases involving new construction or the estimated cost of repair and rehabilitation or improvement in cases involving existing properties, the Commissioner shall estimate the cost of replacing the property using comparable conventional design, materials, and construction, and any limitation upon the maximum mortgage amount available to a nonoccupant owner shall not, in the discretion of the Commissioner, be applicable to moitgages insured under this section."

^s Stat. iss. ^ ^ "^^ 171 sx.

�


text:
Page:United States Statutes at Large Volume 78.djvu/822

 780 75 Stat. 158. 12 USC 1715x.

PUBLIC LAW 88-560-SEPT. 2, 1964

(c) Section 233 of such Act is further amended by striking out subsections (e) and (f) and inserting in lieu thereof the following: "(e) Any mortgagee or lender under a mortgage insured under subsection (b) shall be entitled to insurance benefits determined in the same manner as such benefits would be determined if such mortgage or loan were insured under the section of this title for which it otherwise would have been eligible except for the experimental feature of the property involved." (d) Section 233 of such Act is further amended by redesignating subsections (g) and (h) as subsections (f) and (g), respectively, and by striking out "subsections (e) and (f) " in the first sentence of the subsection so redesignated as subsection (f) and inserting in lieu thereof "subsection (e)". MORTGAGE INSURANCE

75 Stat. 160. 12 USC 1715y

[78 STAT.

FOR

CONDOMINIUMS

SEC. 119, (a) Section 234 of the National Housing Act is amended— (1) by striking out the heading and inserting in lieu thereof "MORTGAGE INSURANCE FOR CONDOMINIUMS";

(2) by striking out "structure" each place it appears and inserting in lieu thereof "project" (and by striking out "structures" in the last sentence of subsection (c) and inserting in lieu thereof "projects"); (3) by striking out "the term 'mortgage' for the purposes of this section" in subsection (b) and inserting in lieu thereof "the term 'mortgage' for the purposes of subsection (c) "; (4)(A) by striking out "this section" each time it appears in subsection (c) and inserting in lieu thereof "this subsection"; (B) by striking out "under another section" in the first sentence of subsection (c) and inserting in lieu thereof "under any section"; 12 USC i7i5e. ^5^ l^y striking out "section 213" each time it appears in subsection (c) and inserting in lieu thereof "section 213(a)(1) and (2) "; (6) by striking out the third sentence of subsection (c) and inserting in lieu thereof the following: "To be eligible for insurance pursuant to this subsection, a mortgage shall (A) involve a principal obligation in an amount not to exceed $30,000, and not to exceed the sum of (i) 97 per centum of $15,000 of the amount which the Commissioner estimates will be the appraised value of the family unit including common areas and facilities as of the date the mortgage is accepted for insurance, (ii) 90 per centum of such value in excess of $15,000 but not in excess of $20,000, and (iii) 75 per centum of such value in excess of $20,000, and (B) have a maturity satisfactory to the Commissioner, but not to exceed, in any event, thirty-five years from the date of the beginning of amortization of the mortgage or three-fourths of the Commissioner's estimate of the remaining economic life of the project, whichever is the lesser."; (7) by redesignating subsection (d) as subsection (g), by redesignating subsections (e) and (f) as subsections (i) and (j), respectively, and by inserting after subsection (c) the following new" subsections: " (d) In addition to individual mortgages insured under subsection (c), the Commissioner is authorized, in his discretion and under such terms and conditions as he may prescribe, to insure blanket mortgages (including advances on such mortgages during construction) which cover multifamily projects to be constructed or rehabilitated in cases where the mortgage is held by a mortgagor, approved by the Commissioner, which—

�


text:
Page:United States Statutes at Large Volume 78.djvu/823

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

"(1) has certified to the Commissioner, as a condition of obtaining the insurance of a blanket mortgage under this subsection, that upon completion of the multifamily project covered by such mortgage it intends to commit the ownership of the multifamily project to a plan of family unit ownership under which each family unit would be eligible for individual mortgage insurance under subsection (c) and will faithfully and diligently make and carry ouff all reasonable efforts to establish such plan of family unit ownership and to sell such family units to purchasers approved by the Commissioner; and "(2) shall be regulated or restricted by the Commissioner as to rents, charges, capital structure, rate of return, and methods of operation until the termination of all obligations of the Commissioner under the insurance and during such further period of time as the Commissioner shall be the owner, holder, or reinsurer of the mortgage. The Commissioner may make such contracts with and acquire for not to exceed $100 such stock or interest in such mortgagor as he may deem necessary to render effective the regulation and restriction of such mortgagor. The stock or interest acquired by the Commissioner shall be paid for out of the Apartment Unit Insurance Fund, and shall be redeemed by the mortgagor at par at any time upon the request of the Commissioner after the termination of all obligations of the Commissioner under the insurance. "(e) To be eligible for insurance, a blanket mortgage on any multifamily project of a mortgagor of the character described in subsection (d) shall involve a principal obligation in an amount— "(1) not to exceed $20,000,000, or not to exceed $25,000,000 if the mortgage is executed by a mortgagor regulated or supervised, under Federal or State law or by a political subdivision of a State or any agency thereof, as to rents, charges, and methods of operation; "(2) not to exceed 90 per centum of the amount which the Commissioner estimates will be the replacement cost of the project when the proposed physical improvements are completed; "(3) not to exceed, for such part of the project as may be attributable to dwelling use (excluding exterior land improvements as defined by the Commissioner), $9,000 per family unit without a bedroom, $12,500 per family unit with one bedroom, $15,000 per family unit with two bedrooms, and $18,500 per family unit with three or more bedrooms; except that as to projects to consist of elevator-type structures the Commissioner may, in his discretion, increase the dollar amount limitations per family unit to not to exceed $10,500 per family unit without a bedroom, $15,000 per family unit with one bedroom, $18,000 per family unit with two bedrooms, and $22,500 per family unit with three or more bedrooms, as the case may be, to compensate for the higher costs incident to the construction of elevator-type structures of sound standards of construction and design; and except that the Commissioner may, by regulation, increase any of the foregoing dollar amount limitations contained in this paragraph by not to exceed 45 per centum in any geographical area where he finds that cost levels so require; and "(4) not to exceed an amount equal to the sum of the unit mortgage amounts determined under the provisions of subsection (c) assuming the mortgagor to be the owner and occupant of each family unit. " (f) Any blanket mortgage insured under subsection (d) shall provide for complete amortization by periodic payments within such

781

�


text:
Page:United States Statutes at Large Volume 78.djvu/824

 782

PUBLIC LAW 88-560-SEPT. 2, 1964

[78 STAT.

term as the Commissioner may prescribe but not to exceed forty years from the beginning of amortization of the mortgage, and shall bear interest (exclusive of premium charges for insurance) at not to exceed 5 ^ per centum per annum on the amount of the principal obligation outstanding at any time. The Commissioner may consent to the release of a part or parts of the mortgaged property from the lien of the blanket mortgage upon such terms and conditions as he may prescribe and the blanket mortgage may provide for such release. The project covered by the blanket mortgage may include five or more family units and such commercial and community facilities as the Commissioner deems adequate to serve the occupants."; (8) by striking out "this section" each time it appears in the suDsection redesignated as subsection (g) by paragraph (7) of this subsection and inserting in lieu thereof "subsection (c) of this section"; (9) by inserting after the subsection redesignated as subsection is) by paragraph (7) of this subsection the following new subsection: " (h) The provisions of subsections (d), (e), (g), (h), (i), (j), (k), 12 USC 1713. (1), (m), (n), and (p) of section 207 shall be applicable to mortgages insured under subsection (d) of this section, except that all references to the Housing Insurance Fund, or Housing Fund, shall be construed to refer to the Apartment Unit Insurance Fund."; and. (10) by amending the subsection redesignated as subsection (j) by paragraph (7) of this subsection to read as follows: 12 USC 1715p, "(j) The provisions of sections 225 and 230 shall be applicable to 1715U. the mortgages insured under subsection (c) of this section." 12 USC 1715c. (jj^ Section 212(a) of such Act is amended by adding at the end thereof the following new sentence: "The provisions of this section shall also apply to the insurance of any mortgage under section Ante, p. 780. 234(d)." 12 USC 1715r, (c) Section 227(a) of such Act is amended by striking out "or (vii)" and inserting in lieu thereof " (vii)", and by inserting before the semicolon at the end thereof ", or (viii) under section 234(d)". PREPAYMENT OF MORTGAGES BY NONPROFIT EDUCATIONAL INSTITUTIONS

1734."^^ ^"^^'

^^^- 120. Title V of the National Housing Act is amended by adding at the end thereof the following new section: "PREPAYMENT or

MORTGAGES BY NONPROFIT EDUCATION AI> INSTITUTIONS

"SEC. 617. (a) Notwithstanding any other provision of this Act, no adjusted premium charge shall be collected in connection with the payment in full, prior to maturity, of any mortgage insured under this Act, if the mortgagor certifies to the Commissioner that the loan was paid in full by or on behalf of a nonprofit educational institution which mtends to use the property for educational purposes. "(b) The Commissioner shall refund any adjusted premium charge collected subsequent to July 1, 1962, and prior to the date of the enactment of the Housing Act of 1964, in connection with the payment in full, prior to maturity, of any mortgage insured under this Act, if the mortgagor under such mortgage makes the certification prescribed by subsection (a). "

�


text:
Page:United States Statutes at Large Volume 78.djvu/825

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

783

CORRECTION OF SUBSTANTIAL DEFECTS I N MORTGAGED HOMES

SEC. 121. Title V of the National Housing Act is amended by adding after section 517 (added by section 120 of this Act) the following new section:

^"^^' P- '^82.

" EXPENDITURES TO CORRECT OR COMPENSATE FOR SUBSTANTIAL DEFECTS IN MORTGAGED HOMES

"SEC. 518. (a) The Commissioner is authorized, with respect to any property improved by a one- to four-family dwelling approved for mortgage insurance prior to the beginning of construction which he finds to have structural defects, to make expenditures for (1) correcting such defects, (2) paying the claims of the owner of the property arising from such defects, or (3) acquiring title to the property: Provided, That such authority of the Commissioner shall exist only (A) if the owner has requested assistance from the Commissioner not later than four years (or such shorter time as the Commissioner may prescribe) after insurance of the mortgage, and (B) if the property IS encumbered by a mortgage which is insured under this Act after the date of enactment of the Housing Act of 1964. " (b) The Commissioner shall by regulations prescribe the terms and conditions under which expenditures and payments may be made under the provisions of this section, and his decisions regarding such expenditures or payments, and the terms and conditions under which the same are approved or disapproved, shall be final and conclusive and shall not be subject to judicial review." TITLE II—HOUSING FOR THE ELDERLY AND HANDICAPPED HOUSING FOR THE ELDERLY—LOAN PROGRAM

SEC. 201. Section 202(a)(4) of the Housing Act of 1959 is amended by striking out "$275,000,000" and inserting in lieu thereof "$350,000,000".

^^l^^^\^^''' 12 USC i7oiq.

FHA SECTION 2 2 1 HOUSING FOR LOW- OR MODERATE-INCOME ELDERLY PERSONS

S E C 202. Section 221(f) of the National Housing Act is amended by pllt^^^^^H^/ adding at the end thereof the following new sentence: "Any person 12 USC 1715/. sixty-two years of age or over shall be deemed to be a family within the meaning of the terms 'family' and 'families' as those terms are used in this section." HOUSING FOR THE HANDICAPPED

S E C 203. (a)(1) The heading of title II of the Housing Act of 1959 is amended by striking out " H O U S I N G FOR THE E L D E R L Y " and inserting m lieu thereof " H O U S I N G FOR THE E L D E R L Y OR HANDICAPPED". (2) Section 202 of such Act is amended— (A) by striking out "elderly families and elderly persons" wherever it appears in subsections (a)(1), (a)(2), and (e) and inserting in lieu thereof in each instance "elderly or handicapped families"; (B) by amending subsection (d)(1) to read as follows: " (1) The term 'housing' means structures suitable for dwelling use by elderly or handicapped families which are (A) new struc-

"Housing."

�


text:
Page:United States Statutes at Large Volume 78.djvu/826

 784

PUBLIC LAW 88-560-SEPT. 2, 1964

[78 STAT.

tures, or (B) pi-oxided by reliabilitation, alteration, conversion, or improvement of existing structures which are otherwise inadequate for- proposed dw^elling use by such families."; hand/ifa'^^ed"^ (C) by Striking out the first sentence of subsection (d)(4) and frmiiie^s^"^ inserting in lieu thereof the following: "The term 'elderly or handicapped families" means families which consist of two or more persons and the head of which (or his spouse) is sixty-two years of age or over or is handicapped, and such term also means a single person who is sixty-two years of age or over or is handicapped. A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Administrator, to have a physical impairment which (A) is expected to be of longcontinued and indefinite duration, (B) substantially impedes his ability to live independently, and (C) is of such a nature that such ability could be improved by more suitable housing conditions."; (D) by inserting before the period at the end of subsection (d)(7) the following: "or rehabilitation, alteration, conversion, or improvement of existing structures"; and (E) by amending subsection (d)(8) to read as follows: tie's^*'^^*^'^ ^^""' "(^) '^^^ ^^^^ 'related facilities' means (A) new structures suitable for use by elderly or handicapped families as cafeterias or dining halls, community rooms or buildings, workshops, or infirmaries or other inpatient or outpatient health facilities, or other essential service facilities, and (B) structures suitable for the above uses provided by rehabilitation, alteration, conversion, or improvement of existing structures which are otherwise inadequate for such uses." (b) The last sentence of section 221(f) of the National Housing Ante, p. 783. Act (as added by section 202 of this Act) is amended by striking out "person sixty-two years of age or over" and inserting in lieu thereof "person who is sixty-two years of age or over, or who is a handicapped person within the meaning of section 202 of the Housing Act u use f'o'i. "f 1^^^'"73 Stat. 665. (c) Section 231 of such Act is amended by adding at the end 12 USC i7i5v. thereof the following new subsection: "(f) Notwithstanding any of the provisions of this section, the housing provided under this section may include family units which are specially designed for the use and occupancy of any person or family qualifying as a handicapped family as defined in section 202 of the Housing Act of 1959, and such special facilities as the Commissioner deems adequate to serve handicapped families (as so defined). The Commissioner may also prescribe procedures to secure to such families preference or priority of opportunity to rent the living units specially designed for their use and occupancy." (d) The second sentence of section 2(2) of the United States Post, p. 794. piousing Act of 1937 (as amended by section 401(a) of this Act) is amended by inserting after "and includes" the following: "a single person who is handicapped within the meaning of section 202 of the Housing Act of 1959 or who is". 42 us^c M36 (®) Section 207 of the Housing Act of 1961 (as amended by section 407 of this Act) is further'amended by inserting before the l)eriod at the end of the first sentence the following: "and of demonstrating the types of housing and the means of providing housing that will assist low income persons or families who qualify as handicapped families as defined in section 202 of the Housing Act of 1959".

�


text:
Page:United States Statutes at Large Volume 78.djvu/827

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1%4

785

TITLE III—UEBAN RENEWAL CODE ENFORCEMENT

SEC. 301. (a) Section 101(c) of the Housing Act of 1949 is es Stat. 623. amended by striking out the period at the end thereof and inserting " ^ "^^ ^'*^^' ^ in lieu thereof the following: ": Provided further, That commencing three years after the date of enactment of the Housing Act of 1964, no workable program shall be certified or re-certified unless (A) the locality has had in effect, for at least six months prior to such certification or re-certification, a minimum standards housing code, related but not limited to health, sanitation, and occupancy requirements, which is deemed adequate by the Administrator, and (B) the Administrator is satisfied that the locality is carrying out an effective program of enforcement to achieve compliance with such housing code." (b) The first sentence of section 110(c) of such Act is amended by ^° ^*|^' ^^^r'Jinserting after "or rehabilitation or conservation in an urban renewal area," the following: "or a program of code enforcement in an urban renewal area,". (c) Paragraph (5) of the second sentence of section 110(c) of such Act is amended by (1) striking out "a program of" and inserting in lieu thereof "programs of code enforcement or", and (2) adding before the semicolon at the end of such paragraph the following:": Provided, That no program of code enforcement shall be included as part of an urban renewal project unless the locality shall agree to increase its total expenditures with respect to code enforcement, during the period such project is under contract for a loan or capital grant, by an amount equal to the required local grants-in-aid with respect to the code enforcement included as part of such project". (d) Any contract for a capital grant under title I of the Housing Act of 1949, executed prior to the date of enactment of this Act, may 42 USC HSObe amended to incorporate the provisions of subsection (c) for costs ^^^p^gt, p. rss incurred on or after such date. SELF-HELP PROGRAMS FOR COMMUNITY IMPROVEMENT

SEC. 302. Section 101(d) of the Housing Act of 1949 is amended by inserting immediately after "local urban renewal programs" the following: "(including rehabilitation projects requiring no additional assistance under this title or self-liquidating redevelopment projects)". LOAN CONTRACT FOR TWO OR MORE PROJECTS

SEC. 303. (a) Section 102(a) of the Housing Act of 1949 is amended by adding at the end thereof the following: "Notwithstanding any other provision of this title, the Administrator may make a temporary loan, as described in the first two sentences of this subsection, for two or more urban renewal projects being carried out by the same local public agency. The principal amount of rny such loan which is outstanding at any one time snail not exceed the estimated expenditures to be made by the local public agency for such projects." (b) Section 110(g) of such Act is amended by striking out in the first sentence thereof the words "for any project". CAPITAL GRANT AUTHORIZATION

f^ sta^ 4^i4.

'

SEC. 304. Section 103(b) of the Housing Act of 1949 is amended by striking out "not to exceed $4,000,000,000" and inserting in lieu thereof "not to exceed $4,725,000,000".

^^ sta^ ^1^66.

�


text:
Page:United States Statutes at Large Volume 78.djvu/828

 786

PUBLIC LAW 88-560-SEPT. 2, 1964

[78 STAT.

RELOCATION OF DISPLACEES FROM U R B A N RENEWAL. AREAS

42ulc uls.

15 u*sc 63?"

15 USC 63^6* 68 Stat. 626. 42 USC 1460

SEC- ^^^- (^).(l) Section 105(c) of the Housing Act of 1949 is amended by striking out "families" wherever it appears and inserting in lieu thereof "individuals and families". (2) The requirement imposed by the amendments made by paragraph (1) shall not be applicable to any project receiving Federal recognition prior to the date of the enactment of this Act. (b) Section 105(c) of such Act is further amended by inserting before the period at the end thereof the following: ": Provided, That the Administrator shall issue rules and regulations to aid in implementing the requirements of this subsection and in otherwise achieving the objectives of this title which shall require that there be established, at the earliest practicable time, for each urban renewal project involving the displacement of families, individuals, or business concerns occupying property in an urban renewal area, a relocation assistance program which shall include such measures, facilities, and services as may be necessary or appropriate in order (1) to determine the needs of such families, individuals, and business concerns for relocation assistance, (2) to provide information and assistance to aid in relocation and otherwise minimize the hardships of displacement, and (3) to assure the necessary coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community which may affect the carrying out of the relocation program". (*^) Section 8(b) of the Small Business Act is amended— (1) by striking out "and" at the end of paragraph (12); (2) by striking out the period at the end of paragraph (13) and inserting in lieu thereof "; and"; and (3) by adding after paragraph (13) the following new paragraph: "(14) to provide at the earliest practicable time such information and assistance as may be appropriate, including information concerning eligibility for loans under section 7(b)(3), to local public agencies (as defined in section 110(h) of the Housing Act of 1949) and to small-business concerns to be displaced by federally aided urban renewal projects in order to assist such smallbusiness concerns in reestablishing their operations." DISPOSAL OF LAND FOR LOW- AND MODERATE-INCOME H O U S I N G

75^stat^*i68^^' 42 USC i4'57.

75s^a^\so^'' 12 USC 1715Z.

42 USC lllo

SEC. 306. Subsections (a) and (b) of section 107 of the Housing "^^^ ^^ ^^^^ ^^^ amended to read as follows: " (a) Upon approval of the Administrator and subject to such conditions as he may determine to be in the public interest, any real property held as part of an urban renewal project may be made available to (1) a limited dividend corporation, nonprofit corporation or association, cooperative, or public body or agency, or (2) a purchaser who would be eligible for a mortgage insured under section 221(d)(3) ^^ (d)(4) of the National Housing Act, for purchase at fair value for use by such purchaser in the provision of new or rehabilitated rental or cooperative housing for occupancy by families or individuals of moderate income. "(b) When it appears in the public interest that real property acquired as part of an urban renewal project should be used in whole or in part for a low-rent housing project assisted under the United States Housing Act of 1937, or under a State or local program found by the Administrator to have the same general purposes as the Federal program under such Act, the property shall be made available to the

�


text:
Page:United States Statutes at Large Volume 78.djvu/829

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

' 787

public housing ajrenoy undertaking the low-rent housing project at a price equal to its fair value, as determined in accordance with subsection (a), and such amount shall be included as part of the development cost of such low-rent housing project: Provided, That the local contribution in the form of tax exemption or tax remission required by section 10(h) of such Act, or by analogous provisions in legislation ^s Stat. 63ii; authorizing such State or local program, with respect to the low-rent °/2''usc uio. housing project into which such property was incorporated on or after September 23, 1959, shall (if covered by a contract which, in the determination of the Public Housing Commissioner, wdll assure that such local contribution will be made during the entire period that the project is used as low-rent housing within the meaning of such Act, or by provisions found by the Administrator to give equivalent assurance in the case of State or local programs) be accepted as a local grant-in-aid equal in amount, as determined by the Administrator, to one-half (or one-third in the case of an urban renewal project on a three-fourths capital grant basis) of the difference between the cost of such property (including costs of land, clearance, site improvements, and a share, prorated on an area basis, of administrative, interest, and other project costs) and its sales price, and shall be considered a local grant-in-aid furnished in a form other than cash within the meaning of section 110(d) of this Act." es Stat. 62<5. 42 USC 1460.

REHABILITATION

OF PROPERTY

IN

URBAN RENEWAL

AREAS

SEC. 307. Section 110(c) of the Housing Act of 1949 is amended by Jl^f^^ ^°^' adding immediately after and below paragraph (7) the following new paragraph: "Notwithstanding any other provision of this title, no contract shall be entered into for any loan or capital grant under this title for any project which provides for demolition and removal of buildings and improvements unless the Administrator determines that the objectives of the urban renewal plan could not be achieved through rehabilitation of the project area." l ' R J E ( T S INVOLVING THE ACQUISITION A N D DEVELOPMENT OF AIR R I G H T S SITES

SEC. 308. (a) Section 110(c)(1) of the Housing Act of 1949 is amended by— (1) inserting a new clause (iv) before the proviso to read as follows: ", or (iv) air rights in an area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income"; (2) striking out in the proviso "an open land project" and inserting in lieu thereof "projects under clauses (iii) and (iv) hereof"; and (3) adding before the semicolon at the end thereof the following: ": Provided further, That the aggregate amount of capital grants for projects under clause (iv) shall not exceed 5 per centum of the aggregate amount of grants authorized by this title to be contracted for after the date of enactment of the Housing Act of 1964".

�


text:
Page:United States Statutes at Large Volume 78.djvu/830

 788 yslt^t^'iel^.^'^'' 42 USC 1460.

PUBLIC LAW 88-560-SEPT. 2, 1964

[78 STAT.

(^) Section 110(c) of such Act is further amended by— (1) striking out "and" at the end of paragraph (6), and redesignating paragraph (7) as paragraph (8); (2) inserting after paragraph (6) a new paragraph as follows: "(7) construction of foundations and platforms necessary for the provision on air rights sites of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income; and"; and (3) striking out "paragraph (7) " in the third sentence (as numbered prior to the amendments made by this Act) and inserting in lieu thereof "paragraphs (7) and (8)". (c) Section 110(d) of such Act is amended by striking out "project)" and inserting in lieu thereof "project, or of air rights over streets, alleys, and other public rights-of-way)". (d) Section 110(e) of such Act is amended by striking out "and (7)" in clause (i) and inserting in lieu thereof "{7), and (8)". AMENDMENT OF D E r i N I T l O N OF " G O I N G FEDERAL R A T E "

68 Stat. 626.

SEC. 309. Section 110(g) of the Housing Act of 1949 is amended by striking out the last sentence and inserting in lieu thereof the following: "Any contract for a loan or advance, authorized by the Administrator alter the date of enactment of the Housing Act of 1964, shall provide for a single interest rate which shall be applicable also to future amendments of the contract which provide additional funds thereunder, and shall further provide for a periodic revision of the interest rate on the balance outstanding or to be outstanding on such loan or advance based on the going Federal rate on the date of such revision: Provided, That any contract for a loan or advance authorized prior to the date of enactment of the Housing Act of 1964 shall be amended (with the first amendment to such contract authorized after the date of enactment of such Act) to provide for such a single interest rate (based on the going Federal rate at the time such amendment is authorized) and for periodic revision thereof." RELOCATION P A Y M E N T S TO DISPLACED PERSONS A N D B U S I N E S S E S

42 USC 14501464.

SEC. 310. (a) Title I of the Housing Act of 1949 is amended by adding at the end thereof the following new section: ((RELOCATION "SEC. 114. (a) Notwithstanding any other provision of this title, an urban renewal project may include the making of payments as prescribed in this section to displaced individuals, families, business concerns, and nonprofit organizations; and any contract for financial assistance under this title shall provide that the capital grant otherwise payable for the project shall be increased by an amount equal to such payments and that no part of the amount oi such payments shall be required to be contributed as part of the local grant-in-aid. As used in this section, 'displaced' refers to displacement from an urban renewal area made necessary by (1) the acquisition of real property by a local public agency or by any other public body, (2) code enforcement activities undertaken in connection with an urban renewal project, or (3) a program of voluntary rehabilitation of buildings or other improvements in accordance with an urban renewal plan. " (b) A local public agency may pay to any displaced business concern or nonprofit organization— "(1) its reasonable and necessary moving expenses and any actual direct losses of property except goodwill or profit (which

�


text:
Page:United States Statutes at Large Volume 78.djvu/831

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

are incurred on and after August 7, 1956, and for which reimbursement or compensation is not otherwise m a d e): Provided, That such payment shall not exceed $3,000 (or, if greater, the total certified actual moving expenses); and " (2) an additional $1,500 in the case of a private business concern with average annual net earnings of less than $10,000 per year which (A) was doing business in a location in the urban renewal area on the date of local approval of the urban renewal plan (or of acquisition of real property under the third sentence of section 102(a)), (B) is displaced on or after January 27, 1964, and (C) is not part of an enterprise having establishments outside the urban renewal area. Notwithstanding the provisions of clause (1) of the preceding sentence, a business concern which is not being displaced from an urban renewal area shall be eligible for payments under such clause (1) of its certified actual moving expenses with respect to its outdoor advertising displays being removed from the urban renewal area in the same manner as though such business concern were being displaced. " (c)(1) A local public agency may pay to any displaced individual or family his or its reasonable and necessary moving expenses and any actual direct losses of property (which are incurred on and after August 7, 1956, and for which reimbursement or compensation is not otherwise m a d e): Provided, That such payment shall not exceed $200: And provided further, That the Administrator may authorize payment to individuals and families of fixed amounts (not to exceed $200 in any case) in lieu of their respective reasonable and necessary moving expenses and actual direct losses of property. "(2) A local public agency may pay (in addition to any amount under paragraph (1)), on behalf of any displaced family or any displaced individual sixty-two years of age or over, during the first five months after displacement, a relocation adjustment payment, not to exceed $500, to assist such displaced individual or family to acquire a decent, safe, and sanitary dwelling. The relocation adjustment payment shall be an amount which, when added to 20 per centum of the annual income of the displaced individual or family at the time of displacement, equals the average rental required, for a 12-month period, for such a decent, safe, and sanitary dwelling of modest standards adequate in size to accommodate the displaced individual or family (in the urban renewal area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities): Provided, That such payment shall be made only to an individual or family who is unable to secure a dwelling unit in a low-rent housing project assisted under the United States Housing Act of 1937, or under a State or local program found by the Administrator to have the same general purposes as the Federal program under such Act: Provided further, That payments under this paragraph shall be available only in the case of families, and individuals sixty-two years of age or over, displaced on or after January 27, 1964. " (d) The Administrator is authorized to establish such rules and regulations as he may deem appropriate in carrying out the provisions of this section and may provide in any contract with a local public agency, or in regulations promulgated by the Administrator, that determinations of any duly designated officer or agency as to eligibility for and the amount of relocation assistance authorized by this section shall be final and conclusive for any purposes and not subject to redetermination by any court or any other officer. Such regulations shall include provisions to assure that relocation payments, as authorized by this section, shall be made as promptly as possible to all families, individuals, business concerns, and nonprofit organizations found to be

789

f2 f^l^^' f^b.

42 USC 1430.

�


text:
Page:United States Statutes at Large Volume 78.djvu/832

 790

42 USC 1450. 1464.

Ante. p. 788. 42 USC Hit ^

PUBLIC LAW 88-560-SEPT. 2, 1964

eligible fov such payments by reason of their having been displaced from property in the urban renewal area, without regard to any subsequent proceedings, determinations, or events relating to such property which do not bear upon whether such displacement in fact occurred." (b) Any contract with a local public agency which was executed under title I of the Housing Act of 1949 before the date of the enactment of this Act may be amended to provide for payments authorized ^y section 114 of the Housing Act of 1949. (c) Section 106 of the Housing Act of 1949 is amended by striking '>^^t subsection (f). ACQUISrriON

68 Stat. 626. 42 USC 1460.

[78 STAT.

OF

PROPERTY A F F E C l ^ D BY COAL M I N E UNDERGROUND M I N E F I R E S

SrBSinKN(^E

OR

SEC. 811. (a) Section 110(e) of the Housing Act of 1949 is amended by adding at the end thereof the following new paragraph: "Where a project includes the acquisition of property which has been damaged because of the collapse or subsidence of underlying coal mines, or underground mine fires, and the property is to be acquired from an individual, family, business concern, or nonprofit organization which was the owner of such property at the time the damage first occurred, the amount otherwise allowable as the acquisition price of such property may be increased by an amount equal to so much of any diminution in the value of such property as is determined to be reasonably attributable to such damage and to represent an otherwise micompensated and (but for such acquisition) uncompensable loss actually sustained by such owner." (b) Any contract under title I of the Housing Act of 1949 executed prior to the date of enactment of the Housing Act of 1964 may be amended to provide for payment of the increased amounts authorized under the amendment made by subsection (a) with respect to any uncompleted project if the project includes acquisitions which, under any State or local law in effect on such date, would involve expenditures by a local public agency that could not otherwise be included in the costs of such project. R E H ABU. I T A TI ON U) A N S

Definitions.

SEC. 312. (a) To assist rehabilitation in an urban renewal area and thereby reduce the need for demolition and removal of structures, the Housing and Home Finance Administrator is hereby authorized, through the utilization of local public and private agencies where feasible, to make loans as herein provided to the owners or tenants of property in such area to finance rehabilitation required to make the [jroperty conform to applicable code requirements or to carry out the objectives of the urban renewal plan for the area. No loan shall be made under this section unless the Administrator finds (1) that the applicant is unable to secure the necessary funds from other sources upon reasonable terms and conditions, and (2) the loan is an acceptable risk taking into consideration the need for the rehabilitation, the security available for the loan, and the ability of the applicant to repay the loan. ^|^^ -pov the purposes of this section— (1) the term "rehabilitation" means the improvement or repair of a structure or facilities in connection with a structure, and may include the provision of such sanitary or other facilities as are required by applicable codes or the urban renewal plan to be provided by the owner or tenant of the property;

�


text:
Page:United States Statutes at Large Volume 78.djvu/833

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

791

(2) the term "urban renewal area" means a slum area or a blighted, deteriorated, or deteriorating area as defined in section 110(a) of the Housing Act of 1949; $2 us^c i^ecJ (3) the term "tenant" means a person or organization who is occupying a structure under a lease having a period to run at the time a rehabilitation loan is made under this section of not less than the term of the loan; and (4) the term "Administrator" means the Housing and Home Finance Administrator. (c) A rehabilitation loan made under this section shall be subject to the following limitations: (1) The loan shall be subject to such terms and conditions as may be prescribed by the Administrator. (2) The term of the loan may not exceed twenty years or threefourths of the remaining economic life of the structure after rehabilitation, whichever is less. (3) The loan shall bear interest at such rate as the Administrator determines to be appropriate but not to exceed 3 per centum per annum of the amount of the principal outstanding at any time, and the Administrator may prescribe such other charges as he finds necessary, including service charges and appraisal, inspection, and other fees. (4) The amount of the loan may not exceed— (A) in the case of residential property, the amount of a loan which could be insured by the Federal Housing Commissioner Stat, 154. under section 220(h) of the National Housing Kct: Provided, 75 USC 171.5k. 12 That, within the limitations otherwise applicable on the amount of a loan under such section, the loan may exceed the cost of rehabilitation in order to include an amount approved by the Administrator to refinance existing indebtedness secured by such property if such refinancing is necessary to enable the applicant to amortize, with a monthly payment of not more than 20 per centum of his average monthly income, such loan and any other indebtedness secured by his property; and (B) in the case of nonresidential property, whichever of the following is the least: $50,000, or the cost of rehabilitation, or an amount which when added to any outstanding indebtedness related to the property securing the loan creates a total outstanding indebtedness that the Administrator determines could be reasonably secured by a first mortgage on the property. (5) A loan shall be secured as determined by the Administrator. (d) There is authorized to be appropriated not to exceed $50,000,000 which shall constitute a revolving fund to be used by the Administrator in carrying out this section. (e) I n the performance of, and with respect to, the functions, powers, and duties vested in him by this section, the Administrator shall have (in addition to any authority otherwise vested in him) the functions, powers, and duties set forth in section 402 of the Housing 64 Stat. 78. Act of 1950 (except subsection (c)(2)). 12 USC 1749a. (f) The Administrator is authorized to delegate to or use as his agent any Federal or local public or private agency or organization to the extent he determines appropriate and desirable to carry out the objectives of this section in the area involved. (g) The Administrator is authorized to issue such rules and regulations and impose such requirements and conditions (in addition to those specified in this section) as he determines to be desirable to carry out the objectives of this section, including limitations on the amount of a loan and restrictions on the use of the property involved. 31-667 0-65—53

�


text:
Page:United States Statutes at Large Volume 78.djvu/834

 792

PUBLIC LAW 88-560-SEPT. 2, 1964

[78 STAT.

URBAN RENEWAL DEMONSTRATION PROGRAM

42 USC f452a.

42 USC'i?53'. 31 USC 529.

Ec. 313. Section 314 of the Housing Act of 1954 is amended— (1) by inserting " (a) " after "314." at the beginning of the section; (2) by inserting before the period at the end of the second sentence the following: ", but such a grant may in addition cover the full cost of writing and publishing the reports on such activities and undertakings"; (3) by inserting "activities and" before "undertakings" in the third sentence; (4) by striking out the fourth and fifth sentences; and (5) by adding at the end thereof the following new subsections: " (b) The Administrator is further authorized to pay for the cost of (1) writing and publishing reports on activities and undertakings financed by grants made under this section, as well as reports on similar activities and undertakings, not so financed, which are of significant value in furthering the purposes of this section, and (2) writing and publishing summaries and other informational material on such reports. "(c) The aggregate amount of grants made under subsection (a), and other costs incurred pursuant to subsection (b), shall not exceed $10,000,000 and shall be payable from the grant funds provided under ^^^ authorized by section 103(b) of the Housing Act of 1949. The Administrator may make advance or progress payments on account of any contract entered into pursuant to this section, notwithstanding the provisions of section 3648 of the Revised Statutes, as amended." URBAN AND REGIONAL PLANNING GRANTS

lo use 46 u

^^^: ^.^^- (^) Section 701(a) of the Housing Act of 1954 is amended by striking out "resulting from rapid urbanization" in clause (B) of paragraph (1). (b) Section 701(a) of such Act is further amended by— (1) striking out "and" at the end of paragraph (4); (2) striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and (3) adding two new paragraphs after paragraph (5) as follows: "(6) metropolitan and regional planning agencies, with the approval of the State planning agency or (in States where no such planning agency exists) of the Governor of the State, for the provision of planning assistance within the metropolitan area or region to cities, other municipalities, counties, groups of adjacent communities, or Indian reservations described in clauses (A), (B), (C), and (D) of paragraph (1) of this subsection; "(7) to official governmental planning agencies for any area where there has occurred a substantial reduction in employment opportunities as the result of (A) the closing (in whole or in part) of a Federal installation, or (B) a decline in the volume of Government orders for the procurement of articles or materials produced or manufactured in such area; and". (c) Section 701(a) of such Act is further amended by striking out " (a) " after "section 5" in paragraph(3). (d) Section 701(b) of such Act is amended by striking out the proviso in the first sentence and inserting in lieu thereof ": Provided, That such a grant may be in an amount not exceeding three-fourths of such estimated cost to an official governmental planning agency for an area described in subsection (a)(7), or for planning being carried out for a city, other municipality, county, group of adjacent communi-

�


text:
Page:United States Statutes at Large Volume 78.djvu/835

 78 STAT. ]

PUBLIC LAW 88-560-SEPT. 2, 1964

793

ties, or Indian reservation in an area designated by the Secretary of Commerce as a redevelopment area under section 5 of the Area RedevelopmentAct". P L A N N I N G GRANTS FOR I N D I A N

RESERVATIONS

SEC. 315. (a) Section 701(a) of the Housing Act of 1954 is amended by— (1) striking out "and" at the end of clause (B) of paragraph (1)5. . (2) inserting ", and (D) Indian reservations" before the semicolon at the end of paragraph (1); and (3) inserting a new paragraph after paragraph (7) (added by section 314(b)) as follows: "(8) tribal planning councils or other tribal bodies designated by the Secretary of the Interior for planning for an Indian reservation to which no State planning agency or other agency or instrumentality is empowered to provide planning assistance under clause (D) of paragraph (1) above." (b) Section 701(d) of such Act is amended by— (1) striking out "and urban regions" in the first sentence and inserting in lieu thereof "urban regions, and Indian reservations"; and (2) inserting after "instrumentalities" in the second sentence the following: ", and to Indian tribal bodies,". ELIGIBILITY OF COUNTIES FOR P L A N N I N G

ASSISTANCE

SEC. 316. Section 701(a) of the Housing Act of 1954 is amended by striking out clause (A) of paragraph (1) and inserting in lieu thereof the following: " (A) cities and other municipalities having a population of less than 50,000 according to the latest decennial census, and counties without regard to population: Provided, That grants shall be made under this paragraph for planning assistance to counties having a population of 50,000 or more, according to the latest decennial census, which are within metropolitan areas, only if (i) the Administrator finds that planning and plans for such county will be coordinated with the program of comprehensive planning, if any, which is being carried out for the metropolitan area of which the county is a part, and (ii) the aggregate amount of the grants made subject to this proviso does not exceed 15 per centum of the aggregate amount appropriated, after the date of enactment of the Housing Act of 1964, for the purposes of this section,". PLANNING

GRANT

AUTHORIZATION

S E C 317. Section 701(h) of the Housing Act of 1954 is amended by striking out "$75,000,000" in the last sentence and inserting in lieu thereof"$105,000,000". PLANNING

^2 USC 2^34.

PROBLEMS RESUI.TING FROM CHAMIZAL OF 1963

TREATY

S E C 318. Notwithstanding the provisions of section 701 of the Housing Act of 1954 with respect to the eligibility of a city for a grant thereunder, the Housing and Home Finance Administrator is authorized to make planning grants to the city of E l Paso, Texas, for the purpose of assisting it to solve those urban planning problems that have resulted or are expected to result from the Chamizal Treaty of 1963 between the United States of America and the Republic of Mexico. Any such grants shall be subject to all other conditions and requirements contained in such section 701.

^ l'^^ ^f-

�


text:
Page:United States Statutes at Large Volume 78.djvu/836

 794

PUBLIC LAW 88-560-SEPT. 2, 1964 SMALL BUSINESS ADMINISTRATION

Is use 63?"

[78 STAT.

LOANS

^ ^ - ^^^' Section 7(b)(3) of the Small Business Act is amended by inserting before the period at the end thereof the following: "; and the purposes of a loan made pursuant to this paragraph may, in the discretion of the Administrator, include the purchase or construction of other premises whether or not the borrower owned the premises from which it was displaced". TITLE IV—HOUSING FOR LOW-INCOME F A M I L I E S ELIGIBILITY

OF DISPLACED

INDIVIDUALS

SEC. 401. (a) Section 2(2) of the United States Housing Act of Anu ^p!*78T' ^^^'^ ^^ amended to read as follows: '42'use 1402. "(2) The term 'families of low income' means families (including elderly and displaced families) who are in the lowest income group and who cannot afford to pay enough to cause private enterprise in their locality or metropolitan area to build an adequate supply of decent, safe, and sanitary dwellings for their use. The term 'families' includes families consisting of a single person in the case of elderly families and displaced families, and includes the remaining member of a tenant family. The term 'elderly families' means families whose heads (or their spouses), or whose sole members, have attained the age at which an individual may elect to receive an old age benefit under title 42 USC 401-425. J J ^f ^]^g Social Security Act, or who are under a disability as defined 42 USC 423^* ^^ section 223 of that Act. The term 'displaced families' means families displaced by urban renewal or other governmental action." ^5 us^c ^4^ (^^ Section 10(g)(2) of such Act is amended by— (1) striking out "those displaced by urban renewal or other governmental action" and inserting in lieu thereof "displaced families"; and (2) striking out "; and" at the end thereof and inserting in lieu thereof the following: ": Pr(/vided, That in establishing such admission policies the public housing agency shall accord to families of low income such priority over single persons as it determines to be necessary to avoid undue hardship; and". ys^tat^^iet^^' (^^ Section 15(7)(b) of such Act is amended by striking out 42 USC 1415. "family displaced by urban renewal or other governmental action" and inserting in lieu thereof "displaced family". ADDITIONAL SUBSIDY FOR URBAN RENEWAL A N D LOW-RENT HOUSING DISPLACEES

SEC. 402. The first proviso in section 10(a) of the United States Housing Act of 1937 is amended to read as follows: ": Provided, That the Authority may, in addition to the payments guaranteed under the contract, pay not to exceed $120 per annum per dwelling unit occuied by an elderly family, or a displaced family if such family was isplaced by an urban renewal or low-rent housing project on or after January 27, 1964, on the last day of the project fiscal year where such amount, in the determination of the Authority, was necessary to enable the public housing agency to lease the dwelling unit to an elderly or displaced family at a rental it could afford and to operat© the project on a solvent basis, and, in the case of displaced families, if and to the extent that the average or estimated average rental for units so occupied by such families was less than the rental which the Authority determines, on the basis of the average or estimated average project rentals, would have been established m leasing the units to families which were neither elderly nor similarly displaced".

S

�