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Money recovered, from the pool and fountain at Dulles International Airport shall not be subject to the Act of June 30, 1949, as amended (40 U.S.C. 484m, 485a), and may be given to a nonprofit organization es Stat. ass; which, in the determination of the Administrator of the Federal Avia- ^^ ^*^*- '^^o. tion Agency, promotes and provides for the welfare of travelers in air commerce. FEDERAL COMMUNICATIONS COMMISSION SALARIES AND EXPENSES

For necessary expenses in performing the duties of the Commission as authorized by law, including land and structures (not to exceed $104,800), special counsel fees, improvement and care of grounds and repairs to buildings (not to exceed $14,500), services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but at rates for individuals not to exceed $100 per diem, not to exceed $500 for official reception and representation expenses, and purchase of not to exceed two passenger motor vehicles for replacement only, $15,600,000.

eo Stat. sio.

FEDERAL P O W E R COMMISSION SALARIES AND EXPENSES

For expenses necessary for the work of the Commission, as authorized by law, including hire of passenger motor vehicles, and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals, $11,850,000. FEDERAL TRADE COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 2131), and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $100 per diem, $12,214,750: Provided, That no part of the foregoing appropriation shall be expended upon any investigation hereafter provided by concurrent resolution of the Congress until funds are appropriated subsequently to the enactment of such resolution to finance the cost of such investigation: Provided further, That no part of the foregoing appropriation shall be used for an economic questionnaire or financial study of intercorporate relations. GENERAL ACCOUNTING OFFICE SALARIES AND EXPENSES

For necessary expenses of the General Accounting Office, including rental or lease of office space in foreign countries without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $45,700,000.

es Stat. 11 u.

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[77 STAT.

GENEKAL SERVICES ADMINISTRATION OPERATING EXPENSES, PUBLIC BUIIZHNGS SERVICE

For necessary expenses, not otherwise provided for, of real property management and related activities as provided by law; rental of buildings in the District of Columbia; restoration of leased premises; moving Government agencies (including space adjustments) in connection with the assignment, allocation, and transfer of building space; acquisition by purchase or otherwise of real estate and interests therein; and contractual services incident to cleaning or servicing buildings and moving; $210,875,000: Provided, That this appropriation shall be available to provide such fencing, lighting, guard booths, and other removable facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its function of protecting the person of the President of the United States and his immediate family, the President-elect, and the Vice President pursuant to Title 18, U.S.C. 65 Stat. 122; 76 Stat. 956.

40 USC 601 note

68 Stat. 518, 521

3056. R E P A I R AND IMPROVEMENT OF P u ^ L I C BtllLDINGS

For expenses, not otherwise provided for, necessary to alter public buildings and to acquire additions to sites pursuant to the Public Buildings Act of 1959 (73 Stat. 479) and to alter other Federallyowned buildings and to acquire additions to sites thereof, including grounds, approaches and appurtenances, wharves and piers, together with the necessary dredging adjacent thereto; and care and safeguarding of sites; preliminary planning of projects by contract or otherwise; maintenance, preservation, demolition, and equipment; $75,000,000, to remain available until expended: Provided, That for the purposes of this appropriation, buildings constructed pursuant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 356) and the Post Officc Department Property Act of 1954 (39 U.S.C. 2104 et seq.), and buildings under the control of another department or agency where alteration of such buildings is required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of General Services Administration shall be considered to be public buildings. CONSTRUCTION, PUBLIC BUILDINGS PROJECTS

For an additional amount for expenses, not otherwise provided for, necessary to construct public buildings projects and alter public buildings by extension or conversion where the estimated cost for a project is in excess of $200,000 pursuant to the Public Buildings Act of 1959 (73 Stat. 479), including equipment for such buildings, $157,600,800, and not to exceed $500,000 of this amount shall be available to the Administrator for construction of small public buildings outside the District of Columbia as the Administrator approves and deems necessary, all to remain available until expended: Provided, That the foregoing amount shall be available for public buildings projects at locations and at maximum consti-uction improvement costs (excluding funds for sites and expenses) as follows: Post office and Federal office building, Decatur, Alabama, in addition to the sum heretofore appropriated, $231,400, to provide for completion of facilities for the United States Courts; Border patrol sector headquarters, Tucson, Arizona, $319,900; Post office and courthouse. Pine Bluff, Arkansas, $2,144,600; Courthouse and Federal office building, Fresno, California, $4,902,000;

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Post office and courthouse, Newnan, Georgia, $1,023,000; Courthouse and Federal office building, Boise, Idaho, $6,841,000; Federal office building, Gary, Indiana, $1,023,000; Courthouse and Federal office building. New Albany, Indiana, $838,900; Courthouse and Federal office building (construction and alteration), London, Kentucky, $288,300; Post office and courthouse, Bangor, Maine, $3,298,700; Federal office building, Baltimore, Maryland, in addition to the sum heretofore provided, $12,512,200; Post office and courthouse (construction and alteration), Detroit, Michigan, $3,710,700; Post office and courthouse, Hannibal, Missouri, $1,634,000; Post office and Federal office building, Independence, Missouri, $1,468,500; Post office and Federal office building, Bozeman, Montana, $2,018,100; Border patrol sector headquarters, Havre, Montana, $319,000; Post office and courthouse (construction and alteration), Helena, Montana, $1,484,300; Courthouse and Federal office building. Las Vegas, Nevada, $4,325,400; Federal office building (construction and alteration), Laconia, New Hampshire, $320,900; Post office and Federal office building, Portsmouth, New Hampshire, $2,147,400; Post office and Federal office building (construction and alteration), Carlsbad, New Mexico, $328,300; Post office and Federal office building, Clovis, New Mexico, $771,900; Courthouse and Federal office building, Koswell, New Mexico, $1,422,900; Federal office building, Cleveland, Ohio, $37,860,000; Post office and Federal office building (construction and alteration), Providence, Rhode Island, $739,400; Federal office building, Charleston, South Carolina, $2,614,200; Post office and Federal office building. Alamo, Tennessee, $297,600; Post office and Federal office building, Alice, Texas, $527,300; Federal office building. Fort Worth, Texas, $14,362,000; Post office and Federal office building, Pasadena, Texas, $969,000; Border patrol sector headquarters, Swanton, Vermont, $279,000; Border patrol sector headquarters, Blaine, Washington, $302,300; Border patrol sector headquarters, Spokane, Washington, $293,900; General Services Administration, Federal records center, metropolitan area. District of Columbia, $11,815,700; Federal Office Building Numbered 5, District of Columbia, $33,666,000; Provided fv/rther, That the foregoing limits of costs may be exceeded to the extent that savings are effected in other projects, but by not to exceed 10 per centum. SrrES AND

EXPENSES, PUBLIC BTJUVDINGS PROJECTS

For an additional amount for expenses necessary in connection with the construction of public buildings projects not otherwise provided for, as specified under this head in the Independent Offices Appropriation Acts of 1959 and 1960, including preliminary planning of public 72 Stat. loee; buildings projects by contract or otherwise, $40,000,000, to remain ^^ ^*^*- ^°^available until expended. 93-025 O - 6 4 - 3 0

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PAYMEXTS, PUBLIC BTTILDINGS PURCHASE CONTRACTS

68 Stat. 518.

For payments of principal, interest, taxes, and any other obligations under contracts entered into pursuant to the Public Buildings Purcliase Contract Act of 1954 (40 U.S.C. 856), $5,200,000. EXPENSES, I'NITKD STATES COURT FACILITIES

For necessary expenses, not otherwise provided for, to provide, directly or indirectly, additional space for the United States Courts incident to expansion of facilities (including rental of buildings in the District of Columbia and elsewhere and moving and space adjustments), and furniture and furnishings; $1,030,600. OPERATING EXPENSES, FEDERAL SUPPLY SERVICE

For expenses, not otherwise provided, necessary for supply distribution, procurement, inspection, operation of the stores depot system (including contractual services incident to receiving, handling, and shipping warehouse items), and other supply management and related activities, as authorized by law, $46,000,000. GENERAL SUPI'LY F U N D

63 Stat. 38 2.

To increase the general supply fund established by the Federal Property and Administrative Services Act of 1949, as amended (5 U.S.C. 630g), $30,000,000. OPERATING EXPENSES, L'TILIZATIOX AND DISPOSAL SERVICE

For necessary expenses, not otherwise provided for, incident to the utilization and disposal of excess and surplus property, and rehabilitation of personal property, as authorized by law, $9,387,500, to be derived from proceeds from the transfer of excess property and the disposal of surplus property. OPERATING EXPENSES, NATIONAL ARCHIVES AND RECORDS SERVICE

For necessary expenses in connection with Federal records management and related activities as provided by law, including reimbursement for security guard services, and contract\ial services incident to movement or disposal of records, $14,730,000. OPERATING EXPENSES, TRANSPORTATION AND COMMUNICATIONS SERVICE

60 Stat. 810.

For necessary expenses of transportation, communications, and other public utilities management and related activities, as provided by law, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $75 per diem for individuals, $4,850,000. STRATEGIC AND CRITICAL MATERIALS

60 Stat. 596.

73 Stat. 607.

For necessary expenses in carrying out the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-98h), during the current fiscal yearj for transportation and handling, within the United States (including charges at United States ports), storage, security, and maintenance of strategic and other materials acquired for or transferred to the supplemental stockpile established pursuant to section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1704(b)), not to exceed $1,500,000 for

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carrying out the provisions of the National Industrial Reserve Act of 1948 ^50 U.S.C. 451-462), relating to machine tools and industrial 62 Stat. 1225. manufacturing equipment for which the General Services Administration is responsible, including reimbursement for security guard services, services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), and not to exceed $2,812,000 for operating eo Stat. sio. expenses, $23,925,000, to be derived from sales of strategic and critical materials: Provided, That no part of funds available shall be used for construction of warehouses or tank storage facilities: Provided further, That during the current fiscal year the General Services Administration is authorized to acquire leasehold interests in property, for periods not in excess of twenty years, for the storage, security, and maintenance of strategic, critical, and other materials and equipment held pursuant to the aforesaid Acts provided said leasehold interests are at nominal cost to the Government: Provided further, That during the current fiscal year, there shall be no limitation on the value of surplus strategic and critical materials which, in accordance with section 6(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)), eo Stat. 593. may be transferred without reimbursement to stockpiles established in accordance with said Act: Provided further, That any receipts from sales during the current fiscal year shall be promptly deposited into the Treasury except as otherwise provided herein: Provided further. That during the current fiscal year materials in the inventory maintained under the Defense Production Act of 1950, as amended, and, 54 Stat. 793. after compliance with the disposal requirements of section 3(e) of so use app. the Strategic and Critical Materials Stock Piling Act, excess materials in the national stockpile established pursuant to that Act, shall be available, without reimbursement, for transfer at fair market value to contractors as payment for expenses of refining, processing, or otherwise beneficiating materials, pursuant to section 3(c) of the Strategic and Critical Materials Stock Piling Act, into a form best suitable for 50 USC 98b. stockpiling. SALARIES AND EXPENSES,

OrncE

OF ADMINISTRATOR

For expenses of executive direction for activities under the control of the General Services Administration, $1,438,000: Provided, That not to exceed $500 shall be available for reception and representation expenses. ALLOWANCES AND OFFICE FACILITIES FOR FORMER PRESIDENTS

For carrying out the provisions of the Act of August 25, 1958 (72 Stat. 838), $300,000: Provided, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of sections (a) and (e) of such Act. ADMINISTRATIVE OPERATIONS F U N D

Funds available to General Services Administration for administrative operations, in support of program activities, shall be expended and accounted for, as a whole, through a single fund: Provided, That costs and obligations for such administrative operations for the respective program activities shall be accounted for in accordance with systems approved by the General Accounting Office: Provided further, That the total amount deposited into said account for the fiscal year 1964 from funds made available to General Services Administration in this Act shall not exceed $18,150,000: Provided further. That amounts deposited into said account for administrative operations for each program shall not exceed the amounts included in the respective program appropriations for such purposes.

3 USC 102 note.

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[77 STAT.

GENERAL PROVISIONS

61 Stat. 584.

62 Stat. 1225.

73 Stat. 479. note "^^ ^°^

63 Stat. 377. 40 USC 471

40 USC 490 "°'^-

The appropriate appropriation or fund available to the General Services Administration shall be credited with (1) cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129); (2)" reimbursements for services performed in respect to bonds and other obligations under the jurisdiction of the General Services Administration, issued by public authorities. States, or other public bodies, and such services m respect to such bonds or obligations as the Adniinistrator deems necessary and in the public interest may, upon the request and at the expense of the issuing agencies, be provided from the appropriate foregoing appropriation; and (3) appropriations or funds available to other agencies, and transferred to the General Services Administration, in connection v^ith property transferred to the General Services Administration pursuant to the Act of July 2, 1948 (50 U.S.C. 451ff), and such appropriations or funds may be so transferred, with the approval of the Bureau of the Budget. Appropriations to the General Services Administration under the heading "Construction, Public Buildings Projects" made in this Act shall be available, subject to the provisions of the Public Buildings Act of 1959 for (1) acquisition of buildings and sites thereof by purchase, condemnation, or otherwise, including prepayment of purchase contracts, (2) extension or conversion of Government-owned buildings, and (3) construction of new buildings, in addition to those set forth under that appropriation: Provided, That nothing herein shall authorize an expenditure of funds for acquisition, extension or conversion, or construction without the approval of the Committees on Appropriations of the Senate and House of Representatives. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. No part of any money appropriated by this or any other Act for any agency of the executive branch of the Government shall be used during the current fiscal year for the purchase within the continental limits of the United States of any typewriting machines except in accordance with regulations issued pursuant to the provisions of the Federal Property and Administrative Services Act of 1949, as amended. ^QI IQ exceed 2 per centum of any appropriation made available to the General Services Administration for the current fiscal year by this Act may be transferred to any other such appropriation, but no such appropriation shall be increased thereby more than 2 per centum: Provided, That such transfers shall apply only to operating expenses, and shall not exceed in the aggregate the amount of $2,000,000. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for (a) reimbursement to the General Services Administration for those expenses of renovation and alteration of buildings and facilities which constitute public improvements, performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479) or other applicable law, and (b) transfer or reimbursement to applicable appropriations to said Administration for rents and related expenses, not otherwise provided for, of providing subject to Executive Order 11035, dated July 9, 1962, directly or indirectly, suitable general purpose space for any such department or agency, in the District of Columbia or elsewhere. No part of any appropriation contained in this Act shall be used for the payment of rental on lease agreements for the accommodation

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of Federal agencies in buildings and improvements which are to be erected by the lessor for such agencies at an estimated cost of construction in excess of $200,000 or for the payment of the salary of any person who executes such a lease agreement: Provided, That the foregoing proviso shall not be applicable to projects for which a prospectus for the lease construction of space has been submitted to and approved by the appropriate Committees of the Congress in the same manner as for public buildings construction projects pursuant to the Public Buildings Act of 1959.

HOUSING AND HOME FINANCE AGENCY

437

73 Stat. 479

40 USC 601 note.

OFFICE OF THE ADMINISTRATOR SALARIES AND EXPENSES

For necessary expenses of the Office of the Administrator, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $Y5 per diem for individuals; and purchase of two passenger motor vehicles for replacement only; $15,525,000: Provided, That hereafter necessary expenses of inspections and of providing representatives at the site of projects being planned or undertaken by local public agencies pursuant to title I of the Housing Act of 1949, as amended, projects financed through loans to educational institutions authorized by title IV of the Housing Act of 1950, as amended, projects and facilities financed by loans to public agencies pursuant to title II of the Housing Amendments of 1955, as amended, urban planning financed through grants to State and local government agencies pursuant to title VII of the Housing Act of 1954, as amended, and reserves of planned public works financed through advances to municipalities and other public agencies pursuant to title VII of the Housing Act of 1954, as amended, shall be compensated by such agencies or institutions by the payment of fixed fees which in the aggregate will cover the costs of rendering such services, and expenses for such purpose shall be considered nonadministrative; and for the purpose of providing such inspections, the Administrator may utilize any agency and such agency may accept reimbursement or payment for such services from such institutions, or the Administrator, and shall credit such amounts to the appropriations or funds against which such charges have been made; but such nonadministrative expenses during the current fiscal year shall not exceed $3,250,000.

60 Stat. sio.

63 Stat. 413. 42 USC 14501464. 64 Stat. 77. 12 USC 17491749c. 69 Stat. 642. 42 USC 14911497.

68 Stat. 640. 40 USC 460-462,

URBAN PLANNING GRANTS

For grants in accordance with the provisions of section 701 of the Housing Act of 1954, as amended, $21,150,000.

73 Stat. 678. 40 USC 461.

URBAN STUDIES AND HOUSING RESEARCH

For urban studies and housing research as authorized by the Housing Acts of 1948 and 1956, as amended, including administrative expenses 62 Stat. 1268; in connection therewith, $387,400. 7o Stat. 1091. ' ^

'

12 USC 1747 note, 1703 note.

MASS TRANSPORTATION DEMONSTRATION GRANTS

For necessary expenses in connection with grants in connection with mass transportation demonstration projects, as authorized by section 103(b) of the Housing Act of 1949, as amended, including not to exceed $195,000 for administrative expenses, $5,000,000: Provided, That no part of this appropriation shall be used for administrative expenses in connection with grants to be made requiring payments in excess of the amount herein appropriated therefor.

63 Stat. 4i6. ^2 USC 1453.

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GRANTS

For expenses in connection with grants to aid in the acquisition of open-space land or interests therein, and with the provision of technical assistance to State and local public bodies (including the undertaking of studies and publication of information), $15,000,000: Provided, That not to exceed $262,000 may be used for administrative expenses and technical assistance, and no part of this appropriation shall be used for administrative expenses m connection with grants requiring payments in excess of the amount herein appropriated therefor. Low

75 Stat. 165. 42 USC 1436.

INCOME HOUSING DEMONSTRATION

For low income housing demonstration programs pursuant to section 207 of the Housing Act of 1961, $1,200,000: Provided, That not to exceed $43,000 of this appropriation may be used for administrative expenses, and no part shall be used for administrative expenses in connection with contracts to make grants in excess of the amount herein appropriated therefor. PUBLIC WORKS PLANNING

69 Stat. 641.

PROGRAMS

FUND

For the revolving fund established pursuant to section 702 of the Housing Act of 1954, as amended (40 U.S.C. 462), $2,000,000. URBAN KENEWAL F U N D (LIQUIDATION OF CONTRACT AUTHORIZATION)

63 Stat. 413.

For an additional amount for payment of grants as authorized by title I of the Housing Act of 1949, as amended (42 U.S.C. 1453, 1456), $100,000,000. HOUSING FOR THE ELDERLY HOUSING FOR THE ELDERLY FUND

73 Stat, 667.

For the revolving fund established pursuant to section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q et seq.), $100,000,000. PUBLIC HOUSING

ADMINISTRATION

ANNUAL CONTRIBUTIONS

For the payment of annual contributions to public housing agencies in accordance with section 10 of the United States Housing Act of 1937, as amended (42 U.S.C. 1410), $197,000,000. ADMINISTRATIVE EXPENSES

For administrative expenses of the Public Housing Administration, $15,484,000, to be expended under the authorization for such expenses contained in title II of this Act. I N T E R S T A T E C O M M E R C E COMMISSION SALARIES AND EXPENSES

60 Stat. 810.

For necessary expenses of the Interstate Commerce Commission, hicluding not to exceed $5,000 for the employment of special counsel; services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 56a), at rates for individuals not to exceed $100 per diem; and purchase of not to exceed thirty-one passenger motor vehicles for replacement only; $24,670,000, of which not less than $1,918,000 shall be available for expenses necessary to carry out railroad safety activi-

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ties and not less than $1,276,000 shall be available for expenses necessary to carry out locomotive inspection activities: Provided, That Joint Board memDers and cooperating State commissioners maj use Government transportation requests when traveling in connection with their duties as such. NATIONAL AEKONAUTICS AND SPACE ADMINISTRATION RESEAKCH AND DEVELOPMENT

For necessary expenses, not otherwise provided for, including research, development, operations, technical services, supplies, materials, and equipment (including the purchase of aircraft for experimental purposes) necessary for the conduct and support of aeronautical and space research and development activities, of the National Aeronautics and Space Administration; $3,926,000,000, to remain available until expended. CONSTRUCTION or FACILITIES

For advance planning, design and construction of facilities for the National Aeronautics and Space Administration and for the acquisition or condeinnation of real property, as authorized by law, $680,000,000, to remain available until expended. ADMINISTRATIVE OPERATIONS

For necessary expenses, not otherwise provided for, of the operation of the National Aeronautics and Space Administration, including uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); minor construction; supplies, materials, and equipment; awards; hire, maintenance, and operation of aircraft; purchase and hire of motor vehicles (including purchase of not to exceed twenty-four passenger motor vehicles, of which eleven shall be for replacement only); and maintenance, repair, and alteration of real and personal property; $494,000,000. GENERAL PROVISIONS

No part of any appropriation made available to the National Aeronautics and Space Administration by this Act for "Research and Development" may be used for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless (1) a period of thirty days has passed after the receipt by the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of t he Senate of notice of the nature, location, and estimated cost of such facility, or (2) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the construction of such facility. Not to exceed 5 per centum of any appropriation made available to the National Aeronautics and Space Administration by this Act may be transferred to any other such appropriation. Not to exceed $35,000 of the appropriation "Administrative Operations" in this Act for the National Aeronautics and Space Administration shall be available for scientific consultations and emergency or extraordinary expense, to be expended upon the approval or authority

es Stat. iii4.

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of the Administrator and his determination shall be final and conclusive. No part of any appropriation made available to the National Aeronautics and Space Administration by this Act shall be used for expenses of participating in a manned lunar landing to be carried out jointly by the United States and any other country without consent of the Congress. NATIONAL CAPITAL HOUSING AUTHORITY OPERATION AND MAINTENANCE OP PROPERTIES

48 Stat. 9 30. D.C. Code 5'

in

64 Stat. 81.

For the operation and maintenance of properties under title I of the District of Columbia Alley Dwelling Act, $43,000: Provided, That all receipts derived from sales, leases, or other sources shall be covered into the Treasury of the United States monthly: Provided further, That so long as funds are available from appropriations for the foregoing purposes, the provisions of section 507 of the Housing Act of 1950 (Public Law 475, Eighty-first Congress), shall not be effective. NATIONAL SCIENCE FOUNDATION SALARIES AND EXPENSES

64 Stat./149. 60 Stat. 810.

72 Stat. 275.

For expenses necessary to carry out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including award of graduate fellowships; services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); purchase of one passenger motor vehicle; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services; $353,200,000, to remain available until expended: Provided, That of the foregoing amount not less than $37,600,000 shall be available for tuition, grants, and allowances in connection with a program of supplementary training for secondary school science and mathematics teachers: Provided further, That not to exceed $1,000,000 of the foregoing appropriation may be used to purchase foreign currencies which accrue under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), for the purposes authoHzed by section 104(k) of that Act: Provided further, That no part of the foregoing appropriation may be transferred to any other agency of the government for research without the approval of the Bureau of the Budget. KENEGOTIATION BOAED SALARIES AND EXPENSES

For necessary expenses of the Renegotiation Board, including hire of passenger motor vehicles and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $2,550,000. S E C U R I T I E S A N D E X C H A N G E COMMISSION SALARIES AND EXPENSES

68 Stat. 1114.

For necessary expenses, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 2131), purchase of one passenger motor vehicle, and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $100 per diem, $13,937,500.

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SELECTIVE SERVICE SYSTEM SALARIES AND EXPENSES

For expenses necessary for the operation and maintenance of the Selective Service System, as authorized by title I of the Universal Military Training and Service Act (62 Stat. 604), as amended, includ- so use app. 451 ing services as authorized by section 15 of the Act of August 2, 1946 "°'^(5 U.S.C. 55a); purchase of seventeen passenger motor vehicles for 60 Stat. sio. replacement only, including one medium sedan at not to exceed $3,000; not to exceed $62,000 for the National Selective Service Appeal Board; and $38,000 for the National Advisory Committee on the Selection of Physicians, Dentists, and Allied Specialists; $37,940,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be 31 USC ees. necessary in the interest of national defense. VETEEANS

ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Veterans Administration, not otherwise provided for, including expenses incidental to securing employment for war veterans; uniforms or allowances therefor, as authorized by law; not to exceed $1,000 for official reception and representation expenses; reimbursement of the Department of the Army for the services of the officer assigned to the Veterans Administration to serve as Assistant Deputy Administrator; and reimbursement of the General Services Administration for security guard service; $159,750,000: Provided, That no part of this appropriation shall be used to pay in excess of twenty-two persons engaged in public relations work: Provided further, That no part of this appropriation shall be used to pay educational institutions for reports and certifications of attendance at such institutions an allowance at a rate in excess of $1 per month for each eligible veteran enrolled in and attending such institution. MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES

For expenses necessary for administration of the medical, hospital, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, $14,800,000. MEDICAL AND PROSTHETIC RESEARCH

For expenses necessary for carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until expended, $33,742,000, of which $1,170,000 shall be for prosthetic research and development activities. MEDICAL CARE

For expenses necessary for the maintenance and operation of hospitals and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration including care and treatment in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational articles and facilities; maintenance, operation and acquisition of farms and burial grounds; repairing, altering, improving or providing facilities in the several hospitals and homes under the juris-

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68 Stat. 1114. 72 Stat. 1146.

PUBLIC LAW 88-215-DEC. 19, 1963

[77 STAT.

diction of the Veterans Administration, not otherwise provided for, either by contract, or by the hire of temporary employees and purchase of materials; purchase of eighty-eight passenger motor vehicles for replacement only; uniforms or allowances therefor as authorized by law (5 U.S.C. 2131); and aid to State homes as authorized by section 641 of title 38, United States Code; $1,081,186,000, plus reimbursements: Provided, That allotments and transfers may be made from this appropriation to the Department of Health, Education, and Welfare (Public Health Service), the Army, Navy, and Air Force Departments, for disbursements by them under the various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans Administration. COMPENSATION AND PENSIONS

72 Stat. 1169.

43 Stat. 125, 128

For the payment of compensation, pensions, gratuities, and allowances (including burial awards authorized by section 902 of title 38, United States Code, and subsistence allowances for vocational rehabilitation), authorized under any Act of Congress, or regulation of the President based thereon, including emergency officers' retirement pay and annuities, the administration of which is now or may hereafter be placed in the Veterans Administration, and for the payment of adjusted-service credits as provided in sections 401 and 601 of the Act of May 19, 1924, as amended, $3,921,000,000, to remain available until expended. READJUSTMENT BENEITTS

For the payment of benefits to or on behalf of veterans as authorized by part VIII, Veterans Regulation No. 1 (a), as saved from repeal by 38 USC note section 12(a) of the Act of September 2, 1958 (72 Stat. 1264), and ^'72"s?at^ii67 et chapters 21, 33, 35, 37, and 39 of title 38, United States Code, and seq. ^ ' ° for supplies, equipment, and tuition authorized by chapter 31 of title 38, United States Code, $67,000,000, to remain available until expended. VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, for national service life insurance, for servicemen's indemnities, and for service-disabled veterans insurance, $30,200,000, to remain available until expended. CONSTRUCTION OF HOSPITAL AND DOMICILIARY FAciLmES

72 Stat. 1251. 69 Stat. 211.

For hospital and domiciliary facilities, for planning and for major alterations, improvements, and repairs and extending any of the facilities under the jurisdiction of the Veterans Administration or for any of the purposes set forth in sections 5001, 5002, and 5004, title 38, United States.Code, $76,796,000, to remain available until expended: Provided, That the limitation under the head "HOSPITAL AND DOMICILIARY EAciLiTiEs" in the Independent Offices Appropriation Act, 1956, on the amount available for technical services for rehabilitation of the neuropsychiatric hospital at Downey, Illinois, is reduced from $2,063,225 to $1,575,000. GRANTS TO THE REPUBLIC OF THE P H I L I P P I N E S

72 Stat. 1145.

For payment to the Republic of the Philippines of grants in accordance with sections 631 to 634 of title 38, United States Code, for expenses incident to medical care and treatment of veterans, $310,000.

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PUBLIC LAW 88-215-DEC. 19, 1963

STAT.]

443

LOAN GUARANTY REVOLVING F U N D

During the current fiscal year, the Loan guaranty revolving fund shall be available for expenses, but not to exceed $300,000,000, for property acquisitions and other loan guaranty and insurance operations under Chapter 37, title 38, United States Code, except adminis- ii Stat. 1203; trative expenses, as authorized by section 1824 of such \A^^'. Provided, ^^rusc^^is'oiThat the retained earnings of the Direct loans to veterans and reserves is25. levolving fund shall be available, during the current fiscal year, for transfer to said Loan guaranty revolving fund in such amounts as may be necessary to provide for the foregoing expenses. ADMINISTRATIVE PROVISIONS

Not to exceed 5 per centum of any appropriation for the current fiscal year for "Compensation and pensions", "Readjustment benefits", and "Veterans insurance and indemnities" may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented. Appropriations available to the Veterans Administration for the current fiscal year for salaries and expenses shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a).

60 Stat. 810.

The appropriation available to the Veterans Administration for the current fiscal year for "Medical care" shall be available for funeral, burial, and other expenses incidental thereto (except burial awards authorized by section 902 of title 38, United States Code), for beneficiaries of the Veterans Administration receiving care under such appropriations. No part of the appropriations in this Act for the Veterans Administration (except the appropriation for "Construction of hospital and domiciliary facilities") shall be available for the purchase 01 any site for or toward the construction of any new hospital or home. No part of the foregoing appropriations shall be available for hospitalization or examination or any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. INDEPENDENT

OFFICES—GENERAL

72 Stat. iieq.

PROVISIONS

SEC. 102. Where appropriations in this title are expendable for Travel extravel expenses of employees and no specific limitation has been placed p«"ses. thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System, to travel performed in connection with the investigation of aircraft accidents by the Civil Aeronautics Board, to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration, or to payments to interagency motor pools where separately set forth in the budget schedules. SEC. 103. No part of any appropriation contained "in this title shall Positions of embe available to pay the salary of any person filling a position, other Ar°med Vorces'"^ than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than

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[77 STAT.

one year made application for restoration to his former position and has been certified by the Civil Service Commission as still qualified to perform the duties of his former position and has not been restored thereto. Real estate purSEC, 104. No part of any appropriation made available by the prochase or sale, re- yisious of this title shall be used for the purchase or sale of real estate or for the purpose of establishing new offices outside the District of Columbia: Provided, That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor. TITLE II—CORPORATIONS

61 Stat. 584. 31 USC 849.

The following corporations and agencies, respectively, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Governmeut Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Budget for the current fiscal year for each such corporation or agency, except as hereinafter provided:

FEDERAL HOME LOAN BANK BOARD LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL HOME LOAN B A N K BOARD

60 Stat. 810. 68 Stat. 1114.

47 Stat. 729, ^8 st^a? 6?4^' 12 usV 1464. 64 Stat. 259; ^\2 USC^730, 1730a. ' 47 Stat. 7 25. 12 USC 1421.

Not to exceed a total of $2,430,000 shall be available for administrative expenses of the Federal Home Loan Bank Board, which may procure services as authorized by section 15 of the Act of A u ^ s t 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with the Act of September 1, 1954, as amended (5 U.S.C. 2131-2133), and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment for services and facilities of the Federal home-loan banks, the Federal Reserve banks, the Federal Savings and Loan Insurance Corporation, and other agencies of the Government (including payment for office space): Provided, That all necessary expenses in connection with the conservatorship of institutions insured by the Federal Savings and Loan Insurance Corporation or preparation for or conduct of proceedings under section 6(i) of the Federal Home Loan Bank Act or under section 5(d) of the Home Owners' Loan Act of ^^^^ ^^ section 407 or 408 of the National Housing Act and all necessary expenses (including services performed on a contract or fee basis, but uot iucluding othcr personal services) in connection with the handling, including the purchase, sale, and exchange, of securities on behalf of Federal home-loan banks, and the sale, issuance, and retirement of, or payment of interest on, debentures or bonds, under the Federal Home Loan Bank Act, as amended, shall be considered as nonadministrative expenses for the purposes hereof: Provided further, That members and alternates of the Federal Savings and Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid not to exceed $25 per diem in lieu of subsistence: Provided further, That expenses of any functions of supervision

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STAT.]

PUBLIC LAW 88-215-DEC. 19, 1963

(except of Federal home-loan banks) vested in or exercisable by the Board shall be considered as nonadministrative expenses: Provided further, That not to exceed $1,000 shall be available for official reception and representation expenses: Provided further, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.S.C. 1421-1449): Provided further, That the nonadministrative expenses (except those included in the first proviso hereof) for the supervision and examination of Federal and State chartered institutions (other than special examinations determined by the Board to be necessary) shall not exceed $12,800,000 for not to exceed 1,000 positions.

445

47 Stat. 725.

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION

Not to exceed $1,315,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or preparation for or conduct of proceedings under section 407 or 408 of the National Housing Act, liquidation or handling of assets of or 64 Stat. 259; •'derived from insured institutions, payment of insurance, and action ^^12 USCV73o for or toward the avoidance, termination, or minimizing of losses in 1730a. the case of insured institutions, legal fees and expenses, and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payment for services and facilities of the Federal home-loan banks, the Federal Reserve banks, the Federal Home Loan Bank Board, and other agencies of the Government: Provided, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724-I730a). 48 Stat. 1255.

HOUSING AND HOME FINANCE AGENCY LIMITATION ON ADMINISTRATIVE EXPENSES, OFFICE OF THE ADMINISTRATOR, COLLEGE HOUSING LOANS

Not to exceed $1,903,000 shall be available for all administrative expenses of carrying out the functions of the Administrator under the program of housing loans to educational institutions (title IV of the Housing Act of 1950, as amended, 12 U.S.C. 1749-1749d), but this amount shall be exclusive of payment for services and facilities of the Federal Reserve banks or any member thereof, the Federal home-loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).

64 Stat. 77.

64 Stat. 873.

LIMITATION ON ADMINISTRATIVE EXPENSES, OFFICE OF THE ADMINISTRATOR, PUBLIC FACILITY LOANS

Not to exceed $1,220,000 of funds in the revolving fund established pursuant to title II of the Housing Amendments of 1955, as amended, 69 Stat. 642. shall be available for administrative expenses, but this amount shall j.gy"^^ ^^^^' be exclusive of payment for services and facilities of the Federal

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64 Stat. 873.

PUBLIC LAW 88-215-DEC. 19, 1963

[77 STAT.

Eeserve banks or any member thereof, the Federal home-loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831). LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, OFFICE OF THE ADMINISTRATOR, HOUSING FOR THE ELDERLY

73 Stat. 667.

Not to exceed $885,000 of funds in the revolving fund established I)ursuant to section 202 of the Housing Act of 1959, as amended (12 U.S.C. ITOlq ct seq.), shall be available for administrative and nonadministrative expenses, but this amount shall be exclusive of payment for services and facilities of the Federal National Mortgage Association, the Federal Keserve banks or any member thereof, the Federal home-loan banks and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831). LIMITATION ON ADMINISTRATIVE EXPENSES, OFFICE or THE ADMINISTRATOR, REVOLVING F U N D (LIQUIDATING PROGRAMS)

During the current fiscal year not to exceed $135,000 shall be available for administrative expenses, but this amount shall be exclusive of expenses necessary in the case of defaulted obligations to protect the interests of the Government and legal services on a contract or fee basis and of payment for services and facilities of the Federal Reserve banks or any member thereof, any servicer approved by the Federal National Mortgage Association, the Federal home-loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831). LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL NATIONAL MORTGAGE ASSOCIATION

Not to exceed $8,750,000 shall be available for administrative expenses, which shall be on an accrual basis, and shall be exclusive of interest paid, expenses (including expenses for fiscal agency services performed on a contract or fee basis) in connection with the issuance and servicing of securities, depreciation, properly capitalized expenditures, fees for servicing mortgages, expenses (including services performed on a force account, contract, or fee basis, but not including other personal services) in connection with the acquisition, protection, operation, maintenance, improvement, or disposition of real or personal property belonging to said Association or in which it has an interest, cost of salaries, wages, travel, and other expenses of persons employed outside of the continental United States, expenses of services performed on a contract or fee basis in connection with the performance of legal services, and all administrative expenses reimbursable from other Government agencies, and said Association may utilize and may make payment for services and facilities of the Federal Reserve banks and other agencies of the Government: Provided, That the distribution of administrative expenses to the accounts of the Association shall be made in accordance with generaHy recognized accounting principles and practices. LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL HOUSING ADMINISTRATION

For administrative expenses in carrying out duties imposed by or pursuant to law, not to exceed $9,500,000 of the various funds of the Federal Housing Administration shall be available, in accordance with

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 77 STAT. ]

PUBLIC LAW 88-215-DEC- 19, 1963

ilie National Housing Act, as aiueiuled (12 U.S.(,\ 1701), including uniforms or allowances therefor, as authorized by (he Act of September 1, 1954, as amended (5 U.S.C. 2131): Provided, That funds shall be available for contract actuarial services (not to exceetl $1,500): Provided further, That nonadministrative expenses of all kinds regardless of source classified by section 2 of Public Law 387, approved October 25, 1949, including all appraisal fees regardless of source or method of financing shall not exceed $76,565,000: Provided further, That the foregoing limitation shall not apply to fees and other expenses paid by and between private parties in connection with cases pix)cessed under \\\^ Certified Agency Program.

447 48 Stat. 1246. 68 Stat. 1114.

63 Stat. 905. 12 USC 1702.

LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, PUBLIC HOUSING ADMINISTRATION

Not to exceed the amount appropriated for such expenses by title I of this Act shall be available for the administrative expenses of the Public Housing Administration in carrying out the provisions of the United States Housing Act of 1937, as amended (42 U.S.C. 14011433), including purchase of uniforms, or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131): Provided, That necessary expenses of providing representatives of the Administration at the sites of non-Federal projects in connection with the construction of such non-Federal projects by public housing agencies with the aid of the Administration, shall be compensated by such agencies by the payment of fixed fees which in the aggregate in relation to the development costs of such projects will cover the costs of rendering such services, and expenditures by the Administration for such purpose shall be considered nonadministrative expenses, and funds received from such payments may be used only for the payment of necessary expenses of providing representatives of the Administration at the sites of non-Federal projects: Provided further. That all expenses of the Public Housing Administration not specifically limited in this Act, in carrying out its duties imposed by law, shall not exceed $1,420,000.

50 Stat. 888. 68 Stat. 1114.

TITLE III—GENEKAL PROVISIONS SEC. 301. No part of any appropriation contained in this Act, or of publicity or (he funds available for expenditure by any corporation or agency propaganda. included in this Act, shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the Congress. SEC. 302. No part of any appropriation contained in this Act, or Personnel work. of the funds available for expenditure by any corporation or agency included in this Act, shall be used to pay the compensation oi any employee engaged in personnel work in excess of the number that would be provided by a ratio of one such employee to one hundred and thirty-five, or a part thereof, full-time, part-time, and intermittent employees of the corporation or agency concerned: Provided, That for purposes of this section employees shall be considered as engaged in personnel work if they.spend half time or more in personnel administration consisting of direction and administration of the personnel program; employment, placement, and separation; job evaluation and classification; employee relations and services; wage 'bdministration; and processing, recording, and reporting. SEC. 303. None of the funds provided herein shall be used to pay Research projany recipient of a grant for the conduct of a research project an e c t s. amount for indirect expenses in connection with such project in excess of 20 per centum of the direct costs.

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Short title.

PUBLIC LAW 88-216- DEC. 19, 1963

[77

STAT.

SEC. 304. None of the funds appropriated in this Act shall be used to conduct or assist in conducting any program (including but not limited to the payment of salaries, administrative expenses, and the conduct of research activities) related directly or indirectly to the establishment of a national service corps or similar domestic peace corps type of program. This Act amy be cited as the "Independent Offices Appropriation Act, 1964". Approved December 19, 1963.

Public Law 88-216 December 19, 1963

[H. R. 4479]

California. Mineral rights, conveyance.

AN ACT tj^Q provide for the coiiveyance to the State of Califoruin of rertain mineral rijtht^ reserved to the United States in certain real property in California.

Be it enacted by the Senate and IIouHe of Representatives of the United States of America in Congress assembled, That, upon application therefor by the State of California within one year from the effective date of this Act, the Secretary of the Interior is authorized to convey to the State of Californiaj upon payment of the sum of (1) the fair market value as of the effective date of this Act as determined by the Secretary of the Interior, and (2) the administrative costs of the conveyance as determined by the Secretary of the Interior, all right, title, and interest in and to the coal and other minerals heretofore reserved to the United States in the real property described in section 2 of this Act, subject to any valid existing rights. SEC. 2. The real property referred to in the first section of this Act, located in the State of California, is more particularly described as follows: Northeast quarter and east half northwest quarter, section 29, township 20 south, range 3 east. Mount Diablo base and meridian, State of California. Approved December 19, 1963. Public Law 88-217

December 21, 1963 [H. R. 5495]

Binghamton, New York. Claims settlement.

AN ACT For the relief of the city of Binghamton, New York.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the city of Binghamton, New York, the sum of $10,130. The payment of such sum shall be in full settlement of all the claims of the city of Binghamton and Our Lady of Lourdes Memorial Hospital against the United States for payment of civil defense matching funds for an emergency generator for an addition to such hospital which payment was not made in the fiscal year ending June 30, 1961, because funds were not available for such purpose, and cannot now be made because of regulations which prohibit the retroactive pa^p^ment of such funds: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agency or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty oi a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved December 21, 1963.

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PUBLIC LAW 88-218-DEC. 21, 1963

449

Public Law 88-218 AN ACT

December 21, 1963

To provide for the creation of horizontal property regimes in the District of Columbia.

[H. R. 4276]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, Horizontal propi n c l u d i n g the following t a b l e of contents, may b e cited a s the D^^t^tct ° / ^ " H o r i z o n t a l Property Act of the District of C o l u m b i a ". lumbia'l ° "" TABLE OF CONTENTS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. See.

1. 2. 3. 4, 5. 6.

Short title. Definitions. Horizontal property regimes. Status of condominium units within a horizontal property regime. Joint tenancies, tenancies in common, tenancies by the entirety. Ownership of condominium units, of common elements; declaration; voting; individual unit deed^. 7. Indivisibility of common elements; limitation upon partition. 8. Use of elements held in common, right to repair common elements. 9. Condominium subdivision. 10. Reference to plat. 11. Termination and waiver of regime. 12. Merger no bar to reconstitution. 13. Bylaws, availability for examination. 14. Necessary contents of bylaws; modification of system. 15. Books of receipts and expenditures; availability for examination. 16. Common profits, contributions for payment of common expenses of administration and maintenance. 17. Priority of liens. 18. Joint and several liability of purchaser and seller for amounts owing under section 16; purchaser's recovery, purchaser's or lender's right to a statement setting forth amount due. 19. Supplementary method of enforcement of lien. 20. Insuring building against risks; individual rights of co-owners. 21. Application of insurance proceeds to reconstruction; pro rata distribution in certain cases; rules governing. 22. Sharing of reconstruction cost where building is not insured or insurance indemnity is insufficient. 23. Separate taxation. 24. Actions; right to separate release of judgment. 25. Mechanics' and materialmen's liens, enforcement thereof; removal from lien; effect of part payment. 26. Nonapplication of rule against perpetuities and of rule against unreasonable restraints on alienation to horizontal property regimes. 27. Supplement of existing code provisions. 28. Regulations of the Board of Commissioners and the zoning commission. 29. Interpretation. 30. Supplemental provisions relating to sewer and water services. 31. Authority of Board of Commissioners under Reorganization Plan Numbered 5 of 1952. 32. Severability. 33. Effective date.

SEC. 2. DEFINITIONS.—Unless it is plainly evident from the context that a different meaning is intended, as used herein— (a) " U n i t " or "condominium unit" means an enclosed space, consisting of one or more rooms, occupying all or part of a floor in buildings of one or more floors or stories regardless of whether it be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use, and shall include such accessory units as may be appended thereto, such as garage space, storage space, balcony, terrace or p a t i o: Provided, That said unit has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare. (b) "Condominium" means the ownership of single units in a multiunit structure with common elements. 93-025 0-64-31

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D.c. Code 45501.

PUBLIC LAW 88-218-DEC. 21, 1963

[77 STAT.

(c) ConclomiIlium project" means a real estate condominium project; a plan or project whereby five or more apartments, rooms, office spaces, or other units in existing or proposed buildings or structures are offered or proposed to be offered for sale. (d) "Co-owner means a person, persons, corporation, trust, or other legal entity, or any combination thereof, that owns a condominium unit within the building. (e) "Council of co-owners means the co-owners as defined in subsection (d) of this section, acting as a group in accordance with the provisions of this Act and the bylaws and declaration established thereunder; and a majority, as dehned in subsection (k) of this section, shall, except as otherwise provided in this Act, constitute a (quorum for the adoption of decisions. (f) "General common elements except as otherwise provided in the plat of condominium subdivision, means and includes— (1) the land on which the building stands in fee simple or leased provided that the leasehold interest of each unit is separable from the leasehold interests of the other units; {'2) the foundations, main walls, roofs, halls, columns, girders, beams, supports, corridors, fire escapes, lobbies, stairways, and entrance and exit or communication ways; (8) the basements, flat roofs, yards, and gardens except as otherwise provided or stipulated; (4) the premises for lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated; (5) the compartments or installations of central services such as power, light, gas, cold and hot water, heating, central air conditioning or central refrigeration, swimming pools, reservoirs, water tanks and pumps, and the like; (6) the elevators, garbage and trash incinerators and, in general, all devices or installations existing for common use; and (7) all other elements of the building rationally of common use or necessary to its existence, upkeep, and safety. (g) "Limited common elements" means and includes those common elements which are agreed upon by all the co-ownere to be reserved for the use of a certain number of condominium units, such as special corridors, stairways, and elevators, sanitary services common to the apartments of a particular floor, and the like. (h) "Majority of co-owners", "two-thirds of the co-owners", and "three-fourths of the co-owners" mean, respectively, 51, 66%, and 75 per centum or more of the votes of the co-owners computed in accordance with their percentage interests as established under section 6 of this Act. (i) "Plat of condominium subdivision" means the plat of the surveyor of the District of Columbia establishing the condominium units, accessory units, general common elements, and limited common elements. (j) "Person" means a natural individual, corporation, trustee, or other legal entity or any combination thereof. (k) "Developer" means a person that undertakes to develop a real estate condominium project. (1) "Property" means and includes the lands whether leasehold, if separable as defined in (f)(1) of this section, or in fee simple, the building, all improvements and structures thereon, and all easements, rights, and appurtenances thereunto belonging. (m) "To record" means to record in accordance with the provisions of section 499 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (31 Stat. 1189, 1268).

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PUBLIC LAW 88-218-DEC. 21, 1963

(n) "Common expenses" means and includes— (1) all sums lawfully assessed against the unit owners by the council of co-owners; (2) expenses of administration, maintenance, repair, or replacement of the common areas and facilities, including repair and replacement funds as may be established; (3) expenses agreed upon as common expenses by the council of co-owners; (4) expenses declared common expenses by the provisions of this Act or by the bylaws. (o) "Common profits" means the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after deduction of the common expenses. (p) All words used herein include the masculine, feminine, and neuter genders and include the singular or plural numbers, as the case may be. SEC. 3. HORIZONTAL PROPERTY REGIMES.—"Whenever the owners or the co-owners of any square or lot shall subdivide the same into a condominium project in conformity with section 9 of this Act with a plat of condominium subdivision there shall be established a horizontal property regime. SEC. 4. STATUS or (CONDOMINIUM T^NITS W I T H I N A HORIZONTAL PROPERTY REGIME.—Once the property is subdivided into the hori-

zontal property regime, a condominium unit in the building may be individually conveyed, leased, and encumbered and may be inherited or devised by will, as if it were sole and entirely independent of the other condominium units in the building of which it forms a part; the said separate units shall have the same incidents as real property and the corresponding individual titles and interests therein shall be recordable. SEC. 5. JOINT TENANCIES, TENANCIES I N COMMON, TENANCIES BY

THE ENTIRETY.—Any condominium unit may be held and owned by more than one person as joint tenants, as tenants in common, as tenants by the entirety (in the case of husband and wife), or in any other real property tenancy relationship i*ecognized under the laws of the District of Columbia. SEC. 6. OWNERSHIP OF CONDOMINIUM U N I T S, OF COMMON E L E MENTS; DECLARATION; VOTING; iNDivmuAL L'NIT DEEDS.—(a) A

condominium unit owner shall have the exclusive fee simple ownership of his unit and shall have a common right to a share, with the other co-owners, of an undivided fee simple interest in the common elements of the property, equivalent to the percentage representing the value of the unit to the value of the whole property. (b) Said percentage interest shall not be separated from the unit to which it appertains. (c) The individual percentages shall be established at the time the horizontal property regime is constituted by the recording among the land records of the District of Columbia, of a declaration setting forth said percentages, shall have a permanent character, and shall not be changed without the acquiescence of the co-ownei^s representing all the condominium units in the building, which said change shall be evidenced by an appropriate amendatory declaration to such effect recorded among the land records of the District of Columbia. Said share interest shall be set forth of record, in the initial individual condominium unit deeds. Said share interests in the common elements shall, nevertheless, be subject to mutual rights of ingress, egress, and regress of use and enjoyment of the other coowners and a right of entry to officers, agents, and employees of the Government of the United States and the government of the District of Columbia acting in the performance of their official duties.

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(d) The said basic value of said undivided common interest shall be fixed for the purposes of this Act and shall not fix the market value of the individual condominium units and undivided share interests and shall not prevent each co-owner from fixing a different circumstantial value to his condominium unit and undivided share interest in the common elements, in all types of acts and contracts. (e) In addition to the foregoing provisions, the declaration may contain other provisions and attachments relating to the condominium and to the units which are not inconsistent with this Act. (f) Voting at all meetings of the co-owners shall be on a percentage basis, and the percentage of the vote to which each co-owner is entitled shall be the individual percentage assigned to his unit in the declaration. (g) Individual condominium unit deeds may make reference to this Act, the condominium subdivision and land subdivision plats referred to in section 10 hereof, the declaration provided for in this section, the bylaws of the council of co-owners, and the deeds may include any further details which the grantor and grantee may deem desirable to set forth consistent with the declaration and this Act. SEC. 7. INDIVISIBILITY OF COMMON ELEMENTS; LIMITATION U P O N

Poat. p. 618, D.c. Code 161301-, 21- 213.

PARTITION.—(a) The common elements, both general and limited, shall remain undivided. No unit owner, or any other person, shall bring any action for partition or division of the co-ownership permitted under section 93 and related provisions of the Act of March 3, 1901 (31 Stat. 1203), as amended by the Act of June 30, 1902 (32 Stat. 523, ch. 1329), against any other owner or owners of any interest or interests in the same horizontal property regime so as to terminate the regime. (b) Nothing contained in this section shall be construed as a limitation on partition by the owners of one or more units in a regime as to the individual ownership of such unit or units without terminating the regime or as to the ownership of property outside the regime: Provided, That upon partition of any such individual unit the same shall be sold as an entity and shall not be partitioned in kind. SEC. 8. U S E OF ELEMENTS HELD I N COMMON, E I G H T To EEPAER COMMON ELEMENTS.—(a) Each co-owner may use the elements held

D.c. Code 1620

in common in accordance with the purposes for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners. (b) The manager, board of directors or of administration, as the case may be, shall have an irrevocable right and an easement to enter units to make repairs to common elements or when repairs reasonably appear to be necessary for public safety or to prevent damage to property other than the unit. SEC. 9. CONDOMINIUM SUBDIVISION.—(a) Whenever the owner or the co-owners of any square or lot duly subdivided in conformity with section 1581 of the Act of March 3, 1901 (31 Stat. 1425), or other applicable laws of the District of Columbia, shall deem it necessary to subdivide the same into a condominium project of convenient condominium units for sale and occupancy and means of access for their accommodation, he may cause a plat or plats to be made by the surveyor of the District of Columbia, on which said plats, together, shall be expressed— (1) the ground dimensions as set forth under such section 1581 and the exterior lengths of all lines of the building; (2) for each floor of the condominium subdivision, the number or letter, dimensions, and l e n ^ h s of finished interior surfaces of unit dividing walls of the individual condominium units; the

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elevations (or average elevation, in case of sliglit variance) from a fixed known point, of finished floors and of finished ceilings of such condominium units situate upon the same floor, and further expressing the area, the relationsliip of each unit to the other upon the same floor and their relationsliip to the common elements upon said floor; (3) the dimensions and lengths of the interior finished surface of walls, elevations, from said same fixed known point, of the finished floors and of the finished ceilings of the general conmion elements of the building, and, in proper case, of the limited common elements restricted to a given number of condominium units, expressing which are those units; (4) any other data necessary for the identification of the individual condominium units and the general and limited common elements. (b) And said cm-ners or co-owners may certify such condominium subdivisions under their hands and seals in the presence of two credible witnesses, upon the same plat or on a paper or a parchment attached thereto. And the same shall thereupon be put up, labeled, indexed, and preserved for record and deposit with the office of the suiTeyor for the District of Columbia in like manner as land subdivisions have been heretofore recorded or in such other books as the said surveyor may prescribe. SEC. 10. REFERENCE TO PLAT.—When a plat of a condominium project and subdivision shall be so certified, examined, and recorded, the l)urchaser of any condominium unit thereof or any person interested therein, may refer to the plat and record for description in the same manner as to squares and lots divided between the Commissioners and the original jjroprietors and in the same manner as has been heretofore the practice for land subdivisions: Provided. That said purchaser or other person interested therein shall also make reference to the plat of land subdivision appearing prior to the establishment of the condominium subdivision thereupon. Any such conveyance of an individual condominium unit shall be deemed to also convey the undivided interest of the owner in the common elements, both general and limited, and of any accessory units, if any, appertaining to said condominium unit without specifically or particularly referring to the same. SEC. 11. TERMINATION AND WAIVER OF REGIME.— (a)

All

the

co-

owners or the sole owner of a building constituted into a horizontal property regime may terminate and waive this regime and regroup or merge the individual and several condominium units with the l)rincipal property; such teiTuination and waiver shall be by certification to such eft'ect upon the plat of condominium subdivision establishing the particular horizontal property regime under the hands and seals of the said sole owner or co-owners, in the presence of two credible witnesses, ujx)!! the same plat or upon a paper or parchment attached thereto: Provided. That the said individual condominium units are unencumbered, or if encumbered, that the creditors in whose behalf the encumbrances are recorded agree to accept as security the undivided interest in the property of the debtor co-owner and said creditors or trustees under duly recorded deeds of trust, shall signify their assent to such termination and waiver upon the aforesaid plat, paper, or parchment: Provided further, That should the buildings or other improvements in a condominium project be more than twothirds destroyed by fire or other disaster, the co-owners of threefourths of the condominium project may waive and terminate the horizontal property regime and may certify to such termination and waiver: Provided further. That if within ninety days of the date of such damage or destiniction:

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(1) the council of co-owners does not determine to repair, reconstruct or rebuild as provided in sections 21 and 22 of this Act, or, (2) the insurance indemnity is delivered pro rata to the co-owners in conformity with the pix)A'isions of section 21 of this Act and if the co-owners do not terminate and waive the regime in conformity with this section of this Act, then any unit owner or any other person aggrieved thereby may file a petition in the United States District Court for the District of Columbia, setting forth under oath such facts as may be necessary to entitle the petitioner to the relief prayed and praying judicial termination of the horizontal property regime. Said petition may be served as provided in section 14(g) of this Act. The court may thereupon lay a rule upon the council of co-owners, unless they shall voluntarily appear and admit the allegations of the petition, to show cause, under oath, on or before the tenth day, exclusive of Sundays and legal holidays, after service of such rule, why the prayers of said petition should not be granted. If no cause be shown against the prayer of the petition by the council of co-owners, or by any one of the co-owners, the court may determine in a summary way whether the facts warrant termination and thereupon the court may decree the particular horizontal property regime terminated. (b) In the event a horizontal property regime is terminated or waived, the property shall be deemed to be owned in common by the co-owners, and the undivided interest in the property owned in common which shall appertain to each co-owner shall be the percentage of undivided interest previously owned by such co-owner in the common elements in the property as set forth in the declaration under section 6 hereof. (c) Upon such termination and waiver the provisions of section 10 of this Act shall no longer be applicable and reference to the principal property thereupon, shall be to the plat and record of the prior land subdivision and thereupon the restraint against partition or division of the co-ownership imposed by section 7 of this Act shall no longer apply. In the event of such partition suit the net proceeds shall be divided among all the unit owners, in proportion to their respective undivided ownership of the common elements, after first paying off, out of the respective shares of the unit owners, all liens on the unit of each unit owner. To be valid such termination shall be recorded among the land records of the District of Columbia. SEC. 12. MERGER No BAR TO EECONSTITUTION.—The merger provided for in the preceding section shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of the provisions of this Act. SEC. 13. BYLAWS, AVAILABILITY FOR EXAMINATION.—(a)

The

ad-

ministration of every building constituted into a horizontal property regime shall be governed by the bylaws as the council of co-owners may from time to time adopt, which said bylaws together with the declaration, including recorded attachments thereto, referred to in section 6 of this Act shall be available for examination by all the co-owners, their duly authorized attorneys or agents, at convenient hours on working days that shall be set and announced for general knowledge. (b) A true copy of said bylaws shall be annexed to the declaration referred to in section 6 of this Act and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and such amendment is duly recorded.

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(c) Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time. Failure to comply with any of the same shall be ground for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the manager, the administrator, board of directors or of administration, or as specified in the bylaws or in proper case, by an aggrieved unit owner. SEC. 14. NECESSARY CONTENTS OF BYLAWS; MODIFICATIOX OF SYS-

TEM.—(a) The bylaws must necessarily provide for at least the following: (1) Form of administration, indicating whether this shall be in charge of an administrator, manager, or of a board of directors, or of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation thereof. (2) Method of calling or summoning the co-owners to assemble; that a majority of co-owners is required to adopt decisions, except as otherwise provided in this Act; who is to preside over the meeting and who will keep the minute book wherein the resolutions shall be recorded. (3) Care, upkeep, and surveillance of the building and its general or limited common elements and services. (4) Manner of collecting from the co-owners for the payment of common expenses. (5) Designation; hiring, and dismissal of the personnel necessary for the good working order of the building and for the proper care of the general or limited common elements and to provide services for the building. (6) Such restrictions on or requirements respecting the use and maintenance of the units and the use of the common elements as are designed to prevent unreasonable interference with the use of the respective units and of the common elements by the several unit owners. (7) Designation of person authorized to accept service of process in any action relating to two or more units or to the common elements as authorized under section 24 of this Act. Such person must be a resident of and maintain an office in the District of Columbia. (8) Notice as to the existence or nonexistence of a declaration in trust for the enforcement of the lien for common expenses permitted under section 19 of this Act. (b) The sole owner of the building, or if there be more than one, the co-owners representing two-thirds of the votes provided for in section 6 of this Act may at any time modify the system of administration, but each one of the particulars set forth in this section shall always be embodied in the bylaws. SEC; 15. BOOKS OF RECEIPTS AND EXPENDITURES; AVAILABILITY FOR

EXAMINATION.—The manager, administrator, or the board of directors, or of administration, or other form of administration specified in the bylaws, shall keep books with detailed accounts in chronological order, of the receipts and of the expenditures affecting the building and its administration and specifying the maintenance find repair expenses of the common elements and any other expenses incurred. Both said books and the vouchers accrediting the entries made thereupon shall be available for examination by the co-owners, their duly authorized agents or attorneys, at convenient hours on working days that shall be set and announced for general knowledge. All books and records shall be kept in aco/)rdance with good account-

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ing practice and shall be audited at least once a year by an auditor outside the organization. SEC. 16. COMMON PROFITS, CONTRIBUTIONS FOR PAYMENT OF COMMON EXPENSES OP ADMINISTRATION AND MAINTENANCE.—(a) The

D.c. Code 471551 note.

common profits of the property shall be distributed among and the common expenses shall be charged to the unit owners according to the percentages established by section 6 of this Act: Provided, That for purposes of the application of the District of Columbia Income and Franchise Tax Act of 1947 (61 Stat. 331), as amended, the council ^-f co-owuers shall, in accordance with the provisions of said Act, be regarded as constituting an imincorporated business and shall file returns and pay taxes upon the taxable income derived from the common areas without regard to the "common profits" as defined in this Act. (b) All co-owners are bound to contribute in accordance with the said percentages toward the expenses of administration and of maintenance and repairs of the general common elements, and, in proper case, of the limited common elements of the building and toward any other expenses lawfully agreed upon by the council of co-owuiers. (c) No owner shall be exempt from contributing toward such common expenses by waiver of the use or enjoyment of the common elements both general and limited, or by the abandonment of the condominium unit belonging to him. (d) Said contribution may be determined, levied, and assessed as a lien on the first day of each calendar or fiscal year, and may become and be due and payable in such installments as the bylaws may provide, and said bylaws may further provide that upon default in the payment of any one or more of such installments, the balance of said lien may be accelerated at the option of the manager, board of directors, or of management and be declared due and payable in full. SEC. 17. PRIORITY OF LIENS.—The lien determined, levied and assessed in accordance with section 16 of this Act shall have preference over any other assessments, liens, judgments, or charges of whatever nature, except the following: (a) Real estate taxes, other taxes arising out of or resulting from the ownership, use, or operation of the common areas, special assessments, including, but not limited to, special assessments for sewer mains, water mains, curbs, gutters, sidewalks, alleys, paving of streets, roads and avenues, removal or abatement of nuisances, and special assessments levied in connection with condemnation proceedings instituted by the District of Columbia, and water charges and sanitary sewer service charges levied on the condominium unit, and judgments, liens, preferences, and riorities for any tax assessed against a co-owner by the Ignited tates or the District of Columbia or due from or payable by a co-owner to the United States or the District of Columbia, and judgments, liens, preferences, and priorities in favor of the District of Columbia for assessments or charges referred to in this subparagraph. (b) The liens of any deeds of trust, mortgage instruments, or encumbrances duly recorded on the condominium unit prior to the assessment of the lien thereon or duly recorded on said unit after receipt of a written statement from the manager, board of directors, or of management reflecting that payments on said lien were current as of the date of recordation of said deed.of trust, mortgage instrument, or encumbrance. Upon a voluntary sale or conveyance of a condominium unit all unpaid assessments against a grantor co-owner for his pro rata share of the expenses to which section 16 of this Act refers shall first be

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paid out of the sales price or by the grantee in the order of preference set forth above. Upon an involuntary sale through foreclosure of a deed of trust, mortgage, or encumbrance having preference as set forth in subparagraph (b) of this section a purchaser thereunder shall not be liable for any installments of such lien as became due prior to his acquisition of title. Such arrears shall be deemed common expenses, collectible from all co-owners, including such purchaser. SEC. 18. JOINT AND SEVERAL LIABILITY OF PURCHASER AND SELLER FOR AMOUNTS OWING UNDER SECTION 16; PURCHASER'S RECOVERY, PURCHASER'S OR LENDER'S R I G H T TO A STATEMENT SETTING FORTH AMOUNT DUE.—The purchaser of a condominium unit in a voluntary

sale shall be jointly and severally liable with the seller for the amounts owing by the latter under section 16 of this Act upon his interest in the condominium unit up to the time of conveyance; without prejudice to the purchaser's right to recover from the other party the amounts paid by him as such joint debtor: Provided., That any such purchaser, or a lender under a deed of trust, mortgage, or encumbrance, or parties designated by them, shall be entitled to a statement from the manager, board of directors, or of administration, as the case may be, setting forth the amount of unpaid assessments against the seller or borrower, and the unit conveyed or encumbered shall not be subject to a lien for any unpaid assessment in excess of the amount set forth. SEC. 19. SUPPLEMENTARY METHOD OF ENFORCEMENT OF L I E N. — (a)

In addition to proceedings available at law or equity for the enforcement of the lien established by section 16 of this Act, all the owners of property constituted into a horizontal property regime may execute bonds conditioned upon the faithful performance and payment of the installments of the lien permitted by section 16 of this Act and may secure the payment of such obligations by a declaration in trust recorded among the land records of the District of Columbia, granting unto a trustee or trustees appropriate powers to the end that upon default in the performance of such bond, said declaration in trust may be foreclosed by said trustee or trustees, acting at the direction of the manager, board of directors, or of management, as is proper practice in the District of Columbia in foreclosing a deed of trust. (b) And the bylaws may require in the event such bonds have been executed and such declaration in trust is recorded that any subsequent purchaser of a condominium unit in said horizontal property regime shall take title subject thereto and shall assume such obligations: Provided, That the said lien, bond, and declaration in trust shall be subordinate to and a junior lien to liens for real estate taxes and other taxes arising out of or resulting from the ownership, use, or operation of the common areas, liens for special assessments, including, but not limited to, special assessments for sewer mains, water mains, curbs, gutters, sidewalks, alleys, paving of streets, roads, and avenues, removal or abatement of nuisances, and special assessments levied in connection with condemnation proceedings instituted by the District of Columbia, and liens for water charges and sanitary sewer service charges levied on the condominium unit, and to judgments, liens, preferences, and priorities for any tax assessed against a co-owner by the United States or the District of Columbia or due from or payable by a co-owner to the United States or the District of Columbia, and to judgments, liens, preferences, and priorities in favor of the District of Columbia for assessments or charges referred to in this section then or thereafter accruing against the unit and to the lien of any duly recorded deeds of trust, mortgages, or encumbrances previously placed upon the unit and said lien, bond, and declaration in trust shall be and become subordinate to any subse-

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(liieiitly recorded deeds of trust, mortgages, or eneiiinbrjinces: Provided. That the lender thereunder shall jfirst obtain from the manager, board of directors, or of administration a written statement as provided m section 18 of this Act reflecting that payments due under this lien are current as of the date of recordation of such subsequent deed of trust, mortgage, or encumbrance. SEC.

20. INSURING BUILDING AGAINST R I S K S; INDIVIDUAL EIGHTS

OF CO-OWNERS.—The manager or the board of directors, if required by the bylaws or by a majority of the co-owners, or at the request of a mortgagee having a first mortgage of record covering a unit, shall have the authority to, and shall, obtain insurance for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required or requested. Such insurance coverage shall be written on the property in the name of such manager or of the board of directors of the council of co-owners, as trustee for each of the unit owners in the percentages established in the declaration. Premiums shall be common expenses. Provision for such insurance shall be without prejudice to the right of each unit owner to insure his own unit for his benefit. SEC. 21. APPLICATION OF INSURANCE PROCEEDS TO EECONSTRUCTION; PRO RATA DISTRIBUTION IN CERTAIN CASES; RULES GOVERNING.—(a)

In case of fire or other disaster the insurance indemnity shall, except as provided in the next succeeding paragraph of this section, be applied to reconstruct the building. (b) Reconstruction shall not be compulsory where destruction coml)rises the whole or more than two-thirds of the buildings and other improvements in a condominium project. In such cases, and unless otherwise unanimously agreed upon by the co-owners, the indemnity shall be delivered pro rata to the co-owners entitled to it in accordance with provisions made by the bylaws or in accordance with a decision of three-fourths of the co-owners, if there be no bylaw provision, after first paying off, out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the unit of each co-owner. Should it be proper to proceed with the reconstruction, the provision for such eventuality made in the bylaws shall be observed, or in lieu thereof, the decision of the council of co-owners shall prevail, subject to all provisions of law and regulations of the District of Columbia then in effect. SEC. 22. SHARING OF RECONSTRUCTION COST W H E R E BUILDING I S NOT INSURED OR INSURANCE INDEMNITY I S INSUFFICIENT.—^\^'^here the

building is not insured or where the insurance indemnity is insufficient to cover the cost of reconstruction the new building costs shall be paid by all the co-owners in the same proportion as their proportionate ownership of the common elements of the condominium project, and if any one or more of those composing the minority shall refuse to make such payments, the majority may proceed with the reconstruction at the expense of all the co-owners and the share of the resulting common expense may be assessed against all the co-owners and such assessment for this expense shall have the same priority as provided under section 17 of this Act. S E ( \ 23. SEPARATE TAXATION.— (a) For the purposes of assessment and taxation of property constituted into a horizontal property regime and to conform to the system of numbering squares, lots, blocks, and parcels for taxation purposes in effect in the District of Columbia, each condominium unit duly situate upon a subdivided lot and square shall bear a number or letter that will distinguish it from every other condominium unit situate in said lot and square. (b) Each of said condominium units shall be carried on the records of the District of Columbia as a separate and distinct entity and all

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