Page images
PDF
EPUB

(b) The Secretary shall notify the State agency administering the medical assistance plan of his approval or disapproval of any institution which has applied for certification by him as a qualified skilled nursing facility. (Aug. 14, 1935, ch. 531, title XIX, § 1910, as added Oct. 30, 1972, Pub. L. 92-603, title II, § 249A (a), 86 Stat. 1426.)

EFFECTIVE DATE

Section effective with respect to agreements filed with the Secretary under section 1395cc of this title by skilled nursing facilities before, on, or after Oct. 30, 1972, but accepted by him on or after such date, see section 249A (e) of Pub. L. 92-603, set out as a note under section 1395cc of this title.

Chapter 8.-LOW-RENT HOUSING

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 12 section 24.

§ 1402. Definitions.

When used in this chapter

(1) Low-rent housing; eligibility; continued occupancy; income-exclusions and deductions.

Notwithstanding any other provision of Federal law or regulations thereunder, a public agency shall not reduce welfare assistance payments to any tenant or group of tenants in low-rent housing as a result of any reduction in rent resulting from the application of the rent limitation set forth in this paragraph (1) and required by such limitation.

(As amended Dec. 22, 1971, Pub. L. 92-213, § 9, 85 Stat. 776.)

AMENDMENTS

1971-Par. (1). Pub. L. 92–213 prohibited any reduction of welfare assistance payments by public agencies to tenants or tenant groups in low-rent housing as a result of any reduction in rent resulting from the application of the rent limitation set forth in par. (1) and required by such limitation.

§ 1410. Annual contributions in assistance of low rentals.

(b) Limitation on particular contribution and periods. Annual contributions shall be strictly limited to the amounts and periods necessary, in the determination of the Authority, to assure the low-rent character of the housing projects involved. Toward this end the Authority may prescribe regulations fixing the maximum contributions available under different circumstances, giving consideration to cost, location, size, rent-paying ability of prospective tenants, or other factors bearing upon the amounts and periods of assistance needed to achieve and maintain low rentals. Such regulations may provide for rates of contribution based upon development, acquisition or administration cost, number of dwelling units, number of persons housed, or other appropriate factors. (c) Reduction in annual contributions; duration of contracts.

Every contract for annual contributions shall provide that whenever in any year the receipts of a public housing agency in connection with a low-rent housing project exceed its expenditures (including debt service, administration, maintenance, establishment of reserves, and other costs and charges),

an amount equal to such excess shall be applied, or set aside for application, to purposes which, in the determination of the Authority, will effect a reduction in the amount of subsequent annual contributions. In no case shall any contract for annual contributions be made for a period exceeding sixty years: Provided, That, in the case of projects initiated after March 1, 1949, contracts for annual contributions shall not be made for a period exceeding forty years from the date the first annual contribution for the project is paid: And provided further, That the amount of the fixed annual contribution which would be established under this chapter for a newly constructed project by a public housing agency designed to accommodate a number of families of a given size and kind may be established, as a maximum annual contribution in lieu of any other guaranteed contribution authorized under this section, for a project by such public housing agency which would provide housing for the comparable number, sizes, and kinds of families through the acquisition, acquisition and rehabilitation, or under lease of structures which are suitable for lowrent housing use and obtainable in the local market.

use

(e) Limitation on aggregate contractual contributions.

The Authority is authorized to enter into contracts for annual contributions aggregating not more than $554,250,000 per annum, which limit shall be increased by $100,000,000 on August 1, 1968, and by further amounts of $225,000,000 on July 1, 1969, $320,000,000 on July 1, 1970, $225,000,000 on July 1, 1971, $150,000,000 on July 1, 1972, and $140,000,000 on July 1, 1973, but any such contracts for additional units for any one State shall not, after June 30, 1961, be entered into for more than 15 per centum of the aggregate amount not already guaranteed under contracts for annual contributions on such date: Provided, That subject to any contractual obligation outstanding on August 10, 1965, any units under construction within five years from the date they were reserved to a public housing agency may be reserved, allocated, or placed under contract for annual contributions in any State without limitation as to the aggregate amount of units which may be placed under contract for annual contributions in any one State: Provided further, That at least 30 per centum of the total amount of contracts for annual contributions entered into in any fiscal year pursuant to the new authority granted under section 202 of the Housing and Urban Development Act of 1970 or under any law subsequently enacted shall be entered into with respect to units of lowrent housing in private accommodations provided under section 1421b of this title: And provided further, That the Authority shall enter into only such new contracts for preliminary loans as are consistent with the numbers of dwelling units for which contracts for annual contributions may be entered into. Without further authorization from Congress, no new contracts for annual contributions beyond those herein authorized shall be entered into by the Authority. The faith of the United States is solemnly pledged to the payment of all annual

[blocks in formation]

(b) the Authority shall not make any contract for loans (other than preliminary loans) or for annual contributions pursuant to this chapter with respect to any low-rent housing project initiated after March 1, 1949, (i) unless the governing body of the locality involved has entered into an agreement with the public housing agency providing for the local cooperation required by the Authority pursuant to this chapter; (ii) unless the public housing agency has demonstrated to the satisfaction of the Authority that a gap of at least 20 per centum (except in the case of a displaced family or an elderly family) has been left between the upper rental limits for admission to the proposed low-rent housing and the lowest rents at which private enterprise unaided by public subsidy is providing (through new construction and available existing structures) a substantial supply of decent, safe, and sanitary housing toward meeting the need of an adequate volume thereof; and (8) Relocation payments; inclusion with development or acquisition cost for determination of loans and contributions.

The Authority may authorize the cost of relocation payments made by the public housing agencies to be included with the development of acquisition cost of any project for purposes of determining the amount of loans and annual contributions authorized to be made with respect to such project under sections 1409 and 1410 of this title, but such costs shall be separately stated as relocation costs.

(As amended Jan. 2, 1971, Pub. L. 91-646, title II, § 220 (a) (6), 84 Stat. 1903.)

AMENDMENTS

1971-Par. (7) (b) (iii). Pub. L. 91-646 deleted provision which prohibited the Authority from making any contract for loans or for annual contributions with respect to any low-rent housing project initiated after Mar. 1, 1949, unless the public housing agency had shown existence of method for temporary relocation of individuals and families displaced from project site, and provision for decent, safe, and sanitary dwellings, in the project area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within financial means of the individuals and families, for the individuals and families and accessible to places of employment. Subject matter is now covered by chapter 61 (section 4601 et seq.) of this title.

Par. (8). Pub. L. 91-646 deleted provision defining "relocation payment" as a payment (i) which is made to an individual, family, business concern, or nonprofit organization displaced on or after Jan. 27, 1964, from a lowrent housing project site as a result of the acquisition of real property by a public housing agency, (ii) which is not otherwise authorized under any Federal law, and (iii) which is made only on such terms and conditions, and subject to such limitations, as are authorized under section 1465(b), (c), and (d) of this title for relocation payments made to individuals, families, business concerns, or nonprofit organizations. Subject matter is now covered by chapter 61 (section 4601 et seq.) of this title. EFFECTIVE DATE OF 1971 AMENDMENT

Repeal of provisions of par. (7) (b) (iii) and (8) second sentence by Pub. L. 91-646 not applicable to any State so long as section 4630 and 4655 of this title are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91-646, set out as a note under section 4601 of this title.

[blocks in formation]

ADMINISTRATIVE PRIORITY FOR APPLICATIONS RELATING TO ACTIVITIES IN AREAS AFFECTED BY BASE CLOSINGS State or unit of local government or agency thereof affected by reduction in level of expenditure or employment at Department of Defense installation located in or near such State or unit of local government, priority in processing applications for assistance under this section, see section 1453a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1453a of this title.

§ 1453. Grants for urban renewal projects.

(b) Limitation on aggregate amount of grants; authorization of appropriations; repayment of certain uncollectible loans.

The Secretary may, with the approval of the President, contract to make grants under this subchapter aggregating not to exceed $7,600,000,000, which amount shall be increased by $1,400,000,000 on July 1, 1969, by $1,700,000,000 on July 1, 1970, by $1,500,000,000 on July 1, 1971, by $250,000,000 on July 1, 1972, and $664,000,000 on July 1, 1973. Not less than 35 per centum of the amounts available to the Secretary for grants under this subchapter during each of the fiscal years commencing after June 30, 1969 and ending prior to July 1, 1974, shall be for grants under part B. In addition to the authority to make grants provided in the first sentence of this subsection, the Secretary may contract to make grants under this subchapter, on or after July 1, 1967, in an amount not to exceed $600,000,000: Provided, That the authority to contract to make grants provided by this sentence shall be exercised only with respect to an urban renewal project which is identified and scheduled to be carried out as one of the projects or activities included within an approved comprehensive city demonstration program assisted under the provisions of section 3305(c) of this title. Such grants shall not be used for major long-term capital improvement; shall not exceed two-thirds of the cost, as determined or estimated by the Secretary, of the project for which the grant is made; and shall be subject to such other terms and conditions as he may prescribe. The Secretary is authorized, notwithstanding the provisions of section 529 of Title 31, to make advance or progress payments on account of any grant contracted to be made pursuant to this section. The faith of the United States is solemnly pledged to the payment of all grants contracted for under this subchapter, and there are authorized to be appropriated out of any money in the Treasury not otherwise appropriated, the amounts necessary to provide for such payments: Provided, That any amounts so appropriated shall also be available for repaying to the Secretary of the Treasury, for application to notes of the Secretary, the principal amounts of any funds advanced to local public agencies under this subchapter which the Secretary determines to be uncollectible because of the termination of activities for which such advances were made, together with the interest paid or accrued to the Secretary of the Treasury (as determined by him) attributable to notes given by the Secretary in connection with such advances, but all such repayments shall constitute a charge against the authorization to make

contracts for grants contained in this section: Provided further, That no such determination of the Secretary shall be construed to prejudice the rights of the United States with respect to any such advance.

(As amended Oct. 18, 1972, Pub. L. 92-503, § 4, 86 Stat. 906; Oct. 2, 1973, Pub. L. 93-117, § 5, 87 Stat. 422.)

AMENDMENTS

1973 Subsec. (b). Pub. L. 93-117 added provision authorizing an increase by $664,000,000 on July 1, 1973, in the aggregate amount of grants.

1972 Subsec. (b). Pub. L. 92-503 added provision authorizing an increase by $250,000,000 on July 1, 1972 in the aggregate amount of grants.

ADMINISTRATIVE PRIORITY FOR APPLICATIONS RELATING TO ACTIVITIES IN AREAS AFFECTED BY BASE CLOSINGS State or unit of local government or agency thereof affected by reduction in level of expenditure or employment at Department of Defense installation located in or near such State or unit of local government, priority in processing applications for assistance under this section, see section 1453a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1453a of this title.

§ 1453a. Administrative priority for applications relating to activities in areas affected by base closings.

The Secretary of Housing and Urban Development, in processing applications for assistance under section 103 of the Housing Act of 1949, section 111 of the Demonstration Cities and Metropolitan Development Act of 1966, section 708 (a) (1) and (2) of the Housing and Urban Development Act of 1965 (for grants authorized under sections 702 and 703 of such Act), section 312 of the Housing Act of 1964, section 701(b) of the Housing Act of 1954, and section 708 of the Housing Act of 1961, shall give a priority to any State or unit of local government or agency thereof which is severely and adversely affected by a reduction in the level of expenditure or employment at any Department of Defense installation located in or near such State or unit of local government. (Pub. L. 93-117, § 14, Oct. 2, 1973, 87 Stat. 423.)

REFERENCES IN TEXT

Section 103 of the Housing Act of 1949, referred to in the text, is classified to section 1453 of this title.

Section 111 of the Demonstration Cities and Metropolitan Development Act of 1966, referred to in the text is classified to section 3311 of this title.

Section 708 (a)(1) and (2) of the Housing and Urban Development Act of 1965, and sections 702 and 703 of such Act are classified to sections 3108(a)(1), and (2), 3102, and 3103 of this title, respectively.

Section 312 of the Housing Act of 1964, is classified to section 1452b of this title.

Section 701 (b) of the Housing Act of 1954, is classified to section 461 (b) of Title 40, Public Buildings, Property, and Works.

Section 708 of the Housing Act of 1961, is classified to section 1500d of this title.

CODIFICATION

Section was not enacted as part of Title I of the Housing Act of 1949, which comprises this subchapter.

§ 1458. Disposition of surplus Federal real property; sale at fair market value; disposition of net proceeds.

DELEGATION OF FUNCTIONS

Authority of the President under this section to transfer, or cause to be transferred, to the Secretary of Hous

ing and Urban Development any right, title or interest held by the Federal Government or any department or agency thereof in any land (including buildings thereon) which is surplus to the needs of the Government and which a local public agency certifies will be within the area of a project being planned by it, delegated to the Administrator of General Services, see section 1(21) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

§ 1465. Repealed. Pub. L. 91-646, title II, § 220(a)(5), Jan. 2, 1971, 84 Stat. 1903.

Section, act July 15, 1949, ch. 338, title I, § 114, as added Sept. 2, 1964, Pub. L. 88-560, title III, § 310(a), 78 Stat. 788, and amended Aug. 10, 1965, Pub. L. 89-117, title I, § 101 (1), title IV, § 404 (b), (c) (1), 79 Stat. 453, 486; May 25, 1967, Pub L. 90-19, § 6(b), 81 Stat. 21; Aug. 1, 1968, Pub. L. 90-448, title V, § 516, 82 Stat. 526; Dec. 31, 1970, Pub. L. 91-609, title II, § 212, 84 Stat. 1779, related to relocation assistance, providing as follows: subsec. (a), financial assistance to displaced individuals, families, businesses, and nonprofit organizations; subsec. (b), payments to business concerns or nonprofit organizations, considerations, and maximum amounts; subsec. (c), payments to individuals and families, considerations, computation of amount, maximum amounts, and restrictions; subsec. (d), payments to individuals, families, business concerns, and nonprofit organizations for recording fees, transfer taxes, incidental expenses, penalty costs, and pro rata taxes; and subsec. (e), rules and regulations, finality of administrative decisions, and promptness of payments. Subject matter is now covered by chapter 61 (section 4601 et seq.) of this title.

EFFECTIVE DATE OF REPEAL

Repeal of section not applicable to any State so long as sections 4630 and 4655 of this title are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91-646, set out as a note under section 4601 of this title.

SAVINGS PROVISION

Any rights or liabilities existing under provisions repealed by section 220 (a) of Pub. L. 91-646 as not affected by such repeal, see section 220 (b) of Pub. L. 91-646, set out as a note under section 4621 of this title.

PART B-NEIGHBORHOOD DEVELOPMENT PROGRAMS

PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 1453 of this title.

SUBCHAPTER III.-FARM HOUSING SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 7 section 1932, title 12 section 1721.

§ 1471. Financial assistance by Secretary of Agriculture; definitions; conditions of eligibility.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 1933.

§ 1472. Loans for housing and buildings on adequate farms.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 sections 1933, 1969.

§ 1483. Appropriations.

There is authorized to be appropriated to the Secretary (a) such sums as may be necessary to meet payments on notes or other obligations issued by the Secretary under section 1481 of this title equal to (i) the aggregate of the contributions made by the Secretary in the form of credits on principal due on loans made pursuant to section 1473 of this title, and (ii) the interest due on a similar sum represented by notes or other obligations issued by

the Secretary; (b) not to exceed $50,000,000 for grants pursuant to section 1474(a) of this title and loans pursuant to section 1474 (b) of this title during the period beginning July 1, 1956, and ending October 1, 1974; (c) not to exceed $50,000,000 for financial assistance pursuant to section 1486 of this title for the period ending October 1, 1974; (d) not to exceed $250,000 per year for research and study programs pursuant to subsections (b), (c), and (d) of section 1476 of this title during the period beginning July 1, 1961, and ending October 1, 1974; (e) such further sums as may be necessary to enable the Secretary to carry out the provisions of this subchapter; and (f) such sums as may be required by the Secretary to administer the provisions of sections 1715z and 1715z-1 of Title 12. (As amended Oct. 2, 1973, Pub. L. 93-117, § 13(a), 87 Stat. 423.)

[blocks in formation]

1973-Subsec. (b(5). Pub. L. 93-117 substituted "October 1, 1974" for "October 1, 1973."

§ 1487. Rural Housing Insurance Fund. (a) Authority to make and insure loans for housing and buildings on adequate farms; restrictions. The Secretary may insure loans meeting the requirements of section 1472 of this title, and may make loans in accordance with the requirements of such section to be sold and insured; except that such loans shall

(1) if the borrowers are persons of low or moderate income (as defined by the Secretary), (A) not exceed amounts necessary to provide adequate housing, modest in size, design, and cost (as determinated by the Secretary), and (B) bear interest at a rate not to exceed 5 per centum per annum; but no loan under this paragraph shall be insured or made after October 1, 1974, except pursuant to a commitment entered into before that date; and

(As amended Oct. 2, 1973, Pub. L. 93-117, § 13(c), 87 Stat. 423.)

AMENDMENTS 1973-Subsec. (a)(1). Pub. L. 93-117 substituted "October 1, 1974" for "October 1, 1973."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1933 of title 7.

§ 1490c. Mutual and self-help housing.

(f) Authorization of appropriations; termination date. There are hereby authorized to be appropriated for each fiscal year commencing after June 30, 1968, and ending prior to July 1, 1974, such sums, not in excess of $5,000,000 for any such fiscal, as may be necessary to carry out the provisions of this section. No grant or loan may be made or contract entered into under the authority of this section after June 30, 1974, except pursuant to a commitment or other obligation entered into pursuant to this section before that date.

(As amended Oct. 2, 1973, Pub. L. 93-117, § 13(d), 87 Stat. 423.)

AMENDMENTS

1973-Subsec. (f). Pub. L. 93-117 substituted "1974" for "1973" wherever appearing.

Chapter 8C.-OPEN-SPACE LAND

§ 1500d. Authorization of appropriations.

There are authorized to be appropriated for purposes of making grants under this chapter not to exceed $660,000,000 prior to September 30, 1972, plus not to exceed $63,000,000 for the fiscal year beginning July 1, 1973. Any amounts appropriated under this section shall remain available until expended. (As amended Pub. L. 92-213, § 8(b), Dec. 22, 1971, 85 Stat. 776; Pub. L. 92-335, § 5, July 1, 1972, 86 Stat. 405; Pub. L. 93-117, § 7, Oct. 2, 1973, 87 Stat. 422.)

AMENDMENTS

1973-Pub. L. 93-117 authorized appropriation of $63,000,000 for fiscal year beginning July 1, 1973.

1972-Pub. L. 92-335 substituted "September 30, 1972" for "July 1, 1972".

1971-Pub. L. 92-213 substituted "$660,000,000" for "$560,000,000".

ADMINISTRATIVE PRIORITY FOR APPLICATIONS RELATING TO ACTIVITIES IN AREAS AFFECTED BY BASE CLOSINGS State or unit of local government or agency thereof affected by reduction in level of expenditure or employment at Department of Defense installation located in or near such State or unit of local government, priority in processing applications for assistance under this section, see section 1453a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1453a of this title.

[blocks in formation]

the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan. No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

OFFICE OF EMERGENCY PREPAREDNESS

Functions of the Director of the Office of Emergency Preparedness under Ex. Ord. 10296, Oct. 2, 1951, 16 F.R. 10103, as amended [set out as a note under this section], transferred to the Administrator of General Services, see section 3 of Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, set out as a note under section 2271 of Title 50, Appendix, War and National Defense.

SUBCHAPTER XI.-HOUSING FOR MILITARY PERSONNEL

§ 1594j. Repealed. Pub. L. 92-545, title V, §508(c), Oct. 25, 1972, 86 Stat. 1150.

Section, Pub. L. 85-241, title IV, § 407, Aug. 30, 1957, 71 Stat. 556; Pub. L. 85-685, title V, § 516, Aug. 20, 1958, 72 Stat. 664; Pub. L. 86-372, title VII, § 702(c), Sept. 23, 1959, 73 Stat. 683; Pub. L. 86-500, title V, § 508, June 8, 1960, 74 Stat. 186; Pub. L. 87-57, title VI, § 610, June 27, 1961, 75 Stat. 111; Pub. L. 88-174, title V, § 506, Nov. 7, 1963, 77 Stat. 326; Pub. L. 89-568, title V, § 502, Sept. 12, 1966; 80 Stat. 753; Pub. L. 90-110, title VI, § 608, Oct. 21, 1967, 81 Stat. 305, provided for the occupancy on a rental basis of inadequate quarters without the loss of the basic allowance for quarters. See section 1594j-1 of this title. § 1594j-1. Inadequate quarters.

(a) Notwithstanding the provisions of any other law, members of the uniformed services (as defined in section 101 (3) of Title 37, with dependents, may occupy on a rental basis, without loss of basic allowance for quarters, inadequate quarters under the jurisdiction of a military department notwithstanding that such quarters may have been constructed or converted for assignment as public quarters, subject to a charge against their basic allowance for quarters in the amount of the fair rental value of the housing facility: Provided, That notwithstanding the fair rental value of such family housing facility, no charge for occupancy thereof shall be made against the basic allowance for quarters of the occupant in excess of 75 per centum of such allowance, except that in no event shall the total charge to the occupants' basic allowance for quarters for such housing at any installation be less than the cost of maintenance and operation thereof. The net difference between the basic allowance for quarters and the occupancy charge shall be paid to the occupant from otherwise available appropriations.

(b) The Secretaries of the Military Departments are each authorized, subject to regulations approved by the Secretary of Defense

(1) to designate as rental housing such housing as he may determine to be inadequate as public quarters; and,

(2) to lease inadequate housing to personnel of any of the mentioned services for occupancy by them and their dependents.

In no event shall more than a total of 20,000 housing units be determined inadequate as public quarters under authority of this section. (Pub. L. 92-545, title V, § 508 (a), (b), Oct. 25, 1972, 86 Stat. 1149.)

« PreviousContinue »