Page images
PDF
EPUB

October 1, 1969

- 5

Pub. Law 91-79

83 STAT 130

SEC. 14. The President, whenever he determines it to be in the public Debris reinterest, and acting through the Director of the Office of Emergency moval. Preparedness, is authorized to make grants to any State or political subdivision thereof for the purpose of removing debris deposited on privately owned lands and on or in privately owned waters as a result of a major disaster, and such State or political subdivision is authorized, upon application, to make payments to any person for reimbursement of expenses actually incurred by such person in the removal of such debris, but not to exceed the amount that such expenses exceed the salvage value of such debris.

SEC. 15. (a) As used in this Act the term "major disaster” means a "Major dismajor disaster as determined by the President pursuant to the Act aster." entitled "An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes", approved

September 30, 1950, as amended (42 U.S.C. 1855-1855g), which dis- 64 Stat. 1109. aster occurred after June 30, 1967, and on or before December 31, 1970. (b)_This Act, other than sections 5, 8, 9, and 13, shall not be in effect Termination after December 31, 1970, except as it applies to major disasters occur

ring before such date.

date.

SEC. 16. This Act may be cited as the "Disaster Relief Act of 1969". Short title. Approved October 1, 1969.

LEGISLATIVE HISTORY:

HOUSE REPORTS No. 91-322 (Comm. on Public Works) and No. 91-495 (Comm. of Conference).

SENATE REPORT No. 91-280 accompanying S. 1685 (Comm. on Public

[blocks in formation]

Disaster Relief
Act of 1970.

84 STAT. 1744 84 STAT, 1745

75 Stat. 311.

[9. 3813, Pubile Law 91–906, 91st Cong., Dec. 31, 1970]

AN ACT To revise and expand Federal programs for relief from the effects oć major disasters, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Disaster Relief Act of 1970".

TITLE I—FINDINGS AND DECLARATIONS; DEFINITIONS

FINDINGS AND DECLARATIONS

SEC. 101. (a) The Congress hereby finds and declares that— (1) because loss of life, human suffering, loss of income. and property loss and damage result from major disasters such as hurricanes, tornadoes, storms, floods, high waters, wind-driven waters, tidal waves, earthtquakes, droughts, fires, and other catastrophes; and

(2) because such disasters disrupt the normal functioning of government and the community, and adversely affect individual persons and families with great severity:

special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emer gency welfare services, and the reconstruction and rehabilitation of devastated areas, are necessary.

(b) It is the intent of the Congress, by this Act, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by

(1) revising and broadening the scope of existing major disaster relief programs;

(2) encouraging the development of comprehensive disaster relief plans, programs, and organizations by the States; and (3) achieving greater coordination and responsiveness of Federal major disaster relief programs.

DEFINITIONS

SEC. 102. As used in this Act

(1) "major disaster” means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, or other catastrophe in any part of the United States, which, in the determination of the President, is or threatens to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government to supplement the efforts and available resources of States, local governments, and relief organizations in alleviating the damage, loss hardship, or suffering caused thereby, and with respect to which the Governor of any State in which such catastrophe occurs or threatens to occur certifies the need for Federal disaster assistance under this Act and gives assurance of the expenditure of a reasonable amount of the funds of such State, its local governments, or other agencies for alleviating the damage, loss, hardship or suffering resulting from such catastrophe ;

(2) "United States" means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands;

FARMERS HOME ADMINISTRATION EMERGENCY LOANS

SEC. 232. In the administration of the emergency loan program under subtitle C of the Consolidated Farmers Home Administration Act of 1961, as amended (7 U.S.C. 1961-1967), and the rural housing loan program under section 502 of title V of the Housing Act of 1949, as amended (42 U.S.C. 1472), in the case of loss or

79 Stat. 497.

damage, resulting from a major disaster as determined by the 63 Stat 432: President, or a natural disaster as determined by the Secretary of Agriculture

(1) to the extent such loss or damage is not compensated for by insurance or otherwise. (A) shall on that part of any loan in excess of $500, cancel the principal of the loan. except that the total amount so canceled shall not exceed $2.500, except that this clause (A) shall apply only to loans made to cover losses and damage resulting from major disasters as determined by the President, and (B) may defer interest payments or principal payments, or both, in whole or in part, on any loan made under this section during the first three years of the term of the loan, except that any such deferred payments shall bear interest at the rate determined under section 234 of this Act.

(2) to the extent such injury, loss, or damage is not compensated for by insurance or otherwise, may grant any loan for repair, rehabilitation, or replacement of property dam aged or destroyed, without regard to whether the required financial assistance is otherwise available from private

sources.

(3)) may, in the case of the total destruction or substantial Limitation. property damage of homes or farm service buildings and related structures and equipment, refinance any mortgage or other liens outstanding against the destroyed or damaged property if such property is to be repaired, rehabilitated or replaced, except that the amount refinanced shall not exceed the amount of the physical loss sustained. Any such refinaneing shall be subject to the provisions of causes (1) and (2) of the section.

LOANS HELD BY THE VETERANS' ADMINISTRATION

SEC. 233. (1) Section 1820 a (2) of title 35. United States 72 Stat. 1213. Code, is amended to read as follows:

*(2) subject to specific limitations in this chapter, consent

to the modification, with respect to rate of interest, time of
payment of principal or interest or any portion thereof, se-

curity or other provisions of any note, contract, mortgage or 80 Stat. 1816.
other instrument securing a loan which has been guaranteed.
insured. made or acquired under this chapter:"

(2) Section 1820-f) of titie 38, United States Code, is amended to read as fohows:

(f) Whenever loss, destruction, or damage to any residential property securing loans guaranteed, insured made, or acquired by the Administrator under this chapter occurs as the result of a major disaster as determined by the President under the Disaster Assistance Act of 1970, the Administrator shall (1) provide counseling and such other service to the owner of such property as may be feasible and shall inform such owner concerning the disaster assistance avaliable from other Federal agencies and from State or local agencies, and (2) pursuant to subsection (a) 2) of this section, extend or an individual case basis suct forbearance or indulgence to such owner as the Administrator determines to be warranted by the facts of the case and the circumstances of such owner”

DISASTER LOAN INTEREST RATES

SEc. 234. Any loan made under section 231, and 232 of this Act shall not exceed the current cost of repairing or replacing the disaster injury, loss, or damage in conformity with current eodes and specifications. Any loan made under sections 231, 232, 2336 in and 237 of this Act shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the eurrent average market yield on outstanding marketable obligations of the United States with remaining periods to maturity of ten to twelve years reduced by not to exceed 2 per centum per an

91-868 - 73 - 36

Maximum rate.

49 Stat. 1366.

68 Stat. 295;
Ante, p. 1462.
12 USC
1701g-5.

85 STAT. 491

Insured emergency farm loans.

75 Stat. 311. 7 USC 1961.

7 USC 1928, 1929, 1927.

82 Stat. 771. 7 USC 1929.

num. In no event shall any loan made under this section bear interest at a rate in excess of 6 per centum per annum.

AGE OF APPLICANT FOR LOANS

SEC. 235. In the administration of any Federal disaster loan program under the authority of section 231, 232, or 233 of this Act, the age of any adult loan applicant shall not be considered in determining whether such loan should be made or the amount of such loan.

FEDERAL LOAN ADJUSTMENTS

SEC. 236. (a) In addition to the loan extension authority provided in section 12 of the Rural Electrification Act, the Secretary of Agriculture is authorized to adjust and readjust the schedules for payment of principal and interest on loans to borrowers under programs administered by the Rural Electrification Administration, and to extend the maturity date of any such loan to a date not beyond forty years from the date of such loan where he determines such action is necessary because of the impairment of the economic feasibility of the system, or the loss, destruction or damage of the property of such borrowers as a result of a major disaster.

(b) The Secretary of Housing and Urban Development is authorized to refinance any note or other obligation which is held by him in connection with any loan made by the Department of Housing and Urban Development or its predecessor in interest, or which is included within the revolving fund for liquidating programs established by the Independent Offices Appropriation Act of 1955, where he finds such refinancing necessary because of the loss, destruction, or damage (as a result of a major disaster) to property or facilities securing such obligations. The Secretary may authorize a suspension in the payment of principal and interest charges on, and an additional extension in the maturity of, any such loan for a period not to exceed five years if he determines that such action is necessary to avoid severe financial hardship.

AID MAJOR SOURCES OF EMPLOYMENT

SEC. 237. (a) The Small Business Administration in the case of a nonagricultural enterprise, and the Farmers Home Administration in the case of an agricultural enterprise, are authorized to provide any industrial, commercial, agricultural, or other enterprise, which has constituted a major source of employment in an area suffering a major disaster and which is no longer in substantial operation as a result of such disaster, a loan in such amount as may be necessary to enable such enterprise to resume operations in order to assist in restoring the economic viability of the disaster area. Loans authorized by this section shall be made without regard to limitations on the size of loans which may otherwise be imposed by any other provision of law or regulation promulgated pursuant thereto.

[S. 2559, Public Law 92-173, 92d Cong., Nov. 24, 1971] AN ACT To amend the Consolidated Farmers Home Administration Act of 1961 to authorize insured emergency loans

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consolidated Farmers Home Administration Act of 1961 is amended by adding at the end of subtitle C a new section as follows:

"SEC. 328. Loans meeting the requirements of this subtitle and any amendatory or supplement Act may be insured, or made to be sold and insured, in accordance with and subject to sections 308 and 309 and the last sentence of section 307 of this title: Provided, That loans made under this section shall not be included in applying the $100,000,000 limitation in section 309 (f) (1)."

Approved November 24, 1971.

Legislative History:

House Report No. 92-663 (Comm. on Agriculture).

Senate Report No. 92-426 (Comm. on Agriculture and Forestry). Congressional Record, Vol. 117 (1971):

Nov. 9. considered and passed Senate.

Nov. 15, considered and passed House, amended

Nov. 17, Senate concurred in House amendment.

« PreviousContinue »