HD7293 A3A55 1938 THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED [PUBLIC NO. 412-75TH CONGRESS] [CHAPTER 896-1ST SESSION] [S. 1685] AN ACT To provide financial assistance to the States and political subdivisions thereof for the elimination of unsafe and insanitary housing conditions, for the eradication of slums, for the provision of decent, safe, and sanitary dwellings for families of low income, and for the reduction of unemployment and the stimulation of business activity, to create a United States Housing Authority, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, DECLARATION OF POLICY SECTION 1. It is hereby declared to be the policy of the Declaration United States to promote the general welfare of the of policy. Nation by employing its funds and credit, as provided in this Act, to assist the several States and their political subdivisions to alleviate present and recurring unemployment and to remedy the unsafe and insanitary housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of low income, in rural or urban communities, that are injurious to the health, safety, and morals of the citizens of the Nation. DEFINITIONS Definitions. housing." SEC. 2. When used in this Act(1) The term "low-rent housing" means decent, safe, "Low-rent and sanitary dwellings within the financial reach of families of low income, and developed and administered to promote serviceability, efficiency, economy, and stability, and embraces all necessary appurtenances thereto. The dwellings in low-rent housing as defined in this Act shall be available solely for families whose net income at the time of admission does not exceed five times the rental (including the value or cost to them of heat, light, water, and cooking fuel) of the dwellings to be furnished such families, except that in the case of families with three or more minor dependents, such ratio shall not exceed six to one. 1 So in original. 82058-38-1 (1) M18 227 5 (2) The term "families of low income" means far lies who are in the lowest income group and who cann afford to pay enough to cause private enterprise in the locality or metropolitan area to build an adequate su ply of decent, safe, and sanitary dwellings for their u (3) The term "slum" means any area where dwellin predominate which, by reason of dilapidation, ove crowding, faulty arrangement or design, lack of ventil tion, light or sanitation facilities, or any combination these factors, are detrimental to safety, health, or mora (4) The term "slum clearance" means the demoliti and removal of buildings from any slum area. (5) The term "development" means any or all unde takings necessary for planning, financing (includin payment of carrying charges), land acquisition, demol tion, construction, or equipment, in connection with low-rent-housing or slum-clearance project, but not b yond the point of physical completion. Construction a tivity in connection with a low-rent-housing project ma be confined to the reconstruction, remodeling, or repai of existing buildings. (6) The term "administration" means any or all un dertakings necessary for management, operation, mainte nance, or financing, in connection with a low-rent-hous ing or slum-clearance project, subsequent to physica completion. (7) The term "Federal project" means any projec project." owned or administered by the Authority. "Acquisition cost." (8) The term "acquisition cost" means the amoun prudently required to be expended by a public housing agency in acquiring a low-rent-housing or slum-clear ance project. (9) The term "non-dwelling facilities" shall include site development, improvements and facilities located outside building walls (including streets, sidewalks, and sanitary, utility, and other facilities). (10) The term "going Federal rate of interest" means, at any time, the annual rate of interest specified in the then most recently issued bonds of the Federal Government having a maturity of ten years or more. (11) The term "public housing agency" means any ing agency" State, county, municipality, or other governmental entity or public body (excluding the Authority), which is authorized to engage in the development or administration of low-rent housing or slum clearance. (12) The term "State" includes the States of the Union, the District of Columbia, and the Territories, dependencies, and possessions of the United States. (13) The term "Authority" means the United States Housing Authority created by section 3 of this Act. UNITED STATES HOUSING AUTHORITY created. SEC. 3. (a) There is hereby created in the Department Corporate of the Interior and under the general supervision of the agency Secretary thereof a body corporate of perpetual duration to be known as the United States Housing Authority, which shall be an agency and instrumentality of the United States. (b) The powers of the Authority shall be vested in and exercised by an Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall serve for a term of five years and shall be removable by the President upon notice and hearing for neglect of duty or malfeasance but for no other cause. (c) The Administrator shall receive a salary of $10,000 a year, shall be eligible for reappointment, and shall not engage in any other busines, vocation, or employment. Neither the Administrator nor any officer or employee of the Authority shall participate in any matter affecting his personal interests or the interest of any corporation, partnership, or association in which he is directly or indirectly interested. Administrator: appointment; term; removal. Same: salary; reappointment; private busi ness. sation of SEC. 4. (a) The Administrator is authorized, subject Personnel: to the civil-service laws and the Classification Act of appointment and compen1923, as amended, to appoint and fix the compensation of such employees as may be necessary for the proper per- employees. formance of the duties of the Authority under this Act; except that without regard to the civil-service laws he may appoint such officers, attorneys and experts, and such employees whose compensation is in excess of $1,980 per annum, as may be necessary to carry out the purposes of this Act. firmation by Senate, when. (b) Appointment to positions made under the pro- Same: convisions of this Act the annual salary of which is in excess of $7,500 per annum shall be subject to confirmation by the Senate. of (c) The Administrator may accept and utilize such voluntary and uncompensated services and with the consent of the agency concerned may utilize such officers, employees, equipment, and information of any agency the Federal, State, or local governments as he finds helpful in the performance of the duties of the Authority. In connection with the utilization of such services, the Authority may make reasonable payments for necessary traveling and other expenses. (d) The President may at any time in his discretion transfer to the Authority any right, interest, or title held by any department or agency of the Federal Government in any housing or slum-clearance projects (constructed or in process of construction on the date of enactment of this Act), any assets, contracts, records, libraries, research materials, and other property held in connection with Assistance of officers and other agencies. Transfer to terest in hous Branch offices; hearings. Suits by or against. Seal. Franking privileges. Authority exempt from taxation; public housing agency obligations exempt from U. S. taxes. Administra tive expenses authorized. any such housing or slum-clearance projects or activities, any unexpended balance of funds allocated to such de partment or agency for the development, administration, or assistance of any housing or slum-clearance projects or activities, and any employees who have been engaged in work connected with housing or slum clearance. The Authority may continue any or all activities undertaken in connection with projects so transferred, subject to the provisions of this Act.2 SEC. 5. (a) The principal office of the Authority shall be in the District of Columbia, but it may establish branch offices or agencies in any State, and may exercise any of its powers at any place within the United States. The Authority may, by one or more of its officers or employees or by such agents or agencies as it may designate, conduct hearings or negotiations at any place. (b) The Authority shall sue and be sued in its own name, and shall be represented in all litigated matters by the Attorney General or such attorney or attorneys as he may designate. (c) The Authority shall have an official seal, which shall be judicially noticed. (d) The Authority shall be granted the free use of the mails in the same manner as the executive departments of the Government. (e) The Authority, including but not limited to its franchise, capital, reserves, surplus, loans, income, assets, and property of any kind, shall be exempt from all taxation now or hereafter imposed by the United States or by any State, county, municipality, or local taxing authority. Obligations, including interest thereon, issued by public housing agencies in connection with low-rent-housing or slum-clearance projects, and the income derived by such agencies from such projects, shall be exempt from all taxation now or hereafter imposed by the United States. SEC. 6. (a) The Authority may make such expeditures, subject to audit under the general law, for the acquisition and maintenance of adequate administrative agencies, offices, vehicles, furnishings, equipment, supplies, books, periodicals, printing and binding, for attendance at meetings, for any necessary traveling expenses within the United States, its Territories, dependencies, or possessions, and for such other expenses as may from time to time be found necessary for the proper administration transactions. of this Act. Such financial transactions of the Authority as the making of loans, annual contributions, and capital grants, and the acquisition, sale, exchange, lease, or other disposition of real and personal property, and vouchers approved by the Administrator in connection with such financial transactions, shall be final and conclusive upon all officers of the Government; except that all such finan Financial cial transactions of the Authority shall be audited by the General Accounting Office at such times and in such maniner as the Comptroller General of the United States may ɔy regulation prescribe. (b) The provisions of section 3709 of the Revised Contracts and Statutes (U.S. C., 1934 ed., title 41, sec. 5) shall apply purchases. o all contracts of the Authority for services and to all of its purchases of supplies except when the aggregate amount involved is less than $300. (c) The use of funds made available for the purposes Domesticof this Act shall be subject to the provisions of section 2 made of title 3 of the Treasury and Post Office Appropriation materials. Act for the fiscal year 1934 (47 Stat. 14895), and to make such provisions effective every contract or agreement of any kind pursuant to this Act shall contain a provision identical to the one prescribed in section 3 of title 3 of such Act. (d) No annual contribution, grant, or loan, and no Presidential contract for any annual contribution, grant, or loan, approval. under this Act, shall be undertaken by the Authority except with the approval of the President. SEC. 7. (a) The Authority may publish and disseminate Publication information pertinent to the various aspects of housing. of informa(b) In January of each year the Authority shall make tion. an annual report to Congress of its operations and expenses, including loans, contributions, and grants made or contracted for, low-rent-housing and slum-clearance projects undertaken, and the assets and liabilities of the Authority. Such report shall include operating statements of all projects under the jurisdiction of or receiv- Annual ing the assistance of the Authority, including summaries report. of the incomes of occupants, sizes of families, rentals, and other related information. SEC. 8. The Authority may from time to time make, Rules and amend, and rescind such rules and regulations as may be regulations. necessary to carry out the provisions of this Act. LOANS FOR LOW-RENT-HOUSING AND SLUM-CLEARANCE PROJECTS SEC. 9. The Authority may make loans to public-hous- Loans: terms. ing agencies to assist the development, acquisition, or administration of low-rent-housing or slum-clearance projects by such agencies. Where capital grants are made pursuant to section 11 the total amount of such loans outstanding on any one project and in which the Authority participates shall not exceed the development or acquisition cost of such project less all such capital grants, but in no event shall said loans exceed 90 per For authorization to expend for administrative expenses for the fiscal year 1939, see Appendix II, p. 23. 4 See Appendix III, p. 25. |