or improved so as to qualify as public quarters, or be demolished or otherwise disposed of. (f)1 This section shall have no application to any housing described in clause (1) or (2) of section 404 (a) of the Housing Amendments of 1955, as amended. 2 (g) The Secretaries of Defense and Health, Education, and Welfare, in order to insure as far as possible that family housing under their jurisdiction is adequate as public quarters and fully utilized, shall maintain such continual surveillance and conduct such periodic surveys of such quarters as they shall deem necessary for this purpose. Where either Secretary or his designee determines, on the basis of such surveys, that it is not in the best interest of the United States to improve demolish, or otherwise dispose of any quarters which have been determined inadequate under this section, he may exempt such quarters from the requirements of subsection (e) of this section: Provided, That any quarters so exempted must be improved, demolished, or otherwise disposed of not later than July 1, 1965; And3 provided further, That the Secretary of Defense, or his designee, may exempt from this requirement any housing at any particular installation as to which he determines that (1) the housing is safe, decent, and sanitary, so as to be suitable for occupancy; (2) the housing cannot be made adequate as public quarters with a reasonable expenditure of funds; (3) the rentals charged to, or the allowances forfeited by, the occupants are not less than the costs of maintaining and operating the housing; and (4) there is a continuing need which cannot appropriately be met by privately owned housing in the area. (Public Law 85-241, title IV, § 407, Aug. 30, 1957, 71 Stat. 556; Public Law 85-685, title V, § 516, Aug. 20, 1958, 72 Stat. 664; Public Law 86-372, title VI, § 702(c), Sept. 23, 1959, 73 Stat. 683; Public Law 86-500, title V, § 508, June 8, 1960, 74 Stat. 186; Public Law 87-57, title VI, § 610, June 27, 1961, 75 Stat. 111; Public Law 88-174, title V, § 506, Nov. 7, 1963, 77 Stat. 326.) EXCERPTS FROM MILITARY CONSTRUCTION AUTHORIZATION ACT, 1969 [Public Law 90-408, 82 Stat. 367, 387] TITLE VI MILITARY FAMILY HOUSING SEC. 601. The Secretary of Defense, or his designee, is authorized to construct, at the locations hereinafter named, family housing units and trailer court facilities in the numbers hereinafter listed, but no family housing construction shall be commenced at any such locations in the 1 Immediately prior to amendment by sec. 702 (c), Housing Act of 1959. Public Law 86372, approved September 23, 1959, 73 Stat. 654, 683, this subsection read as follows: "(f) This section shall have no application to any housing financed with mortgages insured under the provisions of title VIII of the National Housing Act as in effect prior to the enactment of the Housing Amendments of 1955. Pub. Law 85-241, title IV, § 407, Aug. 30, 1957, 71 Stat. 556". Sec. 508 of the Military Construction Act of 1960. Public Law 86-500, approved June 8, 1960, 74 Stat. 166, 186, added subsec. (g), and sec. 610 of the Military Construction Act of 1961, Public Law 87-57, approved June 27, 1961, 75 Stat. 96, 111, amended subsec. (g) by substituting "July 1, 1965" for "July 1, 1962." 3 The proviso added by sec. 506. Military Construction Authorization Act, 1964, Public Law 88-174, approved Nov. 7, 1963, 77 Stat. 307, 326. United States, until the Secretary shall have consulted with the Secretary, Department of Housing and Urban Development, as to the availability of adequate private housing at such locations. If agreement cannot be reached with respect to the availability of adequate private housing at any location, the Secretary of Defense shall immediately notify the Committee on Armed Services of the House of Representatives and the Senate, in writing, of such difference of opinion, and no contract for construction at such location shall be entered into for a period of thirty days after such notification has been given. This authority shall include the authority to acquire land, and interests in land, by gift, purchase, exchange of Government-owned land, or otherwise. Family housing units (a) The Department of the Army, five hundred units, $9,750,000: * (b) The Department of the Navy, seven hundred and fifty units, $15,725,000: (c) The Department of the Air Force, seven hundred and fifty units, $17,375,000: * SEC. 610. There is authorized to be appropriated for use by the Secretary of Defense, or his designee, for military family housing as authorized by law for the following purposes: (a) for construction and acquisition of family housing, including improvements to adequate quarters, improvements to inadequate quarters, minor construction, rental guarantee payments, construction and acquisition of trailer court facilities, and planning, an amount not to exceed $48,740,000, and (b) for support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payments to the Commodity Credit Corporation, and mortgage insurance premiums authorized under section 222 of the National Housing Act, as amended (12 U.S.C. 1715m), an amount not to exceed $537,960,000. SEC. 807. None of the funds authorized by this Act or by any military construction authorization Act hereafter enacted shall be expended for the construction of any waste treatment or waste disposal system at or in connection with any military installation until after the Secretary of Defense or his designee has consulted with the Federal Water Pollution Control Administration of the Department of the Interior and determined that the degree and type of waste disposal and treatment required in the area in which such military installation is located are consistent with applicable Federal or State water quality standards or other requirements and that the planned system will be coordinated in timing with a State, county, or municipal program which requires communities to take such related abatement measures as are necessary to achieve area wide water pollution cleanup. Approved July 21, 1968. EXCERPTS FROM MILITARY CONSTRUCTION APPROPRIATION ACT, 1969 [Public Law 90-513, 82 Stat. 864] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1969, for military construction functions administered by the Department of Defense, and for other purposes, namely: * FAMILY HOUSING, DEFENSE For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $583,700,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501 (a) of Public Law 87-554, in not to exceed the following amounts: For the Army: Construction, $10,950,000; Operation, maintenance, $135,383,000; For the Navy and Marine Corps: Construction, $18,175,000; Operation, maintenance, $84,249,000; For the Air Force: Construction, $19,575,000; Operation, maintenance, $142,443,000; For Defense agencies: Construction, $40,000; Operation, maintenance, $5,463,000. Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended. SEC. 110. None of the funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. SEC. 111. Funds received from the proceeds of handling excess family housing remaining under the jurisdiction of the Department of Defense shall be deposited to the credit of "Family Housing, Defense" to be used for the purpose of reducing debt payments of the military departments. SEC. 112. This Act may be cited as the "Military Construction Appropriation Act, 1969". Approved September 26, 1968. 55 5 5 19 Section 220 (h), Home improvement loans in urban renewal areas Rehabilitation can be financed along with purchase or Section 221 (h), Rehabilitation of housing with below-market in- Title V, Housing Act of 1949, rural housing-- EXCERPTS FROM HOUSING ACT OF 1964 70 297 [Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 790; 42 U.S.C. 1452b] TITLE III-URBAN RENEWAL REHABILITATION LOANS 1 SEC. 312. (a) The Secretary is authorized, through the utilization of local public and private agencies where feasible, to make loans as herein provided to the owners and tenants of property to finance the rehabilitation of such property. No loan shall be made under this section unless (1) (A) the property is situated in an urban renewal area or an area in which a program of concentrated code enforcement 2 activity is being carried out pursuant to section 117 of the Housing Act of 1949, and the rehabilitation is required to make the property conform to applicable code requirements or to carry out the objectives of the urban renewal plan for the area and, in addition, 1 Secretary of Housing and Urban Development. Sec. 21(b), Public Law 90-19, approved May 25, 1967, 81 Stat. 17, 25, substituted the Secretary of Housing and Urban Development for the Housing and Home Finance Administrator throughout this section in order to make it conform to the Department of Housing and Urban Development Act which placed all the functions of the Housing and Home Finance Administrator in the Secretary of Housing and Urban Development. The Secretary delegated to the Administrator, Small Business Administration, effective March 20, 1967, the authority to make and administer rehabilitation loans to owners or tenants of nonresidential property, 32 Fed. Reg. 4509. Sec. 311(e), Housing and Urban Development Act of 1965. Public Law 89-117, approved Aug. 10, 1965, 79 Stat. 451, 479, authorized loans in areas of concentrated code enforcement activities. 1 to generally improve the condition of the property; or (B) 2 (i) the property is in an area (other than an area described in subparagraph (A) which the governing body of the locality has determined, and so certifies to the Secretary, contains a substantial number of structures in need of rehabilitation, (ii) there is in effect for the locality a workable program meeting the requirements of section 101 (c) of the Housing Act of 1949, (iii) the property is residential and owner-occupied, (iv) the property is in need of rehabilitation and is in violation of the local minimum housing or similar code, and (v) the area is definitely planned for rehabilitation or concentrated code enforcement within a reasonable time, and the rehabilitation of such property is consistent with the plan for rehabilitation or code enforcement; or (C) 2 (i) the property has been determined to be uninsurable because of physical hazards after an inspection pursuant to a statewide property insurance plan approved by the Secretary under title XII of the National Housing Act, and (ii) the loan is made to the owner or tenant of the property to finance rehabilitation which the Secretary determines to be necessary to make the property meet reasonable underwriting standards: (2) the applicant is unable to secure the necessary funds from other sources upon comparable terms and conditions; and (3) the loan is an acceptable risk taking into consideration the need for the rehabilitation, the security available for the loan, and the ability of the applicant to repay the loan. Notwithstanding the preceding provisions of this subsection, no loan with respect to residential property shall be made under this section to any person whose annual income, as determined pursuant to criteria and procedures established by the Secretary, exceeds the limits prescribed by the Secretary for occupants of projects financed with below-market interest rate mortgages insured (in the area involved) under section 221(d) (3) of the National Housing Act: Provided, That the provisions of this sentence shall not apply to property in the area of an urban renewal project or a code enforcement project for which the city or other local public body or agency is receiving financial assistance under title I of the Housing Act of 1949 if, prior to the date of enactment of the Housing and Urban Development Act of 1968, such local public body or agency specifically developed plans for such project in reliance upon the availability of loans under this section. (b) For the purposes of this section (1) the term "rehabilitation" means the improvement or repair of a structure or facilities in connection with a structure, and may include the provision of such sanitary or other facilities as are required by applicable codes, the urban renewal plan, or a statewide property insurance plan to be provided by the owner or tenant of the property; 1 Sec. 509 (c), Housing and Urban Development Act of 1968, Public Law 90-448, approved Aug. 1, 1968, 82 Stat. 476, 523, added this provision which permits a loan to include an amount for the general improvement of the property. 2 Sec. 509, Housing and Urban Development Act of 1968, Public Law 90-448, approved Aug. 1, 1968, 82 Stat. 476, 523, added subparagraphs (B) and (C). Sec. 509 (e), Housing and Urban Development Act of 1968, Public Law 90-448, approved Aug. 1, 1968, 82 Stat. 476, 524, added this sentence. |