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through June, 1961

Separability

Sec. 611. Except as may be otherwise expressly provided in this Act, all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing: Notwithstanding any other evidences of the intention of Congress, it is hereby declared to be the controlling intent of Congress that if any provisions of this Act, or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its applications to other persons and circumstances, but shall be confined in its operation to the provisions of this Act or the application thereof to the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.

General Provisions

SEC. 612. No part of any appropriation, loan, fund, or expenditure authorized by or provided pursuant to this Act, shall be used directly or indirectly to pay the salary or wages of any officer or employee of the Housing and Home Finance Agency or the Department of Agriculture who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided, That for the purposes hereof an affidavit shall be considered prima facie evidence that the officer or employee making the affidavit has not contrary to the provisions of this section engaged in a strike against the Government of the United States, is not a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or that such officer or employee does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided further, That any person who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts an office or employment in the Housing and Home Finance Agency or the Department of Agriculture the salary or wages for which are paid from any appropriation, loan, fund, or expenditure authorized by or provided pursuant to this Act shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law.

Approved July 15, 1949.

Federal Employees-Strikes and Membership in Certain Organizations

SECTION 312, HOUSING ACT OF 1954

Public Law 560, 83d Congress

(Chapter 649—2d Session) (H.R. 7839)

(68 Stat. 590, 629; 42 U.S.C. 1450 note)
[Continuation for certain projects of urban redevelopment provisions of
Housing Act of 1949 in effect prior to Housing Act of 1954)

SEC. 312. Notwithstanding the amendments of this title to title I of the Housing Act of 1949, as amended, the Administrator, with respect to any project covered by any Federal aid contract executed, or prior approval granted, by him under said title I before the effective date of this Act, upon request of the local public agency, shall continue to extend financial assistance for the completion of such project in accordance with the provisions of said title I in force immediately prior to the effective date of this act.20

Approved August 2, 1954.

EXCERPTS FROM THE HOUSING ACT OF 1954, AS

AMENDED

Public Law 560, 83d Congress

(Chapter 649—2d Session) (H.R. 7839)

42 U.S.C. 1452a.

[Demonstration Grants]

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Sec. 314. The Housing and Home Finance Administrator is authorized to make grants, subject to such terms and conditions as he shall prescribe, Grants for Testing and to public bodies, including cities and other political subdivisions, to Reporting Methods, etc. assist them in developing, testing, and reporting methods and techniques, and carrying out demonstrations and other activities for the prevention and the elimination of slums and urban blight. No such grant shall exceed two-thirds of the cost, as determined or estimated by said Administrator, of such activities or undertakings. In administering this section, said Administrator shall give preference to those undertakings which

in his judgment can reasonably be expected to (1) contribute most signi- Limitation ficantly to the improvement of methods and techniques for the elimination and prevention of slums and blight, and (2) best serve to guide renewal programs in other communities. Said Administrator may make advance Advances or progress payments on account of any grant contracted to be made pursuant to this section, notwithstanding the provisions of section 3648 of the Revised Statutes, as amended. The aggregate amount of grants

23 The provisions of title I in force immediately prior to the effective date of the Housing Act of 1954, can be obtained upon request to the Housing and Home Finance Agency, Office of General Counsel. In addition, the footnotes to the provisions of title I as amended through June, 1961, appearing on previous pages, give a complete history of amendments made in the law since enactment of the Housing Act of 1949. Provisions of title I at any specific time can therefore be ascertained from those footnotes.

31 USC 529

made under this section shall not exceed $5,000,000 and shall be payable from the capital grant funds provided under and authorized by section 103(b) of the Housing Act of 1949, as amended.

Definitions

Sec. 703. As used in this title, (1) the term "State" shall mean any State, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; (2) the term “Administrator" shall mean the Housing and Home Finance Administrator; (3) the term “public works” shall include any public works other than housing; and (4) the term “public agency” or “public agencies” shall mean any State, as herein defined, or any public agency or political subdivision therein.

Title VIII—Miscellaneous Provisions

Report to President and
Congress

Sec. 802. (a) The Housing and Home Finance Administrator shall, as soon as practicable during each calendar year, make a report to the President for submission to the Congress on all operations under the jurisdiction of the Housing and Home Finance Agency during the previous calendar year.

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SEC. 811. The Housing and Home Finance Agency, including its constituent agencies, and any other departments or agencies of the Federal Government having powers, functions, or duties with respect to housing under this or any other law shall exercise such powers, functions, or duties in such manner as, consistent with the requirements thereof, will facilitate progress in the reduction of the vulnerability of congested urban areas to enemy attack.

Reduction of Vulnerability to Enemy Attack

Records

SEC. 814.21 Every contract between the Housing and Home Finance Agency (or any official or constitutent thereof) and any person or local body (including any corporation or public or private agency or body) for a loan, advance, grant, or contribution under the United States Housing Act of 1937, as amended, the Housing Act of 1949, as amended, or any other Act shall provide that such person or local body shall keep such records as the Housing and Home Finance Agency (or such official or constituent thereof) shall from time to time prescribe, including records which permit a speedy and effective audit and will fully disclose the amount and the disposition by such person or local body of the proceeds of the loan, advance, grant, or contribution, or any supplement thereto, the capital cost of any construction project for which any such loan, advance, grant, or contribution is made, and the amount of any private or other non-Federal funds used or grants-in-aid made for or in connection with any such project. No mortgage covering new or rehabilitated multifamily housing (as defined in section 227 of the National Housing Act, as amended) shall be insured unless the mortgagor certifies that he will keep such records as are prescribed by the Federal Housing Commissioner at the time of the certification and that they will be kept in such form as to permit a speedy and effective audit. The Housing and Home Finance Agency or any official or constituent agency thereof and the Comptroller General of the United States shall have access to and the right to examine and audit such

21 Section 814 amended to read as set forth in the text by section 908 of the Housing Act of 1961, Public Law 87–70, approved June 30, 1961, 75 Stat. 149, 191.

Effective Date

records. This section shall become effective on the first day after the first
full calendar month following the date of approval of the Housing Act
of 1961.
Applicants for Assistance Required to Submit Specifications

Sec. 815. Every contract for a loan, grant, or contribution under the United States Housing Act of 1937, as amended, or title I of the Housing Act of 1949, as amended, for the construction of a project shall require the submission of specifications with respect to such construction prior to the authorization for the award of the construction contract and the submission of data with respect to the acquisition of land prior to the authoriza-, tion to acquire such land.

Report to Congress of Information on Housing

SEC. 817. The annual report made by the Housing and Home Finance Administrator to the President for submission to the Congress on all operations provided for by section 802 hereof shall contain pertinent information with respect to all projects for which any loan, contribution, or grant has been made by the Housing and Home Finance Agency, including the amount of loans, contributions and grants contracted

for, and shall also contain pertinent information with respect to all builders' cost certifications required by section 227 of the National Housing Act, as amended, including information as to the amounts paid by mortgagors to mortgagees for application to the reduction of the principal obligations of the mortgages pursuant to that section. Act Controlling

Sec. 818. Insofar as the provisions of any other law are inconsistent with the provisions of this Act, the provisions of this Act shall be controlling Separability

Sec. 819. Except as may be otherwise expressly provided in this Act, all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing. Notwithstanding any other evidences of the intention of Congress, it is hereby declared to be the controlling intent of Congress that if any provisions of this Act, or the application therof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair, or invalidate the remainder of this Act or its application to other persons and circumstances.

Approved August 2, 1954.

SPECIAL URBAN RENEWAL MORTGAGE INSURANCE PROGRAMS ADMINISTERED BY THE FEDERAL HOUSING ADMINISTRATION

22

EXCERPTS FROM THE NATIONAL HOUSING ACT, AS

AMENDED

Public Law 479, 73d Congress
(48 Stat. 1246; 12 U.S.C. 1715k., and 17151.)

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Rehabilitation and Neighborhood Conservation Housing

Insurance

SEC. 220. (a) The purpose of this section is to aid in the elimination of slums and blighted conditions and the prevention of the deterioration of residential property by supplementing the insurance of mortgages under sections 203 and 207 of this title with a system of loan and mortgage insurance designed to assist the financing required for the rehabilitation of existing dwelling accommodations and the construction of new dwelling accommodations where such dwelling accommodations are located in an area referred to in paragraph (1) of subsection (d) of this section.

(b) The Commissioner is authorized, upon application by the mortgagee, to insure, as hereinafter provided, any mortgage (including advances during construction on mortgages covering property of the character described in paragraph (3) (B) of subsection (d) of this section) which is eligible for insurance as hereinafter provided, and, upon such terms and conditions as he may prescribe, to make commitments for the insurance of such mortgages prior to the date of their execution or disbursement thereon.

(c) As used in this section, the terms “mortgage”, “first mortgage", “mortgagee”, “mortgagor”, “maturity date”, and “State” shall have the same meaning as in section 201 of this Act.

(d) To be eligible for insurance under this section a mortgage shall meet the following conditions: (1) The mortgaged property shall

(A) be located in (i) the area of a slum clearance and urban redevelopment project covered by a Federal-aid contract executed or a prior approval granted, pursuant to title I of the Housing Act of 1949 before the effective date of the Housing Act of 1954, or (ii) an urban renewal area (as defined in title I of the Housing Act of 1949, as amended) in a community respecting which the Housing and Home Finance Administrator has made the certification to the Commissioner provided for by section 101 (c) of the Housing Act of 1949, as amended, or (iii) the area of an urban renewal project assisted under section 111 of the Housing Act of 1949, as amended: Provided, That, in the case of an area within the purview of clause (i) or (ii) of this subparagraph, a redevelopment plan or an urban renewal plan (as defined in title I of the Housing Act of 1949, as amended), as the case may be, has been approved for such area by the governing body of the locality involved and by the Housing and Home Finance Administrator, and the Administrator has certified to the Commissioner that such plan conforms to a general plan for the locality as a whole and that there exist the necessary authority and financial

23 The Federal Housing Administration is a constituent agency of the Housing and Home Finance Agency.

Other FHA programs (which are not included in this compilation) assist urban renewal also, although they are not designed specifically for urban renewal purposes as are sections 220 and 221. These other programs include FHA insurance of (1) loans for modernization and repair under title I of the National Housing Act, (2) mortgages for rehabilitation of multifamily housing under the regular rental housing provisions of section 207: (3) mortgages for the purchase of existing housing; and (4) "open end” mortgages whereby property owners may obtain adidtional funds for modernization or basic improvements and repay them as part of the existing mortgage without the expense of complete refinancing.

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