Acquisition of unim proved land, eto. 40 USC 257. Amendments of 1955, and to exercise the rights as holder of such capital stock during the life of such mortgage and, upon the termination of the mortgage, to dissolve the corporation; to guarantee the payment of notes or other legal instruments required by the Commissioner of such mortgagors; to make payments thereon; and to guarantee and indemnify the Armed Services Housing Mortgage Insurance Fund against loss in cases where so required. All housing facilities placed under the control of the Secretary of Defense pursuant to the provisions of this title shall be deemed to be housing facilities under the jurisdiction of the military department to which they are assigned. SEC. 404. Whenever the Secretary of Defense or his designee shall deem it necessary for the purposes of this title, he may acquire by purchase, donation, or other means of transfer, or may cause proceedings to be instituted in any court having jurisdiction of such proceedings to acquire by condemnation, any unimproved land, or (with the approval of the Federal Housing Commissioner) 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. Notwithstanding the provisions of any other law, the price paid for any such unimproved land or housing purchased by the Secretary under this or any other law shall be the fair market value of such land or housing as determined by the Secretary on the basis of an independent appraisal, and, in connection with any agreements to purchase such housing, the Secretary of Defense or his designee may assume, or purchase subject to, any such mortgage. Any such condemnation proceedings shall be conducted in accordance with the provisions of the Act of August 1, 1888 (25 Stat. 357), as amended, or any other applicable Federal statute. Before condemnation proceedings are instituted pursuant to this section, an effort shall be made to acquire the property involved by negotiation unless, because of reasonable doubt as to the identity of the owner or owners, because of the large number of persons with whom it would be necessary to negotiate, or for other reasons, the effort to acquire by negotiation would involve, in the judgment of the Secretary, such delay in acquiring the property as to be contrary to the interest of national defense. In any condemnation proceeding instituted pursuant to this section, the court shall not order the party in possession to surrender possession in advance of final judgment unless a declaration of taking has been filed, and a deposit of the amount estimated to be just compensation has been made, under the first section of the Act of February 26, 1931 (46 Stat. 1421), providing for such declarations. Unless title is in dispute, the courts, upon application, shall promptly pay to the owner at least 75 per centum of the amount so deposited, but such payment shall be made without prejudice to any party to the proceeding. Property acquired under this section may be occupied, used, and improved for the purposes of this section prior to the approval of title by the Attorney General as required by section 355 of the Revised Statutes, as amended. SEC. 405. The Secretary of Defense or his designee is authorized to maintain and operate any housing acquired under this title and assign quarters therein to military and civilian personnel and their dependents. Appropriations for quarters allowances or appropriate allowances, etc. allotments, and rental charges to civilian personnel, may be utilized by the military department concerned for the payment of principal, interest, and other obligations, except those of maintenance and operation, of the mortgagor corporation with respect to such housing projects. Such payments shall not exceed an average of $90 a month per housing unit and total payments for all housing so acquired shall not exceed $9,000,000 per month: Provided, That, in case of the United States Coast Guard, total payments for all housing so acquired shall not exceed $90,000 per month. 40 USC 258a. 40 USC 255. Use of quarters Coast Guard. SEC. 406. Whenever the Secretary of Defense or his designee determines that it is desirable in order to effectuate the purposes of this title, the Secretary is authorized, without regard to the civil service and classification laws, to procure, by negotiation or otherwise, the services of architects and engineers, or organizations thereof, under such arrangements as he deems desirable, but at an expense not in excess of that permissible under the schedule of fees allowed from time to time by the Public Housing Administration in connection with projects assisted under the United States Housing Act of 1937, as amended. Such services may include the development of plans, drawings, and specifications for family housing under this title and other services in connection therewith: Provided, That such plans, drawings, and specifications may include the use on any project to be constructed under this title of alternate materials or alternate types of construction, including prefabrication, that provide substantially equal value and conform to standards established by the Federal Housing Commissioner: Provided further, That the Secretary may designate certain sites or parts thereof for family housing to be furnished from prefabricated houses or housing components. Such arrangements may include provision for advance or progress payments, for payment by third parties, for payment by the Government of any such compensation as is not paid for by third parties, and shall include provision for reimbursement by third parties to the Government of any compensation or other expenses paid by the Government pursuant to this section, and may include other provisions for compensation. Any public works appropriations now or hereafter available to the Departments of the Army, Navy, or Air Force or the Coast Guard may be obligated by the respective departments or the Coast Guard for these purposes. Reimbursements to the Government on account of payments made pursuant to this section shall be made to appropriations against which such payments were charged. The Secretary is further authorized to advance or pay to the Federal Housing Administration its "Appraisal and Eligibility Statement" fees in connection with such family housing. The Secretary is further authorized to enter into arrangements by contract or otherwise for eventual acquisition by the Government, without cost to the Government of all right, title, and interest in sites on which housing is constructed pursuant to this title and improvements thereon. Services of architects and engineers. 50 Stat. 888. 42 USC 14011430. SEC. 407. (a) There are hereby authorized to be appropriated such Appropriations. sums as may be necessary to carry out the provisions of sections 403 through 406 of this Act. (b) Any funds heretofore or hereafter authorized to be expended by any of the military departments or the Coast Guard for the payment of allowances for quarters for military personnel may be used for the purposes specified in subsection (a) above. SEC. 408. Notwithstanding the provisions of section 401 of this Act, the provisions of title VIII of the National Housing Act in effect prior to the enactment of the Housing Amendments of 1955 shall continue in full force and effect with respect to all mortgages insured pursuant to a certification by the Secretary of Defense or his designee made on or before June 30, 1955, and a commitment to insure issued on or before June 30, 1956, or pursuant to a certification by the Atomic Energy Commission or its designee made on or before June 30, 1956, except that the maximum dollar amount for each such mortgage shall be $12,500,000. SEC. 409. (a) Wherever the terms "Secretary of Defense" or "Secretary" or "Secretary of the Army, Navy, or Air Force" appear in Prior commitments. this title or in title VIII of the National Housing Act, as amended by the Housing Amendments of 1955, they shall be deemed to mean the Secretary of the Treasury in the case of the application of the provisions of this title or of title VIII of the National Housing Act, as amended by the Housing Amendments of 1955, for the benefit of the United States Coast Guard. (b) Wherever the term "armed services" appears in this title it shall be deemed to include the United States Coast Guard. * * Approved August 11, 1955. * * ADDITIONAL LAWS AND INFORMATION PERTAINING TO THE FEDERAL HOUSING ADMINISTRATION ELIMINATION OF FEDERAL TAX EXEMPTION FROM DEBENTURES IN CONNECTION WITH CONTRACTS OF INSURANCE ENTERED INTO PURSUANT TO COMMITMENTS ISSUED ON OR AFTER MARCH 1, 1941, IN ACCORDANCE WITH THE PUBLIC DEBT ACT APPROVED FEBRUARY 19, 1941 (55 STAT. 7), AS AMENDED MARCH 28, 1942 (56 STAT. 189), JUNE 25, 1947 (61 STAT. 180). MORTGAGES INSURED PRIOR TO MARCH 1, 1941, OR PURSUANT TO COMMITMENTS ISSUED PRIOR TO SAID DATE ARE NOT AFFECTED Section 4 of the Public Debt Act of 1941, as amended, reads as follows: "SEC. 4 (a) Interest upon obligations, and dividends, earnings, or other income from shares, certificates, stock, or other evidences of ownership, and gain from the sale or disposition of such obligations and evidences of ownership issued on or after the effective date of the Public Debt Act of 1942 by the United States or any agency or instrumentality thereof shall not have any exemption, as such, and loss from the sale or other disposition of such obligations or evidences of ownership shall not have any special treatment, as such, under the Internal Revenue Code, or laws amenda tory or supplementary thereto; except that any such obligations which the United States Maritime Commission or the Federal Housing Administration had, prior to March 1, 1941, contracted to issue at a future date, shall when issued bear such tax-exemption privileges as were, at the time of such contract, provided in the law authorizing their issuance. For the purposes of this subsection a Territory, a possession of the United States, and the District of Columbia, and ary political subdivision thereof, and any agency or instrumentality of any one or more of the foregoing, shall not be considered as an agency or instrumentality of the United States. "(b) The provisions of this section shall, with respect to such obligations and evidences of ownership, be considered as amendatory of and supplementary to the respective Acts or parts of Acts authorizing the issuance of such obligations and evidences of onwership, as amended and supplemented." "(c) Nothing contained herein shall be construed to amend or repeal sections 114 and 115 of the Revenue Act of 1941." I August 2, 1954-Established at $20,342,900,000 ($20,842,900,000*) (Includes $16,493,200,000 in insurance in force and $2,349,700,000 in commitments outstanding July 1, 1954 plus $1,500,000,000 ($2,000,000,000*)). December 28, 1954. March 11, 1955... August 11, 1955.. Increased by President to $20,842,900,000. (Includes $17,552,400,000 in insurance in force and $3,965,200 in commitments outstanding July 1, 1955 plus $4,000,000,000). SECTION 203 (1) FARM LIMITATION August 2, 1954-Original limitation. $100, 000, 000 1 Based on outstanding liability plus claims paid less premiums and other collections until April 20, 1950 when authorization was changed to outstanding balance of insurance in force. 2 Proviso added that authorization be based on aggregate outstanding amount of net proceeds to borrower. Applies to all Sections of the National Housing Act (except Section 2 and Section 803 armed services housing). Prior to Aug. 2, 1954, this was a general authorization under which the President, at his discretion and within the specific limitation established by the Congress, could allocate unused authorization from this Section or other Sections (except Sec. 2) to any of the insurance programs (except Sec. 2). 4 With provision that $400 million of the total Section 217 authorization of $1,900 million should be available only for the insurance of mortgages for which no commitment was outstanding on June 30, 1952 and which cover (1) programmed defense housing, (2) Title VIII military housing, or (3) disaster housing. *With Presidential approval. |