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Section 1411. Court review of onders
Subsection (a) permits any person aggrieved by an order or determination of the Secretary, which was issued after a hearing, to obtain review in the U.S. court of appeals for the circuit in which the person resides or has his principal place of business or in the U.S. Court of Appeals for the District of Columbia.
Subsection (b) provides that commencement of proceedings under subsection (a) will not stay the Secretary's order unless specifically ordered by the court. Section 1412. Limitation of actions
This section bars the bringing of an action to enforce any liability created under section 1410 (a) or (b) (2) unless it is brought within 1 year after discovery of the untrue statement or the omission or after the discovery should have been made. If the action is to enforce a liability established under section 1410(b) (1), it must be brought within 2 years after the violation upon which it is based. No action under the act may be brought more than 3 years after the sale or lease of the property. Section 1413. Contrary stipulations void
This section provides that any condition, stipulation, or provision requiring a person to waive compliance with the title, or rules and regulations of the Secretary pursuant to it, shall be void. Section. 1414. Additional remedies
This section provides that rights and remedies under the title are in addition to other rights and remedies at law or equity. Section 1415. Investigations, injunctions, and prosecution of offenses
Subsection (a) authorizes the Secretary to file suit to prohibit violations of the title or any rule or regulation promulgated pursuant thereto in any U.S. district court or in the U.S. District Court for the District of Columbia. The Secretary is also authorized to transmit evidence concerning prohibited acts or practices to the Attorney General who may institute criminal proceedings.
Subsection (b) authorizes the Secretary to initiate investigations to determine if any person has violated or is about to violate the title or rules or regulations prescribed pursuant to it.
Subsection (c) empowers the Secretary or his designee to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, spondence, memorandums, or other records relevant or material to an investigation or proceeding under the title.
Subsection (d) and (e) provide for enforcement in the U.S. district courts of subpenas issued by the Secretary and for procedures concerning attendance and testifying at hearings prescribed by the Secretary. Section 1416. Administration
Subsection (a) vests authority and responsibility for administering the act in the Secretary of Housing and Urban Development and gives him authority to delegate any functions, duties, and powers under the act to employees of the Department or to boards of such employees in accordance with the provisions of sections 3105, 3344, 5362, and 7521 of title 5 of the United States Code.
Subsection (b) provides that all hearings will be public and that appropriate records will be kept. It further requires that any order issued after such hearing shall be based on the record made in such hearing and that such hearing will be conducted in accordance with the provisions of the administrative Procedure Act. Section 1417. Unlawful representations
This section provides that the fact that a statement of record has been filed or is in effect does not constitute a finding by the Secretary of Housing and Urban Development that it is true and accurate on its face or that the Secretary has passed on the merits or approved a subdivision. Section 1418. Penalties
This section establishes penalties for any person who violates the provisions of the title or any rules and regulations issued pursuant to the provisions of the title. The maximum penalty is a fine of not more than $5,000 or imprisonment for not more than 5 years, or both. Section 1419. Rules, regulations, and orders
This section authorizes the Secretary of Housing and Urban Development to make, issue, amend, and rescind rules, regulations, and orders necessary or appropriate to the exercise of his functions and powers under the act. Section 1420. Jurisdiction of offenses and suits
This section provides that the U.S. district courts and the U.S. District Court for the District of Columbia shall have jurisdiction of offenses and violations under the title and the rules and regulations prescribed pursuant to it. It provides these courts concurrent jurisdiction with State courts for all suits in equity or at law to enforce liabilities or duties created by this title and that no case under this title brought in any State court of competent jurisdiction shall be removed to any U.S. court unless the United States or any officer or employee of the United States in his official capacity shall be a party. Section 1481. Appropriations
This section authorizes appropriations to carry out the purposes of this title. Section 1422. Effective date
This section provides that the title shall be effective 270 days after enactment.
TITLE XV-MORTGAGE INSURANCE FOR NONPROFIT HOSPITALS
Section 1501. Amendment to National Housing Act
This section adds to title II of the National Housing Act a new section 242, establishing a new FHA program under which the Secretary of HUD will insure mortgages covering new or rehabilitated hospitals (including initial equipment). To be eligible for such insurance, the mortgage could not exceed $25 million or 90 percent of replacement cost, and the hospital must be owned and operated by one or more nonprofit organizations. The Secretary may, in his discretion, require the mortgagor to be restricted or regulated as to charges and methods of financing. A certification that the hospital
is needed, and that State or local laws providing for minimum standards will be applied and enforced, is required
from the State health agency designated for the State involved under section 604(a).(1) of the Public Health Service Act. The agencies involved are directed to encourage programs providing comprehensive health care, including outpatient and preventive care, in carrying out their activities and functions under the new section.
Insurance of mortgages to provide permanent financing or refinancing of existing indebtedness for hospitals constructed after December 31, 1965, and before the date of enactment is authorized up to an aggregate limit of $20 million. Section 1502. Labor standards
This section amends section 212 of the National Housing Act to make FHA's labor standards provisions (Davis-Bacon Act) applicable to hospitals financed with mortgage insurance under the new section 242 except that compliance may be waived by the Secretary in cases where laborers or mechanics voluntarily donate their services for the purpose of lowering hospital construction costs.
TITLE XVI-HOUSING GOALS
Section 1601. Reaffirmation of goal
In this section the Congress finds that the Nation's housing supply is not increasing rapidly enough to meet the national housing goalthe “realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family.” The Congress reaffirms this goal, and determines that it can be substantially achieved within the next decade by the construction or rehabilitation of 26 million housing units, including 6 million for low and moderate income families.
REPORT OUTLINING PLAN
Section 1602. Report outlining plan
This section requires the President to make a report to Congress on or before January 15, 1969, setting forth a 10-year plan covering the period June 30, 1968, to June 30, 1978. This plan would indicate the number of units it is anticipated will have to be provided in both the Government-assisted and the conventional markets for each of the 10 years, together with a statement of what reduction in substandard units is expected, an estimate of costs in the various Federal programs for carrying out the plan, and recommendations for administrative or legislative action. The report would also include an estimate of residential mortgage market needs, including availability and flow of mortgage funds, for the coming year, and such other data and recommendations as are deemed pertinent.
Section 1603. Periodic reports
This section requires annual reports by the President on January 15 of each year, which reports would compare the results for the previous year with the goals set forth in the plan for that year. These annual reports would give reasons for not meeting objectives, if that be the case, and would also set forth any revised objectives as would be necessary, together with an estimate of the availability and flow of mortgage funds for the coming year. The annual reports would also provide an analysis of the monetary and fiscal policies for the coming calendar year required to carry out the objectives of the plan, and could contain such further legislative or administrative recommendations as are deemed appropriate by the President. Section 1604. Commission on mortgage interest rates
This section provides that funds, appropriated and available for studies of housing markets and credit under section 301 of the Housing Act of 1948 and section 602(a) of the Housing Act of 1966, shall be available for expenses of the Commission to study mortgage interest rates established by section 4(b) of Public Law 90-301.
Section 1701. Model cities
Subsection (a) amends section 111(a) of the Demonstration Cities and Metropolitan Development Act of 1966 to authorize the appropriation of $12 million for the provision of planning and technical assistance for fiscal year 1969.
Subsection (b) amends section 111(b) of the 1966 act to authorize the appropriation of $1 billion for the demonstration cities program for fiscal year 1970.
Subsection (c) amends section 111(c) of the 1966 act to provide that any amounts authorized but not appropriated for any fiscal year may be appropriated for any succeeding fiscal year through fiscal year 1970. Section 1702. Urban renewal demonstration grant program
This section amends section 314 of the Housing Act of 1954 to provide that demonstration grants may be made thereunder to nonprofit organizations as well as to public bodies. Where a grant is made to a nonprofit organization, its assisted activities and undertakings shall not be inconsistent with the program of the local public agency. It also increases from 6643 to 90 percent of cost the maximum amount of such a grant, and increases from $10 to $20 million the funds available for the program. Section 1709. Authorization for urban information and technical
assistance services program This section amends section 906 of the Demonstration Cities and Metropolitan Development Act of 1966 to authorize the appropriation of $5 million for fiscal year 1969 and $15 million for fiscal year 1970 for the urban information and technical assistance services program under title IX of that act. It also provides that any amounts authorized but not appropriated for any fiscal year may be appropriated for any succeeding fiscal year through fiscal year 1970. Section 1704. Advances in technology in housing and urban develop
ment This section amends section 1010 of the Demonstration Cities and Metropolitan Development Act of 1966 to authorize the appropriation of such sums as may be necessary for the program of utilization of
advances in technology beginning with fiscal year 1969, and to per-
This section extensively amends title IV of the Housing Act of 1950 to provide that the Secretary of HUD, in addition to making loans as presently provided for to an educational institution for the construction or acquisition and renovation of facilities under the college housing program or making loans to such an institution for the purchase of existing facilities that are not in need of any renovation (as newly provided for by the amendments in this section), may make annual grants to such an institution (separately or in combination with loans) for the purpose of reducing the institution's cost of borrowing from other sources. These grants are to be made under contracts for periods of up to 40 years, each grant being equal to the difference between the actual average annual debt service required to be paid as a cost of borrowing from other sources and the average annual debt service which would be required under a college housing loan at the interest rate established for such loans under title IV of the 1950 act. The aggregate amount of contracts for these grants could not exceed the amount authorized in appropriation acts, and could not exceed $10 million initially or $20 million after June 30, 1969.
It also makes the limitations and restrictions with regard to dealing in underwriting, and purchasing investment securities by a national bank for its own account inapplicable to State or local obligations issued for housing, university, or dormitory purposes. Section 1706. Housing for the elderly
This section amends section 202(a) of the Housing Act of 1959 to make limited-profit sponsors (along with private nonprofit corporations, consumer cooperatives, and public bodies and agencies) eligible for loans to provide housing and related facilities for elderly or handicapped families thereunder. A loan to such a limited-profit sponsor could not exceed 90 percent of the development cost of the project. Section 1707. Federal-State training programs
This section amends title VIII of the Housing Act of 1964 to expand the Federal-State training program to permit grants to States for training subprofessional (as well as professional) persons to be employed in the fields of housing (as well as community) development by private nonprofit (as well as public) organizations. It also makes Guam, American Samoa, and the Trust Territory of the Pacific Islands eligible for these grants. Section 1708. Additional Assistant Secretary of Housing and Urban
Development This section amends section 4(a) of the Department of Housing and Urban Development Act and section 5313 of title 5, United States Code, to increase from five to six the number of Assistant Secretaries in the Department of HUD.