section 10 shall not exceed the amount of the fixed annual contribution which would be established under this Act for a newly constructed project by such public housing agency designed to accommodate the comparable number, sizes, and kinds of families. The period over which payments will be made to a public housing agency for a project of low-rent housing in private accommodations under this section, and the aggregate amount of such payments, under a contract for annual contributions, shall be determined on the basis of the number of units in the community or communities under the jurisdiction of such agency which are in use (or can reasonably be expected to be placed in use) as low-rent housing in private accommodations under this section, taking into account the terms of the leases under which such units are (or will be) so used. In addition, contracts for financial assistance entered into by the Authority with a public housing agency pursuant to this section shall provide for reimbursement of reasonable and necessary expenses incurred by such agency in conducting surveys, listings, and inspections described in subsections (b) and (c).

(f) The provisions of sections 10 (h) and 15 (7) of this Act, and the workable program requirement in section 10 (e) of this Act and section 101 (c) of the Housing Act of 1949, shall not apply to low-rent housing in private accommodations provided under this section.

PENALTIES

SEC. 24. All general penal statutes relating to the larceny, embezzlement, or conversion or to the improper handling, retention, use, or disposal of public moneys or property of the United States shall apply to the moneys and property of the Authority and to moneys and properties of the United States entrusted to the Authority.

SEC. 25. Repealed.2

SEC. 26. Repealed.2

SEC. 27. Repealed.2

SEC. 28. Wherever the application of the provisions of this Act conflicts with the application of the provisions of Public Numbered 837, approved June 29, 1936 (49 Stat. 2025), Public Numbered 845, approved June 29, 1936 (49 Stat. 2035), or any other Act of the United States dealing with housing or slum clearance, or any Executive order, regulation, or other order thereunder, the provisions of this Act shall prevail.

SEC. 29. The President is hereby authorized to make available to the Alley Dwelling Authority, from any funds appropriated or otherwise provided to carry out the purposes of this Act, such sums as he deems necessary to carry out the purposes of the District of Columbia Alley Dwelling Act, approved June 12, 1934 (Public Numbered 307, Seventy-third Congress). Such sums shall be deposited in the Conver

1 Redesignated as sec. 24 by sec. 103(a), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 455. The former sec. 24 was repealed by Public Law 772, 80th Congress, approved June 25, 1948, 62 Stat. 683. See footnote below concerning repeal of secs. 25, 26, and 27 which is also applicable to the former sec. 24.

2 Repealed by Public Law 772, 80th Congress, approved June 25, 1948, 62 Stat. 683, secs. 25, 26, and 27 defined criminal acts and provided the penalties therefor relating to the low-rent public housing program. Public Law 772 revised and codified these provisions. See title 18, United States Code (1946 ed. Supp. III), secs. 641, 709, and 1012 for the criminal provisions formerly set forth in secs. 25 through 27.

3 Executive Order 9344, dated May 21, 1943, changed the name of the Alley Dwelling Authority to the National Capital Housing Authority.

sion of Inhabited Alleys Fund and thereafter shall remain immediately available for the purposes of the District of Columbia Alley Dwelling Act.

SEC. 30. Notwithstanding any other evidences of the intention of Congress, it is hereby declared to be the controlling intent of Congress that if any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

SEC. 31. This Act may be cited as the "United States Housing Act of 1937."

Approved September 1, 1937.

CONVERSION OF STATE PROJECTS TO PUBLIC HOUSING

EXCERPT FROM HOUSING ACT OF 1949

[Public Law 171, 81st Cong., 63 Stat. 413, 440]

SEC. 606. Any low-rent or veterans' housing project undertaken or constructed under a program of a State or any political subdivision thereof shall be approved as a low-rent housing project under the terms of the United States Housing Act of 1937, as amended, if (a) a contract for State financial assistance for such project was entered into on or after January 1, 1948, and prior to January 1, 1950, (b) the project is or can become eligible for assistance by the Public Housing Administration in the form of loans and annual contributions under the provisions of the United States Housing Act of 1937, as amended, and (c) the public housing agency operating the project in the State makes application to the Public Housing Administration for Federal assistance for the project under the terms of the United States Housing Act of 1937, as amended: Provided, That loans made by the Public Housing Administration for the purpose of so converting the project to a project with Federal assistance shall be deemed, for the purposes of the provisions of section 9 and other sections of the United States Housing Act of 1937, to be loans to assist the development of the project. Section 503 of the Housing Act of 19482 is hereby repealed.

Approved July 15, 1949.

1 See supra.

*

2 Sec. 503 of the Housing Act of 1948 provided as follows:

"SEC. 503. Any low-rent or veterans' housing project undertaken or constructed under a program of a State or any political subdivision thereof and with the express purpose indicated in the State legislation of converting the project to a project with Federal assistance (if and when such Federal assistance becomes available), shall be approved as a low-rent housing project under the terms of the United States Housing Act of 1937, as amended, if (a) a contract for State financial assistance for such project was entered into prior to January 1, 1949, (b) the project is or can become eligible for assistance by the Public Housing Administration in the form of loans and annual contributions under the provisions of the United States Housing Act of 1937, as amended, and (c) the State or the public housing agency operating the project in the State makes application to the Public Housing Administration for Federal assistance for the project under the terms of the United States Housing Act of 1937, as amended: Provided, That loans made by the Public Housing Administration for the purposes of so converting the project to a project with Federal assistance shall be deemed for the purposes of the provisions of section 9 and other sections of the United States Housing Act of 1937, to be loans to assist the development of the project."

208

RESTRICTIONS IN APPROPRIATION ACTS

RESTRICTIONS IN INDEPENDENT OFFICES APPROPRIATION ACT, 1952

[Public Law 137, 82d Congress, 65 Stat. 268]

HOUSING AND HOME FINANCE AGENCY

PUBLIC HOUSING ADMINISTRATION

Annual contributions: For the payment of annual contributions to public housing agencies in accordance with section 10 of the United States Housing Act of 1937, as amended (42 U.S.C. 1410), $10,000,000: Provided, That except for payments required on contracts entered into prior to April 18, 1940, no part of this appropriation shall be available for payment to any public housing agency for expenditure in connec tion with any low-rent housing project, unless the public housing agency shall have adopted regulations prohibiting as a tenant of any such project by rental or occupancy any person other than a citizen of the United States, but such prohibition shall not be applicable in the case of a family of any serviceman or the family of any veteran who has been discharged (other than dishonorably) from, or the family and any serviceman who died in, the Armed Forces of the United States within four years prior to the date of application for admission to such housing: Provided further, That all expenditures of this appropriation shall be subject to audit and final settlement by the Comptroller General of the United States under the provisions of the Budget and Accounting Act of 1921, as amended: Provided further, That notwithstanding the provisions of the United States Housing Act of 1937, as amended, the Public Housing Administration shall not, with respect to projects initiated after March 1, 1949, authorize during the fiscal year 1952 the commencement of construction of in excess of fifty thousand dwelling units: Provided further,1 That the Public Housing Administration shall not, after the date of approval of this Act, authorize the construction of any projects initiated before or after March 1, 1949, in any locality in which such projects have been or may hereafter be rejected by the governing body of the locality or by public vote, unless such projects have been subsequently approved by the same procedure through which such rejection was expressed.

Approved August 31, 1951.

1 This proviso is the so-called "Roanoke amendment." The Comptroller General's de cision B-129759, dated November 28, 1956, held that this proviso had been superseded by the "Phillips" proviso (see "Restrictions in Independent Offices Appropriation Act, 1954," infra). As a result of this decision, a project rejected locally, such as by a referendum, need no longer be approved subsequently by the same procedure by which it was rejected. It can only be approved subsequently by the governing body.

RESTRICTIONS IN INDEPENDENT OFFICES APPROPRIATION ACT

OF 1953

[Public Law 455, 83d Congress, 66 Stat. 393, 403]

*

HOUSING AND HOME FINANCE AGENCY

PUBLIC HOUSING ADMINISTRATION

Annual contributions: For the payment of annual contributions to public housing agencies in accordance with section 10 of the United States Housing Act of 1937, as amended (42 U.S.C. 1410), $29,880,000: Provided, That except for payments required on contracts entered into prior to April 18, 1940, no part of this appropriation shall be available for payment to any public housing agency for expenditure in connection with any low-rent housing project, unless the public housing agency shall have adopted regulations prohibiting as a tenant of any such project by rental or occupancy any person other than a citizen of the United States, but such prohibition shall not be applicable in the case of a family of any serviceman or the family of any veteran who has been discharged (other than dishonorably) from, or the family of any serviceman who died in, the Armed Forces of the United States within four years prior to the date of application for admission to such housing: Provided further, That all expenditures of this appropriation shall be subject to audit and final settlement by the Comptroller General of the United States under the provisions of the Budget and Accounting Act of 1921, as amended: Provided further, That notwithstanding the provisions of the United States Housing Act of 1937, as amended, the Public Housing Administration shall not, with respect to projects initiated after March 1, 1949, (1) authorize during the fiscal year 1953 the commencement of construction of in excess of thirty-five thousand dwelling units, or (2)1 after the date of approval of this Act, enter into any agreement, contract, or other arrangement which will bind the Public Housing Administration with respect to loans, annual contributions, or authorizations for commencement of construction, for dwelling units aggregating in excess of thirty-five thousand to be authorized for commencement of construction during any one fiscal year subsequent to the fiscal year 1953, unless a greater number of units is hereafter authorized by the Congress: Provided further,2 That the Public Housing Administration shall not, after the date of

1 Clause 2 repealed by sec. 401(b) of the Housing Act of 1956, Public Law 1020, 84th Congress, approved August 7, 1956, 70 Stat. 1091, 1103.

This proviso is the so-called "Roanoke amendment" originally enacted in the Independent Offices Appropriation Act, 1952 (see supra). The Comptroller General's decision B-129759, dated November 28, 1956, held that this proviso had been superseded by the "Phillips" proviso (see infra). As a result of this decision, a project rejected locally, such as by a referendum, need no longer be approved subsequently by the same procedure by which it was rejected. It can only be approved subsequently by the governing body.