RELOCATION REQUIREMENTS AND PAYMENTS SEC. 7. (a) No financial assistance shall be extended to any project under section 3 unless the Administrator determines that an adequate relocation program is being carried on for families displaced by the project and that there are being or will be provided (in the same area or in other areas generally not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the displaced families) an equal number of decent, safe, and sanitary dwellings available to those displaced families and reasonably accessible to their places of employment. (b) Notwithstanding any other provision of this Act, financial assistance extended to any project under section 3 may include grants for relocation payments, as herein defined. Such grants may be in addition to other financial assistance for the project under section 3, and no part of the amount of such relocation payments shall be required to be contributed as a local grant. The term "relocation "Relocation pay- payments" means payments by the applicant to individuals, families, business concerns, and nonprofit organizations for their reasonable and necessary moving expenses and any actual direct losses of property, except goodwill or profit, for which reimbursement or compensation is not otherwise made, resulting from their displacement by the project. Such payments shall be made subject to such rules and regulations as may be prescribed by the Administrator, and shall not exceed $200 in the case of an individual or family, or $3,000 (or if greater the total certified actual moving expenses) in the case of a business concern or nonprofit organization. Such rules and regula tions may include provisions authorizing payment to individuals and families of fixed amounts (not to exceed $200 in any case) in lieu of their respective reasonable and necessary moving expenses and actual direct losses of property. ments." 78 STAT. 305, 78 STAT. 306. 64 Stat. 78; 73 Stat. 681. 12 USC 17498. COORDINATION OF FEDERAL ASSISTANCE FOR HIGHWAYS AND FOR MASS SEC. 8. In order to assure coordination of highway and railway and other mass transportation planning and development programs in urban areas, particularly with respect to the provision of mass transportation facilities in connection with federally assisted highways, the Administrator and the Secretary of Commerce shall consult on general urban transportation policies and programs and shall exchange information on proposed projects in urban areas. GENERAL PROVISIONS SEC. 9. (a) In the performance of, and with respect to, the functions, powers, and duties vested in him by this Act, the Administrator shall (in addition to any authority otherwise vested in him) have the func tions, powers, and duties set forth in section 402, except subsections (e) (2) and (f), of the Housing Act of 1950. Funds obtained or held by the Administrator in connection with the performance of his funetions under this Act shall be available for the administrative expenses of the Administrator in connection with the performance of such functions. (b) All contracts for construction, reconstruction, or improvement of facilities and equipment in furtherance of the purposes for which a loan or grant is made under this Act, entered into by applicants under other than competitive bidding procedures as defined by the Administrator, shall provide that the Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination, have access to any books, documents, papers, and records of the contracting parties that are pertinent to the operations or activities under such contracts. (c) All contracts for construction, reconstruction, or improvement of facilities and equipment in furtherance of the purposes for which a loan or grant is made under this Act shall provide that in the performance of the work the contractor shall use only such manufactured articles as have been manufactured in the United States. (d) As used in this Act (1) the term "States" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States; (2) the term "local public bodies" includes municipalities and other political subdivisions of States; public agencies and instrumentalities of one or more States, municipalities, and political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State; (3) the term "Administrator" means the Housing and Home Finance Administrator; (4) the term "urban area" means any area that includes a municipality or other built-up place which is appropriate, in the judgment of the Administrator, for a public transportation system to serve commuters or others in the locality taking into consideration the local patterns and trends of urban growth; and Definitions. 78 STAT. 306. (5) the term "mass transportation" means transportation by bus 78 STAT. 307. or rail or other conveyance, either publicly or privately owned, serving the general public (but not including school buses or charter or sightseeing service) and moving over prescribed routes. (e) There are hereby authorized to be appropriated, out of any Appropriation money in the Treasury not otherwise appropriated, the funds neces- authorization. sary to carry out all functions under this Act except loans under section 3. All funds appropriated under this Act for other than administrative expenses shall remain available until expended. (f) None of the provisions of this Act shall be construed to authorize the Administrator to regulate in any manner the mode of operation of any mass transportation system with respect to which a grant is made under section 3 or, after such grant is made, to regulate the rates, fares, tolls, rentals, or other charges fixed or prescribed for such system by any local public or private transit agency; but nothing in this subsection shall prevent the Administrator from taking such actions as may be necessary to require compliance by the agency or agencies involved with any undertakings furnished by such agency or agencies in connection with the application for the grant. LABOR STANDARDS SEC. 10. (a) The Administrator shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed with the assistance of loans or grants under this Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. The Administrator shall not approve any such loan or grant without first obtaining adequate assurance that required labor standards will be maintained upon the construction work. (b) The Secretary of Labor shall have, with respect to the labor standards specified in subsection (a), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 63 Stat. 108. 54 Stat. 905. 49 USC 5. 78 STAT. 307. 78 STAT. 308. Stat. 1267; 5 U.S.C. 1332–15), and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c). (c) It shall be a condition of any assistance under this Act that fair and equitable arrangements are made, as determined by the Secretary of Labor, to protect the interests of employees affected by such assistance. Such protective arrangements shall include, without being limited to, such provisions as may be necessary for (1) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise; (2) the continuation of collective bargaining rights; (3) the protection of individual employees against a worsening of their positions with respect to their employment; (4) assurances of employment to employees of acquired mass transportation systems and priority of reemployment of employees terminated or laid off; and (5) paid training or retraining programs. Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no event provide benefits less than those established pursuant to section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended. The contract for the granting of any such assistance shall specify the terms and conditions of the protective arrangements. AIR POLLUTION CONTROL SEC. 11. In providing financial assistance to any project under section 3, the Administrator shall take into consideration whether the facilities and equipment to be acquired, constructed, reconstructed, or improved will be designed and equipped to prevent and control air pollution in accordance with any criteria established for this purpose by the Secretary of Health, Education, and Welfare. STATE LIMITATION SEC. 12. Grants made under section 3 (other than grants for relocation payments in accordance with section 7(b)) for projects in any one State shall not exceed in the aggregate 122 per centum of the aggregate amount of grant funds authorized to be appropriated pursuant to section 4(b). Approved July 9, 1964. LEGISLATIVE HISTORY: HOUSE REPORT No. 204 accompanying H. R. 3881 (Comm. on Banking & Currency). SENATE REPORTS: Nos. 82, 83 (Comm. on Banking and Currency; Commerce). Vol. 109 (1963): Apr. 1-3, considered in Senate. Apr. 4, considered and passed Senate. Vol. 110 (1964): June 24, considered in House. June 25, considered and passed House, amended, in lieu of H. R. 3881. June 30, Senate concurred in House amendment. 88th Congress, H. R. 7508 August 30, 1964 An Act 78 STAT. 695. To amend title 28, United States Code, to establish jurisdiction and venue for appeals from orders of the Interstate Commerce Commission in judicial ref erence cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1336 Interstate Comof title 28, United States Code, is amended by designating its present merce Commission. text as subsection (a) and by adding at the end thereof the following new subsections: (b) When a district court or the Court of Claims refers a question or issue to the Interstate Commerce Commission for determination, the court which referred the question or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Interstate Commerce Commission arising out of such referral. (c) Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Interstate Commerce Commission becomes final." Orders. 62 Stat. 931. SEC. 2. Section 1398 of title 28, United States Code, is amended by 62 Stat. 936. designating its present text as subsection (a) and by adding at the end thereof the following new subsection: (b) A civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, an order of the Interstate Commerce Commission made pursuant to the referral of a question or issue by a district court or by the Court of Claims, shall be brought only in the court which referred the question or issue." Approved August 30, 1964. LEGISLATIVE HISTORY: HOUSE REPORT No. 1015 (Comm. on the Judiciary). Vol. 109 (1963): Dec. 17, passed House. Vol. 110 (1964): Aug. 15, considered and passed Senate. To amend the Railway Labor Act to provide that the terms of office of members of the National Mediation Board shall expire on July 1. a National Mediation Board. Terms of office. 44 Stat. 579. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third sentence of the initial paragraph of section 4 of the Railway Labor Act is amended to read as follows: "Each member of the Mediation Board in office on January 1, 1965, shall be deemed to have been appointed for term of office which shall expire on July 1 of the year his term would 45 USC 154. have otherwise expired." Such paragraph is further amended by inserting at the end thereof the following new sentence: "Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified." Approved August 31, 1964. LEGISLATIVE HISTORY: HOUSE REPORT No. 1032 (Comm. on Interstate & Foreign Commerce). CONGRESSIONAL RECORD: Vol. 109 (1963): Dec. 17, passed House. |