US (United States) Code. Title 42. Chapter 9: Housing of persons engaged in National Defense

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL

DEFENSE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

-HEAD-

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

-MISC1-

SUBCHAPTER I - PROJECTS GENERALLY

Sec.

1501. Cooperation between departments; definitions;

limitation of projects.

1502. Initiation and development of projects; jurisdiction;

acquisition of property; fees of architects,

engineers, etc.

1502a. Repealed.

1503. Development of projects by Secretary; financial

assistance to public housing agencies.

1504. Rental rates; exemption from limitations of United

States Housing Act of 1937.

1505. Funds of Secretary of Housing and Urban Development.

1506. Administration of utilities and utility services;

granting of easements.

1507. Omitted.

SUBCHAPTER II - DEFENSE HOUSING

1521. Omitted.

1522. Definitions; actions to recover developed property.

1523. Omitted.

1524. Declaration of policy; disposal of housing.

SUBCHAPTER III - DEFENSE PUBLIC WORKS

1531 to 1536. Omitted.

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

1541. Omitted.

1542. Transfer of funds from other Federal agencies to

Secretary of Housing and Urban Development.

1543. Omitted.

1544. Power of Secretary of Housing and Urban Development to

manage, convey, etc., housing properties.

1545. Omitted.

1546. Payment of annual sums to local authorities in lieu of

taxes.

1547. Preservation of local civil and criminal jurisdiction

and civil rights.

1548. Rules and regulations; standards of safety,

convenience, and health.

1549. Laborers and mechanics; wages; preference in

employment.

1550. Separability.

1551. Repealed.

1552. Powers of certain agencies designated to provide

temporary shelter.

1553. Removal by Secretary of certain housing of temporary

character; exceptions for local communities; report

to Congress.

SUBCHAPTER V - DEFENSE HOUSING AND PUBLIC WORKS FOR DISTRICT OF

COLUMBIA

1561 to 1563. Omitted.

1564. Definitions.

SUBCHAPTER VI - HOUSING FOR DISTRESSED FAMILIES OF SERVICEMEN AND

VETERANS

1571 to 1576. Omitted or Repealed.

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

1581. Housing disposition.

(a) Mandatory transfers.

(b) Transfer to provide housing for parents of

deceased World War II servicemen.

(c) Requests for relinquishment and transfer.

(d) Representations by transferee as to use of

property; preferences.

(e) Waiver of removal requirements.

(f) Disposition of net revenue and proceeds;

transfer charges.

(g) Transfers for slum clearance and community

redevelopment projects.

(h) Transfers of temporary housing of masonry

construction.

1582. Temporary housing exempted from provisions of section

1553 of this title.

1583. Redetermination of demountable housing as temporary or

permanent.

1584. Removal of all dwelling structures on land under

Secretary's control; temporary housing exempted;

preference in fulfilling vacancies.

1585. Acquisition of housing sites.

(a) Lease, condemnation or purchase; temporary

housing.

(b) Land rentals.

(c) Reserve account; availability of moneys.

1586. Sale of specific housing projects.

(a) Conditions precedent.

(b) Projects as "low-rent housing".

(c) Conditions and requirements of agreements.

(d) Disposition of payments.

1587. Disposition of other permanent war housing.

(a) Public interest.

(b) Preference in sales to individuals.

(c) Preference in sales of projects.

(d) Equitable selection method for each preference

class.

(e) Veterans' preference.

(f) Terms of sales.

(g) Disregard of preferences in certain cases.

1588. Sale of vacant land to local housing authorities; sale

of personal property.

1589. Conveyance of land and nondwelling structures thereon

to States for National Guard purposes.

1589a. Extension by President of dates for disposal and other

actions relating to housing under this subchapter.

1589b. Establishment of income limitations for occupancy of

housing; effect on prior tenants.

1589c. Transfer of certain housing to Indians.

1589d. Undisposed housing.

(a) Disposal to highest bidder; rejection of bids;

disposal by negotiation.

(b) Contracts; time for passage of title;

termination of purchaser's rights.

(c) Dates.

1590. Definitions.

SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS

1591. Determination of critical areas by President;

requisite conditions.

1591a. Construction by private enterprise.

(a) Publication of number of units needed.

(b) Suspension of credit restrictions.

(c) Mortgage insurance.

(d) Construction by Government as conditional.

1591b. Community facilities or services by local agencies.

(a) Certification of necessity for loan.

(b) Certification of necessity for grants or other

payments.

(c) Maintenance and operation of facilities.

1591c. Expiration date; exception.

1591d. Powers as cumulative and additional.

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

1592. Authority of Secretary.

1592a. Construction of housing.

(a) Types, sales, preferences in purchases, and

payment.

(b) Temporary housing.

(c) Preference in admission to occupancy pending

ultimate disposition.

1592b. Maximum construction costs; determinations by

Secretary in certain condemnation proceedings.

1592c. Loans or grants for community facilities or services;

conditions; maximum amounts; annual adjustments.

1592d. Secretary's powers with respect to housing,

facilities, and services.

(a) Planning, acquisition, construction, etc.

(b) Condemnation.

(c) Return to original owner in certain cases.

1592e. Interagency transfers of property; application of

rules and regulations.

1592f. Preservation of local civil and criminal jurisdiction,

and civil rights; jurisdiction of State courts.

1592g. Payment of annual sums to local authorities in lieu of

taxes.

1592h. Conditions and requirements as to contracts;

utilization of existing facilities; disposition of

facilities constructed by United States.

1592i. Laborers and mechanics.

(a) Wages; overtime.

(b) Applicability of other laws.

(c) Stipulations in loan contracts as to wages;

certification.

(d) Reports by contractors and subcontractors to

Secretary of Labor.

(e) Prescription of standards, regulations, and

procedures by Secretary of Labor.

1592j. Disposition of moneys derived from rentals, operation,

and disposition of property.

1592k. Determination of fair rentals and classes of occupants

by Secretary.

1592l. Authorization of appropriations.

1592m. Transfer of functions and funds in certain cases.

1592n. Definitions.

1592o. Powers of Surgeon General of Public Health Service.

SUBCHAPTER X - DEVELOPMENT SITES FOR ISOLATED DEFENSE INSTALLATIONS

1593 to 1593d. Repealed.

1593e. Housing of persons displaced by acquisition of

property for defense installations or industries.

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

1594. Contracts for construction.

(a) Contract provisions; competitive bids.

(b) "Eligible bidder" defined.

(c) Acquisition of capital stock of property

covered by mortgage.

(d) Opinion as to title to property; guarantee;

title search and title insurance.

1594a. Acquisition of military housing financed under Armed

Services Housing Mortgage Insurance Fund and rental

housing at military bases.

(a) Purchase price.

(b) Housing at or near a military installation.

(c) Condemnation; procedures; deposit; payment;

interest.

(d) Occupancy; use, or improvement of property

before approval of title.

(e) Release of accrual requirements for

replacement, taxes, and hazard insurance

reserves.

(f) Use as public quarters or lease of housing.

1594a-1, 1594a-2. Repealed.

1594b. Maintenance and operation of housing; use of quarters;

payment of principal, interest, and other

obligations.

1594c. Services of architects and engineers; use of

appropriations; acquisition of sites.

1594d. Appropriations; use of quarters allowances.

1594e. Definitions.

1594f. Net floor area limitations.

1594g to 1594k. Repealed.

-End-

-CITE-

42 USC SUBCHAPTER I - PROJECTS GENERALLY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

SUBCHAPTER I - PROJECTS GENERALLY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1404a of this title;

title 12 sections 1715n, 1745.

-End-

-CITE-

42 USC Sec. 1501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1501. Cooperation between departments; definitions; limitation

of projects

-STATUTE-

In connection with the national defense program, the Departments

of the Navy, Army, and Air Force and the Secretary of Housing and

Urban Development are authorized to cooperate in making necessary

housing available for persons engaged in national defense

activities, as provided in this subchapter. "Persons engaged in

national defense activities" (as that term is used in this

subchapter) shall include (i) enlisted men with families, who are

in the naval and military service and officers of the Army, Air

Force, and Marine Corps not above the grade of captain, and

officers of the Navy and Coast Guard, not above the grade of

lieutenant and employees of the Departments of the Navy, Army, and

Air Force who are assigned to duty at naval or military

reservations, posts, or bases, and (ii) workers with families, who

are engaged or to be engaged in industries connected with and

essential to the national defense program. No project shall be

developed or assisted for the purposes of this subchapter except

with the approval of the President and upon a determination by him

that there is an acute shortage of housing in the locality involved

which impedes the national defense program.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 201, 54 Stat. 681; Oct. 26,

1942, ch. 626, Sec. 1(a), 56 Stat. 988; July 26, 1947, ch. 343,

title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-503; 1947 Reorg.

Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12 F.R. 4981, 61 Stat.

955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-MISC1-

AMENDMENTS

1942 - Act Oct. 26, 1942, substituted "and officers of the Army

and Marine Corps not above the grade of captain, and officers of

the Navy and Coast Guard, not above the grade of lieutenant" for

"(excluding officers)".

-CHANGE-

CHANGE OF NAME

Department of the Air Force inserted to conform to section

207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501,

502, and Secretary of Defense Transfer Orders No. 14, eff. July 1,

1948, and No. 40 [App. B (123)], July 22, 1949. Department of War

designated Department of the Army and title of Secretary of War

changed to Secretary of the Army by section 205(a) of such act July

26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947,

were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A

Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed

Forces", which in sections 3010 to 3013 and 8010 to 8013 continued

Departments of Army and Air Force under administrative supervision

of Secretary of the Army and Secretary of the Air Force,

respectively.

-MISC2-

SHORT TITLE OF 1951 AMENDMENT

Act Sept. 1, 1951, ch. 378, Sec. 1, 65 Stat. 293, provided: "That

this Act [enacting sections 1507, 1589a, 1589b, and 1591 to 1593e

of this title, sections 1701g-1 to 1701g-3, 1701i-1, 1715g, 1715h,

1716a, 1748g-1, 1750, 1750a, and 1750b to 1750g of Title 12, Banks

and Banking, section 2136 of the Appendix to Title 50, War and

National Defense, amended sections 1584 and 1585 of this title,

sections 371, 1430, 1701g, 1701j, 1702, 1706, 1710, 1713, 1715c,

1715d, 1715f, 1716, 1743, 1747a, 1747f, and 1747l, 1748b of Title

12, section 2135 of Title 50, App., and enacted provisions set out

as notes under section 1591 of this title and section 1748b of

Title 12] may be cited as the 'Defense Housing and Community

Facilities and Services Act'."

SHORT TITLE

Act Oct. 14, 1940, ch. 862, 54 Stat. 1125, which is classified to

subchapters II to VII of this chapter, is popularly known as the

"Lanham Public War Housing Act".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions of Public Housing Administration and Housing and Home

Finance Agency (of which Public Housing Administration was a

constituent agency) and of heads thereof transferred to Secretary

of Housing and Urban Development by Pub. L. 89-174, Sec. 5(a),

Sept. 9, 1965, 79 Stat. 669, which is classified to section 3534(a)

of this title. Section 9(c) of such act, set out as a note under

section 3531 of this title, provided that references to Housing and

Home Finance Agency or to any agency or officer therein are to be

deemed to mean Secretary of Housing and Urban Development and that

Housing and Home Finance Agency and Public Housing Administration

have lapsed.

United States Housing Authority consolidated into Housing and

Home Finance Agency by Reorg. Plan No. 3 of 1947, Sec. 1, eff. July

27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to

Title 5, Government Organization and Employees, and name of

Authority changed to Public Housing Administration by section 4(a)

of such Plan. Section 9 of Reorg. Plan No. 3 of 1947 abolished

office of Administrator of United States Housing Authority, whose

functions were transferred by section 4 of such Plan to Public

Housing Commissioner.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1502 of this title.

-End-

-CITE-

42 USC Sec. 1502 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1502. Initiation and development of projects; jurisdiction;

acquisition of property; fees of architects, engineers, etc.

-STATUTE-

(a) Projects may be initiated under this subchapter by the

Department of the Navy or Army or the Air Force to provide

dwellings on or near naval or military reservations, posts or bases

for rental to the officers, enlisted men and employees of the

Departments of the Navy, Army, and Air Force described in section

1501 of this title. Such projects shall be developed by the

Department of the Navy or Army or the Air Force or by the Secretary

of Housing and Urban Development, whichever the President

determines is better suited to the fulfillment of the purposes of

this subchapter with respect to any particular project. If the

development of such project is to be undertaken by the Department

of the Navy or Army or Air Force, the Secretary of Housing and

Urban Development is authorized to aid the development of the

project by furnishing technical assistance and by transferring to

such Department the funds necessary for the development of the

project. Any project developed for the purpose of this section

shall be leased to the Department of the Navy or Army or Air Force

by the Secretary of Housing and Urban Development (who shall have

title to such project until repayment of the cost thereof to the

Secretary of Housing and Urban Development as prescribed in such

lease) upon such terms as shall be prescribed in the lease, which

may be the same terms as are authorized by the United States

Housing Act of 1937 [42 U.S.C. 1437 et seq.], with respect to

leases to public housing agencies. All the provisions of said Act

which apply to the development of projects by the Secretary of

Housing and Urban Development shall (insofar as applicable and not

inconsistent herewith) apply to the development of projects by the

Department of the Navy or Army or Air Force. Notwithstanding other

provisions of this or any other law, the Department leasing a

project shall have the same jurisdiction over such project as it

has over the reservation, post or base in connection with which the

project is developed.

(b) The Department of the Navy or Army or Air Force, in

connection with any project developed or leased by it, and the

Secretary of Housing and Urban Development, in connection with any

project developed or assisted by him, for the purposes of this

subchapter, may acquire real or personal property or any interest

therein by purchase, eminent domain, gift, lease or otherwise. The

provisions of sections 3111 and 3112 of title 40 shall not apply to

the acquisition of any real property by the Department of the Navy

or Army or Air Force or by the Secretary of Housing and Urban

Development for the purposes of this subchapter or to the project

developed thereon, and the provisions of section 1302 of title 40,

shall not apply to any lease of any project developed for the

purposes of this subchapter or of any dwelling therein.

Condemnation proceedings instituted by the Secretary of Housing and

Urban Development shall be in the Secretary's own name and the

practice and procedure governing such proceedings by the United

States shall be followed, and the Secretary of Housing and Urban

Development shall likewise be entitled to proceed in accordance

with the provisions of sections 3114 to 3116 and 3118 of title 40

and an Act of Congress approved March 1, 1929 (45 Stat. 1415).(!1)

If the Secretary of Housing and Urban Development acquires land in

connection with a project to be assisted for the purposes of this

subchapter, the Secretary may convey such land to the public

housing agency involved for a consideration equal to the cost of

the land to the Secretary of Housing and Urban Development. The

Departments of the Navy, Army, and Air Force and the Secretary of

Housing and Urban Development may negotiate, contract and fix such

fees as they determine are reasonable for the services of

architects, engineers, surveyors, appraisers, title examiners and

real estate negotiators in connection with specific projects

developed by them under this subchapter. The Secretaries of Navy,

Army, and Air Force are authorized to make available to the

Secretary of Housing and Urban Development any land that is needed

for a project to be developed by the Secretary of Housing and Urban

Development and leased to the Department of the Navy or Army or Air

Force and to execute such leases, agreements and other instruments

with the Secretary of Housing and Urban Development as may be

necessary to carry out the purposes of this subchapter.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 202, 54 Stat. 682; Oct. 26,

1942, ch. 626, Sec. 1(b), 56 Stat. 988; July 26, 1947, ch. 343,

title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-503; 1947 Reorg.

Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12 F.R. 4981, 61 Stat.

955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937 and said Act, referred to

in subsec. (a), are act Sept. 1, 1937, ch. 896, as revised

generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974,

88 Stat. 653, which is classified generally to chapter 8 (Sec. 1437

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1437 of this

title and Tables.

The Act of Congress approved March 1, 1929, referred to in

subsec. (b), is act Mar. 1, 1929, ch. 416, 45 Stat. 1415, which was

classified to chapter 7 (Sec. 361 et seq.) of former Title 40,

Public Buildings, Property, and Works, and was repealed by Pub. L.

88-241, Sec. 21(b), Dec. 23, 1963, 77 Stat. 627.

-COD-

CODIFICATION

In subsec. (b), "sections 3111 and 3112 of title 40" substituted

for "section 355 of the Revised Statutes", "section 1302 of title

40" substituted for "section 321 of the Act of June 30, 1932

(U.S.C. 1934 edition, title 40, sec. 303b)", and "sections 3114 to

3116 and 3118 of title 40" substituted for "the Act of Congress

approved February 26, 1931 (46 Stat. 1421)" on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-CHANGE-

CHANGE OF NAME

Department of the Air Force inserted to conform to section

207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501,

502, and Secretary of Defense Transfer Order No. 40 [App. A(75)],

July 22, 1949. Department of War designated Department of the Army

and title of Secretary of War changed to Secretary of the Army by

section 205(a) of such act July 26, 1947. Sections 205(a) and

207(a), (f) of act July 26, 1947, were repealed by section 53 of

act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug.

10, 1956, enacted "Title 10, Armed Forces", which in sections 3010

to 3013 and 8010 to 8013 continued Departments of the Army and Air

Force under administrative supervision of Secretary of the Army and

Secretary of the Air Force, respectively.

-MISC1-

AMENDMENTS

1942 - Subsec. (a). Act Oct. 26, 1942, inserted "officers," after

"rental to the" in first sentence.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1501 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1502a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1502a. Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72

Stat. 1569

-MISC1-

Section, act July 15, 1955, ch. 368, title V, Sec. 509, 69 Stat.

351, related to acquisition of housing units for military personnel

and dependents. See section 2678 of Title 10, Armed Forces.

-End-

-CITE-

42 USC Sec. 1503 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1503. Development of projects by Secretary; financial

assistance to public housing agencies

-STATUTE-

In any localities where the President determines that there is an

acute shortage of housing which impedes the national defense

program and that the necessary housing would not otherwise be

provided when needed for persons engaged in national defense

activities, the Secretary of Housing and Urban Development may

undertake the development and administration of projects to assure

the availability of dwellings in such localities for such persons

and their families, or the Secretary of Housing and Urban

Development may extend financial assistance of public housing

agencies for the development and administration of such projects.

Such financial assistance to public housing agencies shall be

extended (except as otherwise provided herein and not inconsistent

herewith) under the provisions of, and in the same manner and forms

as provided in, title I (!1) of the United States Housing Act of

1937, as amended [42 U.S.C. 1437 et seq.], with respect to other

housing projects.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 203, 54 Stat. 683; 1947

Reorg. Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12 F.R. 4981, 61

Stat. 955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 1437 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1437 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1501 of this title.

-FOOTNOTE-

(!1) So in original. Reference should probably be to entire "United

States Housing Act of 1937" because such Act is not divided

into titles. See section 1437 et seq. of this title.

-End-

-CITE-

42 USC Sec. 1504 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1504. Rental rates; exemption from limitations of United

States Housing Act of 1937

-STATUTE-

Any contract made for financial assistance under the United

States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.],

may be revised so as to provide that the project involved will be

assisted for any of the purposes of this subchapter. The Department

of the Navy or Army or the Air Force or the Secretary of Housing

and Urban Development, in the administration of any project

developed for the purposes of this subchapter, shall fix rentals

for persons engaged in national defense activities and their

families which will be within their financial reach, and the

Secretary of Housing and Urban Development, in any contract for

financial assistance or any lease of such a project, shall require

the fixing of such rentals. Projects developed by the Department of

the Navy or Army or Air Force, or developed or assisted by the

Secretary of Housing and Urban Development, for the purposes of

this subchapter shall not be subject to the elimination

requirements of sections 10(a) and 11(a) of said Act [42 U.S.C.

1410(a), 1411(a)], or to any provisions of section 9 of said Act

[42 U.S.C. 1409] which would require any part of the development

cost thereof to be met in any manner other than from funds loaned

or furnished by the Secretary of Housing and Urban Development.

Funds expended for the purposes of this subchapter shall be

excluded in determining, for the purposes of section 21(d) (!1) of

said Act [42 U.S.C. 1421(d)], the amounts expended within each

State. Except as otherwise provided in this subchapter or as may be

inconsistent with this subchapter, all the provisions of title I

(!2) of the United States Housing Act of 1937 [42 U.S.C. 1437 et

seq.] shall apply to this subchapter. During the period when the

President determines that in any locality there is an acute need

for housing to assure the availability of dwellings for persons

engaged in national defense activities, dwellings in a project

developed or assisted in said locality which are devoted to the

purposes of providing housing for persons engaged in national

defense activities shall not be subject to sections 2(1) and 2(2)

of the United States Housing Act of 1937, as amended [42 U.S.C.

1402(1), (2)], and during such period such projects shall be deemed

projects of a low-rent character for the purposes of any of the

applicable provisions in title I (!2) of the United States Housing

Act of 1937.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 204, 54 Stat. 683; July 26,

1947, ch. 343, title II, Secs. 205(a), 207(a), (f), 61 Stat.

501-503; 1947 Reorg. Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12

F.R. 4981, 61 Stat. 955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965,

79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 1437 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1437 of this title and

Tables.

Sections 2, 9, 10(a), and 11(a) of the United States Housing Act

of 1937, referred to in text, is a reference to sections of the Act

prior to the general revision of the Act by Pub. L. 93-383. The Act

as so revised is classified to section 1437 et seq. of this title.

Provisions of former sections 2, 9, and 10(a) are covered by

sections 3, 4, and 5(a) of the Act which are classified to sections

1437a, 1437b, and 1437c(a) of this title.

Section 21(d) of said Act, referred to in text, was repealed by

Pub. L. 87-70, title II, Sec. 204(c), June 30, 1961, 75 Stat. 164.

-CHANGE-

CHANGE OF NAME

Department of the Air Force inserted to conform to section

207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501,

502, and Secretary of Defense Transfer Orders No. 14, eff. July 1,

1948, and No. 40 [App. B(124)], July 22, 1949. Department of War

designated Department of the Army and title of Secretary of War

changed to Secretary of the Army by section 205(a) of such act July

26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947,

were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A

Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed

Forces", which in sections 3010 to 3013 and 8010 to 8013 continued

Departments of the Army and Air Force under administrative

supervision of Secretary of the Army and Secretary of the Air

Force, respectively.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1501 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Reference should probably be to entire

"United States Housing Act of 1937" because such Act is not

divided into titles. See section 1437 et seq. of this title.

-End-

-CITE-

42 USC Sec. 1505 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1505. Funds of Secretary of Housing and Urban Development

-STATUTE-

The Secretary of Housing and Urban Development may use for the

purposes of this subchapter any of the funds or authorizations

heretofore or hereafter made available to it.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 205, 54 Stat. 683; 1947

Reorg. Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12 F.R. 4981, 61

Stat. 955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1501 of this title.

-MISC1-

PROVISIONS INAPPLICABLE TO THIS SUBCHAPTER

Section 205 of act June 28, 1940, contained the following

sentence: "The provisions of title I of this Act shall not apply to

this title [this subchapter]." The provisions of title I of act

June 28, 1940 were classified to the Code as section 40 of Title

41, Public Contracts, and sections 1151 to 1162 of Appendix to

Title 50, War and National Defense.

-End-

-CITE-

42 USC Sec. 1506 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1506. Administration of utilities and utility services;

granting of easements

-STATUTE-

(a) Any Federal agency (including any wholly owned Government

corporation) administering utility installations connected to a

utility system for housing under the jurisdiction of the Secretary

of Housing and Urban Development is authorized -

(1) to continue to provide utilities and utility services to

such housing as long as it is under the jurisdiction of the

Secretary;

(2) to contract with the purchasers or transferees of such

housing to continue the utility connection with such

installations and furnish such utilities and services as may be

available and needed in connection with such housing, for such

period of time (not exceeding the period of Federal

administration of such installations) and subject to such terms

(including the payment of the pro rata cost to the Government or

the market value of the utilities and services furnished,

whichever is greater) as may be determined by the head of the

agency;

(3) to dispose of such installations, when excess to the needs

of the agency, and where not excess to grant an option to

purchase, to the purchasers or transferees of such housing, for

an amount not less than the appraised value of the installations

and upon such terms and conditions as the head of the agency

shall establish.

(b) Any Federal agency (including any wholly owned Government

corporation) having under its jurisdiction lands across which run

any part of a utility system for housing under the jurisdiction of

the Secretary is authorized to grant to the Secretary, or to the

purchasers or transferees of such housing, easements (which may be

perpetual) on such land for utility purposes.

-SOURCE-

(June 28, 1948, ch. 688, Sec. 2, 62 Stat. 1063; Pub. L. 89-174,

Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-COD-

CODIFICATION

Section was not enacted as part of title II of act June 28, 1948,

ch. 440, 54 Stat. 681, known as title II of the National Defense

Expediting Act which comprises this subchapter.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Housing Administration and Housing and Home

Finance Agency (of which Public Housing Administration was a

constituent agency) and of heads thereof transferred to Secretary

of Housing and Urban Development by Pub. L. 89-174, Sec. 5(a),

Sept. 9, 1965, 79 Stat. 669, which is classified to section 3534(a)

of this title. Section 9(c) of such act, set out as a note under

section 3531 of this title, provided that references to Housing and

Home Finance Agency or to any agency or officer therein are to be

deemed to mean Secretary of Housing and Urban Development and that

Housing and Home Finance Agency and Public Housing Administration

have lapsed.

-End-

-CITE-

42 USC Sec. 1507 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1507. Omitted

-COD-

CODIFICATION

Section, act Sept. 1, 1951, ch. 378, title VI, Sec. 616, 65 Stat.

317, prohibited from Sept. 1, 1951 to June 30, 1953, initiation of

projects, and waiver or suspension of income limitations contained

in United States Housing Act of 1937, pursuant to authorization

contained in sections 1501 and 1505 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - DEFENSE HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER II - DEFENSE HOUSING

-HEAD-

SUBCHAPTER II - DEFENSE HOUSING

-MISC1-

REVOLVING FUND

Establishment of revolving fund under which to account for assets

and liabilities in connection with public war housing under

sections 1521 to 1524 of this title, see section 1701g-5 of Title

12, Banks and Banking.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1542, 1544, 1546,

1547, 1548, 1549, 1550, 1553, 1564, 1581, 1582, 1584, 1585, 1586,

1588, 1589, 1589b, 1590 of this title; title 12 sections 1701g-5,

1715n, 1745.

-End-

-CITE-

42 USC Sec. 1521 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER II - DEFENSE HOUSING

-HEAD-

Sec. 1521. Omitted

-COD-

CODIFICATION

Section, acts Oct. 14, 1940, ch. 862, title I, Sec. 1, 54 Stat.

1125; Apr. 29, 1941, ch. 80, Sec. 1, 55 Stat. 147; June 28, 1941,

ch. 260, Sec. 2, 55 Stat. 361; Jan. 21, 1942, ch. 14, Secs. 1, 11,

56 Stat. 11, 13; Ex. Ord. No. 9070, Sec. 1, eff. Feb. 24, 1942, 7

F.R. 1529; Apr. 20, 1950, ch. 94, title II, Sec. 204, 64 Stat. 73,

which related to the powers of the Housing and Home Administrator

respecting defense housing, was omitted pursuant to section

1(a)(12) of act July 3, 1952, ch. 570, 66 Stat. 332, as amended by

act Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18, which provided that

this section continue in force until six months after the

termination of the national emergency proclaimed by the President

on Dec. 16, 1950 by Proc. No. 2914, 15 F.R. 9029, 64 Stat. A. 454,

set out as a note preceding section 1 of the Appendix to Title 50,

War and National Defense, or on such earlier date or dates as

provided by Congress, but in no event beyond July 1, 1953.

-End-

-CITE-

42 USC Sec. 1522 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER II - DEFENSE HOUSING

-HEAD-

Sec. 1522. Definitions; actions to recover developed property

-STATUTE-

As used in subchapters II to VII of this chapter, (a) the term

"persons engaged in national-defense activities" shall include (1)

enlisted men in the naval or military services of the United

States; (2) employees of the United States in the Departments of

the Navy, Army, and Air Force assigned to duty at naval or military

reservations, posts, or bases; (3) workers engaged or to be engaged

in industries connected with and essential to the national defense;

(4) officers of the Army, Air Force, and Marine Corps not above the

grade of captain, and officers of the Navy and Coast Guard, not

above the grade of lieutenant, senior grade, assigned to duty at

naval or military reservations, posts, or bases, or to duty at

defense industries: Provided, That any proceedings for the recovery

of possession of any property or project developed or constructed

under this subchapter shall be brought by the Secretary of Housing

and Urban Development in the courts of the States having

jurisdiction of such causes and the laws of the States shall be

applicable thereto; (b) the term "Federal agency" means any

executive department or office (including the President),

independent establishment, commission, board, bureau, division, or

office in the executive branch of the United States Government, or

other agency of the United States, including corporations in which

the United States owns all or a majority of the stock, directly or

indirectly.

-SOURCE-

(Oct. 14, 1940, ch. 862, title I, Sec. 2, 54 Stat. 1126; Jan. 21,

1942, ch. 14, Sec. 2, 56 Stat. 11; Ex. Ord. No. 9070, Sec. 1, eff.

Feb. 24, 1942, 7 F.R. 1529; July 26, 1947, ch. 343, title II, Secs.

205(a), 207(a), (f), 61 Stat. 501-503; Apr. 20, 1950, ch. 94, title

II, Sec. 204, 64 Stat. 73; Pub. L. 89-174, Sec. 5(a), Sept. 9,

1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter III of this chapter, referred to in text, was

comprised of sections 1531 to 1536 of this title. Section 1532 was

omitted from the Code pursuant to the time limitation set out in

act July 3, 1952, ch. 570, Sec. 1(a)(12), 66 Stat. 332, as amended

by act Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18. Sections 1531,

1533, and 1534 were omitted from the Code upon the termination of

section 1532. Section 1535 was omitted from the Code as executed.

Section 1536 was omitted from the Code as not having been repeated

in subsequent appropriation acts.

Subchapter VI of this chapter, referred to in text, was comprised

of sections 1571 to 1576 of this title. Sections 1571 and 1573 have

been omitted from the Code pursuant to the time limitation set out

in act July 3, 1952, ch. 570, Sec. 1(a)(12), (21), 66 Stat. 332, as

amended by act Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18. Sections

1572 and 1575 were omitted upon the termination of sections 1571

and 1573. Section 1574 was repealed by act Oct. 31, 1951, ch. 654,

Sec. 1(113), 65 Stat. 706. Section 1576 was omitted from the Code

as not having been repeated in subsequent appropriation acts.

-CHANGE-

CHANGE OF NAME

Department of the Air Force inserted on authority of section

207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501,

502. Department of War designated Department of the Army and title

of Secretary of War changed to Secretary of the Army by section

205(a) of such act July 26, 1947. Sections 205(a) and 207(a), (f)

of act July 26, 1947, were repealed by section 53 of act Aug. 10,

1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces", which in sections 3010 to 3013

and 8010 to 8013 continued Departments of the Army and Air Force

under administrative supervision of Secretary of the Army and

Secretary of the Air Force, respectively.

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "Housing and Home Finance

Administrator" for "National Housing Administrator".

1942 - Act Jan. 21, 1942, inserted cl. (a)(4) and proviso.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions of Housing and Home Finance Agency transferred to

Secretary of Housing and Urban Development by Pub. L. 89-174, Sec.

5(a), Sept. 9, 1965, 79 Stat. 669, which is classified to section

3534(a) of this title. Section 9(c) of such act, set out as a note

under section 3531 of this title, provided that references to

Housing and Home Finance Agency or to any agency or officer therein

are to be deemed to mean Secretary of Housing and Urban Development

and that Housing and Home Finance Agency has lapsed.

Functions of Federal Works Administrator relating to defense

housing consolidated with other agencies into National Housing

Agency during World War II by Ex. Ord. No. 9070.

-End-

-CITE-

42 USC Sec. 1523 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER II - DEFENSE HOUSING

-HEAD-

Sec. 1523. Omitted

-COD-

CODIFICATION

Section, acts Oct. 14, 1940, ch. 862, title I, Sec. 3, 54 Stat.

1126; Apr. 29, 1941, ch. 80, Sec. 2, 55 Stat. 147; June 28, 1941,

ch. 260, Sec. 2, 55 Stat. 361; Jan. 21, 1942, ch. 14, Sec. 3, 56

Stat. 12; Ex. Ord. No. 9070, Sec. 1, eff. Feb 24, 1942, 7 F.R.

1529; Oct. 1, 1942, ch. 572, 56 Stat. 763; July 7, 1943, ch. 196,

Secs. 1, 2, 57 Stat. 387; July 1, 1944, ch. 374, 58 Stat. 720; Apr.

20, 1950, ch. 94, title II, Sec. 204, 64 Stat. 73, which related to

authorization of appropriations for the purpose of this subchapter,

was omitted in view of the omission of section 1521 of this title.

-MISC1-

PRIOR ADDITIONAL APPROPRIATIONS

Joint Res. Oct. 14, 1940, ch. 857, 54 Stat. 1115, $75,000,000.

Acts Mar. 1, 1941, ch. 9, 55 Stat. 14, $5,000,000.

May 24, 1941, ch. 132, 55 Stat. 199, $150,000,000.

Dec. 17, 1941, ch. 591, title III, 55 Stat. 818, $300,000,000.

Dec. 23, 1941, ch. 621, 55 Stat. 855, $300,000,000.

July 12, 1943, ch. 229, title I, 57 Stat. 540, $50,000,000.

Dec. 23, 1943, ch. 380, title I, 57 Stat. 618, $50,000,000.

Apr. 1, 1944, ch. 152, title I, 58 Stat. 153, $115,000,000.

June 28, 1944, ch. 304, title I, 58 Stat. 604.

Apr. 25, 1945, ch. 95 title I, 59 Stat. 82; July 5, 1945, ch.

271, title I, 59 Stat. 420, $84,373,000.

-End-

-CITE-

42 USC Sec. 1524 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER II - DEFENSE HOUSING

-HEAD-

Sec. 1524. Declaration of policy; disposal of housing

-STATUTE-

It is declared to be the policy of this subchapter to further the

national defense by providing housing in those areas where it

cannot otherwise be provided by private enterprise when needed, and

that such housing may be sold and disposed of as expeditiously as

possible: Provided, That in disposing of said housing consideration

shall be given to its full market value and said housing or any

part thereof shall not, unless specifically authorized by Congress,

be conveyed to any public or private agency organized for slum

clearance or to provide subsidized housing for persons of low

income: Provided further, That the Secretary of Housing and Urban

Development may, in his discretion, upon the request of the

Secretaries of the Army, Air Force or Navy transfer to the

jurisdiction of the Army, Air Force or Navy Departments such

housing constructed under the provisions of subchapters II to VII

of this chapter as may be considered to be permanently useful to

the Army, Air Force or Navy: Provided further, That whenever the

Secretary of Housing and Urban Development disposes of any

permanent house or structure containing not more than four family

dwelling units under authority of this subchapter by offering such

house or structure for sale on an individual basis, he shall, when

the purchaser is a veteran buying for his own occupancy, sell any

such house or structure (1) at a purchase price not in excess of

the apportioned cost of such house or structure and of the land and

appurtenances allocated thereto, together with the apportioned

share of the cost of all utilities and other facilities provided

for and common to the project of which such house or structure is a

part, or (2) at a purchase price not in excess of such considered

full market value of such house or structure and the land,

appurtenances, utilities and facilities allocated thereto,

whichever purchase price is the less: Provided further, That, for

the purposes of this section, housing constructed or acquired under

the provisions of Public Law 781, Seventy-sixth Congress, approved

September 9, 1940, or Public Law 9, 73, or 353, Seventy-seventh

Congress, approved, respectively, March 1, 1941, May 24, 1941, and

December 17, 1941, shall be deemed to be housing constructed or

acquired under subchapters II to VII of this chapter.

-SOURCE-

(Oct. 14, 1940, ch. 862, title I, Sec. 4, as added Jan. 21, 1942,

ch. 14, Sec. 4, 56 Stat. 12; amended Ex. Ord. No. 9070, Sec. 1,

eff. Feb. 24, 1942, 7 F.R. 1259; July 26, 1947, ch. 343, title II,

Secs. 205(a), 207(a), (f), 61 Stat. 501-503; June 19, 1948, ch.

520, 62 Stat. 492; June 28, 1948, ch. 688, Sec. 3, 62 Stat. 1064;

Apr. 20, 1950, ch. 94, title II, Sec. 204, 64 Stat. 73; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 of this title, and sections 1571

to 1576 of this title, respectively, and have been omitted from the

Code. For further details, see note set out under section 1522 of

this title.

Public Law 781, Seventy-sixth Congress, approved September 9,

1940, referred to in text, is the Second Supplemental National

Defense Appropriation Act, 1941, act Sept. 9, 1940, ch. 717, 54

Stat. 872. Section 201 thereof appropriated $100,000,000 to the

President for allocation to the former "War" Department, and to the

Navy Department, for the construction of housing necessary to the

national defense program. This provision is not classified to the

Code.

Public Laws 9, 73, or 353, Seventy-seventh Congress, referred to

in text, refer to the following acts, respectively: Public Law 9,

Urgent Deficiency Appropriation Act, 1941, act Mar. 1, 1941, ch. 9,

55 Stat. 14; Public Law 73, Additional Urgent Deficiency

Appropriation Act, 1941, act May 24, 1941, ch. 132, 55 Stat. 197;

and Public Law 353, Third Supplemental National Defense

Appropriation Act, 1942, act Dec. 17, 1941, ch. 591, 55 Stat. 810.

These three acts appropriated a total of $320,000,000 to the

President for the purpose of providing housing necessary because of

national defense activities and conditions arising out of World War

II. These provisions are not classified to the Code, although all

three acts are cited in a "Prior Additional Appropriations" note

under section 1523 of this title.

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "Housing and Home Finance

Administrator" for "National Housing Administrator" wherever

appearing.

1948 - Act June 19, 1948, inserted proviso to permit sale of

certain permanent war housing to veterans at a purchase price not

in excess of cost of construction.

Act June 28, 1948, inserted last proviso.

-CHANGE-

CHANGE OF NAME

Department of the Air Force inserted to conform to section

207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501,

502, and Secretary of Defense Transfer Orders No. 14, eff. July 1,

1948, and No. 40 [App. B(126)], July 29, 1949. Department of War

designated Department of the Army and title of Secretary of War

changed to Secretary of the Army by section 205(a) of such act July

26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947,

were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A

Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed

Forces", which in sections 3010 to 3013 and 8010 to 8013 continued

Departments of the Army and Air Force under administrative

supervision of Secretary of the Army and Secretary of the Air

Force, respectively.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1522 of this title.

Functions of Federal Works Administrator relating to defense

housing consolidated with other agencies into National Housing

Agency during World War II by Ex. Ord. No. 9070.

-End-

-CITE-

42 USC SUBCHAPTER III - DEFENSE PUBLIC WORKS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER III - DEFENSE PUBLIC WORKS

-HEAD-

SUBCHAPTER III - DEFENSE PUBLIC WORKS

-End-

-CITE-

42 USC Secs. 1531 to 1536 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER III - DEFENSE PUBLIC WORKS

-HEAD-

Secs. 1531 to 1536. Omitted

-COD-

CODIFICATION

Section 1531, act Oct. 14, 1940, ch. 862, title II, Sec. 201, as

added June 28, 1941, ch. 260, Sec. 3, 55 Stat. 361, which declared

the policy of this subchapter was to provide means by which public

works were to be acquired, operated, and maintained in the areas

described in section 1532 of this title, and defined public works,

was omitted in view of the omission of section 1532 of this title.

Section 1532, act Oct. 14, 1940, ch. 862, title II, Sec. 202, as

added June 28, 1941, ch. 260, Sec. 3, 55 Stat. 362; amended Ex.

Ord. No. 9070, Sec. 1, eff. Feb. 24, 1942, 7 F.R. 1529; June 30,

1949, ch. 288, title I, Sec. 103, 63 Stat. 380; Apr. 20, 1950, ch.

94, title II, Sec. 204, 64 Stat. 73; 1950 Reorg. Plan No. 17, Sec.

1, eff. May 24, 1950, 15 F.R. 3177, 64 Stat. 1269, which related to

the powers of the Housing and Home Administrator respecting defense

public works and defined private agency, was omitted pursuant to

section 1(a)(12) of act July 3, 1952, ch. 570, 66 Stat. 332, as

amended by act Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18, which

provided that this section continue in force until six months after

the termination of the national emergency proclaimed by the

President on Dec. 16, 1950 by Proc. No. 2914, 15 F.R. 9029 64 Stat.

A 454, set out as a note preceding section 1 of the Appendix to

Title 50, War and National Defense, or on such earlier date or

dates as provided by Congress, but in no event beyond July 1, 1953.

Section 1533, act Oct. 14, 1940, ch. 862, title II, Sec. 203, as

added June 28, 1941, ch. 260, Sec. 3, 55 Stat. 362; amended Ex.

Ord. No. 9070, Sec. 1, eff. Feb. 24, 1942, 7 F.R. 1259; June 30,

1949, ch. 288, title I, Sec. 103, 63 Stat. 380; Apr. 20, 1950, ch.

94, title II, Sec. 204, 64 Stat. 73; 1950 Reorg. Plan No. 17, Sec.

1, eff. May 24, 1950, 15 F.R. 3177, 64 Stat. 1269, which related to

the terms to be observed in the application of this subchapter and

restricted governmental supervision over schools and hospitals, was

omitted in view of the omission of section 1532 of this title.

Section 1534, act Oct. 14, 1940, ch. 862, title II, Sec. 204, as

added June 28, 1941, ch. 260, Sec. 3, 55 Stat. 363; amended Jan.

21, 1942, ch. 14, Sec. 5, 56 Stat. 12; July 15, 1943, ch. 240, 57

Stat. 565; July 3, 1945, ch. 264, Sec. 1, 59 Stat. 383, which

authorized appropriations to carry out the purposes of this

subchapter, was omitted in view of the omission of section 1532 of

this title.

Section 1535, act Oct. 14, 1940, ch. 862, title II, Sec. 205, as

added June 26, 1946, ch. 498, 60 Stat. 314, which authorized, for

the fiscal year ending June 30, 1947, contributions for the

operation and maintenance of school facilities in order to enable

school authorities that were still over-burdened with war-incurred

school enrollments to meet their needs during transition from war

to peacetime conditions.

Section 1536, act July 31, 1953, ch. 302, title I, Sec. 101, 67

Stat. 305, which authorized the Administrator to transfer projects

or facilities to other departments or agencies which request a

transfer, was enacted as a part of the First Independent Offices

Appropriation Act, 1954, and not as a part of title II of the

Lanham Public War Housing Act which comprised this subchapter, and

was not repeated in subsequent appropriation acts.

-MISC1-

LIMITATION ON USE OF FUNDS

Act July 15, 1943, as amended by act July 3, 1945, provided in

part that no funds be used for loans, grants, or contributions for

the operation day care or extended school services for children of

mothers employed in war areas if and when the War-Area-Child-Care

Act of 1943 (S. 1130, Seventy-eighth Congress, first session),

becomes law, no grant, loan, or contribution for the maintenance or

operation of public schools in any State be made without prior

consultation with the State department of education and the United

States Office of Education, and that none of the funds authorized

herein be used to acquire public works already operated by public

or private agencies, except where funds were allotted for

substantial additions or improvements to such works with the

consent of the owner, and that the total amount for contributions

to public and private agencies for the maintenance and operation of

public works after July 1, 1943, not exceed $120,000,000.

ADDITIONAL APPROPRIATIONS

Acts Apr. 25, 1945, ch. 95, title I, 59 Stat. 80; July 3, 1945,

ch. 264, Secs. 2, 3, 59 Stat. 383, provided in part for an

additional $20,000,000 to enable the Federal Works Administrator to

carry out the functions vested in him by sections 1531 to 1534 and

1541 of this title, which amount was to remain available during the

continuance of the unlimited national emergency declared by the

President on May 27, 1941 but which was not to be available for new

projects after June 30, 1946 and of which amount $800,000 was to be

available for administrative expenses, and the limitation of

$80,000,000 in the First Supplemental Appropriation Act, 1945, act

Mar. 31, 1945, ch. 47, 95 Stat. 46, on the total amount to be

allocated for contributions to public and private agencies for the

maintenance and operation of public works after July 1, 1943 be

increased to $85,000,000, and that in making allocations from the

funds herein appropriated for construction projects, priority be

given to emergency projects involving an estimated cost to the

Federal Government of less than $250,000.

-End-

-CITE-

42 USC SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING

SUBCHAPTERS II TO VII 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1522, 1524, 1581,

1582, 1584, 1585, 1586, 1588, 1589, 1589b, 1590 of this title;

title 12 sections 1715m, 1745.

-End-

-CITE-

42 USC Sec. 1541 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1541. Omitted

-MISC1-

Section, acts Oct. 14, 1940, ch. 862, title III, Sec. 301,

formerly Sec. 4, 54 Stat. 1127; renumbered title III, Sec. 301, and

amended June 28, 1941, ch. 260, Sec. 4(a), 55 Stat. 363; Apr. 10,

1942, ch. 239, Sec. 1, 56 Stat. 212, which provided that when

President declared that emergency declared by him on Sept. 8, 1939,

ceased to exist, the authority contained in sections 1521, 1532,

1561, and 1562 of this title terminate and that property acquired

or constructed under subchapters II to VII of this subchapter be

disposed of as promptly as advantageous under circumstances and in

public interest, was omitted pursuant to section 1(a)(12) of act

July 3, 1952, ch. 570, 66 Stat. 332, as amended by act Mar. 31,

1953, ch. 13, Sec. 1, 67 Stat. 18, which provided that this section

continue in force until six months after the national emergency

proclaimed by the President on Dec. 16, 1950 by Proc. No. 2914, 15

F.R. 9029, 64 Stat. a. 454, set out as a note preceding section 1

of the Appendix to Title 50, War and National Defense, or on such

earlier date or dates as approved by Congress, but in no event

beyond July 1, 1953.

-End-

-CITE-

42 USC Sec. 1542 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1542. Transfer of funds from other Federal agencies to

Secretary of Housing and Urban Development

-STATUTE-

Where any Federal agency has funds for the provision of housing

in connection with national-defense activities it may, in its

discretion, make transfers of those funds, in whole or in part, to

the Secretary of Housing and Urban Development, and the funds so

transferred shall be available for, but only for, any or all of the

objects and purposes of and in accordance with all the authority

and limitations contained in subchapters II to VII of this chapter,

and for administrative expenses in connection therewith.

-SOURCE-

(Oct. 14, 1940, ch. 862, title III, Sec. 302, formerly Sec. 5, 54

Stat. 1127; renumbered title III, Sec. 302, June 28, 1941, ch. 260,

Sec. 4(b), 55 Stat. 363; amended Ex. Ord. No. 9070, Sec. 1, eff.

Feb. 24, 1942, 7 F.R. 1529; Apr. 20, 1950, ch. 94, title II, Sec.

204, 64 Stat. 73; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79

Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "Housing and Home Finance

Administrator" for "National Housing Administrator".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1522 of this title.

Functions of Federal Works Administrator relating to defense

housing consolidated with other agencies into National Housing

Agency during World War II by Ex. Ord. No. 9070.

-End-

-CITE-

42 USC Sec. 1543 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1543. Omitted

-COD-

CODIFICATION

Section, acts Oct. 14, 1940, ch. 862, title III, Sec. 303,

formerly Sec. 6, 54 Stat. 1127; renumbered title III, Sec. 303,

June 28, 1941, ch. 260, Sec. 4(b), 55 Stat. 363; amended Ex. Ord.

No. 9070, Sec. 1, eff. Feb. 24, 1942, 7 F.R. 1529; July 7, 1943,

ch. 196, Sec. 3, 57 Stat. 388; Feb. 18, 1946, ch. 30, title I, Sec.

101, 60 Stat. 9; June 11, 1948, ch. 448, 62 Stat. 356; Apr. 20,

1950, ch. 94, title II, Sec. 204, 64 Stat. 73, which related to

disposition of moneys derived from rentals or operations of

acquired or constructed property and to establishment, limitations

on, and termination of reserves, was omitted in view of the

omission of section 1541 of this title.

-End-

-CITE-

42 USC Sec. 1544 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1544. Power of Secretary of Housing and Urban Development to

manage, convey, etc., housing properties

-STATUTE-

Notwithstanding any other provisions of law, whether relating to

the acquisition, handling, or disposal of real or other property by

the United States or to other matters, the Secretary of Housing and

Urban Development, with respect to any property acquired or

constructed under the provisions of subchapters II to VII of this

chapter, is authorized by means of Government personnel, selected

qualified private agencies, or public agencies (a) to deal with,

maintain, operate, administer, and insure; (b) to pursue to final

collection by way of compromise or otherwise, all claims arising

therefrom; (c) to rent, lease, exchange, sell for cash or credit,

and convey the whole or any part of such property and to convey

without cost portions thereof to local municipalities for street or

other public use: Provided, That any such transaction shall be upon

such terms, including the period of any lease, as may be deemed by

the Secretary of Housing and Urban Development to be in the public

interest: Provided further, That the Secretary of Housing and Urban

Development shall fix fair rentals, on projects developed pursuant

to subchapters II to VII of this chapter, which shall be based on

the value thereof as determined by him, with power during the

emergency, in exceptional cases, to adjust the rent to the income

of the persons to be housed, and that rentals to be charged for

Army, Air Force, and Navy personnel shall be fixed by the

Departments of the Army, Air Force, and Navy: Provided further,

That any lease authorized hereunder shall not be subject to the

provisions of section 1302 of title 40. As used in this section the

term "local municipalities" shall include the District of Columbia.

-SOURCE-

(Oct. 14, 1940, ch. 862, title III, Sec. 304, formerly Sec. 7, 54

Stat. 1127; renumbered title III, Sec. 304, June 28, 1941, ch. 260,

Sec. 4(b), 55 Stat. 363; amended Jan. 21, 1942, ch. 14, Sec. 6, 56

Stat. 12; Ex. Ord. No. 9070, Sec. 1, eff. Feb. 24, 1942, 7 F.R.

1529; Apr. 10, 1942, ch. 239, Sec. 2, 56 Stat. 212; July 26, 1947,

ch. 343, title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-503;

Apr. 20, 1950, ch. 94, title II, Sec. 204, 64 Stat. 73; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-COD-

CODIFICATION

In text, "section 1302 of title 40" substituted for "section 321

of the Act of June 30, 1932 (47 Stat. 412)" on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "Housing and Home Finance

Administrator" for "National Housing Administrator" wherever

appearing.

1942 - Act Apr. 10, 1942, inserted last sentence.

Act Jan. 21, 1942, amended second proviso.

-CHANGE-

CHANGE OF NAME

Department of the Air Force inserted to conform to section

207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501,

and Secretary of Defense Transfer Orders No. 14, eff. July 1, 1948,

and No. 40 [App. B(129)], July 29, 1949. Department of War

designated Department of the Army and title of Secretary of War

changed to Secretary of the Army by section 205(a) of such act July

26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947,

were repealed by sections 53 of act Aug. 10, 1956, ch. 1041, 70A

Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed

Forces", which in sections 3010 to 3013 and 8010 to 8013 continued

Departments of the Army and Air Force under administrative

supervision of Secretary of the Army and Secretary of the Air

Force, respectively.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1522 of this title.

Functions of Federal Works Administrator relating to defense

housing consolidated with other agencies into National Housing

Agency during World War II by Ex. Ord. No. 9070.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1552 of this title.

-End-

-CITE-

42 USC Sec. 1545 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1545. Omitted

-COD-

CODIFICATION

Section, acts Oct. 14, 1940, ch. 862, title III, Sec. 305,

formerly Sec. 8, 54 Stat. 1127; renumbered title III, Sec. 305,

June 28, 1941, ch. 260, Sec. 4(b), 55 Stat. 363; amended Jan. 21,

1942, ch. 14, Sec. 7, 56 Stat. 12; Ex. Ord. No. 9070, Sec. 1, eff.

Feb. 24, 1942, 7 F.R. 1529; Apr. 20, 1950, ch. 94, title II, Sec.

204, 64 Stat. 73, which related to utilization of Federal and local

agencies and private services, was omitted in view of the omission

of section 1541 of this title.

-End-

-CITE-

42 USC Sec. 1546 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1546. Payment of annual sums to local authorities in lieu of

taxes

-STATUTE-

The Secretary of Housing and Urban Development shall pay from

rentals annual sums in lieu of taxes to any State and/or political

subdivision thereof, with respect to any real property acquired and

held by him under subchapters II to VII of this chapter, including

improvements thereon. The amount so paid for any year upon such

property shall approximate the taxes which would be paid to the

State and/or subdivision, as the case may be, upon such property if

it were not exempt from taxation, with such allowance as may be

considered by him to be appropriate for expenditure by the

Government for streets, utilities, or other public services to

serve such property. As used in this section the term "State" shall

include the District of Columbia.

-SOURCE-

(Oct. 14, 1940, ch. 862, title III, Sec. 306, formerly Sec. 9, 54

Stat. 1127; renumbered title III, Sec. 306, and amended June 28,

1941, ch. 260, Sec. 4(b), 55 Stat. 363; Jan. 21, 1942, ch. 14, Sec.

8, 56 Stat. 12; Ex. Ord. No. 9070, Sec. 1, eff. Feb. 24, 1942, 7

F.R. 1529; Apr. 10, 1942, ch. 239, Sec. 3(a), 56 Stat. 212; Apr.

20, 1950, ch. 94, title II, Sec. 204, 64 Stat. 73; Pub. L. 89-174,

Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-COD-

CODIFICATION

Words "including any Territory or possession of the United

States" appearing in text prior to amendment by act Jan. 21, 1942,

inserted on authority of section 4(b) of act June 28, 1941, which

provided that when used in this section the term " 'State' includes

any Territory or possession of the United States".

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "Housing and Home Finance

Administrator" for "National Housing Administrator".

1942 - Act Apr. 10, 1942, inserted last sentence.

Act Jan. 21, 1942, amended section generally.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1522 of this title.

Functions of Federal Works Administrator relating to defense

housing consolidated with other agencies into National Housing

Agency during World War II by Ex. Ord. No. 9070.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1552, 1585 of this title.

-End-

-CITE-

42 USC Sec. 1547 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1547. Preservation of local civil and criminal jurisdiction

and civil rights

-STATUTE-

Notwithstanding any other provision of law, the acquisition by

the Secretary of Housing and Urban Development of any real property

pursuant to subchapters II to VII of this chapter shall not deprive

any State or political subdivision thereof, including any Territory

or possession of the United States, of its civil and criminal

jurisdiction in and over such property, or impair the civil rights

under the State or local law of the inhabitants on such property.

As used in this section the term "State" shall include the District

of Columbia.

-SOURCE-

(Oct. 14, 1940, ch. 862, title III, Sec. 307, formerly Sec. 10, 54

Stat. 1128; renumbered title III, Sec. 307, and amended June 28,

1941, ch. 260, Sec. 4(b), 55 Stat. 363; Ex. Ord. No. 9070, Sec. 1,

eff. Feb. 24, 1942, 7 F.R. 1529; Apr. 10, 1942, ch. 239, Sec. 3(b),

56 Stat. 212; Apr. 20, 1950, ch. 94, title II, Sec. 204, 64 Stat.

73; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-COD-

CODIFICATION

Words "including any Territory or possession of the United

States" were inserted upon authority of section 4(b) of act June

28, 1941, which provided that when used in this section the term "

'State' includes any Territory or possession of the United States".

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "Housing and Home Finance

Administrator" for "National Housing Administrator".

1942 - Act Apr. 10, 1942, inserted last sentence.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1522 of this title.

Functions of Federal Works Administrator relating to defense

housing consolidated with other agencies into National Housing

Agency during World War II by Ex. Ord. No. 9070.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1552 of this title.

-End-

-CITE-

42 USC Sec. 1548 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1548. Rules and regulations; standards of safety, convenience,

and health

-STATUTE-

The Secretary of Housing and Urban Development is authorized to

make such rules and regulations as may be necessary to carry out

the provisions of subchapters II to VII of this chapter, and shall

establish reasonable standards of safety, convenience, and health.

-SOURCE-

(Oct. 14, 1940, ch. 862, title III, Sec. 308, formerly Sec. 11, 54

Stat. 1128; renumbered title III, Sec. 308, June 28, 1941, ch. 260,

Sec. 4(b), 55 Stat. 363; amended Ex. Ord. No. 9070, Sec. 1, eff.

Feb. 24, 1942, 7 F.R. 1529; Apr. 20, 1950, ch. 94, title II, Sec.

204, 64 Stat. 73; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79

Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "Housing and Home Finance

Administrator" and "Housing and Home Finance Agency" for "National

Housing Administrator" and "National Housing Agency", respectively,

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1522 of this title.

Functions of Federal Works Administrator relating to defense

housing consolidated with other agencies into National Housing

Agency during World War II by Ex. Ord. No. 9070.

-End-

-CITE-

42 USC Sec. 1549 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1549. Laborers and mechanics; wages; preference in employment

-STATUTE-

Notwithstanding any other provision of law, the wages of every

laborer and mechanic employed on any construction, repair or

demolition work authorized by subchapters II to VII of this chapter

shall be computed on a basic day rate of eight hours per day and

work in excess of eight hours per day shall be permitted upon

compensation for all hours worked in excess of eight hours per day

at not less than one and one-half times the basic rate of pay. Not

less than the prevailing wages shall be paid in the construction of

defense housing authorized herein. Preference in such employment

shall be given to qualified local residents.

-SOURCE-

(Oct. 14, 1940, ch. 862, title III, Sec. 309, formerly Sec. 12, 54

Stat. 1128; renumbered title III, Sec. 309, June 28, 1941, ch. 260,

Sec. 4(b), 55 Stat. 363; amended Jan. 21, 1942, ch. 14, Sec. 9, 56

Stat. 12.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-MISC1-

AMENDMENTS

1942 - Act Jan. 21, 1942, inserted last sentence.

-End-

-CITE-

42 USC Sec. 1550 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1550. Separability

-STATUTE-

If any provision of subchapters II to VII of this chapter, or the

application thereof to any persons or circumstances, is held

invalid, the remainder of said subchapters, or application of such

provision to other persons or circumstances shall not be affected

thereby.

-SOURCE-

(Oct. 14, 1940, ch. 862, title III, Sec. 310, formerly Sec. 13, 54

Stat. 1128; renumbered title III, Sec. 310, June 28, 1941, ch. 260,

Sec. 4(b), 55 Stat. 363.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-End-

-CITE-

42 USC Sec. 1551 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1551. Repealed. Aug. 2, 1954, ch. 649, title VIII, Sec.

802(b), 68 Stat. 642

-MISC1-

Section, act Oct. 14, 1940, ch. 862, title III, Sec. 311,

formerly Sec. 14, 54 Stat. 1128; renumbered title III, Sec. 311,

June 28, 1941, ch. 260, Sec. 4(b), 55 Stat. 363, related to reports

to Congress. See section 1701o of Title 12, Banks and Banking.

-End-

-CITE-

42 USC Sec. 1552 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1552. Powers of certain agencies designated to provide

temporary shelter

-STATUTE-

Any agency designated by the President to provide temporary

shelter under the provisions of Public Law Numbered 9,

Seventy-seventh Congress, Public Law Numbered 73, Seventy-seventh

Congress, or the Third Supplemental National Defense Appropriations

Act, 1942, shall have the same powers with respect to the

management, maintenance, operation, and administration of such

temporary shelter as are granted to the Secretary of Housing and

Urban Development under section 1544 and section 1546 of this title

with respect to projects constructed hereunder, and the provisions

of section 1547 of this title shall apply to such temporary shelter

projects and the occupants thereof.

-SOURCE-

(Oct. 14, 1940, ch. 862, title III, Sec. 312, as added Jan. 21,

1942, ch. 14, Sec. 10, 56 Stat. 13; amended Ex. Ord. No. 9070, Sec.

1, eff. Feb. 24, 1942, 7 F.R. 1529; Apr. 20, 1950, ch. 94, title

II, Sec. 204, 64 Stat. 73; Pub. L. 89-174, Sec. 5(a), Sept. 9,

1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of Public Laws 9 and 73, referred to in text, are

not classified to the Code. The Third Supplemental National Defense

Appropriation Act, 1942, referred to in text, is Public Law 353,

the relevant provisions of which are not classified to the Code.

For further details, see note set out under section 1524 of this

title.

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "Housing and Home Finance

Administrator" for "National Housing Administrator".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1522 of this title.

Functions of Federal Works Administrator relating to defense

housing consolidated with other agencies into National Housing

Agency during World War II by Ex. Ord. No. 9070.

-End-

-CITE-

42 USC Sec. 1553 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

-HEAD-

Sec. 1553. Removal by Secretary of certain housing of temporary

character; exceptions for local communities; report to Congress

-STATUTE-

Except as otherwise provided in subchapters II to VII of this

chapter, the Secretary of Housing and Urban Development shall, as

promptly as may be practicable and in the public interest, remove

(by demolition or otherwise) all housing under his jurisdiction

which is of a temporary character, as determined by him, and

constructed under the provisions of this subchapter, Public Law

781, Seventy-sixth Congress, and Public Laws 9, 73, 353,

Seventy-seventh Congress. Such removal shall, in any event, be

accomplished not later than July 1, 1954 or by such later date as

may be required because of extensions of time in accordance with

section 1584 of this title, with the exception only of such housing

as the Secretary of Housing and Urban Development, after

consultation with local communities, finds is still urgently needed

because of a particularly acute housing shortage in the area:

Provided, That all such exceptions shall be reexamined annually by

the Secretary of Housing and Urban Development and that all such

exceptions and reexaminations shall be reported to the Congress.

Notwithstanding any other provisions of law except provisions of

law hereafter enacted expressly in limitation hereof, no Federal

statute, or regulation thereunder, shall prohibit or restrict any

action or proceeding to recover possession of any housing

accommodations for the purpose of carrying out the provisions of

this section or section 1584 of this title.

-SOURCE-

(Oct. 14, 1940, ch. 862, title III, Sec. 313, as added July 7,

1943, ch. 196, Sec. 4, 57 Stat. 388; amended June 28, 1948, ch.

688, Sec. 4, 62 Stat. 1064; Oct. 25, 1949, ch. 729, Sec. 5, 63

Stat. 906; Apr. 20, 1950, ch. 94, title II, Secs. 202, 204, 64

Stat. 72, 73; Ex. Ord. No. 10385, Aug. 18, 1952, 17 F.R. 7525; Pub.

L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

The provisions of Public Law 781, and Public Laws 9, 73, 353,

referred to in text, are not classified to the Code. For further

details, see note set out under section 1524 of this title.

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "December 31, 1952 or by

such later date as may be required because of extensions of time in

accordance with section 1584 of this title, with the exception only

of such housing as the Administrator, after consultation with local

communities, finds is still urgently needed because of a

particularly acute housing shortage in the area" for "January 1,

1951, with the exception only of such housing as the Administrator,

after consultation with local communities finds is still needed in

the interest of orderly demobilization of the war effort," and

inserted last sentence.

1949 - Act Oct. 25, 1949, inserted "January 1, 1951" for "January

1, 1950".

1948 - Act June 28, 1948, substituted "January 1, 1950" for "two

years after the President declares that the emergency declared by

him on September 8, 1939, has ceased to exist".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1522 of this title.

-MISC2-

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided

that in interpretation of this section, the date July 25, 1947,

shall be deemed to be date of termination of any state of war

theretofore declared by Congress and of national emergencies

proclaimed by President on Sept. 8, 1939, and May 27, 1941.

-EXEC-

EX. ORD. NO. 10385. EXTENSION OF TIME

Ex. Ord. No. 10385, Aug. 18, 1952, affected section by extending

time for the removal of temporary housing from Dec. 31, 1952, to

July 1, 1954.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1581, 1582, 1589a of this

title.

-End-

-CITE-

42 USC SUBCHAPTER V - DEFENSE HOUSING AND PUBLIC WORKS

FOR DISTRICT OF COLUMBIA 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER V - DEFENSE HOUSING AND PUBLIC WORKS FOR DISTRICT OF

COLUMBIA

-HEAD-

SUBCHAPTER V - DEFENSE HOUSING AND PUBLIC WORKS FOR DISTRICT OF

COLUMBIA

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1522, 1524, 1542,

1544, 1547, 1548, 1549, 1550, 1553, 1581, 1584, 1585, 1586, 1588,

1589, 1589b, 1590 of this title; title 12 sections 1715m, 1745.

-End-

-CITE-

42 USC Secs. 1561 to 1563 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER V - DEFENSE HOUSING AND PUBLIC WORKS FOR DISTRICT OF

COLUMBIA

-HEAD-

Secs. 1561 to 1563. Omitted

-COD-

CODIFICATION

Section 1561, act Oct. 14, 1940, ch. 862, title IV, Sec. 401, as

added Apr. 10, 1942, ch. 239, Sec. 4, 56 Stat. 212; amended Apr.

20, 1950, ch. 94, title II, Sec. 204, 64 Stat. 73, which authorized

appropriations for housing of United States employees, was omitted

pursuant to section 1(a)(12) of act July 3, 1952, ch. 570, 66 Stat.

332, as amended by act Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18,

which provided that this section and section 1562 of this title

continue in force until six months after the termination of the

national emergency proclaimed by the President on Dec. 16, 1950 by

Proc. No. 2914, 15 F.R. 9029, 64 Stat. A 454, set out as a note

preceding section 1 of the Appendix to Title 50, War and National

Defense, or on such earlier date or dates as provided by Congress,

but in no event beyond July 1, 1953.

Section 1562, act Oct. 14, 1940, ch. 862, title IV, Sec. 402, as

added Apr. 10, 1942, ch. 239, Sec. 4, 56 Stat. 213; amended June

30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380, authorized

appropriations for public works projects. See par. set out above.

Section 1563, act Oct. 14, 1940, ch. 862, title IV, Sec. 403, as

added Apr. 10, 1942, ch. 239, Sec. 4, 56 Stat. 213; amended June

30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380, which related

to advancements to District of Columbia Commissioner for public

works and reports to Congress, was omitted in view of the omission

of sections 1561 and 1562 of this title.

-End-

-CITE-

42 USC Sec. 1564 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER V - DEFENSE HOUSING AND PUBLIC WORKS FOR DISTRICT OF

COLUMBIA

-HEAD-

Sec. 1564. Definitions

-STATUTE-

As used in subchapters II to VII of this chapter the term

"Federal Works Administrator" or "Administrator", or "Federal Works

Agency" shall, with respect to housing, be deemed to refer to the

Housing and Home Finance Administrator or the Housing and Home

Finance Agency, as the case may be. Such terms shall, with respect

to public works and equipment therefor, be deemed to refer to the

Federal Works Administrator or the Federal Works Agency, as the

case may be.

-SOURCE-

(Oct. 14, 1940, ch. 862, title IV, Sec. 404, as added Apr. 10,

1942, ch. 239, Sec. 4, 56 Stat. 213; amended Apr. 20, 1950, ch. 94,

title II, Sec. 204, 64 Stat. 73.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-MISC1-

AMENDMENTS

1950 - Act Apr. 20, 1950, substituted "Housing and Home Finance

Administrator" and "Housing and Home Finance Agency" for "National

Housing Administrator" and "National Housing Agency", respectively.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Housing and Home Finance Agency transferred to

Secretary of Housing and Urban Development by Pub. L. 89-174, Sec.

5(a), Sept. 9, 1965, 79 Stat. 669, which is classified to section

3534(a) of this title. Section 9(c) of such act, set out as a note

under section 3531 of this title, provided that references to

Housing and Home Finance Agency or to any agency or officer therein

are to be deemed to mean Secretary of Housing and Urban Development

and that Housing and Home Finance Agency has lapsed.

Functions under sections 1531 to 1534 of this title transferred

from Federal Works Administrator to Administrator of General

Services by act June 30, 1949, ch. 288, title I, Sec. 103(a), 63

Stat. 380, which was classified to section 753(a) of former Title

40, Public Buildings, Property, and Works, and subsequently

transferred to Housing and Home Finance Administrator by Reorg.

Plan No. 17 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3177, 64

Stat. 1269, set out in the Appendix to Title 5, Government

Organization and Employees.

Functions of Federal Works Administrator relating to defense

housing consolidated with other agencies into National Housing

Agency during World War II by Ex. Ord. No. 9070.

-End-

-CITE-

42 USC SUBCHAPTER VI - HOUSING FOR DISTRESSED FAMILIES OF

SERVICEMEN AND VETERANS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VI - HOUSING FOR DISTRESSED FAMILIES OF SERVICEMEN AND

VETERANS

-HEAD-

SUBCHAPTER VI - HOUSING FOR DISTRESSED FAMILIES OF SERVICEMEN AND

VETERANS

-End-

-CITE-

42 USC Secs. 1571 to 1573 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VI - HOUSING FOR DISTRESSED FAMILIES OF SERVICEMEN AND

VETERANS

-HEAD-

Secs. 1571 to 1573. Omitted

-COD-

CODIFICATION

Section 1571, acts Oct. 14, 1940, ch. 862, title V, Sec. 501, as

added June 23, 1945, ch. 192, 59 Stat. 260; amended Apr. 20, 1950,

ch. 94, title II, Sec. 204, 64 Stat. 73, related to the

construction of temporary housing facilities, and was omitted

pursuant to section 1(a)(12) of act July 3, 1952, ch. 570, 66 Stat.

332, as amended by act Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18,

which provided that this section and sections 1572, 1573, 1575, and

1576 of this title continue in force until six months after the

termination of the National emergency proclaimed by the President

on Dec. 16, 1950 by Proc. No. 2914, 15 F.R. 9029, 64 Stat. A 454,

set out as a note preceding section 1 of the Appendix to Title 50,

War and National Defense, or on such earlier date or dates as

provided by Congress, but in no event beyond July 1, 1953.

Section 1572, acts Oct. 14, 1940, ch. 862, title V, Sec. 502, as

added June 23, 1945, ch. 192, 59 Stat. 260; amended Dec. 31, 1945,

ch. 657, 59 Stat. 674; Mar. 28, 1946, ch. 118, Secs. 1, 2, 60 Stat.

85; Aug. 8, 1946, ch. 917, Sec. 1, 60 Stat. 958; May 31, 1947, ch.

91, Sec. 1, 61 Stat. 128; Apr. 20, 1950, ch. 94, title II, Sec.

204, 64 Stat. 73, related to the availability of funds for purposes

of this subchapter, and was omitted in view of the termination of

sections 1571 and 1573 of this title.

Section 1573, acts Oct. 14, 1940, ch. 862, title V, Sec. 503, as

added June 23, 1945, ch. 192, 59 Stat. 260; amended June 30, 1953,

ch. 174, Sec. 1, 67 Stat. 132, related to definitions for purposes

of this subchapter, and was omitted pursuant to the time limitation

set out in act July 3, 1952, ch. 570, Sec. 1(a)(21), 66 Stat. 332,

as amended by act Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18. See

section 1571 of this title.

-MISC1-

AVAILABILITY OF FUNDS

Act May 31, 1947, ch. 91, Sec. 2, 61 Stat. 128, provided that

there were to be additional funds available under sections 1571,

1572, and 1573 of this title for necessary expenses incurred in

completing the provision of temporary housing pursuant to a

contract in writing executed prior to May 31, 1947, for

reimbursement of certain eligible organizations for particular

expenditures, and for payments to meet certain actual expenses

prior to Apr. 1, 1947.

-End-

-CITE-

42 USC Sec. 1574 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VI - HOUSING FOR DISTRESSED FAMILIES OF SERVICEMEN AND

VETERANS

-HEAD-

Sec. 1574. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(113), 65 Stat.

706

-MISC1-

Section, act Oct. 14, 1940, ch. 862, title V, Sec. 504, as added

Aug. 8, 1946, ch. 912, Sec. 2, 60 Stat. 958, related to the use or

reuse of structures or facilities of Federal agencies as

educational facilities for persons receiving training courses or

education under title II of the Servicemen's Readjustment Act of

1944, as amended (act June 22, 1944, ch. 268, title II, 58 Stat.

284).

-End-

-CITE-

42 USC Secs. 1575, 1576 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VI - HOUSING FOR DISTRESSED FAMILIES OF SERVICEMEN AND

VETERANS

-HEAD-

Secs. 1575, 1576. Omitted

-COD-

CODIFICATION

Section 1575, acts Oct. 14, 1940, ch. 862, title V, Sec. 505, as

added June 28, 1948, ch. 688, Sec. 1, 62 Stat. 1062; amended Apr.

20, 1950, ch. 94, title II, Sec. 204, 64 Stat. 73; Oct. 26, 1951,

ch. 577, Sec. 2, 65 Stat. 648, related to relinquishment of

Government's rights in temporary housing on campuses or other

educational lands.

Section 1576, acts Aug. 24, 1949, ch. 506, title II, Sec. 201, 63

Stat. 659; Sept. 6, 1950, ch. 896, ch. VIII, title II, Sec. 201, 64

Stat. 723, which was not repeated in the Independent Offices

Appropriation Act, 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268,

provided that application for relinquishment had to be filed by

Dec. 30, 1950. Section was enacted as a part of act Aug. 24, 1949,

popularly known as the Independent Offices Appropriation Act, 1951,

and not as a part of title V of the Lanham Public War Housing Act,

act Oct. 14, 1940, ch. 862, as added June 23, 1945, ch. 192, 59

Stat. 260, which comprises this subchapter.

-End-

-CITE-

42 USC SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS'

HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1522, 1524, 1541,

1542, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1553 of this

title; title 12 sections 1715n, 1745.

-End-

-CITE-

42 USC Sec. 1581 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1581. Housing disposition

-STATUTE-

(a) Mandatory transfers

Upon the filing of a request therefor as herein prescribed, the

Secretary of Housing and Urban Development shall (subject to the

provisions of this section) relinquish and transfer, without

monetary consideration, to any State or political subdivision

thereof, local housing authority, local public agency, nonprofit

organization, or educational institution, all contractual rights

(including the right to revenues and other proceeds) and all

property right, title, and interest of the United States in and

with respect to (1) any temporary housing located on land owned or

controlled by such transferee and in which the United States has no

leasehold or other property interest, and (2) housing materials

which have been made available to the transferee by the Secretary

of Housing and Urban Development pursuant to section 1572 of this

title.

(b) Transfer to provide housing for parents of deceased World War

II servicemen

Upon the filing of a request therefor as herein prescribed, the

Secretary of Housing and Urban Development may (subject to the

provisions of this section) relinquish and transfer, without

monetary consideration other than that specifically required by

this subsection, to any State, county, municipality, or local

housing authority, or to any educational institution where the

housing involved is being operated for its student veterans or

where the land underlying the housing is in the ownership of two or

more educational institutions, or to any other local public agency

or nonprofit organization where the housing involved has been made

available by the United States to such agency or organization

pursuant to section 1572 of this title or where the Secretary of

Housing and Urban Development determines that the housing involved

is urgently needed by parents of persons who served in the Armed

forces at any time on or after September 16, 1940, and prior to

July 26, 1947, or on or after June 27, 1950, and prior to such date

thereafter as shall be determined by the President and died of

service-connected illness or injury (in which case the preferences

in subsection (d)(1) of this section shall not apply), all right,

title, and interest of the United States in and with respect to any

temporary housing (excluding commercial facilities which the

Secretary of Housing and Urban Development determines are suitable

for separate disposal and community facilities which the Secretary

of Housing and Urban Development determines should be disposed of

separately) located on land in which the United States has a

property interest through ownership, lease, or otherwise, under the

following conditions:

(1) If the land is owned by the United States and under the

jurisdiction of the Secretary of Housing and Urban Development,

the transferee shall have purchased such land from the Secretary

of Housing and Urban Development at a price substantially equal

to the cost to the United States of the land (including survey,

title examination, and other similar expenses incident to

acquisition but excluding the cost or value of all improvements

thereto by the United States other than extraordinary fill), or,

if the Secretary of Housing and Urban Development determines the

amount of such cost to be nominal or not readily ascertainable,

at a price which the Secretary of Housing and Urban Development

determines to be fair and reasonable. Payment for such land shall

be made in full at the time of sale or in not more than ten equal

annual installments (the first of which shall be paid within one

year from the date of conveyance) all of which shall be secured

as determined by the Secretary of Housing and Urban Development

with interest from the date of conveyance at the going Federal

rate of interest at the time of conveyance.

(2) If the land is owned by the United States and not under the

jurisdiction of the Secretary of Housing and Urban Development,

the transferee shall have purchased such land from the Federal

agency having jurisdiction thereof. The Federal agency having

jurisdiction of any such land is authorized to sell and convey

the same to any such transferee on the terms authorized herein

except that the determinations required to be made by the

Secretary of Housing and Urban Development shall be made by the

agency having jurisdiction of such land.

(3) If the United States does not own the land but has an

interest therein through lease or otherwise, the transferee shall

(i) where it is not the landowner, obtain the right to possession

of such land for a term satisfactory to the Secretary of Housing

and Urban Development, (ii) obtain from the landowner a release

(or, if the transferee is the landowner, furnish a release) of

the United States from all liability in connection therewith,

including any liability for removal of structures or restoration

of the land, except for any rental or use payment due at the time

of transfer, and (iii) reimburse the United States for the

proportionate amount of any payments made by the United States

for the right to use the land and for taxes or payments in lieu

of taxes for any period extending beyond the time of the

transfer, and (iv) if the interest of the United States is not

under the jurisdiction of the Secretary of Housing and Urban

Development, the transferee shall obtain a transfer or release of

the interest of the United States from the Federal agency having

jurisdiction, which transfers and releases by such Federal

agencies are authorized on such terms as the head of the

respective agency determines to be in the public interest.

(c) Requests for relinquishment and transfer

The filing of a request under subsections (a), (b), (g), or (h)

of this section must be made on or before June 30, 1953, unless the

Secretary of Housing and Urban Development shall, in any specific

case, authorize the filing of a request subsequent to such date but

on or before June 30, 1951, and, in any such case, the Secretary of

Housing and Urban Development may extend, for a specified period

not beyond December 31, 1951, the time hereinafter prescribed for

complying with all conditions to the relinquishment or transfer.

Such request shall be in the form of a resolution adopted by the

governing body of the applicant, except that, in the case of a

State, such request may be in the form of a written request from

the governor, and, in the case of a local housing authority (other

than the Alaska Housing Authority), or a local public agency

organized specifically and solely for the purpose of slum clearance

and community redevelopment, shall be accompanied by a resolution

of the governing body of the municipality or county approving the

request for transfer. Such request shall be accompanied by either

(1) a final opinion of the chief law officer or legal counsel of

the applicant to the effect that it has legal authority to make the

request, to accept the transfer of and operate any property

involved, and to perform its obligations under this subchapter, or

(2) a preliminary opinion of such officer or counsel concerning the

legal authority of the applicant with respect to the proposed

relinquishment or transfer including a statement of the reasons for

not furnishing the final opinion with the request and the time

required to furnish such opinion. If a request has been submitted

as herein provided, the applicant shall comply with all conditions

to the relinquishment or transfer (including the furnishing of the

final legal opinion) on or before June 30, 1953: Provided, That, in

any case where the applicant is unable to comply with all

conditions to the relinquishment or transfer because of the need

for the enactment of State legislation or charter amendment, such

date shall be June 30, 1952, and may be extended by the Secretary

of Housing and Urban Development, upon request in a particular

case, to December 31, 1952. The Secretary of Housing and Urban

Development shall act as promptly as practicable on any request

which complies with the provisions of this section and is supported

as herein required, and shall as promptly as practicable arrange

for the making of any survey or the performance of other work

necessary to the transfer: Provided, That, notwithstanding the

provisions of this section, the Secretary of Housing and Urban

Development may at any time, except with respect to housing for

which a request has been or may be submitted under subsection (a)

of this section, remove, dispose of, or retain any temporary

housing, or part thereof, in accordance with any provision of

subchapters II to VII of this chapter.

(d) Representations by transferee as to use of property;

preferences

No relinquishment or transfer with respect to temporary housing

shall be made under this section unless the transferee represents

in its request therefor that it proposes, to the extent permitted

by law:

(1) As among eligible applicants for occupancy in dwellings of

given sizes and at specified rents, to extend the following

preferences in the selection of tenants:

First, to families which are to be displaced by any low-rent

housing project or by any public slum-clearance or

redevelopment project initiated after January 1, 1947, or which

were so displaced within three years prior to making

application for admission to such housing; and as among such

families first preference shall be given to families of

disabled veterans whose disability has been determined by the

Secretary of Veterans Affairs to be service-connected, and

second preference shall be given to families of deceased

veterans and servicemen whose death has been determined by the

Secretary of Veterans Affairs to be service-connected, and

third preference shall be given to families of other veterans

and servicemen;

Second, to families of other veterans and servicemen; and as

among such families first preference shall be given to families

of disabled veterans whose disability has been determined by

the Secretary of Veterans Affairs to be service-connected, and

second preference shall be given to families of deceased

veterans and servicemen whose death has been determined by the

Secretary of Veterans Affairs to be service-connected:

Provided, That if the transferee is an educational institution

it may limit such preferences to student veterans and

servicemen, and their families, and may, in lieu of such

preferences, make available to veterans or servicemen and their

families accommodations in any housing of the institution equal

in number to the accommodations relinquished or transferred to

it: And provided further, That, notwithstanding such

preferences, if the transferee is a State, political

subdivision, local housing authority, or local public agency,

it will, in filling vacancies in housing transferred under

subsection (b) of this section, give such preferences to

military personnel and persons engaged in national defense or

mobilization activities as the Secretary of Defense or his

designee prescribes to such transferee.

(2) Not to dispose of any right, title, or interest in the

property (by sale, transfer, grant, exchange, mortgage, lease,

release, termination of the leasehold, or any other

relinquishment of interest) either (i) for housing use on the

present site or on any other site except to a State or political

subdivision thereof, local housing authority, a local public

agency, or an educational or eleemosynary institution, or (ii)

for any other use unless the governing body of the municipality

or county shall have adopted a resolution determining that, on

the basis of local need and acceptability, the structures

involved are satisfactory for such use and need not be removed:

Provided, That this representation will not apply to any disposal

through demolition for salvage, lease to tenants for residential

occupancy, or lease of nondwelling facilities for the continuance

of a use existing on the date of transfer, or where such disposal

is the result of a bona fide foreclosure or other proceeding to

enforce rights given as security for a loan to pay for land under

this section: And provided further, That nothing contained in

this paragraph shall be construed as applicable to the

disposition of any land or interest therein after the removal of

the structures therefrom.

(3) To manage and operate the property involved in accordance

with sound business practices, including the establishment of

adequate reserves.

(4) Whenever the structures involved, or a substantial portion

thereof, are terminated for housing use and are not to be used

for a specific nonhousing use, to promptly demolish such

structures terminated for housing use and clear the site thereof.

(e) Waiver of removal requirements

Any relinquishment or transfer by the Secretary of Housing and

Urban Development under this section shall constitute a waiver of

the requirements of section 1553 of this title (and any contractual

obligations pursuant thereto) for removing the housing involved if

the request for such relinquishment or transfer was made, as

authorized herein, by the governing body of the municipality or

county, or by the local housing authority, or, in other cases, if,

prior to or within six months after the date of the relinquishment

or transfer, there is filed with the Secretary of Housing and Urban

Development a resolution of such governing body specifically

approving (1) the unconditional waiver of such requirements or (2)

the waiver of such requirements subject to conditions specified in

the resolution. Any such conditions shall not affect the waiver of

removal requirements hereunder, and the United States shall assume

no responsibility for compliance therewith.

(f) Disposition of net revenue and proceeds; transfer charges

In any relinquishment or transfer under this section, the net

revenues and other proceeds from such housing to which the United

States is entitled on the basis of periodic settlements shall

continue to accrue to the United States until the end of the month

in which the relinquishment or transfer is made, and the obligation

of the transferee to pay such accrued amounts shall not be affected

by this section. The Secretary of Housing and Urban Development may

charge to the transferee the cost to the United States of any

survey, title information, or other item incidental to the

transfer.

(g) Transfers for slum clearance and community redevelopment

projects

Upon the filing of a request therefor as herein prescribed, the

Secretary of Housing and Urban Development may (subject to the

provisions of this section) relinquish and transfer, without

monetary consideration other than payment for land involved as

specifically required by subsection (b) of this section, to any

local public agency organized specifically and solely for the

purpose of slum clearance and community redevelopment in a

municipality in which the total number of persons, who on December

31, 1948, were living in temporary family accommodations provided

by the United States or any agency thereof since September 8, 1939,

exceeded the total population of such municipality as shown by the

1940 census, all right, title, and interest of the United States in

and with respect to any temporary housing located in such

municipality under the conditions set forth in subsection (b) of

this section. Notwithstanding the provisions of subsection (b) of

this section, the Secretary of Housing and Urban Development shall

not relinquish or transfer any right, title, or interest of the

United States in and with respect to any temporary housing situated

in such a municipality except as set forth in this subsection if at

the time of the relinquishment or transfer there is in existence in

such a municipality a local public agency organized specifically

and solely for the purpose of slum clearance and community

redevelopment.

(h) Transfers of temporary housing of masonry construction

Upon the filing of a request therefor as herein prescribed, the

Secretary of Housing and Urban Development may (subject to the

provisions of this section except the provisions of subsection (d)

of this section) relinquish and transfer to any municipality,

without monetary consideration other than payment for the land

involved as specifically required by subsection (b) of this

section, all right, title, and interest of the United States in and

with respect to unoccupied temporary housing of masonry

construction located in such municipality: Provided, That such

housing has been wholly or partially stripped of trim and fixtures

prior to April 20, 1950 and the municipality adopts a resolution

determining that the structures, with proposed improvements, will

be suitable for long-term housing use.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 601, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended Ex. Ord. No. 10284, Secs. 1, 2, eff.

Sept. 4, 1951, 16 F.R. 8971; Oct. 26, 1951, ch. 577, Sec. 2, 65

Stat. 648; Ex. Ord. No. 10339, eff. Apr. 7, 1952, 17 F.R. 3012; Ex.

Ord. No. 10395, eff. Sept. 19, 1952, 17 F.R. 8449; Ex. Ord. No.

10425, eff. Jan. 16, 1953, 18 F.R. 405; Feb. 15, 1956, ch. 35, 70

Stat. 15; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669;

Pub. L. 102-54, Sec. 13(q)(6)(A), June 13, 1991, 105 Stat. 280.)

-REFTEXT-

REFERENCES IN TEXT

Section 1572 of this title, referred to in subsecs. (a) and (b),

has been omitted from the Code.

Subchapters III and VI of this chapter, referred to in subsec.

(c), were comprised of sections 1531 to 1536 and 1571 to 1576,

respectively, of this title and have been omitted from the Code.

For further details, see note set out under section 1522 of this

title.

-COD-

CODIFICATION

In subsec. (c), "June 30, 1953" substituted for "December 31,

1950" the first time it appears and "June 30, 1951" the second time

it appears pursuant to the executive orders cited as credits to

this section. See notes set out below.

-MISC1-

AMENDMENTS

1991 - Subsec. (d)(1). Pub. L. 102-54 substituted "Secretary of

Veterans Affairs" for "Veterans' Administration" wherever

appearing.

1956 - Subsec. (g). Act Feb. 15, 1956, limited restriction on

transfer or relinquishment of temporary housing to a local public

slum clearance agency to municipalities having such an agency at

time of transfer or relinquishment.

1951 - Subsec. (b). Act Oct. 26, 1951, substituted "at any time

on or after September 16, 1940, and prior to July 26, 1947, or on

or after June 27, 1950, and prior to such date thereafter as shall

be determined by the President" for "during World War II".

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Housing and Home Finance Agency and head thereof

transferred to Secretary of Housing and Urban Development by Pub.

L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669, which is

classified to section 3534(a) of this title. Section 9(c) of such

act, set out as a note under section 3531 of this title, provided

that references to Housing and Home Finance Agency or to any agency

or officer therein are to be deemed to mean Secretary of Housing

and Urban Development and that Housing and Home Finance Agency and

Public Housing Administration have lapsed.

-EXEC-

EXECUTIVE ORDER NO. 10284

Ex. Ord. 10284, Sept. 4, 1951, which extended time for filing

requests from Dec. 31, 1950, to Dec. 31, 1951, also extended time

for compliance with all conditions to relinquishments or transfers

from June 30, 1951, to June 30, 1952. See note set out under

section 1589a of this title.

EXECUTIVE ORDER NO. 10339

Ex. Ord. No. 10339, Apr. 7, 1952, set out as a note under section

1589a of this title, extended time for filing requests under

subsecs. (a), (b), and (g) from Dec. 31, 1951, to Dec. 31, 1952,

and extended time for compliance with all conditions to

relinquishments or transfers under subsecs. (a), (b), and (g) from

June 30, 1952, to June 30, 1953.

EXECUTIVE ORDER NO. 10395

Ex. Ord. No. 10395, Sept. 19, 1952, set out as a note under

section 1589a of this title, extended time for filing requests

under subsec. (h) from Dec. 31, 1951, to Dec. 31, 1952, and

extended time for compliance with all conditions to relinquishments

or transfers under subsec. (h) from June 30, 1952, to June 30,

1953.

EXECUTIVE ORDER NO. 10425

Ex. Ord. No. 10425, Jan. 16, 1953, set out as a note under

section 1589a of this title, extended time for filing requests

under subsecs. (a), (b), (g), and (h) from Dec. 31, 1952, to June

30, 1953.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1582, 1584, 1585 of this

title.

-End-

-CITE-

42 USC Sec. 1582 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1582. Temporary housing exempted from provisions of section

1553 of this title

-STATUTE-

The requirements of section 1553 of this title shall not apply to

any temporary housing -

(a) for which such requirements have been waived pursuant to

section 1575 (!1) or section 1581 of this title;

(b) transferred by the Secretary of Housing and Urban

Development to the jurisdiction of the Department of the Army,

the Navy, or the Air Force pursuant to section 1524 of this

title;

(c) disposed of by the Secretary of Housing and Urban

Development under subchapter II or IV of this chapter for

long-term housing or nonhousing use without any requirement for

removal where the governing body of the municipality or county

has adopted a resolution determining that, on the basis of local

need and acceptability, the structures involved are (1)

satisfactory for such long-term use or (2) satisfactory for such

long-term use if conditions prescribed in such resolution,

affecting the physical characteristics of the project, are met:

Provided, That any such conditions shall not affect the disposal

of any temporary housing hereunder, and the United States shall

assume no responsibility for compliance with such conditions: And

provided further, That any housing disposed of for housing use in

accordance with this subsection shall thereafter be deemed to be

housing accommodations, the construction of which was completed

after June 30, 1947, within the meaning of section 1884 of

Appendix to title 50, relating to preference or priority to

veterans or their families; or

(d) disposed of or relinquished by the Secretary of Housing and

Urban Development prior to April 20, 1950, subject to such

requirements or contractual obligations pursuant thereto, where

the governing body of the municipality or county on or before

December 31, 1950, adopts a resolution as provided in subsection

(c) of this section; and any contract obligations to the Federal

Government for the removal of such housing shall be relinquished

upon the filing of such a resolution with the Secretary of

Housing and Urban Development.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 602, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended Oct. 26, 1951, ch. 577, Sec. 2, 65

Stat. 648; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Section 1575 of this title, referred to in subsec. (a), has been

omitted from the Code.

-MISC1-

AMENDMENTS

1951 - Subsec. (c). Act Oct. 26, 1951, struck "of World War II"

thus making section applicable to veterans of Korean war.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1584 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1583 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1583. Redetermination of demountable housing as temporary or

permanent

-STATUTE-

With respect to any housing classified, prior to April 20, 1950,

by the Secretary of Housing and Urban Development as demountable,

the Secretary of Housing and Urban Development shall, as soon as

practicable but not later in any event than December 31, 1950, and

after consultation with the communities affected, redetermine

(taking into consideration local standards and conditions) whether

such housing is of a temporary or permanent character, and after

such redetermination shall dispose of such housing in accordance

with the provisions of this subchapter.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 603, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended Pub. L. 89-174, Sec. 5(a), Sept. 9,

1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1585 of this title.

-End-

-CITE-

42 USC Sec. 1584 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1584. Removal of all dwelling structures on land under

Secretary's control; temporary housing exempted; preference in

fulfilling vacancies

-STATUTE-

With respect to temporary housing remaining under the

jurisdiction of the Secretary of Housing and Urban Development on

land under his control, the Secretary of Housing and Urban

Development shall (1) permit vacancies, occurring or continuing

after July 1, 1953, to be filled only by transfer of tenants of

other accommodations in the same locality being removed as required

by subchapters II to VII of this chapter; (2) notify, on or before

March 31, 1954, all tenants to vacate the premises prior to July 1,

1954; (3) promptly after July 1, 1954, cause actions to be

instituted to evict any tenants still remaining; and (4) remove (by

demolition or otherwise) all dwelling structures as soon as

practicable after they become vacant: Provided, That in any case

where a request for relinquishment or transfer has been filed

pursuant to section 1581 of this title and where under the

provisions of section 1581(c) of this title the date for compliance

with all conditions to the relinquishment or transfer shall have

been extended, each of the foregoing dates shall be extended for a

period of time equal to the period of the extension under section

1581(c) of this title: And provided further, That nothing

heretofore in this section shall apply (1) to any temporary housing

in any municipality in which the total number of persons, who on

December 31, 1948, were living in temporary family accommodations

provided by the United States or any agency thereof since September

8, 1939, exceeds 30 per centum of the total population of such

municipality as shown by the 1940 census, nor (2) to any temporary

housing as to which the local governing body has adopted a

resolution as provided in section 1582(c) of this title, nor (3) to

any temporary housing for which a request has been submitted in

accordance with section 1581(b) of this title, but which has not

been relinquished or transferred solely because the applicant has

been unable to obtain from the landowner the right to possession of

the land on reasonable terms as determined by the Secretary of

Housing and Urban Development: Provided, That, in filling vacancies

in such housing, the preferences set forth in section 1581(d)(1) of

this title shall be applicable and that families within such

preference classes shall be eligible for admission to such housing,

nor (4) to any temporary housing in which accommodations have been

reserved, prior to the enactment of this section, for veterans

attending an educational institution if (i) such institution

certifies that the accommodations are urgently needed for such

veterans and submits facts showing, to the satisfaction of the

Secretary of Housing and Urban Development, that all reasonable

efforts have been made by the institution to find other

accommodations for them and (ii) such institution agrees to

reimburse the Secretary of Housing and Urban Development for any

financial loss to the Secretary of Housing and Urban Development in

the operation of the accommodations after June 30, 1951.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 604, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended June 30, 1951, ch. 197, 65 Stat.

110; Sept. 1, 1951, ch. 378, title VI, Sec. 603(a), 65 Stat. 314;

Ex. Ord. No. 10284, Secs. 3-5, eff. Sept. 4, 1951, 16 F.R. 8971;

Ex. Ord. No. 10339, eff. Apr. 7, 1952, 17 F.R. 3012; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-MISC1-

AMENDMENTS

1951 - Act Sept. 1, 1951, repealed former fourth and fifth

provisos which related to adjustments in rentals that might be set

for Government-owned temporary housing.

Act June 30, 1951, substituted "August 15, 1951" for "July 1,

1951".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-EXEC-

EXECUTIVE ORDER NO. 10284

Ex. Ord. No. 10284, Sept. 4, 1951, extended time for filling

vacancies from Aug. 15, 1951, to July 1, 1952, for notices to

vacate premises from Mar. 31, 1952, to Mar. 31, 1953, for time of

vacating from July 1, 1952, to July 1, 1953, and for eviction from

July 1, 1952, to July 1, 1953. See note set out under section 1589a

of this title.

EXECUTIVE ORDER NO. 10339

Ex. Ord. No. 10339, Apr. 7, 1952, set out as a note under section

1589a of this title, extended time for filling vacancies from July

1, 1952, to July 1, 1953, for notices to vacate premises from Mar.

31, 1953, to Mar. 31, 1954, for time of vacating from July 1, 1953,

to July 1, 1954, and for eviction from July 1, 1953, to July 1,

1954.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1553 of this title.

-End-

-CITE-

42 USC Sec. 1585 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1585. Acquisition of housing sites

-STATUTE-

(a) Lease, condemnation or purchase; temporary housing

The Secretary of Housing and Urban Development may continue by

lease or condemnation any interest less than a fee simple in lands

heretofore acquired by the Secretary of Housing and Urban

Development for national defense or war housing or for veterans'

housing (whether of permanent or temporary character), or held by

any Federal agency in connection therewith, and may acquire, by

purchase or condemnation, a fee simple title to or lesser interest

in any such lands if the Secretary of Housing and Urban Development

determines that the acquisition of such fee simple or lesser

interest is necessary to protect the Government's investment or to

maintain the improvements constructed thereon, or that the cost of

fulfilling the Government's obligation to restore the property to

its original condition would equal or exceed the cost of acquiring

the title thereto.

In any city in which, on March 1, 1953, there were more than ten

thousand temporary housing units held by the United States of

America, or any two contiguous cities in one of which there were on

such date more than ten thousand temporary housing units so held,

the Secretary of Housing and Urban Development may acquire, by

purchase or condemnation, a fee simple title to any or all lands in

which the Secretary holds a leasehold interest, or other interest

less than a fee simple, acquired by the Federal Government for

national defense or war housing or for veteran's housing where (1)

the Secretary of Housing and Urban Development finds that the

acquisition by the Secretary of a fee simple title in the land will

tend to expedite the orderly disposal or removal of temporary

housing under the Secretary's jurisdiction by facilitating the

availability of improved sites for privately owned housing needed

to replace such temporary housing, and will tend to expedite the

transition of the city from a war-affected community containing, as

of said date, a large number of temporary houses to a community

having additional permanent, well-planned, residential

neighborhoods, (2) the local governing body of the city makes a

like finding and requests the Secretary of Housing and Urban

Development to acquire such title to the land, and (3) the city has

furnished assurances satisfactory to the Secretary of Housing and

Urban Development that no individual who is employed by, or is an

official of, the government of the city in which the land is

located, or any agency thereof, shall be permitted, directly or

indirectly, to have any financial interest in the purchase or

redevelopment of such land: Provided, That such acquisitions by the

Secretary of Housing and Urban Development pursuant to this

sentence shall be limited to not exceeding four hundred and

twenty-five acres of land in the general area in which

approximately one thousand five hundred units of temporary housing

held by the United States of America were unoccupied on said date:

And provided further, That funds for such acquisition by the

Secretary of Housing and Urban Development, which are authorized,

pursuant to subsection (c) of this section and title II of the

Independent Offices Appropriation Act, 1955, to be expended from

the revolving fund established by section 1701g-5 of title 12,

shall be taken into consideration, to the extent that they are

needed, in making any determination pursuant to the second proviso

under that section. All or any part of any land so acquired by the

Secretary of Housing and Urban Development may, during the five

year period following the date of its acquisition, be sold by the

Secretary, through negotiated sale, to such city or any local

public agency where (1) the city or local public agency has

represented to the Secretary of Housing and Urban Development that

it is duly authorized under State law to purchase and resell such

land, that such land will be made available to private enterprise

for development in accordance with local zoning and other laws, and

that the aggregate of such land and any other land in the same city

previously sold under the authority of this paragraph to the city

or a local public agency will be developed for predominantly

residential use, and (2) the city or local public agency has agreed

to pay the fair market value of the land as determined by the

Secretary of Housing and Urban Development, after giving

consideration, among other relevant information, to the cost to the

Federal Government of acquiring the fee simple title and of holding

the land pending sale (including estimated amounts to cover legal

and overhead expenses of such acquisition and to cover interest

costs to the Federal Government of monies invested in the land

pending sale). Any such negotiated sale of land to the city or a

local public agency shall be made upon terms which require (1) that

the city or public agency shall pay in cash at least one third of

the price of the land upon its conveyance and the entire price

within one year after its conveyance and (2) that any portion of

the entire price not paid upon such conveyance shall be represented

by an indebtedness which shall bear interest on outstanding

balances at a rate of 4 per centum per annum and which shall be

secured by a first mortgage lien upon the land or such portion of

the land as the Secretary of Housing and Urban Development deems

adequate to protect the financial interest of the Federal

Government. The Secretary of Housing and Urban Development may, at

any time that the Secretary deems it to be in the public interest

to do so, dispose, under authority of other provisions of

subchapters II to VII of this chapter, of any land acquired by the

Secretary pursuant to this paragraph. Any land acquired by the

Secretary of Housing and Urban Development pursuant to this

paragraph which has not been disposed of within five years after

its acquisition shall be disposed of by the Secretary as

expeditiously as possible in the public interest in accordance with

other authority contained in subchapters II to VII of this chapter.

Notwithstanding the provisions of section 1546 of this title or any

other provisions of law, no payments in lieu of taxes shall be made

for any tax year beginning subsequent to the date of the

acquisition of title to the property by the Secretary of Housing

and Urban Development.

(b) Land rentals

In any case in which the Secretary of Housing and Urban

Development holds, on or after April 1, 1950, an interest in land

acquired by the Federal Government for national defense, war

housing, or veterans' housing and where (1) the term of such

interest (as prescribed in the taking or in the lease or other

instruments) is for the "duration of the emergency" or "duration of

the war", or "duration of the emergency" or "duration of the war"

plus a specific period thereafter, or for some similarly prescribed

term, and (2) the rental, award, or other consideration which the

Federal Government is obligated to pay or furnish for such interest

gives the owner of the land less than an annual return, after

payment of real estate taxes, of 6 per centum of the lowest value

placed on such land by an independent appraiser, hired by the

Government to make such appraisal based on the value of the land

before the acquisition of the Government's interest therein, plus

100 per centum of such value, the Secretary of Housing and Urban

Development shall, upon request of the owner of the land and,

notwithstanding any existing contractual or other rights or

obligations, increase the amount of future payments for such

interest in order to give the owner of the land a return for the

Government's use thereof not exceeding the 6 per centum annual

return described in (2) of this subsection: Provided, That this

subsection shall not affect any payment heretofore made or any

future payment accepted by an obligee, nor shall this subsection

limit the consideration which may be paid for the use of any land

beyond the existing term of the Government's interest therein.

(c) Reserve account; availability of moneys

Notwithstanding any other provisions of law unless hereafter

enacted expressly in limitation hereof, moneys shall be deposited

in the reserve account established pursuant to subsections (a) and

(b) of section 1543 of this title (which account is continued

subject to the limitation as to amount specified in subsection (c)

of section 1543 of this title) and all moneys deposited in such

reserve account shall be and remain available for any or all of the

purposes specified in said subsections (a) or (b) of section 1543

of this title or in this section without regard to the time

prescribed in subsection (c) of section 1543 of this title with

respect to covering moneys in such account into miscellaneous

receipts. Moneys in such reserve accounts shall also be available

for the payment of necessary expenses (which shall be considered

nonadministrative expenses) in connection with administering (1)

transfers pursuant to section 1581 of this title, (2)

redeterminations of the temporary or permanent character of

demountable housing pursuant to section 1583 of this title, (3)

changes in land tenure and revisions in the consideration payable

to landowners pursuant to subsections (a) and (b) of this section,

and (4) transfers of permanent war housing for low-rent use

pursuant to section 1586 of this title. Moneys in such reserve

account shall also be available for the purpose of making

improvements to, or alterations of, any permanent housing or part

thereof if (1) the dwelling structures therein are designed for

occupancy by not more than four families and are to be sold

separately and (2) such improvement or alteration is requested by

the local governing body as a condition to the acceptance of the

dedication of streets or utilities or is necessary for compliance

with local law or regulation relating to the continued operation or

occupancy of the housing by a purchaser.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 605, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended Sept. 1, 1951, ch. 378, title VI,

Sec. 603(b), (c), 65 Stat. 314; Aug. 2, 1954, ch. 649, title VIII,

Sec. 805(1), 68 Stat. 644; Aug. 11, 1955, ch. 783, title I, Sec.

108(d), 69 Stat. 638; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79

Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Title II of the Independent Offices Appropriation Act, 1955,

referred to in subsec. (a), is title II of act June 24, 1954, ch.

359, 68 Stat. 294. Provisions of title II that authorized funds for

acquisition of housing sites are not classified to the Code.

Subchapters III and VI of this chapter, referred to in subsec.

(a), were comprised of sections 1531 to 1536 and 1571 to 1576,

respectively, of this title and have been omitted from the Code.

For further details, see note set out under section 1522 of this

title.

Section 1543 of this title, referred to in subsec. (c), was

omitted from the Code.

-MISC1-

AMENDMENTS

1955 - Subsec. (a). Act Aug. 11, 1955, authorized Administrator

to acquire a fee simple title to lands where he finds that such

acquisition will tend to expedite the transition of the city from a

war-affected community containing a large number of temporary

houses to a community having additional permanent, well-planned,

residential neighborhoods.

1954 - Subsec. (a). Act Aug. 2, 1954, added second par.

1951 - Subsec. (b). Act Sept. 1, 1951, in cl. (2), inserted "plus

100 per centum of such value", substituted "shall" for "is

authorized" and "increase" for "to increase".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1586 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1586. Sale of specific housing projects

-STATUTE-

(a) Conditions precedent

The Secretary of Housing and Urban Development is specifically

authorized to convey the following housing projects to the

following local public housing agencies respectively, if -

(1) on or before January 30, 1953, (i) the conveyance is

requested by the governing body of the municipality or county and

(ii) the public housing agency has demonstrated to the

satisfaction of the Secretary of Housing and Urban Development

that there is a need for low-rent housing (as such term is

defined in the United States Housing Act of 1937 [42 U.S.C. 1437

et seq.]) within the area of operation of such public housing

agency which is not being met by private enterprise;

(2) the Secretary of Housing and Urban Development determines

that the project requested will meet such need in whole or in

part, and is suitable for low-rent housing use; and

(3) on or before June 30, 1953, the governing body of the

municipality or county enters into an agreement with the public

housing agency (satisfactory to the Secretary of Housing and

Urban Development) providing for local cooperation and payments

in lieu of taxes not in excess of the amount permitted by

subsection (c)(5) of this section, and the public housing agency

enters into an agreement with the Secretary of Housing and Urban

Development (in accordance with subsection (c) of this section)

or for the administration of the project:

State Project Local public housing agency

number

--------------------------------------------------------------------

Alabama 1041 Housing Authority of District of

Birmingham.

1061 Housing Authority of Greater Gadsden.

1062 Housing Authority of Greater Gadsden.

1031 Housing Board of Mobile.

1033 Housing Board of Mobile.

1034 Housing Board of Mobile.

1035 Housing Board of Mobile.

1036 Housing Board of Mobile.

1101 Housing Board of Mobile.

1102 Housing Board of Mobile.

1072 Housing Authority of Sylacauga.

1076 Housing Authority of Sylacauga.

1073 Housing Authority of City of

Talladega.

Arkansas 3023 Housing Authority of City of Conway.

California 4031 Housing Authority of City of Fresno.

4161 Housing Authority of County of Kern.

4141 Housing Authority of County of Kern.

4103 Housing Authority of City of Los

Angeles.

4104 Housing Authority of City of Los

Angeles.

4108 Housing Authority of City of Los

Angeles.

4121 Housing Authority of City of Paso

Robles.

4171 Housing Authority of City of Richmond.

4174 Housing Authority of City of Richmond.

Connecticut 6091 Housing Authority of City of Bristol.

6024 Housing Authority of Town of East

Hartford.

6031 Housing Authority of City of New

Britain.

6032 Housing Authority of City of New

Britain.

6101 Housing Authority of City of New

Haven.

6041 Housing Authority of City of

Waterbury.

6213 Housing Authority of City of

Waterbury.

District of 49012 National Capital Housing Authority.

Columbia

49017 National Capital Housing Authority.

49044 National Capital Housing Authority.

Florida 8052 Housing Authority of City of

Jacksonville.

8121 Housing Authority of City of Lakeland.

8062 Housing Authority of City of Miami.

8011 Housing Authority of City of Orlando.

8082 Housing Authority of City of

Pensacola.

8084 Housing Authority of City of

Pensacola.

8085 Housing Authority of City of

Pensacola.

8131 Housing Authority of City of Sebring.

8041 Housing Authority of City of West

Palm Beach.

Georgia 9071 Housing Authority of City of Albany.

9061 Housing Authority of Macon.

9063 Housing Authority of Macon.

9041 Housing Authority of Savannah.

9042 Housing Authority of Savannah.

9043 Housing Authority of Savannah.

Illinois 11081 Madison County Housing Authority.

11082 Madison County Housing Authority.

11111 Winnebago County Housing Authority.

11112 Winnebago County Housing Authority.

Indiana 12071 Housing Authority of City of Fort

Wayne.

12021 Housing Authority of City of South

Bend.

Louisiana 16051 Housing Authority of Parish of East

Baton Rouge.

Maryland 18095 Housing Authority of Baltimore City.

18096 Housing Authority of Baltimore City.

18097 Housing Authority of Baltimore City.

18098 Housing Authority of Baltimore City.

Massachusetts 19051 Boston Housing Authority.

19021 Chicopee Housing Authority.

19022 Chicopee Housing Authority.

19061 Pittsfield Housing Authority.

19023 Springfield Housing Authority.

Michigan 20042 Housing Commission of Detroit.

Nevada 26021 Housing Authority of City of Las

Vegas.

New Hampshire 27021 Housing Authority of City of

Manchester.

New Jersey 28044 Housing Authority of City of Camden.

28021 Housing Authority of City of Long

Branch.

28072 Housing Authority of City of Newark.

28111 Housing Authority of Town of

Phillipsburg.

New York 30031 Buffalo Municipal Housing Authority.

30032 Buffalo Municipal Housing Authority.

30042 Elmira Housing Authority.

30033 Lackawanna Municipal Housing

Authority.

30039 Lackawanna Municipal Housing

Authority.

30034 Niagara Falls Housing Authority.

30071 Niagara Falls Housing Authority.

30082 Massena Housing Authority.

North Carolina 31023 Housing Authority of City of

Wilmington.

31024 Housing Authority of City of

Wilmington.

Ohio 33031 Canton Metropolitan Housing Authority.

33033 Canton Metropolitan Housing Authority.

33021 Cincinnati Metropolitan Housing

Authority.

33071 Cleveland Metropolitan Housing

Authority.

33074 Cleveland Metropolitan Housing

Authority.

33075 Cleveland Metropolitan Housing

Authority.

33112 Lorain Metropolitan Housing Authority.

33261 Lorain Metropolitan Housing Authority.

33262 Lorain Metropolitan Housing Authority.

33041 Warren Metropolitan Housing Authority.

33043 Warren Metropolitan Housing Authority.

Oregon 35021 Housing Authority of Portland.

Pennsylvania 36051 Housing Authority of County of Beaver.

36058 Housing Authority of County of Beaver.

36041 Housing Authority of Bethlehem.

36042 Housing Authority of Bethlehem.

36044 Housing Authority of Bethlehem.

36151 Allegheny County Housing Authority.

36152 Allegheny County Housing Authority.

36061 Housing Authority of County of

Lawrence.

36021 Housing Authority of City of Erie.

36031 Housing Authority of County of

Lycoming.

36011 Housing Authority of Philadelphia.

36012 Housing Authority of Philadelphia.

36014 Housing Authority of Philadelphia.

36015 Housing Authority of Philadelphia.

36016 Housing Authority of Philadelphia.

36101 Housing Authority of City of

Pittsburgh.

36212 Allegheny County Housing Authority.

36295 Housing Authority of City of York.

Rhode Island 37013 Housing Authority of City of Newport.

South Carolina 38023 Housing Authority of City of

Charleston.

38061 Housing Authority of City of

Charleston.

38041 Housing Authority of City of

Spartanburg.

38042 Housing Authority of City of

Spartanburg.

Tennessee 40022 Jackson Housing Authority.

40023 Milan Housing Authority.

40011 Nashville Housing Authority.

40025 Trenton Housing Authority.

Texas 41064 Housing Authority of City of Corpus

Christi.

41065 Housing Authority of City of Corpus

Christi.

41133 Housing Authority of City of Freeport.

41031 Housing Authority of City of Houston.

41131 Housing Authority of City of Lake

Jackson.

41101 Housing Authority of City of Mineral

Wells.

41103 Housing Authority of City of Mineral

Wells.

41072 Housing Authority of City of Orange.

41032 Housing Authority of City of Pasadena.

41141 Housing Authority of City of

Texarkana.

41121 Housing Authority of City of Wichita

Falls.

Virginia 44131 Alexandria Redevelopment and Housing

Authority.

44132 Alexandria Redevelopment and Housing

Authority.

44133 Alexandria Redevelopment and Housing

Authority.

44135 Alexandria Redevelopment and Housing

Authority.

44136 Alexandria Redevelopment and Housing

Authority.

44065 Newport News Redevelopment and

Housing Authority.

44074 Norfolk Redevelopment and Housing

Authority.

44086 Portsmouth Redevelopment and Housing

Authority.

Washington 45043 Housing Authority of City of

Bremerton.

45277N Housing Authority of County of

Clallam.

45315N Housing Authority of County of

Clallam.

45133 Housing Authority of County of King.

45052 Housing Authority of City of Seattle.

45053 Housing Authority of City of Seattle.

45054 Housing Authority of City of Seattle.

45055 Housing Authority of City of Seattle.

45056 Housing Authority of City of Seattle.

45122 Housing Authority of City of

Vancouver.

--------------------------------------------------------------------

In addition to the authority of the Secretary of Housing and

Urban Development under the first sentence of this subsection, the

Secretary is specifically authorized to convey any permanent war

housing project to a local public housing agency if requested in

writing, within sixty days after April 20, 1950, by such agency or

the executive head of the municipality (or of the county or parish

if such project is not in a municipality) within which the project

is located, or by the Governor of the State where an agency of the

State has authority to operate the project: Provided, That any

conveyance by the Secretary of Housing and Urban Development

pursuant to this sentence shall be subject to the same conditions

and requirements as provided in this section with respect to a

project specifically designated herein.

(b) Projects as "low-rent housing"

Upon the conveyance by the Secretary of Housing and Urban

Development of any such project pursuant to the provisions of this

section, such project shall constitute and be deemed to be

"low-rent housing" as that term is used and defined in the United

States Housing Act of 1937 [42 U.S.C. 1437 et seq.] (and to be a

low-rent housing project assisted pursuant to that Act, within the

meaning of section 1404a(b) of this title). Any instrument of

conveyance by the Administrator stating that it is executed under

subchapters II to VII of this chapter shall be conclusive evidence

of compliance therewith insofar as any title or other interest in

the property is concerned.

(c) Conditions and requirements of agreements

The agreement between the public housing agency and the Secretary

of Housing and Urban Development required by subsection (a) of this

section shall contain the following conditions and requirements,

and may contain such further conditions, requirements, and

provisions as the Secretary determines -

(1) during a period of forty years following the conveyance the

project shall be administered as low-rent housing in accordance

with subsections 2(1) and 2(2) of the United States Housing Act

of 1937 [42 U.S.C. 1402(1) and (2)]: Provided, That if at any

time during such period the public housing agency and the

Secretary of Housing and Urban Development agree that the

project, or any part thereof, is no longer suitable for use as

low-rent housing, the project, or part thereof, shall with the

approval of the Secretary of Housing and Urban Development be

sold by the public housing agency after which the agreement shall

be deemed to have terminated with respect to such project or part

thereof except that the proceeds from such sale, after payment of

the reasonable expense thereof, shall be paid to the Secretary of

Housing and Urban Development, or, with the Secretary's approval,

used to finance the repair or rehabilitation of a project or part

thereof conveyed to the public housing agency under this section;

(2) the public housing agency shall, within six months

following the conveyance, initiate a program for the removal of

all families residing in the project on the date of conveyance

who are ineligible under the provisions of the United States

Housing Act of 1937 [42 U.S.C. 1437 et seq.] for continued

occupancy therein, and shall have required such ineligible

tenants to vacate their dwellings within eighteen months after

the initiation of such program: Provided, That military personnel

as designated by the Secretary of Defense or his designee shall

not be subject to such removal until eighteen months after the

date of conveyance;

(3) annually during the term of such agreement, the public

housing agency shall pay to the Secretary of Housing and Urban

Development all income from the project remaining after deducting

the amounts necessary (as determined pursuant to regulations of

the Secretary of Housing and Urban Development) for (i) the

payment of reasonable and proper costs of operating, maintaining,

and approving such project, (ii) the payments in lieu of taxes

authorized hereunder, (iii) the establishment and maintenance of

reasonable and proper reserves as approved by the Secretary of

Housing and Urban Development, and (iv) the payment of currently

maturing installments of principal of and interest on any

indebtedness incurred by such public housing agency with the

approval of the Secretary of Housing and Urban Development:

Provided, That the provisions of this paragraph shall not be

applicable to any project which is consolidated under a single

contract with one or more low-rent projects being assisted under

the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.],

and all income from any such project conveyed under this section

may be commingled with funds of the project or projects with

which it is consolidated and applied in accordance with the

requirements of the consolidated contract and the provisions of

section 10(c) of the said Act [42 U.S.C. 1410(c)];

(4) during the term of such agreement, the project shall be

exempt from all real and personal property taxes levied or

imposed by the State, city, county, or other political

subdivisions;

(5) for the tax year in which the conveyance is made and the

next succeeding tax year annual payments in lieu of taxes may be

made to the State, city, county, or other political subdivisions

in amounts not in excess of the real property taxes which would

be paid to such State, city, county, or other political

subdivisions if the project were not exempt from taxation; and

thereafter, during the term of such agreement, payments in lieu

of taxes with respect to the project may be made in annual

amounts which do not exceed 10 per centum of the annual shelter

rents charged in such project;

(6) in selecting tenants for such project, the public housing

agency shall give such preferences as are prescribed by

subsection 10(g) of the United States Housing Act of 1937 [42

U.S.C. 1410g], except that for one year after the date of

conveyance of a project, the public housing agency shall, to the

extent permitted by law, give such preferences, by allocation or

otherwise, to military personnel as the Secretary of Defense or

his designee prescribes to the public housing agency; and

(7) upon the occurrence of a substantial default in respect to

the requirements and conditions to which the public housing

agency is subject (as such substantial default shall be defined

in such agreement), the public housing agency shall be obligated

at the option of the Secretary of Housing and Urban Development,

either to convey title in any case where, in the determination of

the Secretary of Housing and Urban Development, (which

determination shall be final and conclusive), such conveyance of

title is necessary to achieve the purposes of this subchapter and

the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.],

or to deliver possession to the Secretary of Housing and Urban

Development of the project, as then constituted, to which such

agreement relates: Provided, That in the event of such conveyance

of title or delivery of possession, the Secretary of Housing and

Urban Development may improve and administer such project as

low-rent housing, and otherwise deal with such housing or parts

thereof, subject, however, to the limitations contained in the

applicable provisions of the United States Housing Act of 1937.

The Secretary of Housing and Urban Development shall be obligated

to reconvey or to redeliver possession of the project, as

constituted at the time of reconveyance or redelivery, to such

public housing agency or to its successor (if such public housing

agency or a successor exists) upon such terms as shall be

prescribed in such agreement and as soon as practicable after the

Secretary of Housing and Urban Development shall be satisfied

that all defaults with respect to the project have been cured,

and that the project will, in order to fulfill the purposes of

this subchapter and the United States Housing Act of 1937,

thereafter be operated in accordance with the terms of such

agreement. Any prior conveyances and reconveyances, deliveries

and redeliveries of possession shall not exhaust the right to

require a conveyance or delivery of possession of the project to

the Secretary of Housing and Urban Development pursuant to this

paragraph upon the subsequent occurrence of a substantial

default.

(d) Disposition of payments

At the end of each fiscal year, the total amount of payments

during such year to the Secretary of Housing and Urban Development

in accordance with subsection (c) of this section shall be covered

into the Treasury as miscellaneous receipts.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 606, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended by Ex. Ord. No. 10284, Secs. 6, 7,

eff. Sept. 4, 1951, 16 F.R. 8971; Ex. Ord. No. 10339, eff. Apr. 7,

1952, 17 F.R. 3012; Ex. Ord. No. 10425, eff. Jan. 16, 1953, 18 F.R.

405; Pub. L. 86-372, title VIII, Sec. 807, Sept. 23, 1959, 73 Stat.

687; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669; Pub.

L. 93-383, title II, Sec. 207, Aug. 22, 1974, 88 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in subsecs.

(a)(1), (b), and (c)(2), (3), (7), is act Sept. 1, 1937, ch. 896,

as revised generally by Pub. L. 93-383, title II, Sec. 201(a), Aug.

22, 1974, 88 Stat. 653, which is classified generally to chapter 8

(Sec. 1437 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note under section 1437 of

this title and Tables.

Subchapters III and VI of this chapter, referred to in subsec.

(b), were comprised of sections 1531 to 1536 and 1571 to 1576,

respectively, of this title and have been omitted from the Code.

For further details, see note set out under section 1522 of this

title.

Subsections 2(1) and 2(2) and section 10 of the United States

Housing Act of 1937, referred to in subsec. (c)(1), (3), and (6),

are references to sections 2 and 10 of the Act prior to the general

revision of the Act by Pub. L. 93-383. The Act as so revised is

classified to section 1437 et seq. of this title. Provisions of

former sections 2 and 10 are covered by sections 3 and 5 of the Act

which are classified to sections 1437a and 1437d of this title.

-MISC1-

AMENDMENTS

1974 - Subsec. (b). Pub. L. 93-383, Sec. 207(a), struck out

provisions relating to payment of capital grants or annual

contributions to low-rent housing projects.

Subsec. (c)(1). Pub. L. 93-383, Sec. 207(b), inserted provision

relating to financing repair or rehabilitation of a project or part

of project conveyed to public housing agency under this section.

1959 - Subsec. (b). Pub. L. 86-372, Sec. 807(1), provided that if

any such project is consolidated under a single annual

contributions contract with any low-rent project being assisted

with annual contributions under United States Housing Act of 1937,

payment of any annual contribution on account of any project so

assisted shall not be deemed to be a capital grant or annual

contribution with respect to any project conveyed hereunder.

Subsec. (c)(3). Pub. L. 86-372, Sec. 807(2), inserted proviso

making provisions of subsec. (c)(3) inapplicable to any project

which is consolidated under a single contract with one or more

low-rent projects being assisted under United States Housing Act of

1937, and permitting commingling of income from such project with

funds of project or projects with which it is consolidated.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-EXEC-

EXECUTIVE ORDER NO. 10284

Ex. Ord. No. 10284, Sept. 4, 1951, extended time for request for

conveyance of housing projects from Dec. 31, 1950, to Dec. 31,

1951, and extended time for entering agreements with Public Housing

Administration from June 30, 1951, to June 30, 1952. See note set

out under section 1589a of this title.

EXECUTIVE ORDER NO. 10339

Ex. Ord. No. 10339, Apr. 7, 1952, set out as a note under section

1589a of this title, extended time for request for conveyance of

housing projects from Dec. 31, 1951, to Dec. 31, 1952, and extended

time for entering agreements with Public Housing Administration

from June 30, 1952, to June 30, 1953.

EXECUTIVE ORDER NO. 10425

Ex. Ord. No. 10425, Jan. 16, 1953, set out as a note under

section 1589a of this title, extended time for request for

conveyance of housing projects from Dec. 31, 1952, to June 30,

1953.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1585, 1587 of this title.

-End-

-CITE-

42 USC Sec. 1587 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1587. Disposition of other permanent war housing

-STATUTE-

(a) Public interest

The Secretary of Housing and Urban Development shall, subject to

the provisions of this section, dispose of permanent war housing,

other than housing conveyed pursuant to section 1586 of this title,

as promptly as practicable and in the public interest.

(b) Preference in sales to individuals

Preference in the purchase of any dwelling structure designed for

occupancy by not more than four families and offered for separate

sale shall be granted to occupants and to veterans over other

prospective purchasers for such period as the Secretary of Housing

and Urban Development may determine and in the following order:

(1) a veteran who occupies a unit in the dwelling structure to

be sold and who intends to continue to occupy such unit;

(2) a nonveteran who occupies a unit in the dwelling structure

to be sold and who intends to continue to occupy such unit;

(3) a veteran who intends to occupy a unit in the dwelling

structure to be sold.

Subject to the above order of preference, the Secretary of

Housing and Urban Development may establish subordinate preferences

for any such dwelling structure. In the disposition of any

dwellings under this section which were acquired by the United

States from persons occupying the dwellings at the time of such

acquisition, the Secretary of Housing and Urban Development may,

notwithstanding the order of preference provided in this section,

grant a first preference to such persons in the purchase of any of

these dwellings for such period and under such conditions as the

Secretary may determine to be appropriate and in the public

interest. As used in this subsection, the term "veteran" shall

include a veteran, a serviceman, or the family of a veteran or a

serviceman, or the family of a deceased veteran or serviceman whose

death has been determined by the Secretary of Veterans Affairs to

be service-connected.

(c) Preference in sales of projects

In the case of any housing project required by this section to be

disposed of, which is not offered for separate sale of separate

dwelling structures designed for occupancy by not more than four

families, such project may be sold as a whole or in such portions

as the Secretary of Housing and Urban Development may determine. On

such sales of an entire project or portions thereof consisting of

more than one dwelling structure or of an individual dwelling

structure designed for occupancy by more than four families, first

preference shall be given for such period not less than ninety days

nor more than six months from the date of the initial offering of

such project or portions thereof as the Secretary of Housing and

Urban Development may determine, to groups of veterans organized on

a mutual ownership or cooperative basis (provided that any such

group shall accept as a member of its organization, on the same

terms, subject to the same conditions, and with the same privileges

and responsibilities, required of, and extended to other members of

the group any tenant occupying a dwelling unit in such project,

portion thereof or building, at any time during such period as the

Secretary of Housing and Urban Development shall deem appropriate,

starting on the date of the announcement by the Secretary of

Housing and Urban Development of the availability of such project,

portion thereof or building for sale), except that a first

preference for said period of not less than ninety days nor more

than six months shall be given to any group organized on a mutual

or cooperative basis, which, with respect to its proposed purchase

of a specific housing project or portions thereof, has, prior to

August 1, 1949, been granted an exception by the Secretary of

Housing and Urban Development from the sales preference provisions

of Public Regulation 1 of the Housing and Home Finance Agency and

has been designated as a preferred purchaser.

(d) Equitable selection method for each preference class

The Secretary of Housing and Urban Development shall provide an

equitable method of selecting the purchasers to apply when

preferred purchasers (or groups of preferred purchasers) in the

same preference class or containing members in the same preference

class compete with each other.

(e) Veterans' preference

Any housing disposed of in accordance with this section shall

after such disposal be deemed to be housing accommodations the

construction of which was completed after June 30, 1947, within the

meaning of section 1884 of Appendix to title 50, relating to

preference or priority to veterans of World War II or their

families.

(f) Terms of sales

Sales pursuant to this section shall be upon such terms as the

Secretary of Housing and Urban Development shall determine:

Provided, That full payment to the Government for the property sold

shall be required within a period not exceeding twenty-five years

with interest on unpaid balances at not less than 4 per centum per

annum, except that in the case of projects initially programmed as

mutual housing communities under the defense housing program, the

terms of sale shall not require a down payment and shall provide

for full payment to the United States over a period of forty-five

years with interest on unpaid balances at not more than 3 per

centum per annum.

(g) Disregard of preferences in certain cases

The Secretary of Housing and Urban Development may dispose of any

permanent war housing without regard to the preferences in

subsections (b) and (c) of this section when the Secretary

determines that (1) such housing, because of design or lack of

amenities, is unsuitable for family dwelling use, or (2) it is

being used at the time of disposition for other than dwelling

purposes, or (3) it was offered, with preferences substantially

similar to those provided in the Housing Act of 1950, to veterans

and occupants prior to April 20, 1950.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 607, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended Mar. 10, 1954, ch. 61, 68 Stat. 26;

Aug. 2, 1954, ch. 649, title VIII, Sec. 805(2), 68 Stat. 644; Pub.

L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L. 102-54,

Sec. 13(q)(6)(B), June 13, 1991, 105 Stat. 281.)

-REFTEXT-

REFERENCES IN TEXT

The Housing Act of 1950, referred to in subsec. (g), is act Apr.

20, 1950, ch. 94, 64 Stat. 48, as amended. For complete

classification of this Act to the Code, see Short Title of 1950

Amendment note set out under section 1701 of Title 12, Banks and

Banking, and Tables.

-MISC1-

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-54 substituted "Secretary of

Veterans Affairs" for "Veterans' Administration" in last sentence.

1954 - Subsec. (b). Act Mar. 10, 1954, in last paragraph,

inserted sentence permitting Administrator to give, in the

disposition of dwellings under this section which were acquired by

the United States from persons occupying the dwellings at the time

of such acquisition, a first preference to such persons in the

purchase thereof.

Subsec. (g). Act Aug. 2, 1954, added subsec. (g).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1589d of this title.

-End-

-CITE-

42 USC Sec. 1588 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1588. Sale of vacant land to local housing authorities; sale

of personal property

-STATUTE-

(a) Notwithstanding any other provision of law, any land acquired

under subchapters II to VII of this chapter or any other Act in

connection with war or veterans' housing, but upon which no

dwellings are located at the time of sale, may be sold at fair

value, as determined by the Secretary of Housing and Urban

Development to any agency organized for slum clearance or to

provide subsidized housing for persons of low income.

(b) Notwithstanding any other provision of law, any personal

property held under subchapters II to VII of this chapter, and not

sold with a project or building, may be sold at fair value, as

determined by the Secretary of Housing and Urban Development to any

agency organized for slum clearance or to provide subsidized

housing for persons of low income. Any sale of personal property

under this subsection shall be made on a cash basis, payable at the

time of settlement.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 608, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended Aug. 11, 1955, ch. 787, 69 Stat.

668; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-MISC1-

AMENDMENTS

1955 - Act Aug. 11, 1955, designated existing provisions as

subsec. (a) and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1589 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1589. Conveyance of land and nondwelling structures thereon to

States for National Guard purposes

-STATUTE-

Notwithstanding any other provision of law, the Secretary of

Housing and Urban Development is authorized to convey by quit claim

deed, without consideration, to any State for National Guard

purposes any land, together with any nondwelling structures

thereon, held under subchapters II to VII of this chapter or any

other Act in connection with war or veterans' housing: Provided,

That the United States shall be saved harmless from or reimbursed

for such costs incidental to the conveyance as the Secretary of

Housing and Urban Development may deem proper: Provided further,

That the conveyance of such land shall contain the express

condition that if the grantee shall fail or cease to use such land

for such purposes, or shall alienate (or attempt to alienate) such

land, title thereto shall, at the option of the United States,

revert to the United States.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 609, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended Pub. L. 89-174, Sec. 5(a), Sept. 9,

1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1589a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1589a. Extension by President of dates for disposal and other

actions relating to housing under this subchapter

-STATUTE-

Notwithstanding any other provision of law, the President is

authorized to extend, for such period or periods as he shall

specify, the time within which any action is required or permitted

to be taken by the Secretary of Housing and Urban Development or

others under the provisions of this subchapter or section 1553 of

this title (or any contract entered into pursuant thereto), upon a

determination by him, after considering the needs of national

defense and the effect of such extension upon the general housing

situation and the national economy, that such extension is in the

public interest.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 611, as added Sept. 1,

1951, ch. 378, title VI, Sec. 603(d), 65 Stat. 314; amended July

14, 1952, ch. 723, Sec. 6, 66 Stat. 603; Pub. L. 89-174, Sec. 5(a),

Sept. 9, 1965, 79 Stat. 669.)

-MISC1-

AMENDMENTS

1952 - Act July 14, 1952, inserted "or section 1553 of this

title" immediately before parenthetical clause, and substituted

"thereto" for "of this subchapter" in parenthetical clause.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-EXEC-

EXECUTIVE ORDER NO. 10284

Ex. Ord. No. 10284, Sept. 1, 1951, 16 F.R. 8971, was superseded

by Ex. Ord. No. 10339, Apr. 5, 1952, 17 F.R. 3012.

EX. ORD. NO. 10339. EXTENSIONS OF TIME

Ex. Ord. No. 10339, Apr. 7, 1952, 17 F.R. 3012, as amended by Ex.

Ord. No. 10425, Jan. 16, 1953, 18 F.R. 405, provided:

1. [Superseded. Ex. Ord. No. 10425, Jan. 16, 1953, 18 F.R. 405.]

2. The time stipulated in subsection (c) of section 601 of the

Act [section 1581(c) of this title] on or before which all

conditions to relinquishments or transfers pursuant to requests

made under subsections (a), (b) and (g) of that section must be

complied with is extended to June 30, 1953.

3. The time stipulated in section 604 of the Act [section 1584 of

this title] after which vacancies occurring or continuing in

temporary housing remaining under the jurisdiction of the Housing

and Home Finance Administrator on land under his control may be

filled only by transfer of tenants of other accommodations in the

same locality being removed as required by the Act is extended to

July 1, 1953.

4. The time stipulated in section 604 of the Act [section 1584 of

this title] on or before which all tenants must be notified to

vacate the premises is extended to March 31, 1954; and the time

required to be stipulated in such notices prior to which the

premises must be vacated is extended to July 1, 1954.

5. The time stipulated in section 604 of the Act [section 1584 of

this title] promptly after which actions must be instituted to

evict any tenants still remaining is extended to July 1, 1954.

6. [Superseded. Ex. Ord. No. 10425, Jan. 16, 1953, 18 F.R. 405.]

7. The time stipulated in section 606(a)(3) of the Act [section

1586(a)(3) of this title] on or before which the governing body of

the municipality or county must enter into an agreement with the

public housing agency satisfactory to the Public Housing

Administration providing for local cooperation and payments in lieu

of taxes and on or before which the public housing agency must

enter into an agreement with the Public Housing Administration for

the administration of any project requested under section 606(a) of

the Act [section 1586(a) of this title] is extended to June 30,

1953.

This order supersedes Executive Order 10284, dated September 1,

1951.

EX. ORD. NO. 10385. EXTENSION OF TIME RELATING TO THE REMOVAL OF

CERTAIN TEMPORARY HOUSING

Ex. Ord. No. 10385, Aug. 16, 1952, 17 F.R. 7525, provided:

The time stipulated in section 313 of the said act approved

October 14, 1940, as amended [section 1553 of this title], within

which, subject to the qualifications stated in the said section 313

[section 1553 of this title], housing of a temporary character

under the jurisdiction of the Housing and Home Finance

Administrator and constructed under certain laws must be removed is

hereby extended from December 31, 1952, to July 1, 1954.

EX. ORD. NO. 10395. EXTENSION OF TIME

Ex. Ord. No. 10395, Sept. 18, 1952, 17 F.R. 8449, as amended by

Ex. Ord. No. 10425, Jan. 16, 1953, 18 F.R. 405, provided:

1. [Superseded. Ex. Ord. No. 10425, Jan. 16, 1953, 18 F.R. 405.]

2. The time stipulated in subsection (c) of section 601 of the

Act [section 1581(c) of this title] on or before which all

conditions to relinquishments or transfers pursuant to requests

made under subsection (h) of that section must be complied with is

extended to June 30, 1953.

EX. ORD. NO. 10425. EXTENSIONS OF TIME

Ex. Ord. No. 10425, Jan. 16, 1953, 18 F.R. 405, provided:

1. The time stipulated in subsection (c) of section 601 of the

act [section 1581(c) of this title] on or before which requests

must be filed under subsections (a), (b), (g), and (h) of that

section is extended to June 30, 1953.

2. The time stipulated in section 606(a)(1) of the action or

before which conveyance of the housing projects listed in section

606(a)(3) of the act [section 1586(2)(1) of this title] must be

requested by the governing body of the municipality or county and

on or before which the need for low-rent housing must be

demonstrated to the satisfaction of the Administrator is extended

to June 30, 1953.

This order supersedes paragraphs 1 and 6 of Executive Order No.

10339 of April 5, 1952 [set out above], and paragraph 1 of

Executive Order No. 10395 of September 18, 1952 [set out above].

EX. ORD. NO. 10462. DELEGATION OF FUNCTIONS TO THE HOUSING AND HOME

FINANCE ADMINISTRATOR

Ex. Ord. No. 10462, June 19, 1953, 18 F.R. 3613, provided:

1. The Housing and Home Finance Administrator is hereby

designated and empowered to perform, without the approval,

ratification, or other action by the President, the functions

vested in the President by section 611 of the act entitled "An Act

to expedite the provision of housing in connection with national

defense, and for other purposes," approved October 14, 1940, as

amended (42 U.S.C. 1589a).

2. The meaning of the terms "perform" and "functions" as used in

this order shall be the same as the meaning of those terms as used

in chapter 4 of title 3 of the United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1589d of this title.

-End-

-CITE-

42 USC Sec. 1589b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1589b. Establishment of income limitations for occupancy of

housing; effect on prior tenants

-STATUTE-

The Secretary of Housing and Urban Development notwithstanding

any other provisions of subchapters II to VII of this chapter or

any other law except provisions hereafter enacted expressly in

amendment hereof, is authorized to establish income limitations for

occupancy of any housing held by him under subchapters II to VII of

this chapter and, giving consideration to the ability of such

tenants to obtain other housing accommodations, to require tenants,

admitted to occupancy prior to the establishment of such income

limitations and who have incomes in excess of limitations

established by him, to vacate such housing.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 612, as added Sept. 1,

1951, ch. 378, title VI, Sec. 603(d), 65 Stat. 314; amended Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in text, were

comprised of sections 1531 to 1536 and 1571 to 1576, respectively,

of this title and have been omitted from the Code. For further

details, see note set out under section 1522 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1589c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1589c. Transfer of certain housing to Indians

-STATUTE-

Upon a certification by the Secretary of the Interior that any

surplus housing, classified by the Secretary of Housing and Urban

Development as demountable, in the area of San Diego, California,

is needed to provide dwelling accommodations for members of a tribe

of Indians in Riverside County or San Diego County or Imperial

County, California, the Secretary of Housing and Urban Development

is authorized, notwithstanding any other provision of law, to

transfer and convey such housing without consideration to such

tribe, the members thereof, or the Secretary of the Interior in

trust therefor, as the Secretary may prescribe: Provided, That the

term housing as used in this section shall not include land.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 613, as added Aug. 2, 1954,

ch. 649, title VIII, Sec. 805(3), 68 Stat. 645; amended Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1589d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1589d. Undisposed housing

-STATUTE-

(a) Disposal to highest bidder; rejection of bids; disposal by

negotiation

Notwithstanding the provisions of this or any other law, (1) any

housing to be sold on-site determined by the Secretary of Housing

and Urban Development to be permanent, located on lands owned by

the United States and under the jurisdiction of the Secretary,

which is not relinquished, transferred, under contract of sale,

sold, or otherwise disposed of by the Secretary under other

provisions of this subchapter or under the provisions of other law

by January 1, 1957, except housing which is determined by the

Secretary by that date to be suitable for sale in accordance with

section 1587(b) of this title; and (2) any permanent housing to be

sold off-site which is not relinquished, transferred, under

contract of sale, sold, or otherwise disposed of prior to August 7,

1956, shall be disposed of, as expeditiously as possible, on a

competitive basis to the highest responsible bidder upon such terms

and after such public advertisement as the Secretary of Housing and

Urban Development may deem in the public interest; except that the

Secretary of Housing and Urban Development may reject any bid which

the Secretary deems less than the fair market value of the property

and may thereafter dispose of the property by negotiation.

(b) Contracts; time for passage of title; termination of

purchaser's rights

Notwithstanding the provisions of this or any other law, all

contracts entered into after August 7, 1956, for the sale,

transfer, or other disposal of housing (other than housing subject

to the provisions of section 1587(b) of this title) determined by

the Secretary of Housing and Urban Development to be permanent,

except contracts entered into pursuant to subsection (a) of this

section, shall require that if title does not pass to the purchaser

by April 1, 1957 (or within sixty days thereafter if such time is

necessary to cure defects in title in accordance with the

provisions of the contract), the rights of the purchaser shall

terminate and thereafter the housing shall be sold under the

provisions of subsection (a) of this section. For the purposes of

this subsection, title shall be considered to have passed upon the

execution of a conditional sales contract.

(c) Dates

The dates set forth in subsections (a) and (b) of this section

shall not be subject to change by virtue of the provisions of

section 1589a of this title.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 614, as added Aug. 7, 1956,

ch. 1029, title IV, Sec. 407(a), 70 Stat. 1106; amended Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1590 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

-HEAD-

Sec. 1590. Definitions

-STATUTE-

As used in this subchapter, the following terms shall have the

meanings ascribed to them below, unless the context clearly

indicates otherwise:

(a) The term "governing body of the municipality or county" means

the governing body of the city, village, or other municipality

having general governmental authority over the area in which the

housing involved is located or, if the housing is not located in

such a municipality, the term means the governing body of the

county or parish in which the housing is located, or if the housing

is located in the District of Columbia the term means the Council

of the District of Columbia.

(b) The term "housing" means any housing under the jurisdiction

of the Secretary of Housing and Urban Development (including

trailers and other mobile or portable housing) constructed,

acquired, or made available under subchapters II to VII of this

chapter or Public Law 781, Seventy-sixth Congress, approved

September 9, 1940, or Public Laws 9, 73, or 353, Seventy-seventh

Congress, approved, respectively, March 1, 1941, May 24, 1941, and

December 17, 1941, or any other law, and includes in addition to

dwellings any structures, appurtenances, and other property, real

or personal, acquired for or held in connection therewith.

(c) The term "temporary housing" means any housing (as defined in

(b)) which the Secretary of Housing and Urban Development has

determined to be "of a temporary character" pursuant to subchapters

II to VII of this chapter and shall also include any such housing

after rights thereto have been relinquished or transferred under

this subchapter or section 1575 of this title.

(d) The terms "veteran" and "serviceman" mean "veteran" and

"serviceman" as those terms are defined in the United States

Housing Act of 1937 [42 U.S.C. 1437 et seq.].

(e) The term "State" means any State, Territory, dependency, or

possession of the United States, or the District of Columbia.

(f) The term "going Federal rate of interest" means "going

Federal rate" as that term is defined in the United States Housing

Act of 1937 [42 U.S.C. 1437 et seq.].

(g) The term "United States Housing Act of 1937" [42 U.S.C. 1437

et seq.] means the provisions of that Act, including all amendments

thereto, now or hereafter adopted, except provisions relating to

the initial construction of a project or dwelling units.

-SOURCE-

(Oct. 14, 1940, ch. 862, title VI, Sec. 610, as added June 28,

1948, ch. 688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II,

Sec. 201, 64 Stat. 59; amended Pub. L. 89-174, Sec. 5(a), Sept. 9,

1965, 79 Stat. 669; 1967 Reorg. Plan No. 3, Sec. 402(432), eff.

Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 948; Pub. L. 93-198, title

IV, Sec. 401, Dec. 24, 1973, 87 Stat. 785.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters III and VI of this chapter, referred to in subsecs.

(b) and (c), were comprised of sections 1531 to 1536 and 1571 to

1576, respectively, of this title and have been omitted from the

Code. For further details, see note set out under section 1522 of

this title.

The provisions of Public Law 781, and Public Laws 9, 73, or 353,

referred to in subsec. (b), are not classified to the Code. For

further details, see note set out under section 1524 of this title.

The United States Housing Act of 1937, referred to in subsecs.

(d), (f), and (g), is act Sept. 1, 1937, ch. 896, as revised

generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974,

88 Stat. 653, which is classified generally to chapter 8 (Sec. 1437

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1437 of this

title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

In subsec. (a), "Council of the District of Columbia" substituted

for "District of Columbia Council" pursuant to section 401 of Pub.

L. 93-198. District of Columbia Council, as established by Reorg.

Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L.

93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and

replaced by Council of District of Columbia, as provided by section

401 of Pub. L. 93-198.

Previously, reference to Board of Commissioners of District of

Columbia had been changed to District of Columbia Council pursuant

to section 402(432) of Reorganization Plan No. 3 of 1967, 32 F.R.

11669, eff. Nov. 3, 1967, set out in the Appendix to Title 5,

Government Organization and Employees, which transferred the

regulatory and other functions of Board of Commissioners relating

to functions under this subchapter previously vested in Board of

Commissioners pursuant to this section to District of Columbia

Council, subject to the right of the Commissioner as provided by

section 406 of the Plan. For provisions establishing District of

Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967.

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS

-HEAD-

SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS

-End-

-CITE-

42 USC Sec. 1591 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS

-HEAD-

Sec. 1591. Determination of critical areas by President; requisite

conditions

-STATUTE-

(a) Notwithstanding any other provisions of this Act, the

authority contained in titles II or III of this Act shall not be

exercised in any area unless the President shall have determined

that such area is a critical defense housing area.

(b) No area shall be determined to be a critical defense housing

area pursuant to this section unless the President finds that in

such area all the following conditions exist:

(1) a new defense plant or installation has been or is to be

provided, or an existing defense plant or installation has been

or is to be reactivated or its operation substantially expanded;

(2) substantial in-migration of defense workers or military

personnel is required to carry out activities at such plant or

installation; and

(3) a substantial shortage of housing required for such defense

workers or military personnel exists or impends which impedes or

threatens to impede activities at such defense plant or

installation, or that community facilities or services required

for such defense workers or military personnel are not available

or are insufficient, or both, as the case may be.

-SOURCE-

(Sept. 1, 1951, ch. 378, title I, Sec. 101, 65 Stat. 293; June 30,

1953, ch. 170, Sec. 15, 67 Stat. 125.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a), (c), and (d), means act

Sept. 1, 1951, ch. 378, 65 Stat. 293, as amended, known as the

Defense Housing and Community Facilities and Services Act of 1951.

Title II of this Act enacted subchapter X (Sec. 1750 et seq.) of

chapter 13 of Title 12, Banks and Banking, and amended sections

371, 1430, 1702, 1706, 1715c, 1715f, 1716, and 1743 of Title 12.

Title III of this Act is classified generally to subchapter IX

(Sec. 1592 et seq.) of this chapter. For complete classification of

this Act to the Code, see Short Title of 1951 Amendment note set

out under section 1501 of this title and Tables.

-MISC1-

AMENDMENTS

1953 - Subsec. (a). Act June 30, 1953, substituted "titles II or

III" for "titles II, III, or IV".

INCONSISTENT LAWS

Section 617 of act Sept. 1, 1951, provided that: "Insofar as the

provisions of any other law are inconsistent with the provisions of

this Act [see Short Title of 1951 Amendment note set out under

section 1501 of this title], the provisions of this Act shall be

controlling."

SEPARABILITY

Second sentence of section 618 of act Sept. 1, 1951, provided

that: "Notwithstanding any other evidence of the intention of

Congress, it is hereby declared to be the controlling intent of

Congress that if any provisions of this Act [see Short Title of

1951 Amendment note set out under section 1501 of this title], 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 application 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1591a, 1591b; title 12

section 1750b; title 50 App. section 1894a.

-End-

-CITE-

42 USC Sec. 1591a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS

-HEAD-

Sec. 1591a. Construction by private enterprise

-STATUTE-

In order to assure that private enterprise shall be afforded full

opportunity to provide the defense housing needed wherever

possible, in any area which the President, pursuant to the

authority contained in section 1591 of this title, has declared to

be a critical defense housing area -

(a) Publication of number of units needed

first, the number of permanent dwelling units (including

information as to types, rentals, and general locations) needed

for defense workers and military personnel in such critical

defense housing area shall be publicly announced and printed in

the Federal Register by the Secretary of Housing and Urban

Development;

(b) Suspension of credit restrictions

second, residential credit restrictions under the Defense

Production Act of 1950, as amended [50 App. U.S.C. 2061 et seq.],

(1) as to housing to be sold at $12,000 or less per unit or to be

rented at $85 or less per unit per month, shall be suspended with

respect to the number and types of housing units at the sales

prices or rentals which the President determines to be needed in

such area for defense workers or military personnel, and (2) as

to all other housing, shall be relaxed in such manner and to such

extent as the President determines to be necessary and

appropriate to obtain the production of such housing needed in

such area for defense workers or military personnel;

(c) Mortgage insurance

third, the mortgage insurance aids provided under title II of

this Act shall be made available to obtain the production of

housing needed in such area for defense workers or military

personnel; and

(d) Construction by Government as conditional

fourth, no permanent housing shall be constructed by the

Federal Government under the provisions of subchapter IX of this

chapter except to the extent that private builders or eligible

mortgagees have not, within a period of not less than ninety days

(as the Secretary of Housing and Urban Development shall specify)

following public announcement of the availability of such

mortgage insurance aids under title II of this Act, indicated

through bona fide applications (which meet the requirements as to

types, rentals, or sales prices, and general locations) for

exceptions from such residential credit restrictions or for

mortgage insurance or guaranty that they will provide the housing

determined to be needed in such area for defense workers and

military personnel and publicly announced as provided by

subsection (a) of this section.

-SOURCE-

(Sept. 1, 1951, ch. 378, title I, Sec. 102, 65 Stat. 294; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Production Act of 1950, referred to in subsec. (b),

is act Sept. 8, 1950, ch. 932, 64 Stat. 798, as amended, which is

classified to section 2061 et seq. of Title 50, Appendix, War and

National Defense. For complete classification of this Act to the

Code, see section 2061 of Title 50, Appendix, and Tables.

This Act, referred to in subsecs. (c) and (d), means act Sept. 1,

1951, ch. 378, 65 Stat. 293, as amended, known as the Defense

Housing and Community Facilities and Services Act of 1951. Title II

of this Act enacted subchapter X (Sec. 1750 et seq.) of chapter 13

of Title 12, Banks and Banking, and amended sections 371, 1430,

1702, 1706, 1715c, 1715f, 1716, and 1743 of Title 12. For complete

classification of this Act to the Code, see Short Title of 1951

Amendment note set out under section 1501 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1592, 1592a of this

title.

-End-

-CITE-

42 USC Sec. 1591b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS

-HEAD-

Sec. 1591b. Community facilities or services by local agencies

-STATUTE-

In order to assure that community facilities or services required

in connection with national defense activities shall, wherever

possible, be provided by the appropriate local agencies with local

funds, in any area which the President, pursuant to the authority

contained in section 1591 of this title, has declared to be a

critical defense housing area -

(a) Certification of necessity for loan

no loan shall be made pursuant to subchapter IX of this chapter

for the provision of community facilities or equipment therefor

required in connection with national defense activities in such

area unless the chief executive officer of the appropriate

political subdivision certifies, and the Secretary of Housing and

Urban Development finds, that such facilities or equipment could

not otherwise be provided when needed;

(b) Certification of necessity for grants or other payments

no grant or other payment shall be made pursuant to subchapter

IX of this chapter for the provision, or for the operation and

maintenance, of community facilities or equipment therefor, or

for the provision of community services, required in connection

with national defense activities in such area unless the chief

executive officer of the appropriate political subdivision

certifies, and the Secretary of Housing and Urban Development

finds, that such community facilities or services cannot

otherwise be provided when needed, or operated and maintained, as

the case may be, without the imposition of an increased excessive

tax burden or an unusual or excessive increase in the debt limit

of the appropriate local agency; and

(c) Maintenance and operation of facilities

no community facilities or services shall be provided, and no

community facilities shall be maintained and operated, by the

United States directly except where the appropriate local agency

is demonstrably unable to provide such facilities and services,

or to maintain or operate such community facilities and services

adequately with its own personnel, with loans, grants, or

payments authorized to be made pursuant to subchapter IX of this

chapter.

For the purposes of this section, the term "chief executive

officer of the appropriate political subdivision" shall mean

appropriate principal executive officer or governing body having

primary responsibility with respect to the community facility or

service involved, but shall not, in any case, mean any public

housing authority, or its governing body, or any of its officers,

acting in such capacity.

-SOURCE-

(Sept. 1, 1951, ch. 378, title I, Sec. 103, 65 Stat. 294; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1592m, 1592o of this

title.

-End-

-CITE-

42 USC Sec. 1591c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS

-HEAD-

Sec. 1591c. Expiration date; exception

-STATUTE-

After June 30, 1953, no construction of permanent housing may be

begun under subchapter IX of this chapter. After July 31, 1954, (a)

no mortgage may be insured under title IX of the National Housing

Act, as amended [12 U.S.C. 1750 et seq.] (except (i) pursuant to a

commitment to insure issued on or before such date or (ii) after

July 31, 1954, and until August 1, 1955, during such period, or for

such project or projects, as the President may designate hereunder

or (iii) pursuant to a commitment to insure issued pursuant to the

preceding clause (ii)), (b) no agreement may be made to extend

assistance for the provision of community facilities or services

under subchapter IX of this chapter, and no construction of

temporary housing or community facilities by the United States may

be begun under such subchapter, except after July 31, 1954, and

until August 1, 1955, during such period, or for such project or

projects, as the President may designate hereunder: Provided, That

to the extent necessary to assure the adequate completion of any

facilities for which prior agreements have been made under

subchapter IX of this chapter, the Secretary of Housing and Urban

Development may, at any time after July 31, 1954, enter into

amendatory agreements under such subchapter involving the

expenditure of additional Federal funds within the balance

available therefor on or before such date, (c) no loan may be made

or obligations purchased by the Secretary of Housing and Urban

Development under section 1701g-1 of title 12 (except pursuant to a

commitment issued on or before June 30, 1953, or to refinance an

existing loan or existing obligations held under such section by

said Secretary on June 30, 1953).

-SOURCE-

(Sept. 1, 1951, ch. 378, title I, Sec. 104, 65 Stat. 295; June 30,

1953, ch. 170, Sec. 16, 67 Stat. 125; June 29, 1954, ch. 410, Sec.

3, 68 Stat. 320; Aug. 2, 1954, ch. 649, title I, Sec. 129, 68 Stat.

609; June 30, 1955, ch. 251, Sec. 2, 69 Stat. 225; Aug. 11, 1955,

ch. 783, title I, Sec. 105, 69 Stat. 637; Pub. L. 89-174, Sec.

5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The National Housing Act, referred to in text, is act June 27,

1934, ch. 847, 48 Stat. 1246, as amended. Title IX of the National

Housing Act is title IX of act June 27, 1934, ch. 847, as added by

act Sept. 1, 1951, ch. 378, title II, Sec. 201, 65 Stat. 295, which

is classified generally to subchapter X (Sec. 1750 et seq.) of

chapter 13 of Title 12, Banks and Banking. For complete

classification of this Act to the Code, see section 1701 of Title

12 and Tables.

Section 1701g-1 of title 12, referred to in text, has been

omitted from the Code.

-MISC1-

AMENDMENTS

1955 - Act Aug. 11, 1955, inserted item (iii) in cl. (a).

Act June 30, 1955, substituted "August 1, 1955" for "July 1,

1955" in two places in second sentence.

1954 - Act Aug. 2, 1954, gave President standby authority to use

mortgage insurance authority under title IX of the National Housing

Act and the provisions in subchapter IX of this chapter for Federal

aid in providing defense housing and community facilities and

services in critical defense areas, in substitution for provisions

under which authority for new projects under these two programs

would have expired on June 30, 1954, and authorized the Housing and

Home Finance Administrator to enter into amendatory agreements

after June 30, 1954, to provide additional Federal assistance with

respect to defense community facilities undertaken on or before

such date where he finds it necessary to do so to assure the

adequate completion of such facilities.

Act June 29, 1954, substituted "July 31, 1954" for "June 30,

1954" at beginning of second sentence.

1953 - Act June 30, 1953, inserted sentence prohibiting the

beginning of permanent housing construction under subchapter IX of

this chapter, after June 30, 1953; substituted "June 30, 1954" for

"June 30, 1953" at beginning of present second sentence and

"temporary housing" for "housing" in cl. (b) of present second

sentence; struck a former cl. (c) out of existing second sentence

which provided that (after June 30, 1953) no land might be acquired

by the Housing and Home Finance Administrator under subchapter X of

this chapter; and redesignated cl. (d) as (c).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1591d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS

-HEAD-

Sec. 1591d. Powers as cumulative and additional

-STATUTE-

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.

-SOURCE-

(Sept. 1, 1951, ch. 378, title VI, Sec. 618, 65 Stat. 317.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Sept. 1, 1951, ch. 378,

65 Stat. 293, as amended, known as the Defense Housing and

Community Facilities and Services Act of 1951. For complete

classification of this Act to the Code, see Short Title of 1951

Amendment note set out under section 1501 of this title and Tables.

-COD-

CODIFICATION

Section constitutes the first sentence of section 618 of act

Sept. 1, 1951. Remainder of section 618 is set out in Separability

note under section 1591 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY

FACILITIES AND SERVICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-MISC1-

REVOLVING FUND

Establishment of revolving fund under which to account for assets

and liabilities in connection with community facilities or defense

housing under sections 1592 to 1592o of this title, see section

1701g-5 of Title 12, Banks and Banking.

EXPIRATION DATE

For prohibition of construction of housing or community

facilities by United States under this subchapter, see section

1591c of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1591a, 1591b, 1591c of

this title; title 12 section 1701g-5.

-End-

-CITE-

42 USC Sec. 1592 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592. Authority of Secretary

-STATUTE-

Subject to the provisions and limitations of this subchapter and

subchapter VIII of this chapter, the Secretary of Housing and Urban

Development (hereinafter referred to as the "Secretary") is

authorized to provide housing in any areas (subject to the

provisions of section 1591 of this title) needed for defense

workers or military personnel or to extend assistance for the

provision of, or to provide, community facilities or services

required in connection with national defense activities in any area

which the President, pursuant to the authority contained in said

section, has determined to be a critical defense housing area.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 301, 65 Stat. 303; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1592a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592a. Construction of housing

-STATUTE-

(a) Types, sales, preferences in purchases, and payment

Consistent with other requirements of national defense, any

permanent housing constructed pursuant to the authority of this

subchapter shall consist of one- to four-family dwelling structures

(including row houses) so arranged that they may be offered for

separate sale. All housing of permanent construction which is

constructed or acquired under the authority of this subchapter

shall be sold as expeditiously as possible and in the public

interest taking into consideration the continuation of the need for

such housing by persons engaged in national defense activities. All

dwelling structures of permanent construction designed for

occupancy by not more than four families (including row houses)

shall be offered for sale, and preference in the purchase of any

such dwelling structure shall be granted to occupants and to

veterans over other prospective purchasers. As among veterans,

preference in the purchase of any such dwelling structure shall be

given to disabled veterans whose disability has been determined by

the Secretary of Veterans Affairs to be service-connected. All

dwelling structures of permanent construction in any housing

project which are designed for occupancy by more than four families

(and other structures in such project which are not sold

separately) shall be sold as an entity. On such sales first

preference shall be given for such period not less than ninety days

nor more than six months from the date of the initial offering of

such project as the Secretary of Housing and Urban Development may

determine, to groups of veterans organized on a mutual ownership or

cooperative basis (provided that any such group shall accept as a

member of its organization, on the same terms, subject to the same

conditions, and with the same privileges and responsibilities,

required of, and extended to, other members of the group any tenant

occupying a dwelling unit in such project, at any time during such

period as the Secretary of Housing and Urban Development shall deem

appropriate, starting on the date of the announcement by the

Secretary of Housing and Urban Development of the availability of

such project). The Secretary of Housing and Urban Development shall

provide an equitable method of selecting the purchasers when

preferred purchasers (or groups of preferred purchasers) in the

same preference class or containing members in the same preference

class compete with each other. Sales pursuant to this section shall

be for cash or credit, upon such terms as the Secretary of Housing

and Urban Development shall determine, and at the fair value of the

property as determined by the Secretary: Provided, That full

payment to the Government for the property sold shall be required

within a period of not exceeding twenty-five years with interest on

unpaid balances at not less than 4 per centum per annum.

(b) Temporary housing

Where it is necessary to provide housing under this subchapter in

locations where, in the determination of the Secretary of Housing

and Urban Development, there appears to be no need for such housing

beyond the period during which it is needed for housing persons

engaged in national defense activities, the provisions of section

1591a of this title shall not be applicable and temporary housing

which is of a mobile or portable character or which is otherwise

constructed so as to be available for reuse at other locations or

existing housing built or acquired by the United States under

authority of any other law shall be provided. Any temporary housing

constructed or acquired under this subchapter which the Secretary

of Housing and Urban Development determines to be no longer needed

for use under this subchapter shall, unless transferred to the

Department of Defense pursuant to section 1592e of this title, or

reported as excess to the Administrator of the General Services

Administration pursuant to the Federal Property and Administrative

Services Act of 1949, as amended,(!1) be sold as soon as

practicable to the highest responsible bidder after public

advertising, except that if one or more of such bidders is a

veteran purchasing a dwelling unit for his own occupancy the sale

of such unit shall be made to the highest responsible bidder who is

a veteran so purchasing: Provided, That the Secretary of Housing

and Urban Development may reject any bid for less than two-thirds

of the appraised value as determined by him: Provided further, That

the housing may be sold at fair value (as determined by the

Secretary of Housing and Urban Development) to a public body for

public use: And provided further, That the housing structures shall

be sold for removal from the site, except that they may be sold for

use on the site if the governing body of the locality has adopted a

resolution approving use of such structures on the site.

(c) Preference in admission to occupancy pending ultimate

disposition

When the Secretary of Housing and Urban Development determines

that any housing provided under this subchapter is no longer

required for persons engaged in national defense activities,

preference in admission to occupancy thereof shall be given to

veterans pending its ultimate sale or disposition in accordance

with the provisions of this subchapter. As among veterans,

preference in admission to occupancy shall be given to disabled

veterans whose disability has been determined by the Secretary of

Veterans Affairs to be service-connected.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 302, 65 Stat. 303; July

14, 1952, ch. 723, Sec. 5, 66 Stat. 602; Aug. 2, 1954, ch. 649,

title VIII, Sec. 806, 68 Stat. 645; Pub. L. 89-174, Sec. 5(a),

Sept. 9, 1965, 79 Stat. 669; Pub. L. 102-54, Sec. 13(q)(7)(A), June

13, 1991, 105 Stat. 281.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in subsec. (b), is act June 30, 1949, ch. 288,

63 Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-MISC1-

AMENDMENTS

1991 - Subsecs. (a), (c). Pub. L. 102-54 substituted "Secretary

of Veterans Affairs" for "Veterans' Administration".

1954 - Subsec. (b). Act Aug. 2, 1954, in second sentence,

substituted provisions prescribing the disposition procedure, for

former provisions that the housing should "be disposed of by the

Administrator not later than the date, and subject to the

conditions and requirements, hereafter prescribed by the Congress:

Provided, That nothing in this sentence shall be construed as

prohibiting the Administrator from removing any such housing by

demolition or otherwise prior to the enactment of such

legislation".

1952 - Subsec. (b). Act July 14, 1952, inserted "or existing

housing built or acquired by the United States under authority of

any other law" after "for reuse at other locations".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1592b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592b. Maximum construction costs; determinations by Secretary

in certain condemnation proceedings

-STATUTE-

The cost per family dwelling unit for any housing project

constructed under the authority of this subchapter shall not exceed

an average of $9,000 for two-bedroom units in such project, $10,000

for three-bedroom units in such project, and $11,000 for

four-bedroom units in such project: Provided, That the Secretary of

Housing and Urban Development may increase any such dollar

limitation by not exceeding $1,000 in any geographical area where

he finds that cost levels so require: Provided further, That in the

Territories and possessions of the United States the Secretary of

Housing and Urban Development may increase any such dollar

limitation by 50 per centum: And provided further, That for the

purposes of this section the cost of any land acquired by the

Secretary of Housing and Urban Development upon the filing of a

declaration of taking in proceedings for the condemnation of fee

title shall be considered to be the amount determined by the

Secretary of Housing and Urban Development upon the basis of

competent appraisal, to be the value thereof.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 303, 65 Stat. 305; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1592c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592c. Loans or grants for community facilities or services;

conditions; maximum amounts; annual adjustments

-STATUTE-

In furtherance of the purposes of this subchapter and subject to

the provisions hereof, the Secretary of Housing and Urban

Development may make loans or grants, or other payments, to public

and nonprofit agencies for the provision, or for the operation and

maintenance, of community facilities and equipment therefor, or for

the provision of community services, upon such terms and in such

amounts as the Secretary of Housing and Urban Development may

consider to be in the public interest: Provided, That grants under

this subchapter to any local agency for hospital construction may

be made only after such action by the local agency to secure

assistance under Public Law 725, Seventy-ninth Congress, approved

August 13, 1946, as amended, or Public Law 380, Eighty-first

Congress, approved October 25, 1949, as is determined to be

reasonable under the circumstances, and only to the extent that the

required assistance is not available to such local agency under

said Public Law 725, or said Public Law 380, as the case may be:

Provided further, That grants or payments for the provision, or for

the maintenance and operation, of community facilities or services

under this section shall not exceed the portion of the cost of the

provision, or the maintenance and operation, of such facilities or

services which the Secretary of Housing and Urban Development

estimates to be attributable to the national defense activities in

the area and not to be recovered by the public or nonprofit agency

from other sources, including payments by the United States under

any other provisions of this Act or any other law: And provided

further, That any such continuing grant or payment shall be

reexamined and adjusted annually upon the basis of the ability of

the agency to bear a greater portion of the cost of such

maintenance, operation, or services as a result of increased

revenues made possible by such facility or by such defense

activities.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 304, 65 Stat. 305; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 725, Seventy-ninth Congress, approved Aug. 13, 1946,

as amended, referred to in text, means act Aug. 13, 1946, ch. 958,

60 Stat. 1041, as amended, known as the Hospital Survey and

Construction Act. For complete classification of this Act to the

Code, see Tables.

Public Law 380, Eighty-first Congress, approved Oct. 25, 1949,

referred to in text, means act Oct. 25, 1949, ch. 722, 63 Stat.

898, known as the Hospital Survey and Construction Amendments of

1949, which amended sections 291, 291d, 291f, 291g, 291h, 291i,

291j, 291n, and enacted provisions set out as notes under section

291 of this title. For complete classification of this Act to the

Code, see Tables.

This Act, referred to in text, means act Sept. 1, 1951, ch. 378,

65 Stat. 293, as amended, known as the Defense Housing and

Community Facilities and Services Act of 1951. For complete

classification of this Act to the Code, see Short Title of 1951

Amendment note set out under section 1501 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-MISC1-

HOSPITAL CONSTRUCTION; REVIVAL AND EXTENSION OF LOAN AND GRANT

AUTHORITY; EXPIRATION DATE; APPROPRIATION

Act Aug. 7, 1956, ch. 1029, Sec. 605, 70 Stat. 1114, as amended

by Pub. L. 86-372, title VIII, Sec. 804, Sept. 23, 1959, 73 Stat.

687; Pub. L. 87-70, title IX, Sec. 906, June 30, 1961, 75 Stat.

191, provided that notwithstanding section 1591c of this title, the

authority under this section to make loans or grants, or other

payments to public and non-profit agencies for the construction of

hospitals was revived and extended with respect to public and

nonprofit agencies which had, prior to June 30, 1953, applied under

this section, for such loans or grants, or other payments for the

construction of hospitals, and had been denied such loans or

grants, or other payments solely because of the unavailability of

funds for such purpose, provided that the authority granted by this

section was to expire June 30, 1962, and authorized appropriations

for fiscal years ending June 30, 1962.

-End-

-CITE-

42 USC Sec. 1592d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592d. Secretary's powers with respect to housing, facilities,

and services

-STATUTE-

(a) Planning, acquisition, construction, etc.

With respect to any housing or community facilities or services

which the Secretary of Housing and Urban Development is authorized

to provide, or any property which he is authorized to acquire,

under this Act, the Secretary of Housing and Urban Development is

authorized by contract or otherwise (without regard to section 5 of

title 41, section 322 of the Act of June 30, 1932 (47 Stat. 412),

as amended,(!1) the Federal Property and Administrative Services

Act of 1949, as amended,(!1) and prior to the approval of the

Attorney General) to make plans, surveys, and investigations; to

acquire (by purchase, donation, condemnation or otherwise),

construct, erect, extend, remodel, operate, rent, lease, exchange,

repair, deal with, insure, maintain, convey, sell for cash or

credit, demolish, or otherwise dispose of any property, land,

improvement, or interest therein; to provide approaches, utilities,

and transportation facilities; to procure necessary materials,

supplies, articles, equipment, and machinery; to make advance

payments for leased property; to pursue to final disposition by way

of compromise or otherwise, claims both for and against the United

States (exclusive of claims in excess of $5,000 arising out of

contracts for construction, repairs, and the purchase of supplies

and materials, and claims involving administrative expenses) which

are not in litigation and which have not been referred to the

Department of Justice; and to convey without cost to States and

political subdivisions and instrumentalities thereof property for

streets and other public thoroughfares and easements for public

purposes: Provided, That any instrument executed by the Secretary

of Housing and Urban Development and purporting to convey any

right, title or interest in any property acquired pursuant to this

subchapter or subchapter X of this chapter shall be conclusive

evidence of compliance with the provisions thereof insofar as title

or other interest of any bona fide purchasers, lessees or

transferees of such property is concerned. Notwithstanding any

provisions of this Act, housing or community facilities constructed

by the United States pursuant to the authority contained herein

shall conform to the requirements of State and local laws,

ordinances, rules, or regulations relating to health and

sanitation, and, to the maximum extent practicable, taking into

consideration the availability of materials and the requirements of

national defense, any housing or community facilities, except

housing or community facilities of a temporary character,

constructed by the United States pursuant to the authority

contained herein shall conform to the requirements of State or

local laws, ordinances, rules, or regulations relating to building

codes.

(b) Condemnation

Before condemnation proceedings are instituted pursuant to this

subchapter or subchapter X of this chapter 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 of

Housing and Urban Development, such delay in acquiring the property

as to be contrary to the interest of national defense. In any

condemnation proceeding instituted pursuant to this subchapter or

subchapter X of this chapter, 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

section 3114(a) to (d) of title 40, providing for such

declarations. Unless title is in dispute, the court, 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.

(c) Return to original owner in certain cases

If any real property acquired under this subchapter or subchapter

X of this chapter is retained after June 30, 1954, without having

been used for the purposes of this Act, the Secretary of Housing

and Urban Development shall, if the original owner desires the

property and pays the fair value thereof, return such property to

the owner. In the event the Secretary of Housing and Urban

Development and the original owner do not agree as to the fair

value of the property, the fair value shall be determined by three

appraisers, one of whom shall be chosen by the Secretary of Housing

and Urban Development, one by the original owner, and the third by

the first two appraisers; the expenses of such determination shall

be paid in equal shares by the Government and the original owner.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 305, 65 Stat. 305; June

30, 1953, ch. 170, Sec. 17, 67 Stat. 125; Pub. L. 89-174, Sec.

5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L. 97-214, Sec. 10(b)(1),

July 12, 1982, 96 Stat. 175.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (c), means act Sept. 1,

1951, ch. 378, 65 Stat. 293, as amended, known as the Defense

Housing and Community Facilities and Services Act of 1951. For

complete classification of this Act to the Code, see Short Title of

1951 Amendment note set out under section 1501 of this title and

Tables.

Section 322 of the Act of June 30, 1932, referred to in subsec.

(a), is section 322 of act June 30, 1932, ch. 314, 47 Stat. 412,

which was classified to section 278a of former Title 40, Public

Buildings, Property, and Works, and was repealed by Pub. L.

100-678, Sec. 7, Nov. 17, 1988, 102 Stat. 4052.

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,

63 Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

Subchapter X of this chapter, referred to in subsecs. (a), (b),

and (c), was in the original, title IV of this Act, meaning title

IV of act Sept. 1, 1951, ch. 378, 65 Stat. 310, as amended, which

enacted sections 1593 to 1593d of this title and was repealed by

act June 30, 1953, ch. 170, Sec. 19, 67 Stat. 126.

-COD-

CODIFICATION

In subsec. (b), "section 3114(a) to (d) of title 40" substituted

for "the first section of the Act of February 26, 1931 (46 Stat.

1421)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC1-

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-214 struck out reference to

section 1136 of the Revised Statutes, which had been enacted as

sections 4774 and 9774 of title 10 by act Aug. 10, 1956, ch. 1041,

as amended by Pub. L. 93-166, Sec. 509(c), (e), Nov. 29, 1973, 87

Stat. 677, 678.

1953 - Subsec. (c). Act June 30, 1953, substituted "June 30,

1954" for "June 30, 1953".

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and

applicable to military construction projects, and to construction

and acquisition of military family housing before, on, or after

such date, see section 12(a) of Pub. L. 97-214, set out as an

Effective Date note under section 2801 of Title 10, Armed Forces.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1592e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592e. Interagency transfers of property; application of rules

and regulations

-STATUTE-

Any Federal agency may, upon request of the Secretary of Housing

and Urban Development, transfer to his jurisdiction without

reimbursement any lands, improved or unimproved, or other property

real or personal, considered by the Secretary of Housing and Urban

Development to be needed or useful for housing or community

facilities, or both, to be provided under this subchapter, and the

Secretary of Housing and Urban Development is authorized to accept

any such transfers. The Secretary of Housing and Urban Development

may also utilize any other real or personal property under his

jurisdiction for the purpose of this subchapter without adjustment

of the appropriations or funds involved. Any property so

transferred or utilized, and any funds in connection therewith,

shall be subject only to the authorizations and limitations of this

subchapter. The Secretary of Housing and Urban Development may, in

his discretion, upon request of the Secretary of Defense or his

designee, transfer to the jurisdiction of the Department of Defense

without reimbursement any land, improvements, housing, or community

facilities constructed or acquired under the provisions of this

subchapter and considered by the Department of Defense to be

required for the purposes of the said Department. Upon the transfer

of any such property to the jurisdiction of the Department of

Defense, the laws, rules, and regulations relating to property of

the Department of Defense shall be applicable to the property so

transferred, and the provisions of this subchapter and the rules

and regulations issued thereunder shall no longer apply.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 306, 65 Stat. 306; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1592a of this title.

-End-

-CITE-

42 USC Sec. 1592f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592f. Preservation of local civil and criminal jurisdiction,

and civil rights; jurisdiction of State courts

-STATUTE-

Notwithstanding any other provisions of law, the acquisition by

the United States of any real property pursuant to this subchapter

or subchapter X of this chapter shall not deprive any State or

political subdivision thereof of its civil or criminal jurisdiction

in and over such property, or impair the civil or other rights

under the State or local law of the inhabitants of such property.

Any proceedings by the United States for the recovery of possession

of any property or project acquired, developed, or constructed

under this subchapter or subchapter X of this chapter may be

brought in the courts of the States having jurisdiction of such

causes.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 307, 65 Stat. 307.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter X of this chapter, referred to in text, was in the

original "title IV of this Act", meaning title IV of act Sept. 1,

1951, ch. 378, 65 Stat. 310, as amended, which enacted sections

1593 to 1593d of this title and was repealed by act June 30, 1953,

ch. 170, Sec. 19, 67 Stat. 126.

-End-

-CITE-

42 USC Sec. 1592g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592g. Payment of annual sums to local authorities in lieu of

taxes

-STATUTE-

The Secretary of Housing and Urban Development shall pay from

rentals annual sums in lieu of taxes and special assessments to any

State and/or political subdivision thereof, with respect to any

real property, including improvements thereon, acquired and held by

the Secretary under this subchapter for residential purposes (or

for commercial purposes incidental thereto), whether or not such

property is or has been held in the exclusive jurisdiction of the

United States. The amount so paid for any year upon such property

shall approximate the taxes and special assessments which would be

paid to the State and/or subdivision, as the case may be, upon such

property if it were not exempt from taxation and special

assessments, with such allowance as may be considered by the

Secretary to be appropriate for expenditures by the Federal

Government for the provision or maintenance of streets, utilities,

or other public services to serve such property.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 308, 65 Stat. 307; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1592h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592h. Conditions and requirements as to contracts;

utilization of existing facilities; disposition of facilities

constructed by United States

-STATUTE-

In carrying out this subchapter -

(a) notwithstanding any other provisions of this subchapter, so

far as is consistent with emergency needs, contracts shall be

subject to section 5 of title 41;

(b) the cost-plus-a-percentage-of-cost system of contracting

shall not be used, but contracts may be made on a

cost-plus-a-fixed-fee basis: Provided, That the fixed fee shall

not exceed 6 per centum of the estimated cost;

(c) wherever practicable, existing private and public community

facilities shall be utilized or such facilities shall be

extended, enlarged, or equipped in lieu of constructing new

facilities; and

(d) all right, title, and interest of the United States in and

to any community facilities constructed by the United States

pursuant to the authority contained in this subchapter shall (if

such agency is willing to accept such facility and operate the

same for the purpose for which it was constructed) be disposed of

to the appropriate State, city, or other local agency having

responsibility for such type of facility in the area not later

than one year after June 30, 1953, and subject to the conditions

and requirements hereafter prescribed by the Congress.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 309, 65 Stat. 307.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1592m of this title.

-End-

-CITE-

42 USC Sec. 1592i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592i. Laborers and mechanics

-STATUTE-

(a) Wages; overtime

Notwithstanding any other provision of law, the wages of every

laborer and mechanic employed on any construction, maintenance,

repair, or demolition work authorized by this subchapter shall be

computed on a basic day rate of eight hours per day and work in

excess of eight hours per day shall be permitted upon compensation

for all hours worked in excess of eight hours per day at not less

than one and one-half times the basic rate of pay.

(b) Applicability of other laws

The provisions of sections 3141-3144, 3146, and 3147 of title 40;

of section 874 of title 18; and of section 3145 of title 40, shall

apply in accordance with their terms to work pursuant to this

subchapter.

(c) Stipulations in loan contracts as to wages; certification

Any contract for loan or grant, or both, pursuant to this

subchapter shall contain a provision requiring that not less than

the wages prevailing in the locality, as predetermined by the

Secretary of Labor pursuant to sections 3141-3144, 3146, and 3147

of title 40, shall be paid to all laborers and mechanics employed

in the construction of the project at the site thereof; and the

Secretary of Housing and Urban Development shall require

certification as to compliance with the provisions of this

subsection prior to making any payment under such contract.

(d) Reports by contractors and subcontractors to Secretary of Labor

Any contractor engaged in the development of any project financed

in whole or in part with funds made available pursuant to this

subchapter shall report monthly to the Secretary of Labor, and

shall cause all subcontractors to report in like manner, within

five days after the close of each month and on forms to be

furnished by the United States Department of Labor, as to the

number of persons on their respective payrolls on the particular

project, the aggregate amount of such payrolls, the total man-hours

worked, and itemized expenditures for materials. Any such

contractor shall furnish to the Department of Labor the names and

addresses of all subcontractors on the work at the earliest date

practicable.

(e) Prescription of standards, regulations, and procedures by

Secretary of Labor

The Secretary of Labor shall prescribe appropriate standards,

regulations, and procedures, which shall be observed by the

Secretary of Housing and Urban Development in carrying out the

provisions of this subchapter (and cause to be made by the

Department of Labor such investigations) with respect to compliance

with and enforcement of the labor standards provisions of this

section, as the Secretary deems desirable.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 310, 65 Stat. 307; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-COD-

CODIFICATION

In subsec. (b), "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Davis-Bacon Act (49 Stat. 1011), as amended"

and "section 3145 of title 40" substituted for "title 40, United

States Code, section 276c", and, in subsec. (c), "sections

3141-3144, 3146, and 3147 of title 40" substituted for "the

Davis-Bacon Act, as amended", on authority of Pub. L. 107-217, Sec.

5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which

enacted Title 40, Public Buildings, Property, and Works.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1592j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592j. Disposition of moneys derived from rentals, operation,

and disposition of property

-STATUTE-

Moneys derived from rentals, operation, or disposition of

property acquired or constructed under the provisions of this

subchapter shall be available for expenses of operation,

maintenance, improvement, and disposition of any such property,

including the establishment of necessary reserves therefor and

administrative expenses in connection therewith: Provided, That

such moneys derived from rentals, operation, or disposition may be

deposited in a common fund account or accounts in the Treasury: And

provided further, That the moneys in such common fund account or

accounts shall not exceed $5,000,000 at any time, and all moneys in

excess of such amount shall be covered into miscellaneous receipts.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 311, 65 Stat. 308.)

-End-

-CITE-

42 USC Sec. 1592k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592k. Determination of fair rentals and classes of occupants

by Secretary

-STATUTE-

The Secretary of Housing and Urban Development shall fix fair

rentals based on the value thereof as determined by the Secretary

which shall be charged for housing accommodations operated under

this subchapter and may prescribe the class or classes of persons

who may occupy such accommodations, preferences, or priorities in

the rental thereof, and the terms, conditions, and period of such

occupancy.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 312, 65 Stat. 308; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC Sec. 1592l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592l. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated -

(a) such sums, not exceeding $100,000,000, as may be necessary

for carrying out the provisions and purposes of this subchapter

relating to community facilities and services in critical defense

housing areas; and

(b) such sums, not exceeding $100,000,000, as may be necessary

for carrying out the provisions and purposes of this subchapter

relating to housing in critical defense housing areas.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 313, 65 Stat. 308; July

14, 1952, ch. 723, Sec. 4, 66 Stat. 602.)

-MISC1-

AMENDMENTS

1952 - Act July 14, 1952, increased appropriation authorization

in subsec. (a) from $60,000,000 to $100,000,000 and in subsec. (b)

from $50,000,000 to $100,000,000.

-End-

-CITE-

42 USC Sec. 1592m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592m. Transfer of functions and funds in certain cases

-STATUTE-

Subject to all of the limitations and restrictions of this Act,

including, specifically, the requirements of subsection (c) of

section 1591b of this title and of subsections (c) and (d) of

section 1592h of this title, where any other officer, department,

or agency is performing, or, in the determination of the President,

has facilities adapted to the performance of, functions, powers and

duties similar, or directly related, to any of the functions,

powers and duties which the Secretary of Housing and Urban

Development is authorized by this subchapter to perform with

respect to the construction, maintenance or operation of community

facilities for recreation, and daycare centers, or the provision of

community services, the President may transfer to such other

officer, department, or agency any of the functions, powers, and

duties authorized by this subchapter to be performed with respect

thereto if he finds that such transfer will assist the furtherance

of national defense activities, and upon any such transfer, funds

in such amount as the Director of the Office of Management and

Budget shall determine, but in no event in excess of the balance of

any moneys appropriated to the Secretary of Housing and Urban

Development pursuant to the authorization therefor contained in

this subchapter for the performance of the transferred functions,

powers, and duties, may also be transferred by the President to

such other officer, department, or agency: Provided, That the

President, by Executive Order or otherwise, may prescribe or direct

the manner in which any functions, powers, and duties, which the

Secretary of Housing and Urban Development is authorized by this

subchapter to perform with respect to assistance for the

construction, or the construction of, any community facilities,

shall be administered in coordination with other officers,

departments, or agencies having functions or activities related

thereto.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 314, 65 Stat. 308; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669; 1970 Reorg. Plan

No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Sept. 1, 1951, ch. 378,

65 Stat. 293, as amended, known as the Defense Housing and

Community Facilities and Services Act of 1951. For complete

classification of this Act to the Code, see Short Title of 1951

Amendment set out as a note under section 1501 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President of United States by section 101 of Reorg. Plan. No. 2, of

1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in

the Appendix to Title 5, Government Organization and Employees.

Section 102 of Reorg. Plan No. 2, of 1970, redesignated Bureau of

the Budget as Office of Management and Budget.

-EXEC-

EX. ORD. NO. 10296. PERFORMANCE OF DEFENSE HOUSING FUNCTIONS

Ex. Ord. No. 10296, Oct. 2, 1951, 16 F.R. 10103, as amended by

Ex. Ord. No. 10461, June 17, 1953, 18 F.R. 3513; Ex. Ord. No.

10593, Jan. 27, 1955, 20 F.R. 599; Ex. Ord. No. 10773, July 1,

1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R.

6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord.

No. 12148, July 20, 1979, 44 F.R. 43239, provided:

1. [Revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239.]

2. [Revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239.]

3. The Housing and Home Finance Administrator is hereby

designated and empowered to perform, without the approval,

ratification, or other action of the President, the function vested

in the President by section 102(b) of the Act [section 1591a(b) of

this title], relative to the suspension and relaxation of

residential credit restrictions under the Defense Production Act of

1950, as amended [50 App. Secs. 2061 to 2166].

4. Except, as provided in paragraph 5 hereof, the functions

authorized by Title III of the Act [sections 1592 to 1592o of this

title] to be performed with respect to or in furtherance of the

provision, maintenance, or operation of community facilities for,

and with respect to or in furtherance of the provision of community

services for, recreation and child day-care centers are hereby

transferred to the Federal Security Administrator and shall be

performed by him or by such officers and units of the Federal

Security Agency as he may determine.

5. There are hereby excluded from the transfers effected by

paragraph 4 hereof (a) functions with respect to site selection and

land acquisition for, and the construction (including the letting

of construction contracts, the preparation and approval of plans

and specifications, and the supervision of construction work and of

expenditures therefor) of, projects approved by the Federal

Security Administrator, whether such construction is performed on

behalf of, or is aided by, the Federal Government, (b) the

servicing of loans for the construction of projects so approved,

and (c) the functions under the second and third provisos of

section 304 of the Act [section 1592c of this title] and those

under sections 103(a) and 103(b) of the Act [sections 1591b(a) and

(b) of this title]: Provided, that (1), the Federal Security

Administrator or his delegate shall determine the general layout,

size, and special design features appropriate to the particular

type of facility, and (2) that final plans and specifications shall

conform to such determinations.

6. In the performance of functions with respect to roads and

highways under the Act, the Housing and Home Finance Administrator

shall from time to time consult with the Secretary of Commerce or

his representative as to the relationship of road and highway

projects under the said Act to road and highway programs under the

jurisdiction of the said Secretary.

7. In the performance of functions under Title III of the Act

[sections 1592 to 1592o of this title] in Territories there shall

be consultation with the Secretary of the Interior or his

representative as to the relationship of proposed facilities and

services in Territories to Territorial programs of the Department

of the Interior.

8. The Housing and Home Finance Administrator, in connection with

the performance of the pertinent functions vested in him by Title

III of the Act [sections 1592 to 1592o of this title], shall obtain

the approval of the Surgeon General of the Public Health Service or

his representative with respect to the public health aspects of

sources of water supply developed, utilized, or aided by the said

Administrator, and shall consult with the Surgeon General or his

representative with respect to the public health aspects of water

distribution systems and sewerage systems constructed or aided by

the Administrator.

9. Subject to the consent of the Housing and Home Finance

Administrator, the Surgeon General of the Public Health Service

shall utilize the facilities and services of the Housing and Home

Finance Agency for the performance of the following aspects of the

functions conferred upon him by section 316 of the Act [section

1592o of this title]: (a) the construction by the Federal

Government of projects approved by the Surgeon General (including

the letting of construction contracts, the preparation or review of

plans and specifications, and the supervision of construction work

and expenditures therefor), (b) land acquisition for projects to be

so constructed, and (c) the obtaining of information required for

the purpose of, and the furnishing of recommendations with respect

to, (i) the findings provided for in sections 103(a) and 103(b) of

the Act [sections 1591b(a) and (b) of this title], and (ii) the

actions provided for in the second and third provisos of section

304 of the Act [section 1592c of this title]. The Surgeon General

shall pay the Housing and Home Finance Agency for such utilization,

either in advance or otherwise, out of funds available to him for

the performance of such functions.

10. Subject to the consent of the Federal Security Administrator,

the Housing and Home Finance Administrator shall utilize the

facilities and services of the Federal Security Agency in

connection with the providing of library facilities under Title III

of the Act [sections 1592 to 1592o of this title] in such manner

that the division of work with respect to library facilities as

between the Housing and Home Finance Administrator and the Federal

Security Administrator will be the same as that with respect to

recreation and child day-care center facilities as indicated in

paragraphs 4 and 5 of this order. The Housing and Home Finance

Administrator shall pay the Federal Security Administrator for such

utilization, either in advance or otherwise, out of funds available

to the Housing and Home Finance Administrator for the performance

of the functions involved.

11. Paragraphs 9 and 10 shall not be construed as a limitation

upon the Surgeon General or the Housing and Home Finance

Administrator, as the case may be, with respect to utilization or

delegation other than that referred to in such paragraphs and not

inconsistent with the provisions of such paragraphs, respectively,

or as divesting either the Surgeon General or the Administrator of

any function conferred upon him by the Act.

12. As used in this order the term "functions" embraces duties,

powers, responsibilities, authority, or discretion, and the term

"perform" may be construed to mean "exercise".

-End-

-CITE-

42 USC Sec. 1592n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592n. Definitions

-STATUTE-

As used in this subchapter, the following terms shall have the

meanings respectively ascribed to them below, and, unless the

context clearly indicates otherwise, shall include the plural as

well as the singular number:

(a) "State" shall mean the several States, the District of

Columbia, and Territories, and possessions of the United States.

(b) "Federal agency" shall mean any executive department or

officer (including the President), independent establishment,

commission, board, bureau, division, or office in the executive

branch of the United States Government, or other agency of the

United States, including corporations in which the United States

owns all or a majority of the stock, directly or indirectly.

(c) "Community facility" shall mean waterworks, sewers, sewage,

garbage and refuse disposal facilities, police and fire protection

facilities, public sanitary facilities, works for treatment and

purification of water, libraries, hospitals and other places for

the care of the sick, recreational facilities, streets and roads,

and day-care centers.

(d) "Community service" shall mean the maintenance and operation

of facilities for health, refuse disposal, sewage treatment,

recreation, water purification, and day-care centers, and the

provision of fire-protection.

(e) "National defense" shall mean (1) the operations and

activities of the armed forces, the Atomic Energy Commission, or

any other Government department or agency directly or indirectly

and substantially concerned with the national defense, (2) other

operations and activities directly or indirectly and substantially

concerned with the operations and activities of the armed forces

and the Atomic Energy Commission, (3) activities in connection with

the Mutual Defense Assistance Act of 1949, as amended, or (4) the

provision of community facilities or services necessary to the

health, safety, or public welfare of the inhabitants of a town or

community which has been relocated as a result of the acquisition

(through eminent domain or purchase in lieu thereof) of its former

site by or on behalf of the Atomic Energy Commission for

national-defense activities.

(f) "Nonprofit agency" shall mean any agency no part of the net

earnings of which inures to the benefit of any private stockholder

or individual.

(g) "Project" shall mean housing or community facilities

acquired, developed, or constructed with financial assistance

pursuant to this subchapter.

(h) "Veteran" shall mean a person, or the family of a person, who

has served in the active military or naval service of the United

States at any time (i) on or after September 16, 1940, and prior to

July 26, 1947, (ii) on or after April 6, 1917, and prior to

November 11, 1918, or (iii) on or after June 27, 1950, and prior to

such date thereafter as shall be determined by the President, and

who shall have been discharged or released therefrom under

conditions other than dishonorable or who shall be still serving

therein. The term shall also include the family of a person who

served in the active military or naval service of the United States

within any such period and who shall have died of causes determined

by the Secretary of Veterans Affairs to have been

service-connected.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 315, 65 Stat. 309; June

30, 1953, ch. 170, Sec. 18, 67 Stat. 126; Pub. L. 102-54, Sec.

13(q)(7)(B), June 13, 1991, 105 Stat. 281.)

-REFTEXT-

REFERENCES IN TEXT

The Mutual Defense Assistance Act of 1949, referred to in subsec.

(e), is act Oct. 6, 1949, ch. 626, 63 Stat. 714, as amended, which

was classified generally to chapter 20 (Sec. 1571 et seq.) of Title

22, Foreign Relations and Intercourse, prior to its repeal by act

Aug. 26, 1954, ch. 937, title V, Sec. 542(a)(5), (9) to (11), 68

Stat. 861. For complete classification of this Act to the Code, see

Tables.

-MISC1-

AMENDMENTS

1991 - Subsec. (h). Pub. L. 102-54 substituted "Secretary of

Veterans Affairs" for "Veterans' Administration".

1953 - Subsec. (e)(4). Act June 30, 1953, added cl. (4).

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See, also, Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 1592o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

-HEAD-

Sec. 1592o. Powers of Surgeon General of Public Health Service

-STATUTE-

Notwithstanding any other provision of this subchapter, all

functions, powers, and duties under this subchapter and section

1591b of this title with respect to health, refuse disposal, sewage

treatment, and water purification shall be exercised by and vested

in the Surgeon General of the Public Health Service: Provided, That

the Surgeon General shall have power to delegate to any other

Federal agency functions, powers, and duties with respect to

construction.

-SOURCE-

(Sept. 1, 1951, ch. 378, title III, Sec. 316, 65 Stat. 310.)

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of 1966 Reorg.

Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of 1966 Reorg. Plan. No. 3, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC SUBCHAPTER X - DEVELOPMENT SITES FOR ISOLATED

DEFENSE INSTALLATIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER X - DEVELOPMENT SITES FOR ISOLATED DEFENSE INSTALLATIONS

-HEAD-

SUBCHAPTER X - DEVELOPMENT SITES FOR ISOLATED DEFENSE INSTALLATIONS

-MISC1-

EXPIRATION DATE

For expiration of authority of Housing and Home Administrator to

act under this subchapter, see section 1591c of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1592d, 1592f of this

title.

-End-

-CITE-

42 USC Secs. 1593 to 1593d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER X - DEVELOPMENT SITES FOR ISOLATED DEFENSE INSTALLATIONS

-HEAD-

Secs. 1593 to 1593d. Repealed. June 30, 1953, ch. 170, Sec. 19, 67

Stat. 126

-MISC1-

Section 1593, acts Sept. 1, 1951, ch. 378, title IV, Sec. 401, 65

Stat. 310; July 14, 1952, ch. 723, Sec. 10(d), 66 Stat. 604,

related to acquisition of land for housing and community

facilities.

Section 1593a, act Sept. 1, 1951, ch. 378, title IV, Sec. 402, 65

Stat. 310, related to acquisition of land for defense

installations.

Section 1593b, act Sept. 1, 1951, ch. 378, title IV, Sec. 403, 65

Stat. 311, related to payment of annual sums to local authorities

in lieu of taxes.

Section 1593c, act Sept. 1, 1951, ch. 378, title IV, Sec. 404, 65

Stat. 311, related to use of Treasury moneys.

Section 1593d, act Sept. 1, 1951, ch. 378, title IV, Sec. 405, 65

Stat. 311, related to acquisition of land for privately financed

defense housing.

-End-

-CITE-

42 USC Sec. 1593e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER X - DEVELOPMENT SITES FOR ISOLATED DEFENSE INSTALLATIONS

-HEAD-

Sec. 1593e. Housing of persons displaced by acquisition of property

for defense installations or industries

-STATUTE-

Upon a finding by the Secretary of Housing and Urban Development

that the acquisition of any real property for a defense

installation or industry has resulted, or will result, in the

displacement of persons from their homes on such property, he may

(notwithstanding any other provision of this or any other law)

issue regulations pursuant to which such persons may be permitted

to occupy or purchase housing for which credit restrictions

established pursuant to the Defense Production Act of 1950 [50 App.

U.S.C. 2061 et seq.] have been relaxed or housing which has been

provided or assisted under the provisions of this Act (including

amendments to other Acts provided herein), subject to any

conditions or requirements that he determines necessary for

purposes of national defense.

-SOURCE-

(Sept. 1, 1951, ch. 378, title VI, Sec. 611, 65 Stat. 316; Pub. L.

89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Production Act of 1950, referred to in text, is act

Sept. 8, 1950, ch. 932, 64 Stat. 798, as amended, which is

classified to section 2061 et seq. of Title 50, Appendix, War and

National Defense. For complete classification of this Act to the

Code, see section 2061 of Title 50, Appendix, and Tables.

This Act and herein, referred to in text, mean act Sept. 1, 1951,

ch. 378, 65 Stat. 293, as amended, known as the Defense Housing and

Community Facilities and Services Act of 1951. For complete

classification of this Act to the Code, see Short Title of 1951

Amendment note set out under section 1501 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1581 of this title.

-End-

-CITE-

42 USC SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-End-

-CITE-

42 USC Sec. 1594 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Sec. 1594. Contracts for construction

-STATUTE-

(a) Contract provisions; competitive bids

The Secretary of Defense or his designee is authorized to enter

into contracts with any eligible bidder to provide for the

construction of urgently needed housing on lands owned or leased by

the United States and situated on or near a military reservation or

installation for the purpose of providing suitable living

accommodations for military personnel of the armed services

assigned to duty at the military installation at or in the area

where the housing is situated. Any such contract shall provide that

each housing unit in the project shall be placed under the control

of the Secretary of Defense, or his designee, as soon as the unit

is available for occupancy as determined by the Secretary of

Housing and Urban Development. Any such contract shall also provide

that, except for stock held by the Secretary of Housing and Urban

Development, the capital stock of the mortgagor (where the

mortgagor is a corporation) be transferred to the Secretary of

Defense, or his designee, when the housing has been completed as

determined by the Secretary of Housing and Urban Development. Any

such contract shall contain such terms and conditions as the

Secretary of Defense may determine to be necessary to protect the

interests of the United States. Any such contract shall provide for

the furnishing by the contractor of a performance bond and a

payment bond with a surety or sureties satisfactory to the

Secretary of Defense, or his designee, and the furnishing of such

bonds shall be deemed a sufficient compliance with the provisions

of section 3131 of title 40, and no additional bonds shall be

required under such section. Before the Secretary of Defense shall

enter into any contract as authorized by this section for the

construction of housing, he shall invite the submission of

competitive bids after advertising in the manner prescribed in

section 2305 of title 10.

(b) "Eligible bidder" defined

For the purposes of this subchapter, the term "eligible bidder"

means a person, partnership, firm, or corporation determined by the

Secretary of Defense after consultation with the Secretary of

Housing and Urban Development (1) to be qualified by experience and

financial responsibility to construct housing of the type described

in subsection (a) of this section, and (2) to have submitted the

lowest acceptable bid.

(c) Acquisition of capital stock of property covered by mortgage

Notwithstanding any other provision of law, the Secretary of

Defense or his designee is authorized to acquire the capital stock

of mortgagors holding property covered by a mortgage insured under

title VIII of the National Housing Act as amended by the Housing

Amendments of 1955 [12 U.S.C. 1748 et seq.], 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 Secretary of Housing and Urban

Development 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 subchapter shall be deemed to be

housing facilities under the jurisdiction of the military

department to which they are assigned.

(d) Opinion as to title to property; guarantee; title search and

title insurance

On request by the Secretary of Defense, the Attorney General

shall furnish to the Secretary of Defense, or his designee, an

opinion as to the sufficiency of title to any property on which it

is proposed to construct housing, or on which housing has been

constructed, under this section. If the opinion of the Attorney

General is that the title to any such property is good and

sufficient, the Secretary of Defense is authorized to guarantee, or

enter into a commitment to guarantee, the mortgagee, under a

mortgage on such property which is insured under title VIII of the

National Housing Act [12 U.S.C. 1748 et seq.], against any losses

that may thereafter arise from adverse claims to title. None of the

proceeds of any mortgage loan hereafter insured under such title

VIII shall be used for title search and title insurance costs:

Provided, That if the Secretary of Defense, or his designee,

determines in the case of any housing project, that the financing

of the construction of such project is impossible unless title

insurance is provided, the Secretary of Defense may provide for the

payment of the reasonable costs necessary for obtaining title

search and title insurance. Any payments by the Secretary of

Defense hereunder shall be made from the revolving fund established

under section 1594a(g) (!1) of this title. Any determination by the

Secretary of Defense under the foregoing proviso shall be set forth

in writing, together with the reasons therefor. The Committees on

Armed Services of the Senate and House of Representatives shall be

promptly notified of each such determination, and of the amount of

any payment made by the Secretary of Defense for title search and

title insurance costs.

-SOURCE-

(Aug. 11, 1955, ch. 783, title IV, Sec. 403, 69 Stat. 651; Aug. 7,

1956, ch. 1029, title V, Secs. 506(b)-(d), 507, 70 Stat. 1110; Pub.

L. 86-149, title IV, Sec. 415, Aug. 10, 1959, 73 Stat. 323; Pub. L.

90-19, Sec. 12(d), (h)(1)-(3), May 25, 1967, 81 Stat. 23, 24.)

-REFTEXT-

REFERENCES IN TEXT

The National Housing Act, referred to in subsecs. (c) and (d), is

act June 27, 1934, ch. 847, 48 Stat. 1246, as amended. Title VIII

of the National Housing Act is classified generally to subchapter

VIII (Sec. 1748 et seq.) of chapter 13 of Title 12, Banks and

Banking. For complete classification of this Act to the Code, see

section 1701 of Title 12 and Tables.

Section 1594a(g) of this title, referred to in subsec. (d), was

repealed by Pub. L. 87-554, title V, Sec. 501(d), July 27, 1962, 76

Stat. 237.

-COD-

CODIFICATION

In subsec. (a), "section 3131 of title 40" substituted for

"section 1 of the Act of August 24, 1935 (49 Stat. 793)" on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

In subsec. (a), "section 2305 of title 10" substituted for

"section 3 of the Armed Forces Procurement Act of 1947" on

authority of act Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A Stat.

640, the first section of which enacted Title 10, Armed Forces.

Prior to enactment of Title 10, section 3 of the Armed Forces

Procurement Act of 1947 was classified to section 152 of Title 41,

Public Contracts.

-MISC1-

AMENDMENTS

1967 - Subsecs. (a) to (c). Pub. L. 90-19, Sec. 12(d),

substituted "Secretary of Housing and Urban Development" for

"Commissioner" wherever appearing.

Subsec. (a). Pub. L. 90-19, Sec. 12(h)(1), substituted "Secretary

of Defense" for "Secretary" in fourth and sixth sentences.

Subsec. (b). Pub. L. 90-19, Sec. 12(h)(2), substituted "Secretary

of Defense" for "Secretary".

Subsec. (d). Pub. L. 90-19, Sec. 12(h)(3), substituted "Secretary

of Defense" for "Secretary" in last three sentences.

1959 - Subsec. (d). Pub. L. 86-149 added subsec. (d).

1956 - Subsec. (a). Act Aug. 7, 1956, Secs. 506(b), (c), (d),

507, substituted "eligible bidder" for "eligible builder" in first

sentence; substituted "the mortgagor" for "the builder" in two

places in third sentence; inserted provision before last sentence,

relating to furnishing by contractor of a performance bond and a

payment bond with surety satisfactory to Secretary; and struck out

from last sentence "with any builder" after "Before the Secretary

shall enter into any contract".

Subsec. (b). Act Aug. 7, 1956, Sec. 506(b), substituted "eligible

bidder" for "eligible builder".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1594d of this title; title

12 section 1748b.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1594a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Sec. 1594a. Acquisition of military housing financed under Armed

Services Housing Mortgage Insurance Fund and rental housing at

military bases

-STATUTE-

(a) Purchase price

Whenever the Secretary of Defense or his designee deems it

necessary for the purpose of this subchapter, he may acquire, by

purchase, donation, condemnation, or other means of transfer, any

land or (with the approval of the Secretary of Housing and Urban

Development) (1) any housing financed with mortgages insured under

title VIII of the National Housing Act [12 U.S.C. 1748 et seq.] as

in effect prior to August 11, 1955, or (2) any housing situated

adjacent to a military installation which was (A) completed prior

to July 1, 1952, (B) certified by the Department of Defense, prior

to construction, as being necessary to meet an existing military

family housing need and considered as military housing by the

Secretary of Housing and Urban Development, and (C) financed with

mortgages insured under section 207 of the National Housing Act [12

U.S.C. 1713], or (3) any housing situated on or adjacent to a

military installation which was (A) completed prior to July 1,

1952, (B) considered by the Department of Defense, prior to

construction, as being necessary to meet an existing military

family housing need and considered as military housing by the

Secretary of Housing and Urban Development, and (C) financed with

mortgages insured under section 608 of the National Housing Act [12

U.S.C. 1743], including adjacent property constructed primarily to

provide commercial facilities for the occupants of such housing.

The purchase price of any such housing shall not exceed the

Secretary of Housing and Urban Development's estimate of the

replacement cost of such housing and related property (not

including the value of any improvements installed or constructed

with appropriated funds) as of the date of final endorsement for

mortgage insurance reduced by an appropriate allowance representing

the estimated cost of repairs and replacements necessary to restore

the property to sound physical condition, as determined by the

Secretary of Defense or his designee upon the advice of the

Secretary of Housing and Urban Development: Provided, That in any

case where the Secretary of Defense or his designee acquires a

project held by the Secretary of Housing and Urban Development, the

price paid shall not exceed the face value of the debentures (plus

accrued interest thereon) which the Secretary of Housing and Urban

Development issued in acquiring such project.

(b) Housing at or near a military installation

Notwithstanding any provision of subsection (a) of this section

to the contrary, the Secretary of Defense or his designee shall, in

the manner provided in subsection (a) of this section, acquire by

purchase, donation, or other means of transfer or, if the parties

cannot agree upon terms for acquisition by such means, by

condemnation, any housing described in clause (1) or (2) of

subsection (a) of this section which is located at or near a

military installation where the construction of housing under the

Armed Services Housing Mortgage Insurance Program has been approved

by the Secretary.

(c) Condemnation; procedures; deposit; payment; interest

(1) Condemnation proceedings instituted pursuant to this section

shall be conducted in accordance with the provisions of section

3113 of title 40, or any other applicable Federal statute. Before

any such condemnation proceedings are instituted, an effort shall

be made to acquire the property involved by negotiation. In any

such condemnation proceedings, and in the interests of expedition,

the issue of just compensation may be determined by a commission of

three qualified, disinterested persons to be appointed by the

court. Any commission appointed hereunder shall give full

consideration to all elements of value in accordance with existing

law, and shall have the powers of a master provided in subdivision

(c) of rule 53 of the Federal Rules of Civil Procedure and

proceedings before it shall be governed by the provisions of

paragraphs (1) and (2) of subdivision (d) of such rule. Its action

and report shall be determined by a majority and its findings and

report shall have the effect, and be dealt with by the court in

accordance with the practice prescribed in paragraph (2) of

subdivision (e) of such rule. Trial of all issues, other than just

compensation, shall be by the court.

(2) In any condemnation proceedings instituted to acquire any

such housing, or interest therein, 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 section 3114(a) to (d) of title 40. The amount of such

deposit for the purpose of this section shall not in any case be

less than an amount equal to the actual cost of the housing (not

including the value of any improvements installed or constructed

with appropriated funds) as certified by the sponsor or owner of

the project to the Secretary of Housing and Urban Development

pursuant to any statute or any regulations issued by the Secretary

of Housing and Urban Development, reduced by the amount of the

principal obligation of the mortgage outstanding at the time

possession is surrendered, but any such deposit shall not include

any excess mortgage proceeds or "windfalls," kickbacks and rebates

received in connection with the construction of said housing as

determined by the Department of Defense, or any other Federal

agency. The amount of such deposit in any case where the sponsor or

owner has not certified the cost of the project to the Secretary of

Housing and Urban Development at August 10, 1959, shall be

determined by the Secretary of Defense, or his designee, in

accordance with sections 3114 to 3116 and 3118 of title 40, with a

view toward accurately estimating the equity of the sponsor or

owner: Provided, That in the event there is withdrawn from the

registry of the court by the owner or sponsor a sum of money in

excess of the final award of just compensation, this excess shall

be repaid to the United States plus a sum equal to 4 per centum per

annum on such excess from the time such sum is deposited in the

registry of the court: Provided further, That any court in which

money is deposited as provided in this section shall require the

furnishing of security by the owner to protect the United States

from any loss by reason of a final award of just compensation of

less than the amount deposited: And provided further, That the

deposit required to be made by this section shall be without

prejudice to any party in the determination of just compensation.

Unless title is in dispute, the court, upon application and subject

to the foregoing provisions of this subsection, 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. In the event that condemnation proceedings are

instituted in accordance with procedures under sections 3114 to

3116 and 3118 of title 40, the court shall order that the amount

deposited shall be paid in a lump sum or over a period not

exceeding five years in accordance with stipulations executed by

the parties in the proceedings. In connection with condemnation

proceedings which do not utilize the procedures under such

sections, the Secretary of Defense or his designee, after final

judgment of the court, may pay or agree to pay in a lump sum or, in

accordance with stipulations executed by the parties to the

proceedings, over a period not exceeding five years the difference

between the outstanding principal obligation, plus accrued

interest, and the price for the property fixed by the court. Unless

such payment is made in a lump sum, the unpaid balance thereof

shall bear interest at the rate of 4 per centum per annum.

(d) Occupancy; use, or improvement of property before approval of

title

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 sections 3111 and 3112

of title 40.

(e) Release of accrual requirements for replacement, taxes, and

hazard insurance reserves

The Secretary of Defense or his designee may, in the case of any

housing acquired or to be acquired under this section, make

arrangements with the mortgage whereby such mortgage will agree to

release and waive all requirements of accruals for reserves for

replacement, taxes, and hazard insurance provided for under the

corporate charter and indenture agreement with respect to such

housing, upon the execution of a written agreement by the Secretary

or his designee that the purposes for which such reserves and other

funds were accrued will be carried out.

(f) Use as public quarters or lease of housing

Any housing acquired under this section may be (1) assigned as

public quarters to military personnel and their dependents; or (2)

leased to military and civilian personnel for occupancy by them and

their dependents, upon such terms and conditions as will in the

judgment of the Secretary of Defense or his designee be in the best

interest of the United States, without loss to military personnel

of their basic allowance for quarters or appropriate allotments.

-SOURCE-

(Aug. 11, 1955, ch. 783, title IV, Sec. 404, 69 Stat. 652; Aug. 3,

1956, ch. 939, title IV, Sec. 420, 70 Stat. 1019; Aug. 7, 1956, ch.

1029, title V, Sec. 512, 70 Stat. 1111; Pub. L. 85-104, title V,

Sec. 504, July 12, 1957, 71 Stat. 303; Pub. L. 85-685, title V,

Sec. 513(d), Aug. 20, 1958, 72 Stat. 663; Pub. L. 86-149, title IV,

Sec. 418, Aug. 10, 1959, 73 Stat. 323; Pub. L. 86-372, title VII,

Secs. 702(a), (b), 703, Sept. 23. 1959, 73 Stat. 683; Pub. L.

87-554, title V, Sec. 501(d), July 27, 1962, 76 Stat. 237; Pub. L.

88-560, title X, Sec. 1003, Sept. 2, 1964, 78 Stat. 806; Pub. L.

90-19, Sec. 12(e), (h)(4)-(6), May 25, 1967, 81 Stat. 23, 24.)

-REFTEXT-

REFERENCES IN TEXT

The National Housing Act, referred to in subsec. (a), is act June

27, 1934, ch. 847, 48 Stat. 1246, as amended. Title VIII of the

National Housing Act is classified generally to subchapter VIII

(Sec. 1748 et seq.) of chapter 13 of Title 12, Banks and Banking.

For complete classification of this Act to the Code, see section

1701 of Title 12 and Tables.

-COD-

CODIFICATION

In subsec. (c)(1), "section 3113 of title 40" substituted for

"the Act of August 1, 1888 (25 Stat. 357; 40 U.S.C. 257), as

amended", in subsec. (c)(2), "section 3114(a) to (d) of title 40"

substituted for "the first section of the Act of February 26, 1931

(46 Stat. 1421)", "sections 3114 to 3116 and 3118 of title 40"

substituted for "the Act of February 26, 1931 (46 Stat. 1421)" and

for "such Act of February 26, 1931", and, in subsec. (d), "sections

3111 and 3112 of title 40" substituted for "section 355 of the

Revised Statutes, as amended", on authority of Pub. L. 107-217,

Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of

which enacted Title 40, Public Buildings, Property, and Works.

-MISC1-

AMENDMENTS

1967 - Subsec. (a). Pub. L. 90-19, Sec. 12(e)(1)-(3), (h)(4),

substituted "Secretary of Housing and Urban Development" for

"Federal Housing Commissioner" wherever appearing in first

sentence, "Secretary of Housing and Urban Development's" for

"Federal Housing Commissioner's", "Secretary of Housing and Urban

Development" for "Commissioner" wherever appearing in second

sentence, and "Secretary of Defense" for "Secretary" in proviso,

respectively.

Subsec. (c)(2). Pub. L. 90-19, Sec. 12(e)(1), (h)(5), substituted

"Secretary of Housing and Urban Development" for "Federal Housing

Commissioner" wherever appearing and "Secretary of Defense" for

"Secretary" in penultimate sentence, respectively.

Subsec. (e). Pub. L. 90-19, Sec. 12(h)(6), substituted "Secretary

of Defense" for "Secretary".

1964 - Subsec. (a). Pub. L. 88-560 authorized acquisition of

housing on or adjacent to a military installation completed prior

to July 1, 1952, considered necessary to meet existing military

family need, considered military housing by the Federal Housing

Commissioner, and financed with mortgages insured under section 608

of the National Housing Act, including adjacent property

constructed primarily to provide commercial facilities for the

occupants of such housing.

1962 - Subsec. (f). Pub. L. 87-554 struck out provision for

deposit in the revolving fund of amounts equal to the quarters

allowances or appropriate allotments of military personnel to whom

housing is assigned as public quarters and rental charges for

leasing of housing to military and civilian personnel.

Subsec. (g). Pub. L. 87-554 repealed subsec. (g) creating the

revolving fund, enumerating uses of the fund and requiring the

deposit in the fund of specified quarters allowances or allotments,

rental charges and savings realized in operation of housing.

Subsec. (h). Pub. L. 87-554 repealed subsec. (h) requiring the

establishment of the revolving fund on the books of the Treasury

Department, limiting appropriation authorization for revolving fund

capital to $50,000,000 and permitting the transfer of certain funds

to provide adequate capital for the fund.

1959 - Subsec. (a). Pub. L. 86-372, Sec. 702(a), authorized

acquisition of any housing situated adjacent to a military

installation which was completed prior to July 1, 1952, certified

by the Department of Defense, prior to construction, as being

necessary to meet an existing military family housing need and

considered as military housing by the Federal Housing Commissioner,

and financed with mortgages insured under section 207 of the

National Housing Act.

Subsec. (b). Pub. L. 86-372, Sec. 702(b), substituted "any

housing described in clause (1) or (2) of subsection (a) of this

section" for "any housing constructed under the mortgage insurance

provisions of sections 1748 to 1748h of title 12 (as in effect

prior to Aug. 11, 1955)".

Subsec. (c)(2). Pub. L. 86-372, Sec. 703, required the amount of

the deposit in any case where the sponsor or owner has not

certified the cost of the project to be determined with a view

toward accurately estimating the equity of the sponsor or owner.

Pub. L. 86-149 required the amount of the deposit to be not less

than an amount equal to the actual cost of the housing as certified

reduced by the amount of the principal obligation of the mortgage

outstanding at the time possession is surrendered, provided for

determination of amount of deposit in cases where cost has not been

certified, and required payment of 4 percent interest where money

has been withdrawn in excess of final award of just compensation.

1958 - Subsec. (c). Pub. L. 85-685 inserted provisions

authorizing issue of just compensation to be determined by a

commission of three qualified, disinterested persons to be

appointed by the court, prescribing its powers, relating to its

action and report, and requiring trial of all issues, other than

just compensation, to be by the court.

1957 - Subsec. (a). Pub. L. 85-104 substituted "representing the

estimated cost of repairs and replacements necessary to restore the

property to sound physical condition" for "for physical

depreciation".

1956 - Act Aug. 7, 1956, designated existing provisions as

subsecs. (a), (c), and (d), and added subsecs. (b) and (e) to (h).

Act Aug. 3, 1956, limited purchase price of housing to

Commissioner's estimate of replacement cost of such housing and

related property as of date of final endorsement for mortgage

insurance reduced by an appropriate allowance for depreciation, and

limited price of any project held by Commissioner to face value of

debentures, plus accrued interest, which the Commissioner issued in

acquiring the project.

REPEALS

Pub. L. 87-554, title V, Sec. 501(d), July 27, 1962, 76 Stat.

237, cited as a credit to this section, was repealed by Pub. L.

97-214, Sec. 7(5), July 12, 1982, 96 Stat. 173.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1594, 1594d of this

title; title 10 section 2822.

-End-

-CITE-

42 USC Secs. 1594a-1, 1594a-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Secs. 1594a-1, 1594a-2. Repealed. Pub. L. 97-214, Sec. 7(5), July

12, 1982, 96 Stat. 173

-MISC1-

Section 1594a-1, Pub. L. 87-554, title V, Sec. 501(a)-(c), July

27, 1962, 76 Stat. 236; Pub. L. 90-110, title VI, Sec. 606, Oct.

21, 1967, 81 Stat. 304; Pub. L. 91-142, title V, Sec. 511, Dec. 5,

1969, 83 Stat. 312; Pub. L. 96-418, title V, Sec. 511, Oct. 10,

1980, 94 Stat. 1767, related to Department of Defense family

housing management account. See section 2831 of Title 10, Armed

Forces.

Section 1594a-2, Pub. L. 87-554, title V, Sec. 507, July 27,

1962, 76 Stat. 240, related to prior legislative approval for

appropriations for family housing. See section 2821(a) of Title 10.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, and applicable to military

construction projects, and to construction and acquisition of

military family housing before, on, or after such date, see section

12(a) of Pub. L. 97-214, set out as an Effective Date note under

section 2801 of Title 10, Armed Forces.

-End-

-CITE-

42 USC Sec. 1594b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Sec. 1594b. Maintenance and operation of housing; use of quarters;

payment of principal, interest, and other obligations

-STATUTE-

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 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 $21,000,000 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.

-SOURCE-

(Aug. 11, 1955, ch. 783, title IV, Sec. 405, 69 Stat. 652; Aug. 7,

1956, ch. 1029, title V, Sec. 508, 70 Stat. 1110.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, means title IV of act Aug. 11,

1955, ch. 783, 69 Stat. 646, as amended, which enacted sections

1594 and 1594a, 1594b to 1594f of this title, amended sections

1720, 1748, and 1748a to 1748g of Title 12, Banks and Banking, and

enacted provisions set out as a note under section 1748 of Title

12. For complete classification of this Act to the Code, see

Tables.

-MISC1-

AMENDMENTS

1956 - Act Aug. 7, 1956, substituted "$21,000,000" for

"$9,000,000".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1594d of this title.

-End-

-CITE-

42 USC Sec. 1594c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Sec. 1594c. Services of architects and engineers; use of

appropriations; acquisition of sites

-STATUTE-

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 Secretary of Housing and Urban

Development in connection with projects assisted under the United

States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.].

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 of any project to

be constructed under this subchapter of alternate materials or

alternate types of construction, including prefabrication, that

provide substantially equal value and conform to standards

established by the Secretary of Housing and Urban Development:

Provided further, That such plans, drawings, and specifications,

when developed pursuant to arrangements made under this section

after August 7, 1956, shall follow the principle of modular

measure, in order that the housing may be built by conventional

construction, on-site fabrication, factory precutting, factory

fabrication, or any combination of these construction methods:

Provided further, That the Secretary of Defense 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 it 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 of Defense is further authorized to advance or pay to the

Department of Housing and Urban Development its "Appraisal and

Eligibility Statement" fees in connection with such family housing.

The Secretary of Defense 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.

-SOURCE-

(Aug. 11, 1955, ch. 783, title IV, Sec. 406, 69 Stat. 653; Aug. 7,

1956, ch. 1029, title V, Sec. 509, 70 Stat. 1110; Pub. L. 90-19,

Sec. 12(f), (h)(7), (8), May 25, 1967, 81 Stat. 24.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, means title IV of act Aug. 11,

1955, ch. 783, 69 Stat. 646, as amended, which enacted sections

1594 and 1594a, 1594b to 1594f of this title, amended sections

1720, 1748, and 1748a to 1748g of Title 12, Banks and Banking, and

enacted provisions set out as a note under section 1748 of Title

12. For complete classification of this Act to the Code, see

Tables.

The civil service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

The classification laws, referred to in text, are classified

generally to chapter 51 (Sec. 5101 et seq.) and subchapter III

(Sec. 5331 et seq.) of chapter 53 of Title 5.

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 1437 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1437 of this title and

Tables.

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-19 substituted "Secretary of Housing and Urban

Development" and "Department of Housing and Urban Development" for

"Public Housing Administration" and "Federal Housing

Administration" in first sentence and first proviso and for

"Federal Housing Administration" in penultimate sentence and

"Secretary of Defense" for "Secretary" in third proviso and last

two sentences, respectively.

1956 - Act Aug. 7, 1956, inserted second proviso requiring plans,

drawings, and specifications to follow the principle of modular

measure, so the housing may be built by conventional construction,

on-site fabrication, factory precutting, factory fabrication, or

any combination of these construction methods.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1594d of this title.

-End-

-CITE-

42 USC Sec. 1594d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Sec. 1594d. Appropriations; use of quarters allowances

-STATUTE-

(a) There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of sections 1594, 1594a,

1594b, and 1594c of this title.

(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) of this section.

-SOURCE-

(Aug. 11, 1955, ch. 783, title IV, Sec. 407, 69 Stat. 653.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 1594e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Sec. 1594e. Definitions

-STATUTE-

(a) Wherever the terms "Secretary of Defense" or "Secretary of

the Army, Navy, or Air Force" appear in this title or in title VIII

of the National Housing Act, as amended by the Housing Amendments

of 1955 [12 U.S.C. 1748 et seq.], they shall be deemed to mean the

Secretary of Transportation in the case of the application of the

provisions of this subchapter 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 subchapter

it shall be deemed to include the United States Coast Guard.

-SOURCE-

(Aug. 11, 1955, ch. 783, title IV, Sec. 409, 69 Stat. 654; Pub. L.

89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 90-19,

Sec. 12(g), May 25, 1967, 81 Stat. 24.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in subsec. (a), means title IV of act

Aug. 11, 1955, ch. 783, 69 Stat. 646, as amended, which enacted

sections 1594 and 1594a, 1594b to 1594f of this title, amended

sections 1720, 1748, and 1748a to 1748g of Title 12, Banks and

Banking, and enacted provisions set out as a note under section

1748 of Title 12. For complete classification of this Act to the

Code, see Tables.

The National Housing Act, referred to in subsec. (a), is act June

27, 1934, ch. 847, 48 Stat. 1246, as amended. Title VIII of the

National Housing Act is classified generally to subchapter VIII

(Sec. 1748 et seq.) of chapter 13, Title 12, Banks and Banking. For

complete classification of this Act to the Code, see section 1701

of Title 12 and Tables.

-MISC1-

AMENDMENTS

1967 - Subsec. (a). Pub. L. 90-19 struck out "or Secretary" after

"Secretary of Defense".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Coast Guard transferred to Department of Transportation, and all

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of other officers and offices of Department of

the Treasury transferred to Secretary of Transportation by Pub. L.

89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)

of Pub. L. 89-670, however, provided that notwithstanding such

transfer of functions, Coast Guard shall operate as part of Navy in

time of war or when President directs as provided in section 3 of

Title 14, Coast Guard. See section 108 of Title 49, Transportation.

-End-

-CITE-

42 USC Sec. 1594f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Sec. 1594f. Net floor area limitations

-STATUTE-

In the construction of housing under the authority of this title

and title VIII of the National Housing Act, as amended [12 U.S.C.

1748 et seq.], the maximum limitations on net floor area for each

unit shall be the same as the net floor area limitations prescribed

by law (at the time plans and specifications for such construction

are begun) for public quarters built with appropriated funds under

military construction authority.

-SOURCE-

(Aug. 11, 1955, ch. 783, title IV, Sec. 410, as added Aug. 7, 1956,

ch. 1029, title V, Sec. 510, 70 Stat. 1110; amended Pub. L. 85-104,

title V, Sec. 503, July 12, 1957, 71 Stat. 303.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, means title IV of act Aug. 11,

1955, ch. 783, 69 Stat. 646, as amended, which enacted sections

1594 and 1594a, 1594b to 1594f of this title, amended sections

1720, 1748, and 1748a to 1748g of Title 12, Banks and Banking, and

enacted provisions set out as a note under section 1748 of Title

12.

The National Housing Act, referred to in text, is act June 27,

1934, ch. 847, 48 Stat. 1246, as amended. Title VIII of the

National Housing Act is classified generally to subchapter VIII

(Sec. 1748 et seq.) of chapter 13 of Title 12, Banks and Banking.

For complete classification of this Act to the Code, see section

1701 of Title 12 and Tables.

-MISC1-

AMENDMENTS

1957 - Pub. L. 85-104 substituted "limitations prescribed by law

(at the time plans and specifications for such construction are

begun) for public quarters built with appropriated funds under

military construction authority" for "permanent limitations

prescribed in the second, third, and fourth provisos of section 3

of the act of June 12, 1948 (62 Stat. 375), or section 3 of the act

of June 16, 1948 (62 Stat. 459), other than the first, second, and

third provisos thereof".

-End-

-CITE-

42 USC Sec. 1594g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Sec. 1594g. Repealed. Pub. L. 85-241, title IV, Sec. 406(b), Aug.

30, 1957, 71 Stat. 556

-MISC1-

Section, act Aug. 3, 1956, ch. 939, title IV, Sec. 419, 70 Stat.

1018, related to conditions precedent to entering into contracts

for construction or acquisition of family housing units by or for

the use of military or civilian personnel of any of the military

services.

EFFECTIVE DATE OF REPEAL

Section 406(b) of Pub. L. 85-241 provided that the repeal of this

section is effective July 1, 1958.

-End-

-CITE-

42 USC Secs. 1594h to 1594i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Secs. 1594h to 1594i. Repealed. Pub. L. 97-214, Sec. 7(3), (5),

(9), (17), July 12, 1982, 96 Stat. 173, 174

-MISC1-

Section 1594h, Pub. L. 85-241, title I, Sec. 103, Aug. 30, 1957,

71 Stat. 534, related to purchase of family housing for assignment

as public quarters, and space and cost limitations.

Section 1594h-1, Pub. L. 87-554, title V, Sec. 503, July 27,

1962, 76 Stat. 239, related to improvement of family housing units,

public quarters designation, and cost limitations.

Section 1594h-2, Pub. L. 90-110, title VI, Sec. 610(a), Oct. 21,

1967, 81 Stat. 305; Pub. L. 93-166, title V, Sec. 506(a), Nov. 29,

1973, 87 Stat. 675; Pub. L. 95-356, title V, Sec. 502(b), Sept. 8,

1978, 92 Stat. 578; Pub. L. 96-418, title V, Sec. 502(b), Oct. 10,

1980, 94 Stat. 1764, related to improvement of single family

housing units and cost limitations of such improvements. See

section 2825(b) of Title 10, Armed Forces.

Section 1594h-3, Pub. L. 96-418, title V, Sec. 505, Oct. 10,

1980, 94 Stat. 1765, related to settlement of contractor claims on

military family housing.

Section 1594i, Pub. L. 85-241, title IV, Sec. 406(a) Aug. 30,

1957, 71 Stat. 556; Pub. L. 85-685, title V, Sec. 512, Aug. 20,

1958, 72 Stat. 662; Pub. L. 86-149, title IV, Sec. 408, Aug. 10,

1959, 73 Stat. 321; Pub. L. 86-500, title V, Sec. 507(b), June 8,

1960, 74 Stat. 185; Pub. L. 87-70, title VI, Sec. 611(b), June 30,

1961, 75 Stat. 180; Pub. L. 88-174, title V, Sec. 510, Nov. 7,

1963, 77 Stat. 327, related to authorization of number of family

housing units. See section 2822 of Title 10.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, and applicable to military

construction projects, and to construction and acquisition of

military family housing before, on, or after such date, see section

12(a) of Pub. L. 97-214, set out as an Effective Date note under

section 2801 of Title 10, Armed Forces.

-End-

-CITE-

42 USC Sec. 1594j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Sec. 1594j. Repealed. Pub. L. 92-545, title V, Sec. 508(c), Oct.

25, 1972, 86 Stat. 1150

-MISC1-

Section, Pub. L. 85-241, title IV, Sec. 407, Aug. 30, 1957, 71

Stat. 556; Pub. L. 85-685, title V, Sec. 516, Aug. 20, 1958, 72

Stat. 664; Pub. L. 86-372, title VII, Sec. 702(c), Sept. 23, 1959,

73 Stat. 683; Pub. L. 86-500, title V, Sec. 508, June 8, 1960, 74

Stat. 186; Pub. L. 87-57, title VI, Sec. 610, June 27, 1961, 75

Stat. 111; Pub. L. 88-174, title V, Sec. 506, Nov. 7, 1963, 77

Stat. 326; Pub. L. 89-568, title V, Sec. 502, Sept. 12, 1966; 80

Stat. 753; Pub. L. 90-110, title VI, Sec. 608, Oct. 21, 1967, 81

Stat. 305, provided for occupancy on a rental basis of inadequate

quarters without loss of basic allowance for quarters. See section

2830 of Title 10, Armed Forces.

-End-

-CITE-

42 USC Secs. 1594j-1, 1594k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

-HEAD-

Secs. 1594j-1, 1594k. Repealed. Pub. L. 97-214, Sec. 7(6), (13),

July 12, 1982, 96 Stat. 173, 174

-MISC1-

Section 1594j-1, Pub. L. 92-545, title V, Sec. 508(a), (b), Oct.

25, 1972, 86 Stat. 1149, related to inadequate quarters. See

section 2830 of Title 10, Armed Forces.

Section 1594k, Pub. L. 88-174, title V, Sec. 507, Nov. 7, 1963,

77 Stat. 326; Pub. L. 89-188, title V, Sec. 505, Sept. 16, 1965, 79

Stat. 814; Pub. L. 90-110, title VI, Sec. 605, Oct. 21, 1967, 81

Stat. 304; Pub. L. 90-408, title VI, Sec. 607, July 21, 1968, 82

Stat. 388; Pub. L. 91-142, title V, Sec. 508, Dec. 5, 1969, 83

Stat. 312; Pub. L. 91-511, title V, Sec. 507, Oct. 26, 1970, 84

Stat. 1220; Pub. L. 92-145, title V, Sec. 507, Oct. 27, 1971, 85

Stat. 407; Pub. L. 92-545, title V, Sec. 507, Oct. 25, 1972, 86

Stat. 1149; Pub. L. 93-166, title V, Sec. 508, Nov. 29, 1973, 87

Stat. 676, related to guarantee of rental return to builders or

other sponsors in foreign countries, and limitation on amount,

period, and unit limitation of such guarantee.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, and applicable to military

construction projects, and to construction and acquisition of

military family housing before, on, or after such date, see section

12(a) of Pub. L. 97-214, set out as an Effective Date note under

section 2801 of Title 10, Armed Forces.

SAVINGS PROVISION

Section 9(b) of Pub. L. 97-214 provided that: "The Secretary of

Defense may continue in effect any agreement guaranteeing rental

returns to builders or other sponsors of family housing in foreign

countries that was made under section 507 of the Military

Construction Authorization Act, 1964 (42 U.S.C. 1594k), before the

effective date of this Act [Oct. 1, 1982] and may exercise any

option of the United States in any such agreement that has not been

exercised before such date."

-End-