42 U.S.C. § 1592 — Authority of Secretary

Page 4849 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592a munity 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 commu- nity facilities by United States under this subchapter, see section 1591c of this title. § 1592. Authority of Secretary Subject to the provisions and limitations of this subchapter and subchapter VIII of this chapter, the Secretary of Housing and Urban De- velopment (hereinafter referred to as the ‘‘Sec- retary’’) is authorized to provide housing in any areas (subject to the provisions of section 1591 of this title) needed for defense workers or mili- tary 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 Presi- dent, pursuant to the authority contained in said section, has determined to be a critical de- fense housing area. (Sept. 1, 1951, ch. 378, title III, § 301, 65 Stat. 303; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1592a. Construction of housing (a) Types, sales, preferences in purchases, and payment Consistent with other requirements of na- tional defense, any permanent housing con- structed pursuant to the authority of this sub- chapter shall consist of one- to four-family dwelling structures (including row houses) so ar- ranged that they may be offered for separate sale. All housing of permanent construction which is constructed or acquired under the au- thority of this subchapter shall be sold as expe- ditiously 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 struc- tures of permanent construction designed for oc- cupancy by not more than four families (includ- ing 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 de- termined 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 nine- ty days nor more than six months from the date of the initial offering of such project as the Sec- retary 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 privi- leges and responsibilities, required of, and ex- tended to, other members of the group any ten- ant occupying a dwelling unit in such project, at any time during such period as the Secretary of Housing and Urban Development shall deem ap- propriate, starting on the date of the announce- ment by the Secretary of Housing and Urban De- velopment of the availability of such project). The Secretary of Housing and Urban Develop- ment shall provide an equitable method of se- lecting the purchasers when preferred pur- chasers (or groups of preferred purchasers) in the same preference class or containing mem- bers 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: Pro- vided, That full payment to the Government for the property sold shall be required within a pe- riod of not exceeding twenty-five years with in- terest 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 deter- mination 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 na- tional defense activities, the provisions of sec- tion 1591a of this title shall not be applicable and temporary housing which is of a mobile or portable character or which is otherwise con- structed 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 sub- chapter which the Secretary of Housing and Urban Development determines to be no longer needed for use under this subchapter shall, un- less transferred to the Department of Defense pursuant to section 1592e of this title, or re- ported as excess to the Administrator of the General Services Administration pursuant to chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, 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 respon- sible bidder who is a veteran so purchasing: Pro- vided, 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 Sec- retary of Housing and Urban Development) to a public body for public use: And provided further, That the housing structures shall be sold for re- moval from the site, except that they may be sold for use on the site if the governing body of