
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1502]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
        CHAPTER 9--HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE
 
                    SUBCHAPTER I--PROJECTS GENERALLY
 
Sec. 1502. Initiation and development of projects; jurisdiction; 
        acquisition of property; fees of architects, engineers, etc.
        
    (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 section 255 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 303b 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 258a 
to 258e-1 and 361 to 386 \1\ of title 40. 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.
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    \1\ See References in Text note below.
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(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.)

                       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.
    Sections 361 to 386 of title 40, referred to in subsec. (b), were 
repealed by Pub. L. 88-241, Sec. 21(b), Dec. 23, 1963, 77 Stat. 627. See 
chapter 13 (Sec. 16-1301 et seq.) of Title 16, Particular Actions, 
Proceedings and Matters, of the District of Columbia Code.

                         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.


                               Amendments

    1942--Subsec. (a). Act Oct. 26, 1942, inserted ``officers,'' after 
``rental to the'' in first sentence.

                          Transfer of Functions

    For transfer of functions to Secretary of Housing and Urban 
Development, see note set out under section 1501 of this title.
