
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1592a]

 
                 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
 
Sec. 1592a. Construction of housing


(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 [40 U.S.C. 471 et seq.], 
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.

(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.)

                       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. The excess property provisions of that act are 
classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public 
Buildings, Property, and Works. For complete classification of this Act 
to the Code, see Short Title note set out under section 471 of Title 40 
and Tables.


                               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''.

                          Transfer of Functions

    For transfer of functions to Secretary of Housing and Urban 
Development, see note set out under section 1581 of this title.
