42 U.S.C. § 1582 — Temporary housing exempted from provi-

Page 4834 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1582 1 See References in Text note below. September 8, 1939, exceeded the total population of such municipality as shown by the 1940 cen- sus, 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 said subsection (b). Not- withstanding 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 re- linquishment or transfer there is in existence in such a municipality a local public agency orga- nized 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) hereof) relinquish and transfer to any mu- nicipality, without monetary consideration other than payment for the land involved as spe- cifically required by subsection (b) hereof, all right, title, and interest of the United States in and with respect to unoccupied temporary hous- ing of masonry construction located in such mu- nicipality: 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 struc- tures, with proposed improvements, will be suit- able for long-term housing use. (Oct. 14, 1940, ch. 862, title VI, § 601, as added June 28, 1948, ch. 688, § 7, as added Apr. 20, 1950, ch. 94, title II, § 201, 64 Stat. 59; amended Ex. Ord. No. 10284, §§ 1, 2, eff. Sept. 4, 1951, 16 F.R. 8971; Oct. 26, 1951, ch. 577, § 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, § 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L. 102–54, § 13(q)(6)(A), June 13, 1991, 105 Stat. 280.) Editorial Notes 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. CODIFICATION In subsec. (c), ‘‘June 30, 1953’’ substituted for ‘‘Decem- ber 31, 1950’’ the first time it appears and ‘‘June 30, 1951’’ the second time it appears pursuant to the execu- tive orders cited as credits to this section. See notes set out below. AMENDMENTS 1991—Subsec. (d)(1). Pub. L. 102–54 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’ 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 relin- quishment. 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’’. Statutory Notes and Related Subsidiaries 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, § 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 Admin- istration have lapsed. Executive Documents 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 re- quests 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 fil- ing requests under subsec. (h) from Dec. 31, 1951, to Dec. 31, 1952, and extended time for compliance with all con- ditions 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 fil- ing requests under subsecs. (a), (b), (g), and (h) from Dec. 31, 1952, to June 30, 1953. § 1582. Temporary housing exempted from provi- sions of section 1553 of this title 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 mu- Page 4835 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1584 2 So in original. Probably should be preceded by ‘‘subsection’’. nicipality 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 condi- tions 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 hous- ing hereunder, and the United States shall as- sume no responsibility for compliance with such conditions: And provided further, That any housing disposed of for housing use in ac- cordance 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 4 of the Housing and Rent Act of 1947, as amend- ed, relating to preference or priority to vet- erans or their families; or (d) disposed of or relinquished by the Sec- retary of Housing and Urban Development prior to April 20, 1950, subject to such require- ments or contractual obligations pursuant thereto, where the governing body of the mu- nicipality or county on or before December 31, 1950, adopts a resolution as provided in (c) 2 above; 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. (Oct. 14, 1940, ch. 862, title VI, § 602, as added June 28, 1948, ch. 688, § 7, as added Apr. 20, 1950, ch. 94, title II, § 201, 64 Stat. 59; amended Oct. 26, 1951, ch. 577, § 2, 65 Stat. 648; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT Section 1575 of this title, referred to in subsec. (a), has been omitted from the Code. Section 4 of the Housing and Rent Act of 1947, re- ferred to in subsec. (c), is section 4 of act June 30, 1947, ch. 163, title I, 61 Stat. 195, which was formerly classi- fied to section 1884 of the former Appendix to Title 50, War and National Defense, and has been omitted from the Code. AMENDMENTS 1951—Subsec. (c). Act Oct. 26, 1951, struck ‘‘of World War II’’ thus making section applicable to veterans of Korean war. 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. § 1583. Redetermination of demountable housing as temporary or permanent 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 con- sultation with the communities affected, rede- termine (taking into consideration local stand- ards and conditions) whether such housing is of a temporary or permanent character, and after such redetermination shall dispose of such hous- ing in accordance with the provisions of this subchapter. (Oct. 14, 1940, ch. 862, title VI, § 603, as added June 28, 1948, ch. 688, § 7, as added Apr. 20, 1950, ch. 94, title II, § 201, 64 Stat. 59; amended 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. § 1584. Removal of all dwelling structures on land under Secretary’s control; temporary housing exempted; preference in fulfilling vacancies With respect to temporary housing remaining under the jurisdiction of the Secretary of Hous- ing and Urban Development on land under his control, the Secretary of Housing and Urban De- velopment 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) no- tify, 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 sec- tion 1581(c) of this title: And provided further, That nothing heretofore in this section shall apply (1) to any temporary housing in any mu- nicipality in which the total number of persons, who on December 31, 1948, were living in tem- porary family accommodations provided by the United States or any agency thereof since Sep- tember 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 trans- ferred solely because the applicant has been un- able to obtain from the landowner the right to possession of the land on reasonable terms as de- termined by the Secretary of Housing and Urban Development: Provided, That, in filling vacan- cies 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