42 U.S.C. § 1477 — Preferences for veterans and families of

Page 4760 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1477 tled farmworkers. In conducting such study, the Secretary shall— (A) determine the location, number, quality, and condition of housing units which are available to such farmworkers and the cost as- sessed such farmworkers for occupying such units; (B) recommend legislative, administrative, and other action (including the need for new authority for such action) which may be taken for the purpose of improving both the avail- ability and the condition of such housing units; and (C) determine the possible roles which indi- vidual farmworkers, farmworker associations, individual farmers, farmer associations, and public and private nonprofit agencies can per- form in improving the housing conditions of farmworkers. (2) The Secretary shall transmit the results of the study described in paragraph (1) to each House of the Congress within one year after Oc- tober 31, 1978. (July 15, 1949, ch. 338, title V, § 506, 63 Stat. 435; Pub. L. 87–70, title VIII, §§ 804(b)(1), 805(a), June 30, 1961, 75 Stat. 188; Pub. L. 87–723, § 4(c)(2), Sept. 28, 1962, 76 Stat. 672; Pub. L. 88–560, title V, § 503(c), Sept. 2, 1964, 78 Stat. 798; Pub. L. 89–117, title X, § 1005(d), Aug. 10, 1965, 79 Stat. 501; Pub. L. 89–348, § 1(5), Nov. 8, 1965, 79 Stat. 1310; Pub. L. 93–383, title V, §§ 506, 519(a), Aug. 22, 1974, 88 Stat. 694, 699; Pub. L. 95–128, title V, § 510, Oct. 12, 1977, 91 Stat. 1142; Pub. L. 95–557, title V, § 502, Oct. 31, 1978, 92 Stat. 2111; Pub. L. 98–181, title I [title V, § 505], Nov. 30, 1983, 97 Stat. 1242; Pub. L. 104–66, title I, § 1011(m), Dec. 21, 1995, 109 Stat. 710.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (e), is act July 15, 1949, ch. 338, 63 Stat. 413, known as the Housing Act of 1949, which is classified principally to this chapter (§ 1441 et seq.). For complete classification of that Act to the Code, see Short Title note set out under section 1441 of this title and Tables. AMENDMENTS 1995—Subsec. (b). Pub. L. 104–66 struck out at end ‘‘The Secretary shall report to the Congress at the close of each fiscal year on the results of such dem- onstrations.’’ 1983—Subsec. (b). Pub. L. 98–181 inserted provision re- lating to demonstrations involving innovative housing units and systems not meeting existing standards with expenditures not to exceed $10,000,000 in any fiscal year and a report to be made to Congress at the close of each fiscal year. 1978—Subsec. (b). Pub. L. 95–557, § 502(a), revised the provisions of this subsection to bring particular atten- tion to the housing needs of the elderly, handicapped, migrant and seasonal farmworkers, Indians and other identifiable groups. Subsec. (f). Pub. L. 95–557, § 502(b), added subsec. (f). 1977—Subsec. (d). Pub. L. 95–128 substituted provision respecting establishment and authority of a research capacity within the Farmers Home Administration for provision to carry out subsec. (b) and (c) research and study programs through grants by the Secretary to land-grant colleges on such terms, conditions, and standards as he may prescribe or through such other agencies as he may elect. 1974—Subsec. (a). Pub. L. 93–383, § 519(a), substituted ‘‘as required by the Secretary’’ for ‘‘as may be required by the Secretary, by competent employees of the Sec- retary’’. Subsec. (d). Pub. L. 93–383, § 506(a), substituted provi- sions authorizing grants to such other private or public organizations as selected by the Secretary upon finding that required research and study could not be per- formed by personnel and facilities of Department of Ag- riculture or land-grant colleges, for provisions author- izing grants to such other agencies as selected by the Secretary. Subsec. (e). Pub. L. 93–383, § 506(b), substituted ‘‘rural housing’’ for ‘‘farm housing’’ wherever appearing. 1965—Subsec. (a). Pub. L. 89–117 substituted ‘‘this sub- chapter’’ for ‘‘sections 1471 to 1474 and sections 1484 to 1486 of this title’’ wherever appearing. Subsec. (e). Pub. L. 89–348, which directed the repeal in subsec. (b) of the requirement of the report of esti- mates of national farm housing needs and of progress made toward meeting such needs, probably was in- tended to repeal such reporting requirement in subsec. (e) in view of the redesignation of subsec. (b) as (e) by Pub. L. 87–70. 1964—Subsec. (a). Pub. L. 88–560 inserted reference to section 1486 of this title wherever appearing. 1962—Subsec. (a). Pub. L. 87–723 substituted ‘‘sections 1484 and 1485’’ for ‘‘section 1484’’ wherever appearing. 1961—Subsec. (a). Pub. L. 87–70, §§ 804(b)(1), 805(a)(1), inserted a reference to section 1484 of this title in two places, and struck out provisions which authorized the conduct of research and technical studies including the development, demonstration, and promotion of con- struction of adequate farm dwellings and other build- ings for the purposes of stimulating construction, im- proving architectural design and utility, utilizing new and native materials, economies in materials and con- struction methods, and new methods of production, dis- tribution, assembly, and construction, which provisions are now contained in subsec. (b) of this section. Subsecs. (b) to (e). Pub. L. 87–70, § 805(a)(2), (3), added subsecs. (b) to (d) and redesignated former subsec. (b) as (e). Provisions of subsec. (b) were formerly contained in subsec. (a). Statutory Notes and Related Subsidiaries STUDY OF EMERGENCY POTABLE WATER AND SEWAGE PROGRAM Pub. L. 95–557, title V, § 508, Oct. 31, 1978, 92 Stat. 2114, required Secretary of Agriculture to determine the ap- proximate number of rural housing units without ac- cess to sanitary toilet facilities or potable water, pre- pare a projection of the cost providing such facilities and supplies, and report to Congress not later than six months after Oct. 31, 1978. REPORT OF ESTIMATES OF NATIONAL FARM HOUSING NEEDS Pub. L. 89–348, § 1(5), Nov. 8, 1965, 79 Stat. 1310, re- pealed provisions of subsec. (e) of this section which re- lated to reports of the estimates of national farm hous- ing needs and of progress toward meeting such needs. § 1477. Preferences for veterans and families of deceased servicemen As between eligible applicants seeking assist- ance under sections 1471 to 1474, inclusive, of this title, the Secretary shall give preference to veterans and the families of deceased service- men. As used herein, a ‘‘veteran’’ shall mean a person who served in the military forces of the United States during any war between the United States and any other nation or during the period beginning June 27, 1950, and ending on such date as shall be determined by Presidential proclamation or concurrent resolution of Con- gress, or during the period beginning after Janu- ary 31, 1955, and ending on August 4, 1964, or dur- Page 4761 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1478 ing the Vietnam era (as defined in section 101(29) of title 38), and who was discharged or released therefrom on conditions other than dishonor- able. ‘‘Deceased servicemen’’ shall mean persons who served in the military forces of the United States during any war between the United States and any other nation or during the period beginning June 27, 1950, and ending on such date as shall be determined by Presidential procla- mation or concurrent resolution of Congress, or during the period beginning after January 31, 1955, and ending on August 4, 1964, or during the Vietnam era (as defined in section 101(29) of title 38), and who died in service before the termi- nation of such war or such period or era. (July 15, 1949, ch. 338, title V, § 507, 63 Stat. 435; June 30, 1953, ch. 174, § 3, 67 Stat. 132; Pub. L. 87–70, title VIII, § 804(b)(2), June 30, 1961, 75 Stat. 188; Pub. L. 93–383, title V, § 507, Aug. 22, 1974, 88 Stat. 694.) Editorial Notes AMENDMENTS 1974—Pub. L. 93–383 inserted references to the period beginning after Jan. 31, 1955 and ending on Aug. 4, 1964, or during the Vietnam era wherever appearing therein. 1961—Pub. L. 87–70 substituted ‘‘under sections 1471 to 1474, inclusive, of this title’’ for ‘‘under this sub- chapter.’’ 1953—Act June 30, 1953, enlarged the definition of ‘‘veteran’’ and ‘‘deceased servicemen’’ to include mem- bers of the armed forces who have served during the Korean conflict. Statutory Notes and Related Subsidiaries CONTINUATION OF PROVISIONS Joint Res. July 3, 1952, ch. 570, § 1(a)(20), 66 Stat. 332, as amended by Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, provided that qualification period should con- tinue in force until six months after the termination of the national emergency proclaimed by the President on Dec. 16, 1950 by 1950 Proc. No. 2914, 15 F.R. 9029, set out as a note preceding section 1 of Title 50, War and Na- tional Defense, or such earlier date or dates as may be provided for by Congress, but in no event beyond July 1, 1953. Section 7 of Joint Res. July 3, 1952, provided that it should become effective June 16, 1952. REPEAL OF PRIOR ACTS CONTINUING SECTION Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952. Executive Documents PERIOD OF SERVICE IN MILITARY FORCES Proc. No. 3080, Jan. 5, 1955, 20 F.R. 173, fixed Jan. 31, 1955, as the date ending the period during which persons must have served in the military forces in order that such persons come within the meaning of the terms ‘‘veteran’’ and ‘‘deceased servicemen’’, contained in this section, by reason of service during the period be- ginning June 27, 1950. § 1478. Local committees to assist Secretary (a) Composition, appointment, and compensa- tion; chairman; promulgation of procedural rules; forms and equipment For the purposes of this subsection and sub- section (b) of this section, the Secretary may use the services of any existing committee of farmers operating (pursuant to laws or regula- tions carried out by the Department of Agri- culture) in any county or parish in which activi- ties are carried on under this subchapter. In any county or parish in which activities are carried on under this subchapter and in which no exist- ing satisfactory committee is available, the Sec- retary is authorized to appoint a committee composed of three persons residing in the coun- ty or parish. Each member of such existing or newly appointed committee shall be allowed compensation at the rate determined by the Secretary while engaged in the performance of duties under this subchapter and, in addition, shall be allowed such amounts as the Secretary may prescribe for necessary traveling and sub- sistence expenses. One member of the com- mittee shall be designated by the Secretary as chairman. The Secretary shall prescribe rules governing the procedures of the committees, furnish forms and equipment necessary for the performance of their duties, and authorize and provide for the compensation of such clerical as- sistance as he deems may be required by any committee. (b) Duties The committees utilized or appointed pursu- ant to this section may examine applications of persons desiring to obtain the benefits of section 1471(a)(1) and (2) of this title as they relate to the successful operation of a farm, and may sub- mit recommendations to the Secretary with re- spect to each applicant as to whether the appli- cant is eligible to receive such benefits, whether by reason of his character, ability, and experi- ence he is likely successfully to carry out under- takings required of him under a loan under such section, and whether the farm with respect to which the application is made is of such char- acter that there is a reasonable likelihood that the making of the loan requested will carry out the purposes of this subchapter. The committees may also certify to the Secretary with respect to the amount of any loan. (July 15, 1949, ch. 338, title V, § 508, 63 Stat. 436; Pub. L. 87–70, title VIII, § 806, June 30, 1961, 75 Stat. 188; Pub. L. 91–609, title VIII, § 803(b), Dec. 31, 1970, 84 Stat. 1807; Pub. L. 93–383, title V, § 508, Aug. 22, 1974, 88 Stat. 694.) Editorial Notes AMENDMENTS 1974—Subsec. (b). Pub. L. 93–383 substituted provi- sions relating to examination of applications under sec- tion 1471(a)(1) and (2) of this title, and certification to the Secretary with respect to amount of any loan, for provisions relating to examination of applications under provisions of this subchapter, certification to the Secretary with respect to the amount of the loan or grant, and requiring performance of such other duties as the Secretary requests. 1970—Subsec. (b). Pub. L. 91–609 substituted ‘‘may’’ for ‘‘shall’’ in first and second sentences where reading ‘‘shall examine’’, ‘‘shall submit’’, and ‘‘shall also cer- tify’’. 1961—Subsec. (a). Pub. L. 87–70, § 806(a), substituted ‘‘at the rate determined by the Secretary’’ for ‘‘at the rate of $5 per day’’. Subsec. (b). Pub. L. 87–70, § 806(b), substituted ‘‘certify to the Secretary as to the amount of the loan or grant’’