dreamproit/uscode huggingface dataset:
42 U.S.C. § 2306 (THE PUBLIC HEALTH AND WELFARE)
§ 2306. Qualification to purchase
No officer or employee of the Commission or of any other Federal agency (including officers and members of the Armed Forces) shall be disqualified from purchasing any property or exercising any right or privilege under this chapter, but no such officer or employee shall make any determination as to his own eligibility or priority, or as to valuation, price, or terms of sale and financing of property sold to him.
(Aug. 4, 1955, ch. 543, ch. 11, § 112, 69 Stat. 483.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2307 (THE PUBLIC HEALTH AND WELFARE)
§ 2307. Form and contents of contracts, mortgages, and other instruments
Contracts entered into pursuant to this chapter and other instruments executed pursuant to this chapter shall be in such form and contain such provisions, consistent with this chapter, as the Commission shall prescribe; and shall be as simple and concise as possible. Any mortgage shall contain terms which will place the United States in the same position, with respect to any mortgages it may hold under the provisions of subchapter V, as that occupied by a private lender under the applicable State laws for the relief of mortgagors with respect to deficiency judgments.
(Aug. 4, 1955, ch. 543, ch. 11, § 113, 69 Stat. 483.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2308 (THE PUBLIC HEALTH AND WELFARE)
§ 2308. Conclusive evidence of compliance with chapter
A deed, lease, contract, or other instrument executed by or on behalf of the Commission purporting to transfer title or any other interest in property disposed of pursuant to this chapter shall be conclusive evidence of compliance with the provisions of this chapter and rules and regulations promulgated thereunder, insofar as concerns title or other interest of any bona fide grantee or transferee for value without notice of lack of such compliance, and his successors in title.
(Aug. 4, 1955, ch. 543, ch. 11, § 114, 69 Stat. 483.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2309 (THE PUBLIC HEALTH AND WELFARE)
§ 2309. Administrative review
Determinations authorized by this chapter to be made by the Commission as to classification, priorities, prices, and terms and conditions of sale of property disposed under this chapter shall be subject to review only in accordance with such provisions for administrative review or reconsideration as the Commission may prescribe.
(Aug. 4, 1955, ch. 543, ch. 11, § 115, 69 Stat. 483.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2310 (THE PUBLIC HEALTH AND WELFARE)
§ 2310. Repossession of property; powers of Commission
The Commission is authorized to repossess any property sold by it in accordance with the terms of any contract to purchase, mortgage or other instrument, and to sell or make any other disposition of any property so repossessed and any property purchased by it pursuant to section 2366 of this title. Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, the Commission shall have power to deal with, complete, operate, rent, renovate, modernize, insure, or sell for cash or credit, in its discretion, any properties acquired pursuant to this chapter, and to pursue to final collection, by way of compromise or otherwise, all claims arising pursuant to this section: Provided, That expenses authorized by this section shall be considered nonadministrative expenses: Provided further, That section 6101 of title 41 shall not apply to any contract entered into pursuant to this section if the amount thereof does not exceed $1,000.
(Aug. 4, 1955, ch. 543, ch. 11, § 116, 69 Stat. 483; July 25, 1956, ch. 731, § 3, 70 Stat. 653.)
heading: Editorial Notes
heading: Codification
text: In text, “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
heading: Amendments
text: 1956—Act July 25, 1956, specifically enumerated powers of the Commission in relation to properties acquired pursuant to this chapter, authorized final collection of claims by way of compromise or otherwise, to provide that expenses authorized by this section shall be considered nonadministrative expenses, and excepted contracts that do not exceed $1,000 from provisions of section 5 of title 41.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2311 (THE PUBLIC HEALTH AND WELFARE)
§ 2311. Community Disposal Operations Fund
(a) Establishment
There is established as of June 30, 1956, a Community Disposal Operations Fund, and the Commission (or the head of such agency as may be carrying out the sales and financing functions of the Commission pursuant to a delegation by the President under section 2313 of this title) is authorized to credit said fund with all moneys hereafter obtained or now held by it and to account under said fund for all assets and liabilities held or acquired by it in connection with its sales and financing functions under this chapter, and to make temporary advances to such fund, from any other funds available for expenses of operations of such Commission or agency, as may be required to carry out such functions pending the realization of sufficient proceeds under the provisions of this chapter: Provided, That any such advances shall be repaid to the source appropriation or fund, to the extent of any unobligated balances available in the Community Disposal Operations Fund, prior to the close of the fiscal year during which such advances are made.
(b) Availability
The Community Disposal Operations Fund shall be available to pay for all necessary costs, expenses (including administrative expenses), losses or obligations incurred in connection with the aforesaid functions, including expenses incident to sale, or other transfer and any financing under section 2362 of this title, indemnities under sections 2363 to 2366 of this title, and expenses authorized by section 2310 of this title, and expenses in connection with the defense and payment of any claims for breaches of warranties and covenants of title of any property disposed of pursuant to this chapter.
(c) Liquidating dividends
Any amount in said fund which is determined to be in excess of requirements for the purposes thereof shall be declared and paid as liquidating dividends to the Treasury, not less often than annually.
(Aug. 4, 1955, ch. 543, ch. 11, § 117, 69 Stat. 483; July 25, 1956, ch. 731, § 4, 70 Stat. 654.)
heading: Editorial Notes
heading: Amendments
text: 1956—Act July 25, 1956, amended section generally to establish the Community Disposal Operations Fund, to provide for its availability, and to require excess amounts to be paid as liquidating dividends to the Treasury. Former provisions of this section required that the net proceeds derived by the Commission from the disposal of property pursuant to this chapter were to be covered into the Treasury.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2312 (THE PUBLIC HEALTH AND WELFARE)
§ 2312. Authorization of appropriations
(a) No appropriation shall be made to carry out the provisions and purposes of this chapter unless previously authorized by legislation enacted by Congress.
(b) There are authorized to be appropriated the sum of $518,000 at Oak Ridge, the sum of $2,215,000 at Richland and the sum of $8,719,000 at Los Alamos for construction, modification, or expansion of municipal installations and utilities authorized to be transferred pursuant to subchapters VI and VII of this chapter.
(Aug. 4, 1955, ch. 543, ch. 11, § 118, 69 Stat. 484; July 25, 1956, ch. 731, §§ 5, 6, 70 Stat. 654; Pub. L. 87–719, § 24, Sept. 28, 1962, 76 Stat. 666; Pub. L. 90–190, § 4, Dec. 14, 1967, 81 Stat. 576.)
heading: Editorial Notes
heading: Amendments
text: 1967—Subsec. (a). Pub. L. 90–190 substituted provisions prohibiting making of appropriations to carry out provisions and purposes of this chapter unless previously authorized by legislation enacted by Congress for provisions granting authority to appropriate such sums as may be necessary and appropriate to carry out provisions and purposes of this chapter.
1962—Subsec. (b). Pub. L. 87–719 authorized an appropriation of $8,719,000 at Los Alamos and use of appropriations for utilities.
1956—Subsec. (b). Act July 25, 1956, § 6, substituted “$2,215,000” for “$2,165,000”.
Subsec. (c). Act July 25, 1956, § 5, repealed subsec. (c) which appropriated funds derived from disposal of property to pay any costs, losses, expenses, or obligations incurred by Commission. See section 2311(b) of this title.
42 U.S.C. § 2313 (THE PUBLIC HEALTH AND WELFARE)
§ 2313. Transfer of functions
The President is authorized to delegate the duties and responsibilities placed on the Commission by this chapter to such other agencies of the United States Government as are reasonably qualified to perform those duties and responsibilities. The President may delegate any or all of the duties and responsibilities of the Commission in the operation of the communities to such other agencies of the United States Government that are reasonably qualified to perform those duties and responsibilities. The Commission shall retain no financing duties and responsibilities.
(Aug. 4, 1955, ch. 543, ch. 10, § 101, 69 Stat. 482.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
heading: Executive Documents
heading: Executive Order No. 10657
text: Ex. Ord. No. 10657, eff. Feb. 14, 1956, 21 F.R. 1063, as amended by Ex. Ord. No. 10734, eff. Oct. 17, 1957, 22 F.R. 8275; Ex. Ord. No. 11105, eff. Apr. 18, 1963, 28 F.R. 3909, which related to the transfer of certain functions of the Atomic Energy Commission under this chapter to the Housing and Home Finance Administrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
heading: Executive Order No. 11105
text: Ex. Ord. No. 11105, eff. Apr. 18, 1963, 28 F.R. 3909, which provided for the transfer of certain functions of the Atomic Energy Commission under this chapter to the Housing and Home Finance Administrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
42 U.S.C. § 2321 (THE PUBLIC HEALTH AND WELFARE)
§ 2321. Lots; establishment of boundaries
The Commission is authorized to plat each community immediately upon passage of this chapter, or immediately upon the inclusion of the community within the provisions of this chapter. The Commission may establish lot boundaries, and realine, divide, or enlarge existing tracts as it deems appropriate.
(Aug. 4, 1955, ch. 543, ch. 3, § 31, 69 Stat. 474.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2322 (THE PUBLIC HEALTH AND WELFARE)
§ 2322. Appraisal of property
The Commission shall proceed to secure appraisals of all property at the community which is to be sold pursuant to this chapter. The appraisals shall be made by the Secretary of Housing and Urban Development or his designee. The Secretary of Housing and Urban Development shall be reimbursed from the Community Disposal Operations Fund for the cost of such appraisals. Appraisals made under this section shall be the appraisals on which the Secretary of Housing and Urban Development may insure any mortgage or loan under the National Housing Act [12 U.S.C. 1701 et seq.] until such time as he finds that the appraisal values generally in the community no longer represent the fair market values of the properties.
(Aug. 4, 1955, ch. 543, ch. 3, § 32, 69 Stat. 474; Pub. L. 87–719, § 5, Sept. 28, 1962, 76 Stat. 664; Pub. L. 90–19, § 11, May 25, 1967, 81 Stat. 23.)
heading: Editorial Notes
heading: References in Text
text: The National Housing Act, referred to in text, is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
heading: Amendments
text: 1967—Pub. L. 90–19 substituted “Secretary of Housing and Urban Development” for “Federal Housing Commissioner” wherever appearing.
1962—Pub. L. 87–719 substituted “The Federal Housing Commissioner shall be reimbursed from the Community Disposal Operations Fund for the cost of such appraisals” for “The Commission shall reimburse the Federal Housing Commissioner for the cost of such appraisals”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2324 (THE PUBLIC HEALTH AND WELFARE)
§ 2324. Posting of lists showing appraised value
Lists showing the appraised value of each parcel of property to be offered for sale to priority purchasers shall, prior to the offering of such property for sale, be made available for public inspection, at reasonable times, at the offices of the Commission at the community.
(Aug. 4, 1955, ch. 543, ch. 3, § 34, 69 Stat. 474.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2325 (THE PUBLIC HEALTH AND WELFARE)
§ 2325. Sales price
(a) Government-owned single or duplex houses
In the sale to priority purchasers of properties on which are located Government-owned single or duplex houses, the sales price shall be the appraised value less a deduction of 15 per centum of the appraised value and less the deductions provided by section 2326 of this title.
(b) Other properties
In all other cases the sales price to priority purchasers shall be the appraised value less the deductions provided by section 2326 of this title, except that sales made under sections 2343(b) and 2343(c) of this title shall be made at the prices set forth therein.
(c) Appraised value of interest in commercial prop­erty
The appraised value of the Government’s interest in commercial property shall, in the cases where renegotiation of the lease is requested by the lessee under the provisions of section 2201(e) of this title be based upon the renegotiated lease if any is agreed on. Where such renegotiations are requested, the sales proceedings shall not be initiated until the completion of the renegotiation.
(Aug. 4, 1955, ch. 543, ch. 3, § 35, 69 Stat. 474; Pub. L. 85–162, title II, § 202, Aug. 21, 1957, 71 Stat. 410.)
heading: Editorial Notes
heading: Amendments
text: 1957—Subsec. (c). Pub. L. 85–162 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Report With Respect to Renegotiations, Reappraisals, and Sales Proceedings
text: Pub. L. 85–162, title II, § 203, Aug. 21, 1957, 71 Stat. 410, required Atomic Energy Commission, Federal Housing Administration, and Housing and Home Finance Agency to report to Joint Committee by Jan. 31, 1958, with respect to renegotiations, reappraisals, and sales proceedings authorized under subsec. (c) of this section.
42 U.S.C. § 2326 (THE PUBLIC HEALTH AND WELFARE)
§ 2326. Deductions from sales price
(a) Improvements
In addition to any other deduction which may be permitted from the sales price for property, there shall, upon application by the prospective purchaser, be deducted the amount by which the current fair market value of the Government’s interest in the premises is enhanced as a result of improvements to the premises made by, or at the expense of, the prospective purchaser: Provided, That, with reference to commercial property, the improvement credit allowed shall be the value of the enhancement of the Government’s interest in the property, as determined by the Commission on the basis of the appraisal provided for under section 2322 of this title: Provided further, That such credit shall be reduced to the extent that lessee has been previously compensated therefor, as determined by the Commission, under the terms of the lease or otherwise.
(b) Improvements by occupant of single family or duplex house
An occupant of a single family or duplex house shall, upon application therefor, be entitled to a credit, against the purchase price of any residential property purchased through the exercise of a priority right established under the provisions of section 2332 of this title, for the amount by which the current fair market value of the Government’s interest in the single family or duplex house of which he was an occupant is enhanced as a result of improvements to the premises of such single family or duplex house made by, or at the expense of, such occupant.
(c) Determination of value of improvements
The value of the improvements as specified in subsections (a) and (b) shall be determined in accordance with the provisions of section 2322 of this title.
(d) Additional deduction to persons purchasing property without benefit of indemnity provisions
Persons purchasing property pursuant to the provisions of section 2342 of this title, who do not desire to avail themselves of the indemnity provisions contained in sections 2363 to 2366 of this title, shall be entitled to an additional deduction of 10 per centum of the appraised value of the property in addition to any other deduction set forth in this section.
(Aug. 4, 1955, ch. 543, ch. 3, § 36, 69 Stat. 474; July 25, 1956, ch. 731, § 1, 70 Stat. 653; Pub. L. 87–719, § 6, Sept. 28, 1962, 76 Stat. 664.)
heading: Editorial Notes
heading: Amendments
text: 1962—Subsec. (b). Pub. L. 87–719 substituted authorization of a credit for improvements by occupant of single family or duplex house for such improvements by junior occupant of duplex house.
1956—Subsec. (a). Act July 25, 1956, authorized an improvement credit for commercial property.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2331 (THE PUBLIC HEALTH AND WELFARE)
§ 2331. Classification of property
(a) Property within each community
Immediately upon passage of this chapter, or, in the case of Los Alamos, upon its inclusion within this chapter, the Commission shall classify all real property (including such improvements and such fixtures, equipment and other personal property incident thereto as it may deem appropriate) within each community in accordance with such classifications as shall insure reasonably similar treatment for reasonably similar property. The classification shall be made by such procedures, consistent with this subchapter, as it shall determine.
(b) Property at or in vicinity of each community
The Commission may, but shall not be required to, classify any other real property at or in the vicinity of the community, whether within or outside of that community.
(c) Residential structures within each community
Prior to the date any residential property is first offered for sale at Los Alamos, the Commission shall further classify each residential structure within the community of Los Alamos either as a single family house, a duplex house, an apartment house, a dormitory, or as a residential structure containing two or more separate single family units and shall post, at the offices of the Commission at Los Alamos, a list, available for public inspection at reasonable times, showing the classification of each such residential structure. For the purposes of this chapter, each such residential structure will thereafter be deemed to be a single family house, a duplex house, an apartment house, a dormitory, or a residential structure containing two or more separate single family units in accordance with its classification. In determining the classification of each such residential structure containing two or more single family units, the Commission shall consider (1) the practicability of selling separately the single family units, and (2) the insurability of mortgages under section 1715n(a) of title 12.
(Aug. 4, 1955, ch. 543, ch. 4, § 41, 69 Stat. 475; Pub. L. 87–719, §§ 7, 8, Sept. 28, 1962, 76 Stat. 664.)
heading: Editorial Notes
heading: Amendments
text: 1962—Subsec. (a). Pub. L. 87–719, § 7, inserted “, or, in the case of Los Alamos, upon its inclusion within this chapter” after “chapter”.
Subsec. (c). Pub. L. 87–719, § 8, added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
42 U.S.C. § 2332 (THE PUBLIC HEALTH AND WELFARE)
§ 2332. Priorities; uniformity; preferences; impairment of rights
The Commission shall establish, by rule or regulation, a detailed system of reasonable and fair priority rights applicable to the sale of Government-owned property to private purchasers at each community. The priorities shall—
(a) be uniform in each class or subclass of property;
(b) give such preference to occupants and project-connected persons and to incoming employees of the Commission, of a contractor, or of a licensee as the Commission finds necessary or desirable, giving due consideration to the following factors:
(1) The retention and recruitment of personnel essential to the atomic energy program;
(2) The minimization of dislocations within the community;
(3) The expeditious accomplishment of the disposal program; and
(4) The desirability of encouraging private firms to locate or remain in the community;
(c) give the occupant of a Government-owned single family house, and the senior occupant of a duplex house, at least ninety days in which to exercise the first right of priority;
(d) permit persons who have formerly been occupants, project-connected persons, or inhabitants of the community, upon application therefor, to have such priority as the Commission finds to be fair and equitable; and
(e) not impair any rights, including purchase rights, conferred by existing leases and covenants.
(Aug. 4, 1955, ch. 543, ch. 4, § 42, 69 Stat. 475.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.