42 U.S.C. § 1592o — Powers of Surgeon General of Public

Page 4856 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592n the Administrator of any function conferred upon him by the Act. 12. As used in this order the term ‘‘functions’’ em- braces duties, powers, responsibilities, authority, or discretion, and the term ‘‘perform’’ may be construed to mean ‘‘exercise’’. § 1592n. Definitions As used in this subchapter, the following terms shall have the meanings respectively as- cribed to them below, and, unless the context clearly indicates otherwise, shall include the plural as well as the singular number: (a) ‘‘State’’ shall mean the several States, the District of Columbia, and Territories, and pos- sessions of the United States. (b) ‘‘Federal agency’’ shall mean any executive department or officer (including the President), independent establishment, commission, board, bureau, division, or office in the executive branch of the United States Government, or other agency of the United States, including corporations in which the United States owns all or a majority of the stock, directly or indi- rectly. (c) ‘‘Community facility’’ shall mean water- works, sewers, sewage, garbage and refuse dis- posal facilities, police and fire protection facili- ties, public sanitary facilities, works for treat- ment and purification of water, libraries, hos- pitals and other places for the care of the sick, recreational facilities, streets and roads, and day-care centers. (d) ‘‘Community service’’ shall mean the maintenance and operation of facilities for health, refuse disposal, sewage treatment, recre- ation, water purification, and day-care centers, and the provision of fire-protection. (e) ‘‘National defense’’ shall mean (1) the oper- ations and activities of the armed forces, the Atomic Energy Commission, or any other Gov- ernment department or agency directly or indi- rectly and substantially concerned with the na- tional defense, (2) other operations and activi- ties directly or indirectly and substantially con- cerned with the operations and activities of the armed forces and the Atomic Energy Commis- sion, (3) activities in connection with the Mu- tual Defense Assistance Act of 1949, as amended, or (4) the provision of community facilities or services necessary to the health, safety, or pub- lic welfare of the inhabitants of a town or com- munity which has been relocated as a result of the acquisition (through eminent domain or pur- chase in lieu thereof) of its former site by or on behalf of the Atomic Energy Commission for na- tional-defense activities. (f) ‘‘Nonprofit agency’’ shall mean any agency no part of the net earnings of which inures to the benefit of any private stockholder or indi- vidual. (g) ‘‘Project’’ shall mean housing or commu- nity facilities acquired, developed, or con- structed with financial assistance pursuant to this subchapter. (h) ‘‘Veteran’’ shall mean a person, or the fam- ily of a person, who has served in the active military or naval service of the United States at any time (i) on or after September 16, 1940, and prior to July 26, 1947, (ii) on or after April 6, 1917, and prior to November 11, 1918, or (iii) on or after June 27, 1950, and prior to such date there- after as shall be determined by the President, and who shall have been discharged or released therefrom under conditions other than dishonor- able or who shall be still serving therein. The term shall also include the family of a person who served in the active military or naval serv- ice of the United States within any such period and who shall have died of causes determined by the Secretary of Veterans Affairs to have been service-connected. (Sept. 1, 1951, ch. 378, title III, § 315, 65 Stat. 309; June 30, 1953, ch. 170, § 18, 67 Stat. 126; Pub. L. 102–54, § 13(q)(7)(B), June 13, 1991, 105 Stat. 281.) Editorial Notes REFERENCES IN TEXT The Mutual Defense Assistance Act of 1949, referred to in subsec. (e), is act Oct. 6, 1949, ch. 626, 63 Stat. 714, which was classified generally to chapter 20 (§ 1571 et seq.) of Title 22, Foreign Relations and Intercourse, prior to its repeal by act Aug. 26, 1954, ch. 937, title V, § 542(a)(5), (9) to (11), 68 Stat. 861. For complete classi- fication of this Act to the Code, see Tables. AMENDMENTS 1991—Subsec. (h). Pub. L. 102–54 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’. 1953—Subsec. (e)(4). Act June 30, 1953, added cl. (4). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS 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. § 1592o. Powers of Surgeon General of Public Health Service Notwithstanding any other provision of this subchapter, all functions, powers, and duties under this subchapter and section 1591b of this title with respect to health, refuse disposal, sew- age treatment, and water purification shall be exercised by and vested in the Surgeon General of the Public Health Service: Provided, That the Surgeon General shall have power to delegate to any other Federal agency functions, powers, and duties with respect to construction. (Sept. 1, 1951, ch. 378, title III, § 316, 65 Stat. 310.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of 1966 Reorg. Plan. No. 3, set out as a note under section 202 of this title. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Serv- Page 4857 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1594 ices, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. SUBCHAPTER X—DEVELOPMENT SITES FOR ISOLATED DEFENSE INSTALLATIONS Statutory Notes and Related Subsidiaries EXPIRATION DATE For expiration of authority of Housing and Home Ad- ministrator to act under this subchapter, see section 1591c of this title. §§ 1593 to 1593d. Repealed. June 30, 1953, ch. 170, § 19, 67 Stat. 126 Section 1593, acts Sept. 1, 1951, ch. 378, title IV, § 401, 65 Stat. 310; July 14, 1952, ch. 723, § 10(d), 66 Stat. 604, re- lated to acquisition of land for housing and community facilities. Section 1593a, act Sept. 1, 1951, ch. 378, title IV, § 402, 65 Stat. 310, related to acquisition of land for defense installations. Section 1593b, act Sept. 1, 1951, ch. 378, title IV, § 403, 65 Stat. 311, related to payment of annual sums to local authorities in lieu of taxes. Section 1593c, act Sept. 1, 1951, ch. 378, title IV, § 404, 65 Stat. 311, related to use of Treasury moneys. Section 1593d, act Sept. 1, 1951, ch. 378, title IV, § 405, 65 Stat. 311, related to acquisition of land for privately financed defense housing. § 1593e. Housing of persons displaced by acquisi- tion of property for defense installations or industries Upon a finding by the Secretary of Housing and Urban Development that the acquisition of any real property for a defense installation or industry has resulted, or will result, in the dis- placement of persons from their homes on such property, he may (notwithstanding any other provision of this or any other law) issue regula- tions pursuant to which such persons may be permitted to occupy or purchase housing for which credit restrictions established pursuant to the Defense Production Act of 1950 [50 U.S.C. 4501 et seq.] have been relaxed or housing which has been provided or assisted under the provi- sions of this Act (including amendments to other Acts provided herein), subject to any con- ditions or requirements that he determines nec- essary for purposes of national defense. (Sept. 1, 1951, ch. 378, title VI, § 611, 65 Stat. 316; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT The Defense Production Act of 1950, referred to in text, is act Sept. 8, 1950, ch. 932, 64 Stat. 798, which is classified to chapter 55 (§ 4501 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. This Act and herein, referred to in text, mean act Sept. 1, 1951, ch. 378, 65 Stat. 293, known as the Defense Housing and Community Facilities and Services Act of 1951. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under section 1501 of this title and Tables. 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. SUBCHAPTER XI—HOUSING FOR MILITARY PERSONNEL § 1594. Contracts for construction (a) Contract provisions; competitive bids The Secretary of Defense or his designee is au- thorized to enter into contracts with any eligi- ble bidder to provide for the construction of ur- gently needed housing on lands owned or leased by the United States and situated on or near a military reservation or installation for the pur- pose of providing suitable living accommoda- tions for military personnel of the armed serv- ices assigned to duty at the military installa- tion at or in the area where the housing is situ- ated. Any such contract shall provide that each housing unit in the project shall be placed under the control of the Secretary of Defense, or his designee, as soon as the unit is available for oc- cupancy as determined by the Secretary of Housing and Urban Development. Any such con- tract shall also provide that, except for stock held by the Secretary of Housing and Urban De- velopment, the capital stock of the mortgagor (where the mortgagor is a corporation) be trans- ferred to the Secretary of Defense, or his des- ignee, when the housing has been completed as determined by the Secretary of Housing and Urban Development. Any such contract shall contain such terms and conditions as the Sec- retary of Defense may determine to be necessary to protect the interests of the United States. Any such contract shall provide for the fur- nishing by the contractor of a performance bond and a payment bond with a surety or sureties satisfactory to the Secretary of Defense, or his designee, and the furnishing of such bonds shall be deemed a sufficient compliance with the pro- visions of section 3131 of title 40, and no addi- tional bonds shall be required under such sec- tion. Before the Secretary of Defense shall enter into any contract as authorized by this section for the construction of housing, he shall invite the submission of competitive bids after adver- tising in the manner prescribed in chapters 221 and 241 of title 10. (b) ‘‘Eligible bidder’’ defined For the purposes of this subchapter, the term ‘‘eligible bidder’’ means a person, partnership, firm, or corporation determined by the Sec- retary of Defense after consultation with the Secretary of Housing and Urban Development (1) to be qualified by experience and financial re- sponsibility to construct housing of the type de- scribed in subsection (a) of this section, and (2) to have submitted the lowest acceptable bid. (c) Acquisition of capital stock of property cov- ered by mortgage Notwithstanding any other provision of law, the Secretary of Defense or his designee is au- thorized to acquire the capital stock of mortga- gors holding property covered by a mortgage in- sured under title VIII of the National Housing Act as amended by the Housing Amendments of 1955 [12 U.S.C. 1748 et seq.], and to exercise the rights as holder of such capital stock during the life of such mortgage and, upon the termination of the mortgage, to dissolve the corporation; to guarantee the payment of notes or other legal