42 U.S.C. § 1594e — Definitions

Page 4862 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1594d bility Statement’’ fees in connection with such family housing. The Secretary of Defense is fur- ther authorized to enter into arrangements by contract or otherwise for eventual acquisition by the Government, without cost to the Govern- ment of all right, title, and interest in sites on which housing is constructed pursuant to this title and improvements thereon. (Aug. 11, 1955, ch. 783, title IV, § 406, 69 Stat. 653; Aug. 7, 1956, ch. 1029, title V, § 509, 70 Stat. 1110; Pub. L. 90–19, § 12(f), (h)(7), (8), May 25, 1967, 81 Stat. 24.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, means title IV of act Aug. 11, 1955, ch. 783, 69 Stat. 646, which enacted sec- tions 1594 and 1594a, 1594b to 1594f of this title, amended sections 1720, 1748, and 1748a to 1748g of Title 12, Banks and Banking, and enacted provisions set out as a note under section 1748 of Title 12. For complete classifica- tion of this Act to the Code, see Tables. The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. AMENDMENTS 1967—Pub. L. 90–19 substituted ‘‘Secretary of Housing and Urban Development’’ and ‘‘Department of Housing and Urban Development’’ for ‘‘Public Housing Adminis- tration’’ and ‘‘Federal Housing Administration’’ in first sentence and first proviso and for ‘‘Federal Housing Ad- ministration’’ in penultimate sentence and ‘‘Secretary of Defense’’ for ‘‘Secretary’’ in third proviso and last two sentences, respectively. 1956—Act Aug. 7, 1956, inserted second proviso requir- ing plans, drawings, and specifications to follow the principle of modular measure, so the housing may be built by conventional construction, on-site fabrication, factory precutting, factory fabrication, or any com- bination of these construction methods. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1594d. Appropriations; use of quarters allow- ances (a) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 1594, 1594a, 1594b, and 1594c of this title. (b) Any funds heretofore or hereafter author- ized to be expended by any of the military de- partments or the Coast Guard for the payment of allowances for quarters for military personnel may be used for the purposes specified in sub- section (a) above. (Aug. 11, 1955, ch. 783, title IV, § 407, 69 Stat. 653.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1594e. Definitions (a) Wherever the terms ‘‘Secretary of Defense’’ or ‘‘Secretary of the Army, Navy, or Air Force’’ appear in this title or in title VIII of the Na- tional Housing Act, as amended by the Housing Amendments of 1955 [12 U.S.C. 1748 et seq.], they shall be deemed to mean the Secretary of Trans- portation in the case of the application of the provisions of this subchapter or of title VIII of the National Housing Act, as amended by the Housing Amendments of 1955, for the benefit of the United States Coast Guard. (b) Wherever the term ‘‘armed services’’ ap- pears in this subchapter it shall be deemed to in- clude the United States Coast Guard. (Aug. 11, 1955, ch. 783, title IV, § 409, 69 Stat. 654; Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 90–19, § 12(g), May 25, 1967, 81 Stat. 24.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsec. (a), means title IV of act Aug. 11, 1955, ch. 783, 69 Stat. 646, which enacted sec- tions 1594 and 1594a, 1594b to 1594f of this title, amended sections 1720, 1748, and 1748a to 1748g of Title 12, Banks and Banking, and enacted provisions set out as a note under section 1748 of Title 12. For complete classifica- tion of this Act to the Code, see Tables. The National Housing Act, referred to in subsec. (a), is act June 27, 1934, ch. 847, 48 Stat. 1246. Title VIII of the National Housing Act is classified generally to sub- chapter VIII (§ 1748 et seq.) of chapter 13, Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables. AMENDMENTS 1967—Subsec. (a). Pub. L. 90–19 struck out ‘‘or Sec- retary’’ after ‘‘Secretary of Defense’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transpor- tation, and all functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89–670, however, provided that notwith- standing such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when Presi- dent directs as provided in former section 3 (now 103) of Page 4863 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 1594j–1, 1594k Title 14, Coast Guard. See section 108 of Title 49, Trans- portation. § 1594f. Net floor area limitations In the construction of housing under the au- thority of this title and title VIII of the Na- tional Housing Act, as amended [12 U.S.C. 1748 et seq.], the maximum limitations on net floor area for each unit shall be the same as the net floor area limitations prescribed by law (at the time plans and specifications for such construc- tion are begun) for public quarters built with ap- propriated funds under military construction authority. (Aug. 11, 1955, ch. 783, title IV, § 410, as added Aug. 7, 1956, ch. 1029, title V, § 510, 70 Stat. 1110; amended Pub. L. 85–104, title V, § 503, July 12, 1957, 71 Stat. 303.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, means title IV of act Aug. 11, 1955, ch. 783, 69 Stat. 646, which enacted sec- tions 1594 and 1594a, 1594b to 1594f of this title, amended sections 1720, 1748, and 1748a to 1748g of Title 12, Banks and Banking, and enacted provisions set out as a note under section 1748 of Title 12. The National Housing Act, referred to in text, is act June 27, 1934, ch. 847, 48 Stat. 1246. Title VIII of the Na- tional Housing Act is classified generally to subchapter VIII (§ 1748 et seq.) of chapter 13 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables. AMENDMENTS 1957—Pub. L. 85–104 substituted ‘‘limitations pre- scribed by law (at the time plans and specifications for such construction are begun) for public quarters built with appropriated funds under military construction authority’’ for ‘‘permanent limitations prescribed in the second, third, and fourth provisos of section 3 of the act of June 12, 1948 (62 Stat. 375), or section 3 of the act of June 16, 1948 (62 Stat. 459), other than the first, sec- ond, and third provisos thereof’’. § 1594g. Repealed. Pub. L. 85–241, title IV, § 406(b), Aug. 30, 1957, 71 Stat. 556 Section, act Aug. 3, 1956, ch. 939, title IV, § 419, 70 Stat. 1018, related to conditions precedent to entering into contracts for construction or acquisition of family housing units by or for the use of military or civilian personnel of any of the military services. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 85–241, title IV, § 406(b), Aug. 30, 1957, 71 Stat. 556, provided that the repeal of this section is effective July 1, 1958. §§ 1594h to 1594i. Repealed. Pub. L. 97–214, § 7(3), (5), (9), (17), July 12, 1982, 96 Stat. 173, 174 Section 1594h, Pub. L. 85–241, title I, § 103, Aug. 30, 1957, 71 Stat. 534, related to purchase of family housing for assignment as public quarters, and space and cost limitations. Section 1594h–1, Pub. L. 87–554, title V, § 503, July 27, 1962, 76 Stat. 239, related to improvement of family housing units, public quarters designation, and cost limitations. Section 1594h–2, Pub. L. 90–110, title VI, § 610(a), Oct. 21, 1967, 81 Stat. 305; Pub. L. 93–166, title V, § 506(a), Nov. 29, 1973, 87 Stat. 675; Pub. L. 95–356, title V, § 502(b), Sept. 8, 1978, 92 Stat. 578; Pub. L. 96–418, title V, § 502(b), Oct. 10, 1980, 94 Stat. 1764, related to improvement of single family housing units and cost limitations of such improvements. See section 2825(b) of Title 10, Armed Forces. Section 1594h–3, Pub. L. 96–418, title V, § 505, Oct. 10, 1980, 94 Stat. 1765, related to settlement of contractor claims on military family housing. Section 1594i, Pub. L. 85–241, title IV, § 406(a) Aug. 30, 1957, 71 Stat. 556; Pub. L. 85–685, title V, § 512, Aug. 20, 1958, 72 Stat. 662; Pub. L. 86–149, title IV, § 408, Aug. 10, 1959, 73 Stat. 321; Pub. L. 86–500, title V, § 507(b), June 8, 1960, 74 Stat. 185; Pub. L. 87–70, title VI, § 611(b), June 30, 1961, 75 Stat. 180; Pub. L. 88–174, title V, § 510, Nov. 7, 1963, 77 Stat. 327, related to authorization of number of family housing units. See section 2822 of Title 10. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, and applicable to mili- tary construction projects, and to construction and ac- quisition of military family housing before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of Title 10, Armed Forces. § 1594j. Repealed. Pub. L. 92–545, title V, § 508(c), Oct. 25, 1972, 86 Stat. 1150 Section, Pub. L. 85–241, title IV, § 407, Aug. 30, 1957, 71 Stat. 556; Pub. L. 85–685, title V, § 516, Aug. 20, 1958, 72 Stat. 664; Pub. L. 86–372, title VII, § 702(c), Sept. 23, 1959, 73 Stat. 683; Pub. L. 86–500, title V, § 508, June 8, 1960, 74 Stat. 186; Pub. L. 87–57, title VI, § 610, June 27, 1961, 75 Stat. 111; Pub. L. 88–174, title V, § 506, Nov. 7, 1963, 77 Stat. 326; Pub. L. 89–568, title V, § 502, Sept. 12, 1966; 80 Stat. 753; Pub. L. 90–110, title VI, § 608, Oct. 21, 1967, 81 Stat. 305, provided for occupancy on a rental basis of inadequate quarters without loss of basic allowance for quarters. §§ 1594j–1, 1594k. Repealed. Pub. L. 97–214, § 7(6), (13), July 12, 1982, 96 Stat. 173, 174 Section 1594j–1, Pub. L. 92–545, title V, § 508(a), (b), Oct. 25, 1972, 86 Stat. 1149, related to inadequate quar- ters. Section 1594k, Pub. L. 88–174, title V, § 507, Nov. 7, 1963, 77 Stat. 326; Pub. L. 89–188, title V, § 505, Sept. 16, 1965, 79 Stat. 814; Pub. L. 90–110, title VI, § 605, Oct. 21, 1967, 81 Stat. 304; Pub. L. 90–408, title VI, § 607, July 21, 1968, 82 Stat. 388; Pub. L. 91–142, title V, § 508, Dec. 5, 1969, 83 Stat. 312; Pub. L. 91–511, title V, § 507, Oct. 26, 1970, 84 Stat. 1220; Pub. L. 92–145, title V, § 507, Oct. 27, 1971, 85 Stat. 407; Pub. L. 92–545, title V, § 507, Oct. 25, 1972, 86 Stat. 1149; Pub. L. 93–166, title V, § 508, Nov. 29, 1973, 87 Stat. 676, related to guarantee of rental return to builders or other sponsors in foreign countries, and limitation on amount, period, and unit limitation of such guarantee. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, and applicable to mili- tary construction projects, and to construction and ac- quisition of military family housing before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of Title 10, Armed Forces. SAVINGS PROVISION Pub. L. 97–214, § 9(b), July 12, 1982, 96 Stat. 174, pro- vided that the Secretary of Defense could continue in effect any agreement guaranteeing rental returns to builders or other sponsors of family housing in foreign countries under section 1594k of this title before Oct. 1, 1982, and may exercise any option of the United States