42 U.S.C. § 1592n — Definitions

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-