42 U.S.C. § 1544 — Power of Secretary of Housing and Urban

Page 4826 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1541 contributions for the operation day care or extended school services for children of mothers employed in war areas if and when the War-Area-Child-Care Act of 1943 (S. 1130, Seventy-eighth Congress, first session), be- comes law, no grant, loan, or contribution for the maintenance or operation of public schools in any State be made without prior consultation with the State department of education and the United States Office of Education, and that none of the funds author- ized herein be used to acquire public works already op- erated by public or private agencies, except where funds were allotted for substantial additions or im- provements to such works with the consent of the owner, and that the total amount for contributions to public and private agencies for the maintenance and operation of public works after July 1, 1943, not exceed $120,000,000. ADDITIONAL APPROPRIATIONS Acts Apr. 25, 1945, ch. 95, title I, 59 Stat. 80; July 3, 1945, ch. 264, §§ 2, 3, 59 Stat. 383, provided in part for an additional $20,000,000 to enable the Federal Works Ad- ministrator to carry out the functions vested in him by sections 1531 to 1534 and 1541 of this title, which amount was to remain available during the continuance of the unlimited national emergency declared by the Presi- dent on May 27, 1941 but which was not to be available for new projects after June 30, 1946 and of which amount $800,000 was to be available for administrative expenses, and the limitation of $80,000,000 in the First Supplemental Appropriation Act, 1945, act Mar. 31, 1945, ch. 47, 95 Stat. 46, on the total amount to be allocated for contributions to public and private agencies for the maintenance and operation of public works after July 1, 1943 be increased to $85,000,000, and that in making al- locations from the funds herein appropriated for con- struction projects, priority be given to emergency projects involving an estimated cost to the Federal Government of less than $250,000. SUBCHAPTER IV—GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII § 1541. Omitted Editorial Notes CODIFICATION Section, acts Oct. 14, 1940, ch. 862, title III, § 301, for- merly § 4, 54 Stat. 1127; renumbered title III, § 301, and amended June 28, 1941, ch. 260, § 4(a), 55 Stat. 363; Apr. 10, 1942, ch. 239, § 1, 56 Stat. 212, which provided that when President declared that emergency declared by him on Sept. 8, 1939, ceased to exist, the authority con- tained in sections 1521, 1532, 1561, and 1562 of this title terminate and that property acquired or constructed under subchapters II to VII of this subchapter be dis- posed of as promptly as advantageous under cir- cumstances and in public interest, was omitted pursu- ant to act July 3, 1952, ch. 570, § 1(a)(12), 66 Stat. 332, as amended by act Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, which provided that this section continue in force until six months after the national emergency proclaimed by the President on Dec. 16, 1950 by Proc. No. 2914, 15 F.R. 9029, 64 Stat. A. 454, set out as a note preceding section 1 of Title 50, War and National Defense, or on such ear- lier date or dates as approved by Congress, but in no event beyond July 1, 1953. § 1542. Transfer of funds from other Federal agencies to Secretary of Housing and Urban Development Where any Federal agency has funds for the provision of housing in connection with na- tional-defense activities it may, in its discre- tion, make transfers of those funds, in whole or in part, to the Secretary of Housing and Urban Development, and the funds so transferred shall be available for, but only for, any or all of the objects and purposes of and in accordance with all the authority and limitations contained in subchapters II to VII of this chapter, and for ad- ministrative expenses in connection therewith. (Oct. 14, 1940, ch. 862, title III, § 302, formerly § 5, 54 Stat. 1127; renumbered title III, § 302, June 28, 1941, ch. 260, § 4(b), 55 Stat. 363; amended Ex. Ord. No. 9070, § 1, eff. Feb. 24, 1942, 7 F.R. 1529; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT Subchapters III and VI of this chapter, referred to in text, were comprised of sections 1531 to 1536 and 1571 to 1576, respectively, of this title and have been omitted from the Code. For further details, see note set out under section 1522 of this title. AMENDMENTS 1950—Act Apr. 20, 1950, substituted ‘‘Housing and Home Finance Administrator’’ for ‘‘National Housing Administrator’’. 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 1522 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Works Administrator relating to defense housing consolidated with other agencies into National Housing Agency during World War II by Ex. Ord. No. 9070. § 1543. Omitted Editorial Notes CODIFICATION Section, acts Oct. 14, 1940, ch. 862, title III, § 303, for- merly § 6, 54 Stat. 1127; renumbered title III, § 303, June 28, 1941, ch. 260, § 4(b), 55 Stat. 363; amended Ex. Ord. No. 9070, § 1, eff. Feb. 24, 1942, 7 F.R. 1529; July 7, 1943, ch. 196, § 3, 57 Stat. 388; Feb. 18, 1946, ch. 30, title I, § 101, 60 Stat. 9; June 11, 1948, ch. 448, 62 Stat. 356; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73, which related to disposi- tion of moneys derived from rentals or operations of ac- quired or constructed property and to establishment, limitations on, and termination of reserves, was omit- ted in view of the omission of section 1541 of this title. § 1544. Power of Secretary of Housing and Urban Development to manage, convey, etc., hous- ing properties Notwithstanding any other provisions of law, whether relating to the acquisition, handling, or disposal of real or other property by the United States or to other matters, the Secretary of Housing and Urban Development, with respect to any property acquired or constructed under the provisions of subchapters II to VII of this chapter, is authorized by means of Government personnel, selected qualified private agencies, or public agencies (a) to deal with, maintain, oper- ate, administer, and insure; (b) to pursue to Page 4827 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1546 final collection by way of compromise or other- wise, all claims arising therefrom; (c) to rent, lease, exchange, sell for cash or credit, and con- vey the whole or any part of such property and to convey without cost portions thereof to local municipalities for street or other public use: Provided, That any such transaction shall be upon such terms, including the period of any lease, as may be deemed by the Secretary of Housing and Urban Development to be in the public interest: Provided further, That the Sec- retary of Housing and Urban Development shall fix fair rentals, on projects developed pursuant to subchapters II to VII of this chapter, which shall be based on the value thereof as deter- mined by him, with power during the emer- gency, in exceptional cases, to adjust the rent to the income of the persons to be housed, and that rentals to be charged for Army, Air Force, and Navy personnel shall be fixed by the Depart- ments of the Army, Air Force, and Navy: Pro- vided further, That any lease authorized here- under shall not be subject to the provisions of section 1302 of title 40. As used in this section the term ‘‘local municipalities’’ shall include the District of Columbia. (Oct. 14, 1940, ch. 862, title III, § 304, formerly § 7, 54 Stat. 1127; renumbered title III, § 304, June 28, 1941, ch. 260, § 4(b), 55 Stat. 363; amended Jan. 21, 1942, ch. 14, § 6, 56 Stat. 12; Ex. Ord. No. 9070, § 1, eff. Feb. 24, 1942, 7 F.R. 1529; Apr. 10, 1942, ch. 239, § 2, 56 Stat. 212; July 26, 1947, ch. 343, title II, §§ 205(a), 207(a), (f), 61 Stat. 501–503; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT Subchapters III and VI of this chapter, referred to in text, were comprised of sections 1531 to 1536 and 1571 to 1576, respectively, of this title and have been omitted from the Code. For further details, see note set out under section 1522 of this title. CODIFICATION In text, ‘‘section 1302 of title 40’’ substituted for ‘‘sec- tion 321 of the Act of June 30, 1932 (47 Stat. 412)’’ on au- thority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 1950—Act Apr. 20, 1950, substituted ‘‘Housing and Home Finance Administrator’’ for ‘‘National Housing Administrator’’ wherever appearing. 1942—Act Apr. 10, 1942, inserted last sentence. Act Jan. 21, 1942, amended second proviso. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of the Air Force inserted to conform to act July 26, 1947, ch. 343, title II, § 207(a), (f), 61 Stat. 502, 503, and Secretary of Defense Transfer Orders No. 14, eff. July 1, 1948, and No. 40 [App. B(129)], July 29, 1949. Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501. Sections 205(a) and 207(a), (f) of act July 26, 1947, were repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Act Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 1, en- acted ‘‘Title 10, Armed Forces’’, which in sections 3010 to 3013 and 8010 to 8013 continued Departments of the Army and Air Force under administrative supervision of Secretary of the Army and Secretary of the Air Force, respectively. TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1522 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Works Administrator relating to defense housing consolidated with other agencies into National Housing Agency during World War II by Ex. Ord. No. 9070. § 1545. Omitted Editorial Notes CODIFICATION Section, acts Oct. 14, 1940, ch. 862, title III, § 305, for- merly § 8, 54 Stat. 1127; renumbered title III, § 305, June 28, 1941, ch. 260, § 4(b), 55 Stat. 363; amended Jan. 21, 1942, ch. 14, § 7, 56 Stat. 12; Ex. Ord. No. 9070, § 1, eff. Feb. 24, 1942, 7 F.R. 1529; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73, which related to utilization of Federal and local agencies and private services, was omitted in view of the omission of section 1541 of this title. § 1546. Payment of annual sums to local authori- ties in lieu of taxes The Secretary of Housing and Urban Develop- ment shall pay from rentals annual sums in lieu of taxes to any State and/or political subdivision thereof, with respect to any real property ac- quired and held by him under subchapters II to VII of this chapter, including improvements thereon. The amount so paid for any year upon such property shall approximate the taxes which would be paid to the State and/or subdivision, as the case may be, upon such property if it were not exempt from taxation, with such allowance as may be considered by him to be appropriate for expenditure by the Government for streets, utilities, or other public services to serve such property. As used in this section the term ‘‘State’’ shall include the District of Columbia. (Oct. 14, 1940, ch. 862, title III, § 306, formerly § 9, 54 Stat. 1127; renumbered title III, § 306, and amended June 28, 1941, ch. 260, § 4(b), 55 Stat. 363; Jan. 21, 1942, ch. 14, § 8, 56 Stat. 12; Ex. Ord. No. 9070, § 1, eff. Feb. 24, 1942, 7 F.R. 1529; Apr. 10, 1942, ch. 239, § 3(a), 56 Stat. 212; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT Subchapters III and VI of this chapter, referred to in text, were comprised of sections 1531 to 1536 and 1571 to 1576, respectively, of this title and have been omitted from the Code. For further details, see note set out under section 1522 of this title. CODIFICATION Words ‘‘including any Territory or possession of the United States’’ appearing in text prior to amendment by act Jan. 21, 1942, inserted on authority of act June 28, 1941, ch. 260, § 4(b), 55 Stat. 363, which provided that when used in this section the term ‘‘ ‘State’ includes any Territory or possession of the United States’’.