42 U.S.C. § 1592m — Transfer of functions and funds in cer-

Page 4854 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592j (e) Prescription of standards, regulations, and procedures by Secretary of Labor The Secretary of Labor shall prescribe appro- priate standards, regulations, and procedures, which shall be observed by the Secretary of Housing and Urban Development in carrying out the provisions of this subchapter (and cause to be made by the Department of Labor such inves- tigations) with respect to compliance with and enforcement of the labor standards provisions of this section, as the Secretary deems desirable. (Sept. 1, 1951, ch. 378, title III, § 310, 65 Stat. 307; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes CODIFICATION In subsec. (b), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act (49 Stat. 1011), as amended’’ and ‘‘section 3145 of title 40’’ sub- stituted for ‘‘title 40, United States Code, section 276c’’, and, in subsec. (c), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act, as amended’’, on authority 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. 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. § 1592j. Disposition of moneys derived from rent- als, operation, and disposition of property Moneys derived from rentals, operation, or disposition of property acquired or constructed under the provisions of this subchapter shall be available for expenses of operation, mainte- nance, improvement, and disposition of any such property, including the establishment of nec- essary reserves therefor and administrative ex- penses in connection therewith: Provided, That such moneys derived from rentals, operation, or disposition may be deposited in a common fund account or accounts in the Treasury: And pro- vided further, That the moneys in such common fund account or accounts shall not exceed $5,000,000 at any time, and all moneys in excess of such amount shall be covered into miscella- neous receipts. (Sept. 1, 1951, ch. 378, title III, § 311, 65 Stat. 308.) § 1592k. Determination of fair rentals and classes of occupants by Secretary The Secretary of Housing and Urban Develop- ment shall fix fair rentals based on the value thereof as determined by the Secretary which shall be charged for housing accommodations operated under this subchapter and may pre- scribe the class or classes of persons who may occupy such accommodations, preferences, or priorities in the rental thereof, and the terms, conditions, and period of such occupancy. (Sept. 1, 1951, ch. 378, title III, § 312, 65 Stat. 308; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) 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. § 1592l. Authorization of appropriations There are authorized to be appropriated— (a) such sums, not exceeding $100,000,000, as may be necessary for carrying out the provi- sions and purposes of this subchapter relating to community facilities and services in crit- ical defense housing areas; and (b) such sums, not exceeding $100,000,000, as may be necessary for carrying out the provi- sions and purposes of this subchapter relating to housing in critical defense housing areas. (Sept. 1, 1951, ch. 378, title III, § 313, 65 Stat. 308; July 14, 1952, ch. 723, § 4, 66 Stat. 602.) Editorial Notes AMENDMENTS 1952—Act July 14, 1952, increased appropriation au- thorization in subsec. (a) from $60,000,000 to $100,000,000 and in subsec. (b) from $50,000,000 to $100,000,000. § 1592m. Transfer of functions and funds in cer- tain cases Subject to all of the limitations and restric- tions of this Act, including, specifically, the re- quirements of subsection (c) of section 1591b of this title and of subsections (c) and (d) of section 1592h of this title, where any other officer, de- partment, or agency is performing, or, in the de- termination of the President, has facilities adapted to the performance of, functions, powers and duties similar, or directly related, to any of the functions, powers and duties which the Sec- retary of Housing and Urban Development is au- thorized by this subchapter to perform with re- spect to the construction, maintenance or oper- ation of community facilities for recreation, and daycare centers, or the provision of community services, the President may transfer to such other officer, department, or agency any of the functions, powers, and duties authorized by this subchapter to be performed with respect thereto if he finds that such transfer will assist the fur- therance of national defense activities, and upon any such transfer, funds in such amount as the Director of the Office of Management and Budg- et shall determine, but in no event in excess of the balance of any moneys appropriated to the Secretary of Housing and Urban Development pursuant to the authorization therefor con- tained in this subchapter for the performance of the transferred functions, powers, and duties, may also be transferred by the President to such other officer, department, or agency: Provided, That the President, by Executive Order or oth- erwise, may prescribe or direct the manner in which any functions, powers, and duties, which the Secretary of Housing and Urban Develop- ment is authorized by this subchapter to per- form with respect to assistance for the construc- tion, or the construction of, any community fa- cilities, shall be administered in coordination with other officers, departments, or agencies having functions or activities related thereto. Page 4855 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592m (Sept. 1, 1951, ch. 378, title III, § 314, 65 Stat. 308; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means 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 set out as a note 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. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of United States by section 101 of Reorg. Plan. No. 2, of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2, of 1970, redesignated Bureau of the Budget as Office of Management and Budget. EX. ORD. NO. 10296. PERFORMANCE OF DEFENSE HOUSING FUNCTIONS Ex. Ord. No. 10296, Oct. 2, 1951, 16 F.R. 10103, as amended by Ex. Ord. No. 10461, June 17, 1953, 18 F.R. 3513; Ex. Ord. No. 10593, Jan. 27, 1955, 20 F.R. 599; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, provided: 1. [Revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239.] 2. [Revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239.] 3. The Housing and Home Finance Administrator is hereby designated and empowered to perform, without the approval, ratification, or other action of the Presi- dent, the function vested in the President by section 102(b) of the Act [section 1591a(b) of this title], relative to the suspension and relaxation of residential credit restrictions under the Defense Production Act of 1950, as amended [50 App. §§ 2061 to 2166]. 4. Except, as provided in paragraph 5 hereof, the func- tions authorized by Title III of the Act [sections 1592 to 1592o of this title] to be performed with respect to or in furtherance of the provision, maintenance, or operation of community facilities for, and with respect to or in furtherance of the provision of community services for, recreation and child day-care centers are hereby trans- ferred to the Federal Security Administrator and shall be performed by him or by such officers and units of the Federal Security Agency as he may determine. 5. There are hereby excluded from the transfers ef- fected by paragraph 4 hereof (a) functions with respect to site selection and land acquisition for, and the con- struction (including the letting of construction con- tracts, the preparation and approval of plans and speci- fications, and the supervision of construction work and of expenditures therefor) of, projects approved by the Federal Security Administrator, whether such con- struction is performed on behalf of, or is aided by, the Federal Government, (b) the servicing of loans for the construction of projects so approved, and (c) the func- tions under the second and third provisos of section 304 of the Act [section 1592c of this title] and those under sections 103(a) and 103(b) of the Act [sections 1591b(a) and (b) of this title]: Provided, that (1), the Federal Se- curity Administrator or his delegate shall determine the general layout, size, and special design features ap- propriate to the particular type of facility, and (2) that final plans and specifications shall conform to such de- terminations. 6. In the performance of functions with respect to roads and highways under the Act, the Housing and Home Finance Administrator shall from time to time consult with the Secretary of Commerce or his rep- resentative as to the relationship of road and highway projects under the said Act to road and highway pro- grams under the jurisdiction of the said Secretary. 7. In the performance of functions under Title III of the Act [sections 1592 to 1592o of this title] in Terri- tories there shall be consultation with the Secretary of the Interior or his representative as to the relationship of proposed facilities and services in Territories to Ter- ritorial programs of the Department of the Interior. 8. The Housing and Home Finance Administrator, in connection with the performance of the pertinent func- tions vested in him by Title III of the Act [sections 1592 to 1592o of this title], shall obtain the approval of the Surgeon General of the Public Health Service or his representative with respect to the public health aspects of sources of water supply developed, utilized, or aided by the said Administrator, and shall consult with the Surgeon General or his representative with respect to the public health aspects of water distribution systems and sewerage systems constructed or aided by the Ad- ministrator. 9. Subject to the consent of the Housing and Home Finance Administrator, the Surgeon General of the Public Health Service shall utilize the facilities and services of the Housing and Home Finance Agency for the performance of the following aspects of the func- tions conferred upon him by section 316 of the Act [sec- tion 1592o of this title]: (a) the construction by the Fed- eral Government of projects approved by the Surgeon General (including the letting of construction con- tracts, the preparation or review of plans and specifica- tions, and the supervision of construction work and ex- penditures therefor), (b) land acquisition for projects to be so constructed, and (c) the obtaining of information required for the purpose of, and the furnishing of rec- ommendations with respect to, (i) the findings provided for in sections 103(a) and 103(b) of the Act [sections 1591b(a) and (b) of this title], and (ii) the actions pro- vided for in the second and third provisos of section 304 of the Act [section 1592c of this title]. The Surgeon General shall pay the Housing and Home Finance Agen- cy for such utilization, either in advance or otherwise, out of funds available to him for the performance of such functions. 10. Subject to the consent of the Federal Security Ad- ministrator, the Housing and Home Finance Adminis- trator shall utilize the facilities and services of the Federal Security Agency in connection with the pro- viding of library facilities under Title III of the Act [sections 1592 to 1592o of this title] in such manner that the division of work with respect to library facilities as between the Housing and Home Finance Administrator and the Federal Security Administrator will be the same as that with respect to recreation and child day- care center facilities as indicated in paragraphs 4 and 5 of this order. The Housing and Home Finance Admin- istrator shall pay the Federal Security Administrator for such utilization, either in advance or otherwise, out of funds available to the Housing and Home Finance Administrator for the performance of the functions in- volved. 11. Paragraphs 9 and 10 shall not be construed as a limitation upon the Surgeon General or the Housing and Home Finance Administrator, as the case may be, with respect to utilization or delegation other than that referred to in such paragraphs and not incon- sistent with the provisions of such paragraphs, respec- tively, or as divesting either the Surgeon General or 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-