42 U.S.C. § 1594c — Services of architects and engineers; use

Page 4861 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1594c housing and related property as of date of final en- dorsement for mortgage insurance reduced by an appro- priate allowance for depreciation, and limited price of any project held by Commissioner to face value of de- bentures, plus accrued interest, which the Commis- sioner issued in acquiring the project. Statutory Notes and Related Subsidiaries REPEALS Pub. L. 87–554, title V, § 501(d), July 27, 1962, 76 Stat. 237, cited as a credit to this section, was repealed by Pub. L. 97–214, § 7(5), July 12, 1982, 96 Stat. 173. §§ 1594a–1, 1594a–2. Repealed. Pub. L. 97–214, § 7(5), July 12, 1982, 96 Stat. 173 Section 1594a–1, Pub. L. 87–554, title V, § 501(a)–(c), July 27, 1962, 76 Stat. 236; Pub. L. 90–110, title VI, § 606, Oct. 21, 1967, 81 Stat. 304; Pub. L. 91–142, title V, § 511, Dec. 5, 1969, 83 Stat. 312; Pub. L. 96–418, title V, § 511, Oct. 10, 1980, 94 Stat. 1767, related to Department of De- fense family housing management account. See section 2831 of Title 10, Armed Forces. Section 1594a–2, Pub. L. 87–554, title V, § 507, July 27, 1962, 76 Stat. 240, related to prior legislative approval for appropriations for family housing. See section 2821(a) 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. § 1594b. Maintenance and operation of housing; use of quarters; payment of principal, inter- est, and other obligations The Secretary of Defense or his designee is au- thorized to maintain and operate any housing acquired under this title and assign quarters therein to military and civilian personnel and their dependents. Appropriations for quarters al- lowances or appropriate allotments, and rental charges to civilian personnel, may be utilized by the military department concerned for the pay- ment of principal, interest, and other obliga- tions, except those of maintenance and oper- ation, of the mortgagor corporation with respect to such housing projects. Such payments shall not exceed an average of $90 a month per hous- ing unit and total payments for all housing so acquired shall not exceed $21,000,000 per month: Provided, That, in case of the United States Coast Guard, total payments for all housing so acquired shall not exceed $90,000 per month. (Aug. 11, 1955, ch. 783, title IV, § 405, 69 Stat. 652; Aug. 7, 1956, ch. 1029, title V, § 508, 70 Stat. 1110.) 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. AMENDMENTS 1956—Act Aug. 7, 1956, substituted ‘‘$21,000,000’’ for ‘‘$9,000,000’’. 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. § 1594c. Services of architects and engineers; use of appropriations; acquisition of sites Whenever the Secretary of Defense or his des- ignee determines that it is desirable in order to effectuate the purposes of this title, the Sec- retary is authorized, without regard to the civil service and classification laws, to procure, by negotiation or otherwise, the services of archi- tects and engineers, or organizations thereof, under such arrangements as he deems desirable, but at an expense not in excess of that permis- sible under the schedule of fees allowed from time to time by the Secretary of Housing and Urban Development in connection with projects assisted under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.]. Such services may include the development of plans, drawings and specifications for family housing under this title and other services in connection therewith: Provided, That such plans, drawings, and specifications may include the use of any project to be constructed under this subchapter of alternate materials or alternate types of con- struction, including prefabrication, that provide substantially equal value and conform to stand- ards established by the Secretary of Housing and Urban Development: Provided further, That such plans, drawings, and specifications, when developed pursuant to arrangements made under this section after August 7, 1956, shall follow the principle of modular measure, in order that the housing may be built by conventional construc- tion, on-site fabrication, factory precutting, fac- tory fabrication, or any combination of these construction methods: Provided further, That the Secretary of Defense may designate certain sites or parts thereof for family housing to be fur- nished from prefabricated houses or housing components. Such arrangements may include provision for advance or progress payments, for payment by third parties, for payment by the Government of any such compensation as it not paid for by third parties, and shall include provi- sion for reimbursement by third parties to the Government of any compensation or other ex- penses paid by the Government pursuant to this section, and may include other provisions for compensation. Any public works appropriations now or hereafter available to the Departments of the Army, Navy, or Air Force or the Coast Guard may be obligated by the respective de- partments or the Coast Guard for these pur- poses. Reimbursements to the Government on account of payments made pursuant to this sec- tion shall be made to appropriations against which such payments were charged. The Sec- retary of Defense is further authorized to ad- vance or pay to the Department of Housing and Urban Development its ‘‘Appraisal and Eligi- 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