42 U.S.C. § 1404a — Secretary of Housing and Urban Devel-

Page 4514 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 1401 to 1404 Sec. 1439. Local housing assistance plan. 1440. State housing finance and development agencies. §§ 1401 to 1404. Omitted Editorial Notes CODIFICATION Sections 1401 to 1404 were omitted in the general revi- sion of the United States Housing Act of 1937 by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1401, acts Sept. 1, 1937, ch. 896, § 1, 50 Stat. 888; July 15, 1949, 338, title III, § 307(a), 63 Stat. 429; Sept. 23, 1959, Pub. L. 86–372, title V, § 501, 73 Stat. 679; Aug. 1, 1968, Pub. L. 90–448, title II, § 206(a), 82 Stat. 504; Dec. 31, 1970, Pub. L. 91–609, title II, § 211, 84 Stat. 1779, set out declaration of policy. See section 1437 of this title. Section 1402, acts, Sept. 1, 1937, ch. 896, § 2, 50 Stat. 888; July 15, 1949, ch. 338, title III, §§ 302(b), 304(c), (i), 306, 307(b), 63 Stat. 424, 425, 429; Oct. 26, 1951, ch. 577, § 1, 65 Stat. 647; June 30, 1953, 170, § 24(c), 67 Stat. 128; Aug. 7, 1956, ch. 1029, title IV, § 404(a), 70 Stat. 1104; July 12, 1957, Pub. L. 85–104, title III, § 307, title IV, § 401(a), 71 Stat. 301; Sept. 23, 1959, Pub. L. 86–372, title V, §§ 502, 503(a), 504, 73 Stat. 680; June 30, 1961, Pub. L. 87–70, title II, § 202, 75 Stat. 163; Sept. 2, 1964, Pub. L. 88–560, title II, § 203(d), title IV, § 401(a), 78 Stat. 784, 794; Aug. 10, 1965, Pub. L. 89–117, title I, §§ 103(b), 104, 79 Stat. 457; Aug. 1, 1968, Pub. L. 90–448, title II, § 209(a), 82 Stat. 505; Dec. 24, 1969, Pub. L. 91–152, title II, § 213(a), title IV, § 403(a), 83 Stat. 389, 395; Dec. 31, 1970, Pub. L. 91–609, title II, § 208(a), title IX, § 903(c), 84 Stat. 1778, 1808; Dec. 22, 1971, Pub. L. 92–213, § 9, 85 Stat. 776, defined applica- ble terms. See section 1437a of this title. Section 1403, acts Sept. 1, 1937, ch. 896, § 3, 50 Stat. 889; May 25, 1967, Pub. L. 90–19, § 2(b), 81 Stat. 20; Aug. 1, 1968, Pub. L. 90–448, title XVII, § 1719(a), 82 Stat. 610, created the United States Housing Authority in the De- partment of Housing and Urban Development. Section 1404, acts Sept. 1, 1937, ch. 896, § 4, 50 Stat. 889; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; May 25, 1967, Pub. L. 90–19, § 2(a), (c), 81 Stat. 19, 20, provided for assistance of officers, etc., of other agencies and transfer of property to the Authority. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1969 AMENDMENT; APPLICABILITY Pub. L. 91–152, title II, § 213(b), Dec. 24, 1969, 83 Stat. 389, provided that the rents fixed by public housing agencies not exceed one-fourth of a low-rent housing tenant’s income be effective not later than ninety days after Dec. 24, 1969, and that the requirements not apply in any case in which the Secretary of Housing and Urban Development determined that limiting the rent of any tenant or class of tenants would have resulted in a deduction in the amount of welfare assistance which would otherwise have been provided to the tenant or class of tenants by a public agency. § 1404a. Secretary of Housing and Urban Devel- opment; right to sue; expenses The Secretary of Housing and Urban Develop- ment may sue and be sued only with respect to its functions under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, as amended [42 U.S.C. 1501 et seq.]. Funds made available for carrying out the functions, powers, and duties of the Secretary of Housing and Urban Develop- ment (including appropriations therefor, which are authorized) shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary of Housing and Urban Develop- ment. Notwithstanding any other provisions of law except provisions of law enacted after Au- gust 10, 1948 expressly in limitation hereof, the Secretary of Housing and Urban Development, or any State or local public agency admin- istering a low-rent housing project assisted pur- suant to the United States Housing Act of 1937 or title II of Public Law 671, Seventy-sixth Con- gress, approved June 28, 1940, shall continue to have the right to maintain an action or pro- ceeding to recover possession of any housing ac- commodations operated by it where such action is authorized by the statute or regulations under which such housing accommodations are admin- istered, and, in determining net income for the purposes of tenant eligibility with respect to low-rent housing projects assisted pursuant to said Acts, the Secretary of Housing and Urban Development is authorized, where it finds such action equitable and in the public interest, to exclude amounts or portions thereof paid by the United States Government for disability or death occurring in connection with military service. (Aug. 10, 1948, ch. 832, title V, § 502(b), 62 Stat. 1284; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 90–19, § 5(d)(4)–(7), May 25, 1967, 81 Stat. 21; Pub. L. 100–242, title V, § 570(a)(2), Feb. 5, 1988, 101 Stat. 1949.) Editorial Notes REFERENCES IN TEXT 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 this chapter (§ 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Public Law 671, Seventy-sixth Congress, approved June 28, 1940, referred to in text, is act June 28, 1940, ch. 440, 54 Stat. 676. Title II of that Act is classified gen- erally to subchapter I (§ 1501 et seq.) of chapter 9 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Housing Act of 1948, and not as part of the United States Housing Act of 1937 which comprises this chapter. Section consists of section 502(b) of act Aug. 10, 1948. Section 502 of act Aug. 10, 1948, is classified generally to section 1701c of Title 12, Banks and Banking. AMENDMENTS 1988—Pub. L. 100–242 substituted ‘‘Secretary of Hous- ing and Urban Development’’ for ‘‘United States Hous- ing Authority’’ in three places and for ‘‘Authority’’ in two places. 1967—Pub. L. 90–19 substituted ‘‘United States Hous- ing Authority’’ for ‘‘Public Housing Administration’’ wherever appearing in first and fourth sentences, ‘‘Au- thority’’ for ‘‘Administration’’ wherever appearing in third sentence, and ‘‘may sue’’ for ‘‘shall sue’’ in first sentence, and struck out former second sentence au- thorizing the Public Housing Commissioner to appoint necessary officers and employees subject to the civil- service and classification laws, to delegate his func- tions and powers, and to make rules and regulations, respectively. 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Page 4515 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 1406c to 1411a Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. §§ 1405, 1406. Omitted Editorial Notes CODIFICATION Section 1405, acts Sept. 1, 1937, ch. 896, § 5, 50 Stat. 890; May 25, 1967, Pub. L. 90–19, § 2(d), (e), 81 Stat. 20, which enumerated miscellaneous powers and functions of the Authority, was omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1406, acts Sept. 1, 1937, ch. 896, § 6, 50 Stat. 890; July 15, 1949, ch. 338, title III, § 307(c), 63 Stat. 429; Oct. 31, 1951, ch. 654, § 1(112), 65 Stat. 705; May 25, 1967, Pub. L. 90–19, § 2(a), 81 Stat. 19, which enumerated financial provisions applicable to the Authority, was omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Subsec. (b) of this section, which provided that section 5 of former title 41 not apply to contracts for services or to purchases of supplies except when the aggregate amount involved was less than $300, was re- pealed by act Oct. 31, 1951, ch. 654, § 1(112), 65 Stat. 705. § 1406a. Expenses of management and operation of transferred projects as nonadministrative; payment On and after May 10, 1939 all necessary ex- penses in connection with the management and operation of projects transferred to the Author- ity by Executive Order Numbered 7732 of Octo- ber 27, 1937, as modified by Executive Order Numbered 7839 of March 12, 1938, may be consid- ered as nonadministrative expenses, notwith- standing the provisions of section 712a of title 15, and be paid from the rents received from each transferred project. (May 10, 1939, ch. 119, § 1, 53 Stat. 690.) Editorial Notes CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act June 25, 1938, ch. 681, title I, 52 Stat. 1129. Statutory Notes and Related Subsidiaries; Executive Documents TRANSFER OF FUNCTIONS The Authority, meaning the United States Housing Authority, was consolidated with other agencies into the Housing and Home Finance Agency, and name of Authority changed to Public Housing Administration by Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Public Housing Administration and Housing and Home Finance Agency (of which Public Housing Administra- tion was a constituent agency) and of heads thereof transferred to Secretary of Housing and Urban Develop- ment by Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669, which is classified to section 3534(a) of this title. Sec- tion 9(c) of such act, set out as a note under section 3531 of this title, provided that references to Housing and Home Finance Agency or to any agency or officer therein are to be deemed to mean Secretary of Housing and Urban Development and that Housing and Home Finance Agency and Public Housing Administration have lapsed. Executive Order No. 7732, Oct. 27, 1937, 2 F.R. 2324, 44 C.F.R. 201.11, effective Nov. 1, 1937, transferred to the United States Housing Authority all right, interest, and title held by the Federal Emergency Administra- tion of Public Works in any housing or slum-clearance projects constructed or in the process of construction on Sept. 1, 1937. § 1406b. Expenses of uncompensated advisers serving United States Housing Authority away from home On and after May 10, 1939, the funds made available for administrative expenses of the United States Housing Authority shall be avail- able for the payment, when specifically author- ized by the Administrator, of actual transpor- tation expenses and not to exceed $10 per diem in lieu of subsistence and other expenses to per- sons serving, while away from their homes, without other compensation from the United States, in an advisory capacity to the Author- ity. (May 10, 1939, ch. 119, § 1, 53 Stat. 690.) Editorial Notes CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act June 25, 1938, ch. 681, title I, 52 Stat. 1128. Statutory Notes and Related Subsidiaries; Executive Documents TRANSFER OF FUNCTIONS The United States Housing Authority was consoli- dated with other agencies into the Housing and Home Finance Agency, and name of Authority changed to Public Housing Administration by Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Public Housing Adminis- tration and Housing and Home Finance Agency (of which Public Housing Administration was a con- stituent agency) and of heads thereof transferred to Secretary of Housing and Urban Development by Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669, which is clas- sified to section 3534(a) of this title. Section 9(c) of such act, set out as a note under section 3531 of this title, provided that references to Housing and Home Finance Agency or to any agency or officer therein are to be deemed to mean Secretary of Housing and Urban Devel- opment and that Housing and Home Finance Agency and Public Housing Administration have lapsed. §§ 1406c to 1411a. Omitted Editorial Notes CODIFICATION Section 1406c, act June 27, 1942, ch. 450, § 1, 56 Stat. 410, which related to expenses for construction advisers on non-Federal projects, was from the Independent Of- fices Appropriation Act, 1943, and was not repeated in subsequent appropriation acts. Prior similar provisions were contained in acts Apr. 5, 1941, ch. 40, § 1, 55 Stat. 111; Apr. 18, 1940, ch. 107, § 1, 54 Stat. 130.