Legislación

US (United States) Code. Title 42. Chapter 9: Housing of persons engaged in National Defense

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

42 USC CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL

DEFENSE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

-HEAD-

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

-MISC1-

SUBCHAPTER I - PROJECTS GENERALLY

Sec.

1501. Cooperation between departments; definitions;

limitation of projects.

1502. Initiation and development of projects; jurisdiction;

acquisition of property; fees of architects,

engineers, etc.

1502a. Repealed.

1503. Development of projects by Secretary; financial

assistance to public housing agencies.

1504. Rental rates; exemption from limitations of United

States Housing Act of 1937.

1505. Funds of Secretary of Housing and Urban Development.

1506. Administration of utilities and utility services;

granting of easements.

1507. Omitted.

SUBCHAPTER II - DEFENSE HOUSING

1521. Omitted.

1522. Definitions; actions to recover developed property.

1523. Omitted.

1524. Declaration of policy; disposal of housing.

SUBCHAPTER III - DEFENSE PUBLIC WORKS

1531 to 1536. Omitted.

SUBCHAPTER IV - GENERAL PROVISIONS AFFECTING SUBCHAPTERS II TO VII

1541. Omitted.

1542. Transfer of funds from other Federal agencies to

Secretary of Housing and Urban Development.

1543. Omitted.

1544. Power of Secretary of Housing and Urban Development to

manage, convey, etc., housing properties.

1545. Omitted.

1546. Payment of annual sums to local authorities in lieu of

taxes.

1547. Preservation of local civil and criminal jurisdiction

and civil rights.

1548. Rules and regulations; standards of safety,

convenience, and health.

1549. Laborers and mechanics; wages; preference in

employment.

1550. Separability.

1551. Repealed.

1552. Powers of certain agencies designated to provide

temporary shelter.

1553. Removal by Secretary of certain housing of temporary

character; exceptions for local communities; report

to Congress.

SUBCHAPTER V - DEFENSE HOUSING AND PUBLIC WORKS FOR DISTRICT OF

COLUMBIA

1561 to 1563. Omitted.

1564. Definitions.

SUBCHAPTER VI - HOUSING FOR DISTRESSED FAMILIES OF SERVICEMEN AND

VETERANS

1571 to 1576. Omitted or Repealed.

SUBCHAPTER VII - DISPOSAL OF WAR AND VETERANS' HOUSING

1581. Housing disposition.

(a) Mandatory transfers.

(b) Transfer to provide housing for parents of

deceased World War II servicemen.

(d) Representations by transferee as to use of

property; preferences.

(e) Waiver of removal requirements.

(f) Disposition of net revenue and proceeds;

transfer charges.

(g) Transfers for slum clearance and community

redevelopment projects.

(h) Transfers of temporary housing of masonry

construction.

1582. Temporary housing exempted from provisions of section

1553 of this title.

1583. Redetermination of demountable housing as temporary or

permanent.

1584. Removal of all dwelling structures on land under

Secretary's control; temporary housing exempted;

preference in fulfilling vacancies.

1585. Acquisition of housing sites.

(a) Lease, condemnation or purchase; temporary

housing.

(b) Land rentals.

1586. Sale of specific housing projects.

(a) Conditions precedent.

(b) Projects as "low-rent housing".

(d) Disposition of payments.

1587. Disposition of other permanent war housing.

(a) Public interest.

(b) Preference in sales to individuals.

(d) Equitable selection method for each preference

class.

(e) Veterans' preference.

(f) Terms of sales.

(g) Disregard of preferences in certain cases.

1588. Sale of vacant land to local housing authorities; sale

of personal property.

1589. Conveyance of land and nondwelling structures thereon

to States for National Guard purposes.

1589a. Extension by President of dates for disposal and other

actions relating to housing under this subchapter.

1589b. Establishment of income limitations for occupancy of

housing; effect on prior tenants.

1589c. Transfer of certain housing to Indians.

1589d. Undisposed housing.

(a) Disposal to highest bidder; rejection of bids;

disposal by negotiation.

(b) Contracts; time for passage of title;

termination of purchaser's rights.

1590. Definitions.

SUBCHAPTER VIII - CRITICAL DEFENSE HOUSING AREAS

1591. Determination of critical areas by President;

requisite conditions.

1591a. Construction by private enterprise.

(a) Publication of number of units needed.

(b) Suspension of credit restrictions.

(d) Construction by Government as conditional.

1591b. Community facilities or services by local agencies.

(a) Certification of necessity for loan.

(b) Certification of necessity for grants or other

payments.

1591c. Expiration date; exception.

1591d. Powers as cumulative and additional.

SUBCHAPTER IX - DEFENSE HOUSING AND COMMUNITY FACILITIES AND

SERVICES

1592. Authority of Secretary.

1592a. Construction of housing.

(a) Types, sales, preferences in purchases, and

payment.

(b) Temporary housing.

ultimate disposition.

1592b. Maximum construction costs; determinations by

Secretary in certain condemnation proceedings.

1592c. Loans or grants for community facilities or services;

conditions; maximum amounts; annual adjustments.

1592d. Secretary's powers with respect to housing,

facilities, and services.

(a) Planning, acquisition, construction, etc.

(b) Condemnation.

1592e. Interagency transfers of property; application of

rules and regulations.

1592f. Preservation of local civil and criminal jurisdiction,

and civil rights; jurisdiction of State courts.

1592g. Payment of annual sums to local authorities in lieu of

taxes.

1592h. Conditions and requirements as to contracts;

utilization of existing facilities; disposition of

facilities constructed by United States.

1592i. Laborers and mechanics.

(a) Wages; overtime.

(b) Applicability of other laws.

certification.

(d) Reports by contractors and subcontractors to

Secretary of Labor.

(e) Prescription of standards, regulations, and

procedures by Secretary of Labor.

1592j. Disposition of moneys derived from rentals, operation,

and disposition of property.

1592k. Determination of fair rentals and classes of occupants

by Secretary.

1592l. Authorization of appropriations.

1592m. Transfer of functions and funds in certain cases.

1592n. Definitions.

1592o. Powers of Surgeon General of Public Health Service.

SUBCHAPTER X - DEVELOPMENT SITES FOR ISOLATED DEFENSE INSTALLATIONS

1593 to 1593d. Repealed.

1593e. Housing of persons displaced by acquisition of

property for defense installations or industries.

SUBCHAPTER XI - HOUSING FOR MILITARY PERSONNEL

1594. Contracts for construction.

(a) Contract provisions; competitive bids.

(b) "Eligible bidder" defined.

covered by mortgage.

(d) Opinion as to title to property; guarantee;

title search and title insurance.

1594a. Acquisition of military housing financed under Armed

Services Housing Mortgage Insurance Fund and rental

housing at military bases.

(a) Purchase price.

(b) Housing at or near a military installation.

interest.

(d) Occupancy; use, or improvement of property

before approval of title.

(e) Release of accrual requirements for

replacement, taxes, and hazard insurance

reserves.

(f) Use as public quarters or lease of housing.

1594a-1, 1594a-2. Repealed.

1594b. Maintenance and operation of housing; use of quarters;

payment of principal, interest, and other

obligations.

1594c. Services of architects and engineers; use of

appropriations; acquisition of sites.

1594d. Appropriations; use of quarters allowances.

1594e. Definitions.

1594f. Net floor area limitations.

1594g to 1594k. Repealed.

-End-

-CITE-

42 USC SUBCHAPTER I - PROJECTS GENERALLY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

SUBCHAPTER I - PROJECTS GENERALLY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1404a of this title;

title 12 sections 1715n, 1745.

-End-

-CITE-

42 USC Sec. 1501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1501. Cooperation between departments; definitions; limitation

of projects

-STATUTE-

In connection with the national defense program, the Departments

of the Navy, Army, and Air Force and the Secretary of Housing and

Urban Development are authorized to cooperate in making necessary

housing available for persons engaged in national defense

activities, as provided in this subchapter. "Persons engaged in

national defense activities" (as that term is used in this

subchapter) shall include (i) enlisted men with families, who are

in the naval and military service and officers of the Army, Air

Force, and Marine Corps not above the grade of captain, and

officers of the Navy and Coast Guard, not above the grade of

lieutenant and employees of the Departments of the Navy, Army, and

Air Force who are assigned to duty at naval or military

reservations, posts, or bases, and (ii) workers with families, who

are engaged or to be engaged in industries connected with and

essential to the national defense program. No project shall be

developed or assisted for the purposes of this subchapter except

with the approval of the President and upon a determination by him

that there is an acute shortage of housing in the locality involved

which impedes the national defense program.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 201, 54 Stat. 681; Oct. 26,

1942, ch. 626, Sec. 1(a), 56 Stat. 988; July 26, 1947, ch. 343,

title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-503; 1947 Reorg.

Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12 F.R. 4981, 61 Stat.

955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-MISC1-

AMENDMENTS

1942 - Act Oct. 26, 1942, substituted "and officers of the Army

and Marine Corps not above the grade of captain, and officers of

the Navy and Coast Guard, not above the grade of lieutenant" for

"(excluding officers)".

-CHANGE-

CHANGE OF NAME

Department of the Air Force inserted to conform to section

207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501,

502, and Secretary of Defense Transfer Orders No. 14, eff. July 1,

1948, and No. 40 [App. B (123)], July 22, 1949. Department of War

designated Department of the Army and title of Secretary of War

changed to Secretary of the Army by section 205(a) of such act July

26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947,

were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A

Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed

Forces", which in sections 3010 to 3013 and 8010 to 8013 continued

Departments of Army and Air Force under administrative supervision

of Secretary of the Army and Secretary of the Air Force,

respectively.

-MISC2-

SHORT TITLE OF 1951 AMENDMENT

Act Sept. 1, 1951, ch. 378, Sec. 1, 65 Stat. 293, provided: "That

this Act [enacting sections 1507, 1589a, 1589b, and 1591 to 1593e

of this title, sections 1701g-1 to 1701g-3, 1701i-1, 1715g, 1715h,

1716a, 1748g-1, 1750, 1750a, and 1750b to 1750g of Title 12, Banks

and Banking, section 2136 of the Appendix to Title 50, War and

National Defense, amended sections 1584 and 1585 of this title,

sections 371, 1430, 1701g, 1701j, 1702, 1706, 1710, 1713, 1715c,

1715d, 1715f, 1716, 1743, 1747a, 1747f, and 1747l, 1748b of Title

12, section 2135 of Title 50, App., and enacted provisions set out

as notes under section 1591 of this title and section 1748b of

Title 12] may be cited as the 'Defense Housing and Community

Facilities and Services Act'."

SHORT TITLE

Act Oct. 14, 1940, ch. 862, 54 Stat. 1125, which is classified to

subchapters II to VII of this chapter, is popularly known as the

"Lanham Public War Housing Act".

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions of Public Housing Administration and Housing and Home

Finance Agency (of which Public Housing Administration was a

constituent agency) and of heads thereof transferred to Secretary

of Housing and Urban Development by Pub. L. 89-174, Sec. 5(a),

Sept. 9, 1965, 79 Stat. 669, which is classified 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 Development and that

Housing and Home Finance Agency and Public Housing Administration

have lapsed.

United States Housing Authority consolidated into Housing and

Home Finance Agency by Reorg. Plan No. 3 of 1947, Sec. 1, eff. July

27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to

Title 5, Government Organization and Employees, and name of

Authority changed to Public Housing Administration by section 4(a)

of such Plan. Section 9 of Reorg. Plan No. 3 of 1947 abolished

office of Administrator of United States Housing Authority, whose

functions were transferred by section 4 of such Plan to Public

Housing Commissioner.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1502 of this title.

-End-

-CITE-

42 USC Sec. 1502 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1502. Initiation and development of projects; jurisdiction;

acquisition of property; fees of architects, engineers, etc.

-STATUTE-

(a) Projects may be initiated under this subchapter by the

Department of the Navy or Army or the Air Force to provide

dwellings on or near naval or military reservations, posts or bases

for rental to the officers, enlisted men and employees of the

Departments of the Navy, Army, and Air Force described in section

1501 of this title. Such projects shall be developed by the

Department of the Navy or Army or the Air Force or by the Secretary

of Housing and Urban Development, whichever the President

determines is better suited to the fulfillment of the purposes of

this subchapter with respect to any particular project. If the

development of such project is to be undertaken by the Department

of the Navy or Army or Air Force, the Secretary of Housing and

Urban Development is authorized to aid the development of the

project by furnishing technical assistance and by transferring to

such Department the funds necessary for the development of the

project. Any project developed for the purpose of this section

shall be leased to the Department of the Navy or Army or Air Force

by the Secretary of Housing and Urban Development (who shall have

title to such project until repayment of the cost thereof to the

Secretary of Housing and Urban Development as prescribed in such

lease) upon such terms as shall be prescribed in the lease, which

may be the same terms as are authorized by the United States

Housing Act of 1937 [42 U.S.C. 1437 et seq.], with respect to

leases to public housing agencies. All the provisions of said Act

which apply to the development of projects by the Secretary of

Housing and Urban Development shall (insofar as applicable and not

inconsistent herewith) apply to the development of projects by the

Department of the Navy or Army or Air Force. Notwithstanding other

provisions of this or any other law, the Department leasing a

project shall have the same jurisdiction over such project as it

has over the reservation, post or base in connection with which the

project is developed.

(b) The Department of the Navy or Army or Air Force, in

connection with any project developed or leased by it, and the

Secretary of Housing and Urban Development, in connection with any

project developed or assisted by him, for the purposes of this

subchapter, may acquire real or personal property or any interest

therein by purchase, eminent domain, gift, lease or otherwise. The

provisions of sections 3111 and 3112 of title 40 shall not apply to

the acquisition of any real property by the Department of the Navy

or Army or Air Force or by the Secretary of Housing and Urban

Development for the purposes of this subchapter or to the project

developed thereon, and the provisions of section 1302 of title 40,

shall not apply to any lease of any project developed for the

purposes of this subchapter or of any dwelling therein.

Condemnation proceedings instituted by the Secretary of Housing and

Urban Development shall be in the Secretary's own name and the

practice and procedure governing such proceedings by the United

States shall be followed, and the Secretary of Housing and Urban

Development shall likewise be entitled to proceed in accordance

with the provisions of sections 3114 to 3116 and 3118 of title 40

and an Act of Congress approved March 1, 1929 (45 Stat. 1415).(!1)

If the Secretary of Housing and Urban Development acquires land in

connection with a project to be assisted for the purposes of this

subchapter, the Secretary may convey such land to the public

housing agency involved for a consideration equal to the cost of

the land to the Secretary of Housing and Urban Development. The

Departments of the Navy, Army, and Air Force and the Secretary of

Housing and Urban Development may negotiate, contract and fix such

fees as they determine are reasonable for the services of

architects, engineers, surveyors, appraisers, title examiners and

real estate negotiators in connection with specific projects

developed by them under this subchapter. The Secretaries of Navy,

Army, and Air Force are authorized to make available to the

Secretary of Housing and Urban Development any land that is needed

for a project to be developed by the Secretary of Housing and Urban

Development and leased to the Department of the Navy or Army or Air

Force and to execute such leases, agreements and other instruments

with the Secretary of Housing and Urban Development as may be

necessary to carry out the purposes of this subchapter.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 202, 54 Stat. 682; Oct. 26,

1942, ch. 626, Sec. 1(b), 56 Stat. 988; July 26, 1947, ch. 343,

title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-503; 1947 Reorg.

Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12 F.R. 4981, 61 Stat.

955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937 and said Act, referred to

in subsec. (a), are act Sept. 1, 1937, ch. 896, as revised

generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974,

88 Stat. 653, which is classified generally to chapter 8 (Sec. 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.

The Act of Congress approved March 1, 1929, referred to in

subsec. (b), is act Mar. 1, 1929, ch. 416, 45 Stat. 1415, which was

classified to chapter 7 (Sec. 361 et seq.) of former Title 40,

Public Buildings, Property, and Works, and was repealed by Pub. L.

88-241, Sec. 21(b), Dec. 23, 1963, 77 Stat. 627.

-COD-

CODIFICATION

In subsec. (b), "sections 3111 and 3112 of title 40" substituted

for "section 355 of the Revised Statutes", "section 1302 of title

40" substituted for "section 321 of the Act of June 30, 1932

(U.S.C. 1934 edition, title 40, sec. 303b)", and "sections 3114 to

3116 and 3118 of title 40" substituted for "the Act of Congress

approved February 26, 1931 (46 Stat. 1421)" on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-CHANGE-

CHANGE OF NAME

Department of the Air Force inserted to conform to section

207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501,

502, and Secretary of Defense Transfer Order No. 40 [App. A(75)],

July 22, 1949. Department of War designated Department of the Army

and title of Secretary of War changed to Secretary of the Army by

section 205(a) of such act July 26, 1947. Sections 205(a) and

207(a), (f) of act July 26, 1947, were repealed by section 53 of

act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug.

10, 1956, enacted "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.

-MISC1-

AMENDMENTS

1942 - Subsec. (a). Act Oct. 26, 1942, inserted "officers," after

"rental to the" in first sentence.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1501 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1502a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1502a. Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72

Stat. 1569

-MISC1-

Section, act July 15, 1955, ch. 368, title V, Sec. 509, 69 Stat.

351, related to acquisition of housing units for military personnel

and dependents. See section 2678 of Title 10, Armed Forces.

-End-

-CITE-

42 USC Sec. 1503 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1503. Development of projects by Secretary; financial

assistance to public housing agencies

-STATUTE-

In any localities where the President determines that there is an

acute shortage of housing which impedes the national defense

program and that the necessary housing would not otherwise be

provided when needed for persons engaged in national defense

activities, the Secretary of Housing and Urban Development may

undertake the development and administration of projects to assure

the availability of dwellings in such localities for such persons

and their families, or the Secretary of Housing and Urban

Development may extend financial assistance of public housing

agencies for the development and administration of such projects.

Such financial assistance to public housing agencies shall be

extended (except as otherwise provided herein and not inconsistent

herewith) under the provisions of, and in the same manner and forms

as provided in, title I (!1) of the United States Housing Act of

1937, as amended [42 U.S.C. 1437 et seq.], with respect to other

housing projects.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 203, 54 Stat. 683; 1947

Reorg. Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12 F.R. 4981, 61

Stat. 955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-REFTEXT-

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, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1501 of this title.

-FOOTNOTE-

(!1) So in original. Reference should probably be to entire "United

States Housing Act of 1937" because such Act is not divided

into titles. See section 1437 et seq. of this title.

-End-

-CITE-

42 USC Sec. 1504 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1504. Rental rates; exemption from limitations of United

States Housing Act of 1937

-STATUTE-

Any contract made for financial assistance under the United

States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.],

may be revised so as to provide that the project involved will be

assisted for any of the purposes of this subchapter. The Department

of the Navy or Army or the Air Force or the Secretary of Housing

and Urban Development, in the administration of any project

developed for the purposes of this subchapter, shall fix rentals

for persons engaged in national defense activities and their

families which will be within their financial reach, and the

Secretary of Housing and Urban Development, in any contract for

financial assistance or any lease of such a project, shall require

the fixing of such rentals. Projects developed by the Department of

the Navy or Army or Air Force, or developed or assisted by the

Secretary of Housing and Urban Development, for the purposes of

this subchapter shall not be subject to the elimination

requirements of sections 10(a) and 11(a) of said Act [42 U.S.C.

1410(a), 1411(a)], or to any provisions of section 9 of said Act

[42 U.S.C. 1409] which would require any part of the development

cost thereof to be met in any manner other than from funds loaned

or furnished by the Secretary of Housing and Urban Development.

Funds expended for the purposes of this subchapter shall be

excluded in determining, for the purposes of section 21(d) (!1) of

said Act [42 U.S.C. 1421(d)], the amounts expended within each

State. Except as otherwise provided in this subchapter or as may be

inconsistent with this subchapter, all the provisions of title I

(!2) of the United States Housing Act of 1937 [42 U.S.C. 1437 et

seq.] shall apply to this subchapter. During the period when the

President determines that in any locality there is an acute need

for housing to assure the availability of dwellings for persons

engaged in national defense activities, dwellings in a project

developed or assisted in said locality which are devoted to the

purposes of providing housing for persons engaged in national

defense activities shall not be subject to sections 2(1) and 2(2)

of the United States Housing Act of 1937, as amended [42 U.S.C.

1402(1), (2)], and during such period such projects shall be deemed

projects of a low-rent character for the purposes of any of the

applicable provisions in title I (!2) of the United States Housing

Act of 1937.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 204, 54 Stat. 683; July 26,

1947, ch. 343, title II, Secs. 205(a), 207(a), (f), 61 Stat.

501-503; 1947 Reorg. Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12

F.R. 4981, 61 Stat. 955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965,

79 Stat. 669.)

-REFTEXT-

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, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 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.

Sections 2, 9, 10(a), and 11(a) of the United States Housing Act

of 1937, referred to in text, is a reference to sections of the Act

prior to the general revision of the Act by Pub. L. 93-383. The Act

as so revised is classified to section 1437 et seq. of this title.

Provisions of former sections 2, 9, and 10(a) are covered by

sections 3, 4, and 5(a) of the Act which are classified to sections

1437a, 1437b, and 1437c(a) of this title.

Section 21(d) of said Act, referred to in text, was repealed by

Pub. L. 87-70, title II, Sec. 204(c), June 30, 1961, 75 Stat. 164.

-CHANGE-

CHANGE OF NAME

Department of the Air Force inserted to conform to section

207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501,

502, and Secretary of Defense Transfer Orders No. 14, eff. July 1,

1948, and No. 40 [App. B(124)], July 22, 1949. Department of War

designated Department of the Army and title of Secretary of War

changed to Secretary of the Army by section 205(a) of such act July

26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947,

were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A

Stat. 641. Section 1 of act Aug. 10, 1956, enacted "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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1501 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Reference should probably be to entire

"United States Housing Act of 1937" because such Act is not

divided into titles. See section 1437 et seq. of this title.

-End-

-CITE-

42 USC Sec. 1505 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1505. Funds of Secretary of Housing and Urban Development

-STATUTE-

The Secretary of Housing and Urban Development may use for the

purposes of this subchapter any of the funds or authorizations

heretofore or hereafter made available to it.

-SOURCE-

(June 28, 1940, ch. 440, title II, Sec. 205, 54 Stat. 683; 1947

Reorg. Plan No. 3, Sec. 4(a), eff. July 27, 1947, 12 F.R. 4981, 61

Stat. 955; Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to Secretary of Housing and Urban

Development, see note set out under section 1501 of this title.

-MISC1-

PROVISIONS INAPPLICABLE TO THIS SUBCHAPTER

Section 205 of act June 28, 1940, contained the following

sentence: "The provisions of title I of this Act shall not apply to

this title [this subchapter]." The provisions of title I of act

June 28, 1940 were classified to the Code as section 40 of Title

41, Public Contracts, and sections 1151 to 1162 of Appendix to

Title 50, War and National Defense.

-End-

-CITE-

42 USC Sec. 1506 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 9 - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE

SUBCHAPTER I - PROJECTS GENERALLY

-HEAD-

Sec. 1506. Administration of utilities and utility services;

granting of easements

-STATUTE-

(a) Any Federal agency (including any wholly owned Government

corporation) administering utility installations connected to a

utility system for housing under the jurisdiction of the Secretary

of Housing and Urban Development is authorized -

(1) to continue to provide utilities and utility services to

such housing as long as it is under the jurisdiction of the

Secretary;

(2) to contract with the purchasers or transferees of such

housing to continue the utility connection with such

installations and furnish such utilities and services as may be

available and needed in connection with such housing, for such

period of time (not exceeding the period of Federal

administration of such installations) and subject to such terms

(including the payment of the pro rata cost to the Government or

the market value of the utilities and services furnished,

whichever is greater) as may be determined by the head of the

agency;

(3) to dispose of such installations, when excess to the needs

of the agency, and where not excess to grant an option to

purchase, to the purchasers or transferees of such housing, for

an amount not less than the appraised value of the installations

and upon such terms and conditions as the head of the agency

shall establish.

(b) Any Federal agency (including any wholly owned Government

corporation) having under its jurisdiction lands across which run

any part of a utility system for housing under the jurisdiction of

the Secretary is authorized to grant to the Secretary, or to the

purchasers or transferees of such housing, easements (which may be

perpetual) on such land for utility purposes.

-SOURCE-

(June 28, 1948, ch. 688, Sec. 2, 62 Stat. 1063; Pub. L. 89-174,

Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

-COD-

CODIFICATION

Section was not enacted as part of title II of act June 28, 1948,

ch. 440, 54 Stat. 681, known as title II of the National Defense

Expediting Act which comprises this subchapter.