United States Code

SUBCHAPTER II.-DEFENSE HOUSING

REVOLVING FUND

Establishment of revolving fund under which to account for assets and liabilities in connection with public war housing under sections 1521-1524 of this title, see section 1701g-5 of Title 12, Banks and Banking.

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1541, 1542, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1553, 1571, 1572, 1581, 1582, 1584, 1585, 1586, 1588, 1589, 1589b, 1590 of this title; title 12 sections 1701g-5, 1745.

§ 1521. Housing and Home Finance Administrator's powers respecting defense housing.

In order to provide housing for persons engaged in national-defense activities, and their families, and living quarters for single persons so engaged, in those areas or localities in which the President shall find that an acute shortage of housing exists or impends which would impede national-defense activities and that such housing would not be provided by private capital when needed, the Housing and Home Finance Administrator (hereinafter referred to as the “Administrator") is authorized:

(a) To acquire prior to the approval of title by the Attorney General (without regard to section 1339 of Title 10 and section 5 of Title 41), improved or unimproved lands or interests in lands by purchase, donation, exchange, lease (without regard to sections 34 and 40a of Title 40, or any time limit on the availability of funds for the payment of rent), or condemnation (including proceedings under sections 257, 258, 361 to 386, and 258a to 258e of Title 40). (b) By contract or otherwise (without regard to section 1339 of Title 10, section 5 of Title 41, and section 40a of Title 40, or any Federal, State, or municipal laws, ordinances, rules, or regulations relating to plans and specifications or forms of contract, the approval thereof or the submission of estimates therefor) prior to the approval of title by the Attorney General to make surveys and investigations, plan, design, construct, remodel, extend, repair, or demolish structures, buildings, improvements, and community facilities, on lands or interests in lands acquired under the provisions of subsection (a) of this section or on other lands of the United States which may be available (transfers of which for this purpose by the Federal agency having jurisdiction thereof are authorized notwithstanding any other provisions of law), provide proper approaches thereto, utilities, and transportation facilities, and procure necessary materials, supplies, articles, equipment, machinery, and do all things necessary in connection therewith to carry out the purposes of this subchapter: Provided, That the cost-plus-a-percentage-of-cost system of contracting shall not be used, but this proviso shall not be construed to prevent the use of the cost-plus-a-fixed-fee form of contract and so far as is consistent with emergency needs, contracts shall be subject to section 5 of Title 41: Provided, That the cost per permanent family-dwelling unit shall not exceed an average of $3,750 for all types of construction for those units located within the continental United States nor an average of $4,250 for those located elsewhere (exclusive of Alaska), and the cost of no family-dwelling unit shall exceed $4,500 within the continental United

States or $4,750 elsewhere, except in the Territory of Alaska, where the cost shall not exceed $7,500, exclusive of expenses of administration, land acquisition, public utilities, and community facilities, and the aggregate cost of community facilities shall not exceed 3 per centum of the total cost of all projects: Provided further, That where the Administrator shall consider that there is no reasonable prospect of disposing of such housing to meet a need extending beyond the emergency he shall construct temporary units: Provided further, That all items of cost with respect to each such family dwelling unit shall be separately estimated with a view toward economy, and no movable equipment shall be installed in such units, unless the Administrator shall, in any particular case, deem such installation to be in the public interest. (Oct. 14, 1940, ch. 862, title I, § 1, 54 Stat. 1125; Apr. 29, 1941, ch. 80, § 1, 55 Stat. 147; June 28, 1941, ch. 260, § 2, 55 Stat. 361; Jan. 21, 1942. ch. 14, §§ 1, 11, 56 Stat. 11, 13; 1942 Ex. Ord. No. 9070, 1, Feb. 24, 1942, 7 F. R. 1529; 1947 Reorg. Plan No. 3, §§ 1, 4 (a), 9, eff. July 27, 1947, 12 F. R. 4981, 61 Stat. 954; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73.)

REFERENCES IN TEXT

Section 258 of Title 40, referred to in the text, has been omitted from the Code as superseded by Rule 71A of the Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure.

Sections 361 to 386 of Title 40, referred to in the text, related to condemnation proceedings in the District of Columbia, and have been transferred to section 16-1301 et seq. of the District of Columbia Code.

Section 1339 of Title 10, referred to in subsecs. (a) and (b), was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Similar provisions now appear in sections 4774 and 9774 of Title 10, Armed Forces.

Section 40a of title 40, referred to in text, has been codified and the text thereof is set out as section 278a of Title 40, Public Buildings, Property, and Works.

AMENDMENTS

1942-Opening par. Act Jan. 21, 1942, § 1(a), inserted "and living quarters for single persons so engaged." Subsec. (b). Act Jan. 21, 1942, §§ 1(b), 11, substituted "Provided, That the cost per permanent family-dwelling unit .. ⚫ construct temporary units" for the next to last proviso and inserted in the first proviso "and so far as is consistent with emergency needs, contracts shall be subject to section 5 of Title 41."

1941 Subsect. (b). Act June 28, 1941, substituted "this title" for "this Act," translated in subsec. (b) as "this subchapter."

Act Apr. 29, 1941, substituted "$3,500" for "$3,000" and added last proviso.

SHORT TITLE

Act Oct. 14, 1940, which is classified to subchapters II-VII of this chapter, is popularly known as the "Lanham Public War Housing Act."

SAVINGS CLAUSE

Termination of powers at end of emergency, savings, clause, see section 1541 of this title.

TRANSFER OF FUNCTIONS

officer, office, or agency therein shall be deemed to mean the Secretary of Housing and Urban Development, and that the positions and agencies heretofore established by law in connection with the functions, powers, and duties transferred under section 5(a) of Pub. L. 89-174 shall lapse.

The "Housing and Home Finance Administrator" and the "Housing and Home Finance Agency" were substituted for

the "National Housing Administrator" and the "National Housing Agency" respectively, wherever appearing in sections 1521-1524, 1541-1550, 1552, 1553, 1561-1563, 1571, 1572 and 1575 of this title by act Apr. 20, 1950. This identical substitution was also made by 1947 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees.

Functions of Federal Works Administrator relating to defense housing were consolidated with other agencies into the National Housing Agency during World War II by Ex. Ord. No. 9070.

CONTINUATION OF PROVISIONS

Section 1 (a) (12) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 332, as amended by Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, provided that this section should continue in force until six months after the termination of the national emergency proclaimed by the President on Dec. 16, 1950 by 1950 Proc. No. 2914, 15 F. R. 9029, set out as a note preceding section 1 of Appendix to Title 50, War and National Defense, or such earlier date or dates as may be provided for by Congress, but in no event beyond July 1, 1953. Section 7 of Joint Res. July 3, 1952, provided that it should become effective June 16, 1952.

REPEAL OF PRIOR ACTS CONTINUING SECTION

Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal shall take effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

CROSS REFERENCES

District of Columbia defense housing projects, applicability of section, see section 1561 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1541, 1561 of this title and title 12 section 1701g-5.

§ 1522. Definitions; actions to recover developed property.

As used in subchapters II-VII of this chapter, (a) the term "persons engaged in national-defense activities" shall include (1) enlisted men in the naval or military services of the United States; (2) employees of the United States in the Departments of the Navy, Army and Air Force assigned to duty at naval or military reservations, posts, or bases; (3) workers engaged or to be engaged in industries connected with and essential to the national defense; (4) 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, senior grade, assigned to duty at naval or military reservations, posts, or bases, or to duty at defense industries: Provided, That any proceedings for the recovery of possession of any property or project developed or constructed under this subchapter shall be brought by the Administrator in the courts of the States having jurisdiction of such

causes and the laws of the States shall be applicable thereto; (b) the term "Federal agency" means any executive department or office (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 indirectly. (Oct. 14, 1940, ch. 862, title I, § 2, 54 Stat. 1126; Jan. 21, 1942, ch. 14, § 2, 56 Stat. 11; 1942 Ex. Ord. No. 9070, § 1, Feb. 24, 1942, 7 F. R. 1529; 1947 Reorg. Plan No. 3, §§ 1, 4 (a), 9, eff. July 27, 1947, 12 F. R. 4981, 61 Stat. 954; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73.) CODIFICATION

The Department of the Air Force was inserted under the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. The Department of War was designated the Department of the Army and the title of the Secretary of War was 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 30113013 and 8011-8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

AMENDMENTS

1942-Act Jan. 21, 1942, inserted clause (a) (4) and proviso.

TRANSFER OF FUNCTIONS

All of the functions, powers, and duties of the Housing and Home Finance Agency, and its head and other officers and offices of said agency were transferred to and vested in the Secretary of Housing and Urban Development pursuant to Pub. L. 89-174, § 5, Sept. 9, 1965, 79 Stat. 669, classified to section 3534 of this title. Section 9 (c) of Pub. L. 89-174, set out as a note under section 3531 of this title, provided in part that with respect to any function, power, or duty transferred by or under Pub. L. 89-174 and exercised hereafter, reference in another Federal law to the Housing and Home Finance Agency or any other officer, office, or agency therein shall be deemed to mean the Secretary of Housing and Urban Development, and that the positions and agencies heretofore established by law in connection with the functions, powers, and duties transferred under section 5(a) of Pub. L. 89-174 shall lapse.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

The "Housing and Home Finance Administrator" and the "Housing and Home Finance Agency" were substituted for the "National Housing Administrator" and the "National Housing Agency" wherever appearing by act Apr. 20, 1950. This identical substitution was also made by 1947 Reorg. Plan No. 3, set out in the Appendix to Title 5.

Functions of Federal Works Administrator relating to defense housing were consolidated with other agencies into the National Housing Agency during World War II by Ex. Ord. No. 9070.

SUBCHAPTERS II-VII

While this section refers to "subchapters II-VII" of this chapter because of reference, in the original to "this Act", meaning act Oct. 14, 1940, set out in such subchapters, apparently functions under sections 1562 and 1563 of this title, which constitute parts of subchapter

V of this chapter, are vested in the Administrator of General Services rather than the Housing and Home Finance Administrator. They were not included in the transfers of functions effected by 1942 Ex. Ord. No. 9070; 1947 Reorg. Plan No. 3, and 1950 Reorg. Plan No. 17.

CROSS REFERENCES

Public work defined, see section 1531 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1701g-5 of title 12.

§ 1523. Appropriations.

There is authorized to be appropriated to carry out the purpose of this subchapter, in accordance with the authority therein contained and for administrative expenses in connection therewith, including transfer of household goods and effects as provided by section 73c-1 of Title 5, and regulations promulgated thereunder, not to exceed the sum of $1,500,000,000, to remain available until expended: Provided, however, That the Administrator is authorized to reimburse, from funds which may be appropriated pursuant to the authority of this subchapter the sum of $3,300,000 to the emergency funds made available to the President under the Act of June 11, 1940, ch. 313, 54 Stat. 265 entitled "An Act making appropriations for the Navy Department and the naval service for the fiscal year ending June 30, 1941, and for other purposes" (Public Numbered 588), and the sum of $6,700,000 to the emergency funds made available to the President under the Military Appropriation Act, 1941, approved June 13, 1940 (Public Numbered 611): Provided further, That the term "administrative expenses" as used herein shall be deemed to include administrative expenses of the Housing and Home Financing Agency in connection with any functions performed by it, as a claimant agency under the controlled materials plan established pursuant to subsection (a) of section 1152 of Appendix to Title 50, with respect to priorities or allocations of materials relating to public or private housing. (Oct. 14, 1940, ch. 862, title I, § 3, 54 Stat. 1126; Apr. 29, 1941, ch. 80, § 2, 55 Stat. 147; June 28, 1941, ch. 260, § 2, 55 Stat. 361; Jan. 21, 1942, ch. 14, § 3, 56 Stat. 12; Ex. Ord. No. 9070, § 1, Feb 24, 1942, 7 F.R. 1529; Oct. 1, 1942, ch. 572, 56 Stat. 763; July 7, 1943, ch. 196, §§ 1, 2, 57 Stat. 387; July 1, 1944, ch. 374, 58 Stat. 720; 1947 Reorg. Plan No. 3, §§ 1, 4(a), 9, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73.)

REFERENCES IN TEXT

Section 73c-1 of Title 5, referred to in the text, was repealed by act Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807, eff. Nov. 1, 1946, and is now covered by section 5724 et seq. of Title 5, Government Organization and Employees.

AMENDMENTS

1944 Act July 1, 1944, inserted in last proviso immediately following "performed by it" words ", as a claimant agency ..to Title 50,", and deleted "for persons engaged in national defense activities" following "public or private housing".

1943-Act July 7, 1943, substituted "81,500,000,000" for "81,200,000,000," and added proviso relating to administrative expenses.

1942-Act Oct. 1, 1942, substituted "$1,200,000,000" for "$600,000,000".

Act Jan. 21, 1942, amended portion of section preceding proviso.

1941-Act June 28, 1941, substituted "this title" for "this Act", translated herein as "this subchapter."

Act Apr. 29, 1941, substituted "$300,000,000" for "$150,000,000".

TRANSFER OF FUNCTIONS

All of the functions, powers, and duties of the Housing and Home Finance Agency, and its head and other officers and offices of said agency were transferred to and vested in the Secretary of Housing and Urban Development pursuant to Pub. L. 89-174, § 5, Sept. 9, 1965, 79 Stat. 669, classified to section 3534 of this title. Section 9(c) of Pub. L. 89-174, set out as a note under section 3531 of this title, provided in part that with respect to any function, power, or duty transferred by or under Pub. L. 89-174 and exercised hereafter, reference in another Federal law to the Housing and Home Finance Agency or any other officer, office, or agency therein shall be deemed to mean the Secretary of Housing and Urban Development, and that the positions and agencies heretofore established by law in connection with the functions, powers, and duties transferred under section 5(a) of Pub. L. 89-174 shall lapse.

Functions of Federal Works Administrator relating to defense housing were consolidated with other agencies into the National Housing Agency during World War II by Ex. Ord. No. 9070.

ADDITIONAL APPROPRIATIONS

Act Apr. 25, 1945, ch. 95, title I, 59 Stat. 82, as amended July 5, 1945, ch. 271, title I, 59 Stat. 420, provided $84,373,000 as an additional amount to carry out the purposes of this subchapter.

PRIOR ADDITIONAL APPROPRIATIONS

Joint Res. Oct. 14, 1940, ch. 857, 54 Stat. 1115, $75,000,000. Acts Mar. 1, 1941, ch. 9, § 1, 55 Stat. 14, $5,000,000. May 24, 1941, ch. 132, § 1, 55 Stat. 199, $150,000,000. Dec. 17, 1941, ch. 591, title III, 55 Stat. 818, $300,000,000. Dec. 23, 1941, ch. 621, 55 Stat. 855, $300,000,000. July 12, 1943, 4 p. m., E. W. T., ch. 229, title I, 57 Stat. 540, $50,000,000.

Dec. 23, 1943, ch. 380, title I, 57 Stat. 618, $50,000,000. April 1, 1944, ch. 152, title I, § 1, 58 Stat. 153, $115,000,000. June 28, 1944, ch. 304, title I, 58 Stat. 604.

DETERMINATION OF ESSENTIALITY OF PROJECTS

Act July 5, 1945, ch. 271, title I, 59 Stat. 420, provided in part: "Any project in which the War Department or the Navy Department does not have a paramount interest, no obligation shall be incurred unless and until the Director of the Bureau of the Budget shall have determined its essentiality to the prosecution of the war."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1701g-5 of title 12.

§ 1524. Declaration of policy; disposal of housing.

It is declared to be the policy of this subchapter to further the national defense by providing housing in those areas where it cannot otherwise be provided by private enterprise when needed, and that such housing may be sold and disposed of as expeditiously as possible: Provided, That in disposing of said housing consideration shall be given to its full market value and said housing or any part thereof shall not, unless specifically authorized by Congress, be conveyed to any public or private agency organized for slum clearance or to provide subsidized housing for persons of low income: Provided further, That the Administrator may, in his discretion, upon the request of the Secretaries of the Army, Air Force or Navy transfer to the jurisdiction of the Army, Air Force or Navy Departments such housing constructed under the provisions of subchapters II-VII of this chapter as may be considered to be

permanently useful to the Army, Air Force or Navy: Provided further, That whenever the Administrator disposes of any permanent house or structure containing not more than four family dwelling units under authority of this subchapter by offering such house or structure for sale on an individual basis, he shall, when the purchaser is a veteran buying for his own occupancy, sell any such house or structure (1) at a purchase price not in excess of the apportioned cost of such house or structure and of the land and appurtenances allocated thereto, together with the apportioned share of the cost of all utilities and other facilities provided for and common to the project of which such house or structure is a part, or (2) at a purchase price not in excess of such considered full market value of such house or structure and the land, appurtenances, utilities and facilities allocated thereto, whichever purchase price is the less: Provided further, That, for the purposes of this section, housing constructed or acquired under the provisions of Public Law 781, Seventy-sixth Congress, approved September 9, 1940, or Public Law 9, 73, or 353, Seventy-seventh Congress, approved, respectively, March 1, 1941, May 24, 1941, and December 17, 1941, shall be deemed to be housing constructed or acquired under subchapters II-VII of this chapter. (Oct. 14, 1940, ch. 862, title I, § 4, as added Jan. 21, 1942, ch. 14, § 4, 56 Stat. 12, and amended Ex. Ord. No. 9070, § 1, Feb. 24, 1942, 7 F. R. 1259; 1947 Reorg. Plan No. 3, §§ 1, 4 (a), 9, eff. July 27, 1947, 12 F. R. 4981, 61 Stat. 954; June 19, 1948, ch. 520, 62 Stat. 492; June 28, 1948, ch. 688, § 3, 62 Stat. 1064; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73.)

REFERENCES IN TEXT

Public Law 781, Seventy-sixth Congress, referred to in text, was the Second Supplemental National Defense Act, 1941, act Sept. 9, 1940, ch. 717, 56 Stat. 872;

Public Law 9 was the Urgent Deficiency Appropriation Act, 1941, act Mar. 1, 1941, ch. 9, 55 Stat. 14;

Public Law 73 was the Additional Urgent Deficiency Appropriation Act, 1941, act May 24, 1941, ch. 132, 55 Stat.

197.

Public Law 353 was the Third Supplemental National Defense Appropriation Act, 1942, act Dec. 17, 1941, ch. 591, 55 Stat. 810.

CODIFICATION

The Department of the Air Force was inserted to conform to section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501, and Secretary of Defense Transfer Orders No. 14, eff. July 1, 1948, and No. 40 [App. B(126) ], July 29, 1949. The Department of War was designated the Department of the Army and the title of the Secretary of War was 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 3011-3013 and 8011-8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

AMENDMENTS

1948-Act June 19, 1948, added proviso to permit the sale of certain permanent war housing to veterans at a purchase price not in excess of the cost of construction. Act June 28, 1948, added last proviso.

TRANSFER OF FUNCTIONS

All of the functions, powers, and duties of the Housing and Home Finance Agency, and its head and other officers

and offices of said agency were transferred to and vested in the Secretary of Housing and Urban Development pursuant to Pub. L. 89-174, § 5, Sept. 9, 1965, 79 Stat. 669, classified to section 3534 of this title. Section 9(c) of Pub. L. 89-174, set out as a note under section 3531 of this title, provided in part that with respect to any function, power, or duty transferred by or under Pub. L. 89-174 and exercised hereafter, reference in another Federal law to the Housing and Home Finance Agency or any other officer, office, or agency therein shall be deemed to mean the Secretary of Housing and Urban Development, and that the positions and agencies heretofore established by law in connection with the functions, powers, and duties transferred under section 5(a) of Pub. L. 89-174 shall lapse.

Functions of Federal Works Administrator relating to defense housing were consolidated with other agencies into the National Housing Agency during World War II by Ex. Ord. No. 9070.

SUBCHAPTERS II-VII

While this section refers to "subchapters II-VII" of this chapter because of reference, in the original, to "this Act", meaning act Oct. 14, 1940, set out in such subchapters, apparently functions under sections 1562 and 1563 of this title, which constitute parts of subchapter V of this chapter, are vested in the Administrator of General Services rather than the Housing and Home Finance Administrator. They were not included in the transfers of functions effected by 1942 Ex. Ord. No. 9070; 1947 Reorg. Plan No. 3, and 1950 Reorg. Plan No. 17, § 1, eff. May 24, 1950, 15 F. R. 3177, 64 Stat. 1269.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1582 of this title and title 12 section 1701g-5.

SUBCHAPTER III.-DEFENSE PUBLIC WORKS REVOLVING FUND

Establishment of revolving fund under which to account for assets and liabilities in connection with community facilities provided or assisted under sections 1531-1534 of this title, see section 1701g-5 of Title 12, Banks and Banking.

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1522, 1524, 1541, 1542, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1553, 1581, 1584, 1585, 1586, 1588, 1589, 1589b, 1590 of this title; title 12 sections 1701g-5, 1745.

§ 1531. Declaration of policy; definition of "public work."

It is declared to be the policy of this subchapter to provide means by which public works may be acquired, maintained, and operated in the areas described in section 1532 of this title. As used in this subchapter, the term "public work" means any facility necessary for carrying on community life substantially expanded by the national-defense program, but the activities authorized under this subchapter shall be devoted primarily to schools, waterworks, sewers, sewage, garbage and refuse disposal facilities, public sanitary facilities, works for the treatment and purification of water, hospitals and other places for the care of the sick, recreational facilities, and streets and access roads. (Oct. 14, 1940, ch. 862, title II, § 201, as added June 28, 1941. ch. 260, § 3, 55 Stat. 361.)

CROSS REFERENCES

Federal agency defined, see section 1522 of this title. Persons engaged in national defense activities defined, see section 1522 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1701g-5 of title 12.

§ 1532. Housing and Home Finance Administrator's powers respecting defense public works; definition of "private agency."

Whenever the President finds that in any area or locality an acute shortage of public works or equipment for public works necessary to the health, safety, or welfare of persons engaged in national-defense activities exists or impends which would impede national-defense activities, and that such public works or equipment cannot otherwise be provided when needed, or could not be provided without the imposition of an increased excessive tax burden or an unusual or excessive increase in the debt limit of the taxing or borrowing authority in which such shortage exists, the Housing and Home Finance Administrator is authorized, with the approval of the President, in order to relieve such shortage

(a) To acquire, prior to the approval of title by the Attorney General if necessary (without regard to section 1339 of Title 10, and section 5 of Title 41), improved or unimproved lands or interests in lands by purchase, donation, exchange, lease (without regard to sections 34 and 40a of Title 40, or any time limit on the availability of funds for the payment of rent), or condemnation (including proceedings under sections 257, 258, 258a to 258e, and 361 to 386 of Title 40), for such public works.

(b) By contract or otherwise (without regard to section 1339 of Title 10, section 5 of Title 41, section 40a of Title 40, or any Federal, State, or municipal laws, ordinances, rules, or regulations relating to plans and specifications or forms of contract, the approval thereof or the submission of estimates therefor), prior to the approval of title by the Attorney General if necessary, to plan, design, construct, remodel, extend, repair, or lease public works, and to demolish structures, buildings, and improvements, on lands or interests in lands acquired under the provisions of subsection (a) of this section or on other lands of the United States which may be available (transfers of which for this purpose by the Federal agency having jurisdiction thereof are authorized notwithstanding any other provisions of law), provide proper approaches thereto, utilities, and transportation facilities, and procure necessary materials, supplies, articles, equipment, and machinery, and do all things in connection therewith to carry out the purposes of this subchapter.

(c) To make loans or grants, or both, to public and private agencies for public works and equipment therefor, and to make contributions to public or private agencies for the maintenance and operation of public works, upon such terms and in such amounts as the Administrator may consider to be in the public interest. As used in this paragraph, the term "private agency" means any private agency no part of the net earnings of which inures to the benefit of any private shareholder or individual. (Oct. 14, 1940, ch. 862, title II, § 202, as added June 28, 1941, ch. 260, § 3, 55 Stat. 362, and amended Ex.

Ord. No. 9070, § 1, Feb. 24, 1942, 7 F. R. 1529; 1947 Reorg. Plan No. 3, §§ 1, 4 (a), 9, eff. July 27, 1947, 12 F. R. 4981, 61 Stat. 954; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; Apr. 20, 1950, ch. 94, title II, § 204, 64 Stat. 73; 1950 Reorg. Plan No. 17, § 1, eff. May 24, 1950, 15 F.R. 3177, 64 Stat. 1269.)

REFERENCES IN TEXT

Section 1339 of Title 10, referred to in pars. (a) and (b), was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Similar provisions now appear in sections 4774 and 9774 of Title 10, Armed Forces.

Sections 361 to 386 of title 40, referred to in par. (a), related to condemnation proceedings in the District of Columbia and have been transferred to D.C. Code, section 16-1301, et seq.

Section 40a of title 40, referred to in text, has been codified and the text thereof is set out as section 278a of Title 40, Public Buildings, Property, and Works.

SAVINGS CLAUSE

Termination of powers at end of emergency, savings clause, see section 1541 of this title.

TRANSFER OF FUNCTIONS

All of the functions, powers, and duties of the Housing and Home Finance Agency, and its head and other offcers and offices of said agency were transferred to and vested in the Secretary of Housing and Urban Development pursuant to Pub. L. 89-174, § 5, Sept. 9, 1965, 79 Stat. 669, classified to section 3534 of this title. Section 9(c) of Pub. L. 89-174, set out as a note under section 3531 of this title, provided in part that with respect to any function, power, or duty transferred by or under Pub. L. 89-174 and exercised hereafter, reference in another Federal law to the Housing and Home Finance Agency or any other officer, office, or agency therein shall be deemed to mean the Secretary of Housing and Urban Development, and that the positons and agencies heretofore established by law in connection with the functions, powers, and duties transferred under section 5(a) of Pub. L. 89174 shall lapse.

All functions, except as herein described, of the Administrator of General Services under sections 1531-1534 of this title, together with so much of any other function of the Administrator of General Services or of the General Services Administration as is incidental to or necessary for the carrying out of the provisions of those sections, were transferred to the Housing and Home Finance Administrator by 1950 Reorg. Plan No. 17, set out in the Appendix to Title 5, Government Organization and Employees. Section 2 of the Plan excepted, from the transfer, functions with respect to the holding, securities management, and disposition of received

prior to the effective date of the Plan (May 24, 1950) by the General Services Administration or its predecessor agency (Federal Works Agency) by reason of the disposal of property constructed or otherwise acquired under sections 1531-1534 of this title, and functions with respect to litigation, and the liquidation of claims, arising out of the acquisition of land or the construction of facilities under those sections. Section 3 of the Plan vested authority in the Housing and Home Finance Administrator to delegate any of the transferred functions to any other officer, or to any agency or employee, of the Housing and Home Finance Agency. For transfer of records, property, personnel, and funds, see section 4 of the Plan.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the Office of Federal Works Administrator were abolished by section 103 (b) of that act. Section 103 is set out as section 753 of Title 40, Public Buildings, Property, and Works.

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United States Code, Volume 9