42 U.S.C. § 1501 — Cooperation between departments; defini-

Page 4819 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1501 Sec. 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 hous- ing exempted; preference in fulfilling va- cancies. 1585. Acquisition of housing sites. 1586. Sale of specific housing projects. 1587. Disposition of other permanent war housing. 1588. Sale of vacant land to local housing authori- ties; sale of personal property. 1589. Conveyance of land and nondwelling struc- tures 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 oc- cupancy of housing; effect on prior tenants. 1589c. Transfer of certain housing to Indians. 1589d. Undisposed housing. 1590. Definitions. SUBCHAPTER VIII—CRITICAL DEFENSE HOUSING AREAS 1591. Determination of critical areas by President; requisite conditions. 1591a. Construction by private enterprise. 1591b. Community facilities or services by local agencies. 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. 1592b. Maximum construction costs; determinations by Secretary in certain condemnation pro- ceedings. 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. 1592e. Interagency transfers of property; application of rules and regulations. 1592f. Preservation of local civil and criminal juris- diction, 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. 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 indus- tries. SUBCHAPTER XI—HOUSING FOR MILITARY PERSONNEL 1594. Contracts for construction. Sec. 1594a. Acquisition of military housing financed under Armed Services Housing Mortgage Insurance Fund and rental housing at mili- tary bases. 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. SUBCHAPTER I—PROJECTS GENERALLY § 1501. Cooperation between departments; defini- tions; limitation of projects In connection with the national defense pro- gram, 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 per- sons 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 con- nected with and essential to the national de- fense program. No project shall be developed or assisted for the purposes of this subchapter ex- cept 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. (June 28, 1940, ch. 440, title II, § 201, 54 Stat. 681; Oct. 26, 1942, ch. 626, § 1(a), 56 Stat. 988; July 26, 1947, ch. 343, title II, §§ 205(a), 207(a), (f), 61 Stat. 501–503; 1947 Reorg. Plan No. 3, § 4(a), eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 955; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes AMENDMENTS 1942—Act Oct. 26, 1942, substituted ‘‘and officers of the Army and Marine Corps not above the grade of cap- tain, and officers of the Navy and Coast Guard, not above the grade of lieutenant’’ for ‘‘(excluding offi- cers)’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of the Air Force inserted to conform to act July 26, 1947, ch. 343, title II, § 207(a), (f), 61 Stat. 502, 503, 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 act July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501. Sections 205(a) and 207(a), (f) of act July 26, 1947, were repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Page 4820 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1502 1 See References in Text note below. Stat. 641. Act Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 1, en- acted ‘‘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 Sec- retary of the Army and Secretary of the Air Force, re- spectively. SHORT TITLE OF 1951 AMENDMENT Act Sept. 1, 1951, ch. 378, § 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, and former sec- tion 2136 of the former 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, and former section 2135 of the former Appendix to Title 50, 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 classi- fied to subchapters II to VII of this chapter, is popu- larly known as the ‘‘Lanham Public War Housing Act’’. 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. 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, § 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 Admin- istration have lapsed. Executive Documents TRANSFER OF FUNCTIONS United States Housing Authority consolidated into Housing and Home Finance Agency by Reorg. Plan No. 3 of 1947, § 1, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organi- zation 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 abol- ished office of Administrator of United States Housing Authority, whose functions were transferred by section 4 of such Plan to Public Housing Commissioner. § 1502. Initiation and development of projects; ju- risdiction; acquisition of property; fees of ar- chitects, engineers, etc. (a) Projects may be initiated under this sub- chapter 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 employ- ees of the Departments of the Navy, Army, and Air Force described in section 1501 of this title. Such projects shall be developed by the Depart- ment of the Navy or Army or the Air Force or by the Secretary of Housing and Urban Develop- ment, 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 tech- nical assistance and by transferring to such De- partment the funds necessary for the develop- ment 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 Develop- ment (who shall have title to such project until repayment of the cost thereof to the Secretary of Housing and Urban Development as pre- scribed 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 Sec- retary of Housing and Urban Development shall (insofar as applicable and not inconsistent here- with) 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 devel- oped or leased by it, and the Secretary of Hous- ing 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 other- wise. 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 Hous- ing 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 sub- chapter or of any dwelling therein. Condemna- tion proceedings instituted by the Secretary of Housing and Urban Development shall be in the Secretary’s own name and the practice and pro- cedure governing such proceedings by the United States shall be followed, and the Sec- retary 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