
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1592m]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
        CHAPTER 9--HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE
 
  SUBCHAPTER IX--DEFENSE HOUSING AND COMMUNITY FACILITIES AND SERVICES
 
Sec. 1592m. Transfer of functions and funds in certain cases

    Subject to all of the limitations and restrictions of this Act, 
including, specifically, the requirements of subsection (c) of section 
1591b of this title and of subsections (c) and (d) of section 1592h of 
this title, where any other officer, department, or agency is 
performing, or, in the determination of the President, has facilities 
adapted to the performance of, functions, powers and duties similar, or 
directly related, to any of the functions, powers and duties which the 
Secretary of Housing and Urban Development is authorized by this 
subchapter to perform with respect to the construction, maintenance or 
operation of community facilities for recreation, and daycare centers, 
or the provision of community services, the President may transfer to 
such other officer, department, or agency any of the functions, powers, 
and duties authorized by this subchapter to be performed with respect 
thereto if he finds that such transfer will assist the furtherance of 
national defense activities, and upon any such transfer, funds in such 
amount as the Director of the Office of Management and Budget shall 
determine, but in no event in excess of the balance of any moneys 
appropriated to the Secretary of Housing and Urban Development pursuant 
to the authorization therefor contained in this subchapter for the 
performance of the transferred functions, powers, and duties, may also 
be transferred by the President to such other officer, department, or 
agency: Provided, That the President, by Executive Order or otherwise, 
may prescribe or direct the manner in which any functions, powers, and 
duties, which the Secretary of Housing and Urban Development is 
authorized by this subchapter to perform with respect to assistance for 
the construction, or the construction of, any community facilities, 
shall be administered in coordination with other officers, departments, 
or agencies having functions or activities related thereto.

(Sept. 1, 1951, ch. 378, title III, Sec. 314, 65 Stat. 308; Pub. L. 89-
174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669; 1970 Reorg. Plan No. 2, 
Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)

                       References in Text

    This Act, referred to in text, means act Sept. 1, 1951, ch. 378, 65 
Stat. 293, as amended, known as the Defense Housing and Community 
Facilities and Services Act of 1951. For complete classification of this 
Act to the Code, see Short Title of 1951 Amendment set out as a note 
under section 1501 of this title and Tables.

                          Transfer of Functions

    For transfer of functions to Secretary of Housing and Urban 
Development, see note set out under section 1581 of this title.
    Functions vested by law (including reorganization plan) in Bureau of 
the Budget or Director of Bureau of the Budget transferred to President 
of United States by section 101 of Reorg. Plan. No. 2, of 1970, eff. 
July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to 
Title 5, Government Organization and Employees. Section 102 of Reorg. 
Plan No. 2, of 1970, redesignated Bureau of the Budget as Office of 
Management and Budget.

      Ex. Ord. No. 10296. Performance of Defense Housing Functions

    Ex. Ord. No. 10296, Oct. 2, 1951, 16 F.R. 10103, as amended by Ex. 
Ord. No. 10461, June 17, 1953, 18 F.R. 3513; Ex. Ord. No. 10593, Jan. 
27, 1955, 20 F.R. 599; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; 
Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, 
Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 
43239, provided:
    1. [Revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239.]
    2. [Revoked by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239.]
    3. The Housing and Home Finance Administrator is hereby designated 
and empowered to perform, without the approval, ratification, or other 
action of the President, the function vested in the President by section 
102(b) of the Act [section 1591a(b) of this title], relative to the 
suspension and relaxation of residential credit restrictions under the 
Defense Production Act of 1950, as amended [50 App. Secs. 2061 to 2166].
    4. Except, as provided in paragraph 5 hereof, the functions 
authorized by Title III of the Act [sections 1592 to 1592o of this 
title] to be performed with respect to or in furtherance of the 
provision, maintenance, or operation of community facilities for, and 
with respect to or in furtherance of the provision of community services 
for, recreation and child day-care centers are hereby transferred to the 
Federal Security Administrator and shall be performed by him or by such 
officers and units of the Federal Security Agency as he may determine.
    5. There are hereby excluded from the transfers effected by 
paragraph 4 hereof (a) functions with respect to site selection and land 
acquisition for, and the construction (including the letting of 
construction contracts, the preparation and approval of plans and 
specifications, and the supervision of construction work and of 
expenditures therefor) of, projects approved by the Federal Security 
Administrator, whether such construction is performed on behalf of, or 
is aided by, the Federal Government, (b) the servicing of loans for the 
construction of projects so approved, and (c) the functions under the 
second and third provisos of section 304 of the Act [section 1592c of 
this title] and those under sections 103(a) and 103(b) of the Act 
[sections 1591b(a) and (b) of this title]: Provided, that (1), the 
Federal Security Administrator or his delegate shall determine the 
general layout, size, and special design features appropriate to the 
particular type of facility, and (2) that final plans and specifications 
shall conform to such determinations.
    6. In the performance of functions with respect to roads and 
highways under the Act, the Housing and Home Finance Administrator shall 
from time to time consult with the Secretary of Commerce or his 
representative as to the relationship of road and highway projects under 
the said Act to road and highway programs under the jurisdiction of the 
said Secretary.
    7. In the performance of functions under Title III of the Act 
[sections 1592 to 1592o of this title] in Territories there shall be 
consultation with the Secretary of the Interior or his representative as 
to the relationship of proposed facilities and services in Territories 
to Territorial programs of the Department of the Interior.
    8. The Housing and Home Finance Administrator, in connection with 
the performance of the pertinent functions vested in him by Title III of 
the Act [sections 1592 to 1592o of this title], shall obtain the 
approval of the Surgeon General of the Public Health Service or his 
representative with respect to the public health aspects of sources of 
water supply developed, utilized, or aided by the said Administrator, 
and shall consult with the Surgeon General or his representative with 
respect to the public health aspects of water distribution systems and 
sewerage systems constructed or aided by the Administrator.
    9. Subject to the consent of the Housing and Home Finance 
Administrator, the Surgeon General of the Public Health Service shall 
utilize the facilities and services of the Housing and Home Finance 
Agency for the performance of the following aspects of the functions 
conferred upon him by section 316 of the Act [section 1592o of this 
title]: (a) the construction by the Federal Government of projects 
approved by the Surgeon General (including the letting of construction 
contracts, the preparation or review of plans and specifications, and 
the supervision of construction work and expenditures therefor), (b) 
land acquisition for projects to be so constructed, and (c) the 
obtaining of information required for the purpose of, and the furnishing 
of recommendations with respect to, (i) the findings provided for in 
sections 103(a) and 103(b) of the Act [sections 1591b(a) and (b) of this 
title], and (ii) the actions provided for in the second and third 
provisos of section 304 of the Act [section 1592c of this title]. The 
Surgeon General shall pay the Housing and Home Finance Agency for such 
utilization, either in advance or otherwise, out of funds available to 
him for the performance of such functions.
    10. Subject to the consent of the Federal Security Administrator, 
the Housing and Home Finance Administrator shall utilize the facilities 
and services of the Federal Security Agency in connection with the 
providing of library facilities under Title III of the Act [sections 
1592 to 1592o of this title] in such manner that the division of work 
with respect to library facilities as between the Housing and Home 
Finance Administrator and the Federal Security Administrator will be the 
same as that with respect to recreation and child day-care center 
facilities as indicated in paragraphs 4 and 5 of this order. The Housing 
and Home Finance Administrator shall pay the Federal Security 
Administrator for such utilization, either in advance or otherwise, out 
of funds available to the Housing and Home Finance Administrator for the 
performance of the functions involved.
    11. Paragraphs 9 and 10 shall not be construed as a limitation upon 
the Surgeon General or the Housing and Home Finance Administrator, as 
the case may be, with respect to utilization or delegation other than 
that referred to in such paragraphs and not inconsistent with the 
provisions of such paragraphs, respectively, or as divesting either the 
Surgeon General or the Administrator of any function conferred upon him 
by the Act.
    12. As used in this order the term ``functions'' embraces duties, 
powers, responsibilities, authority, or discretion, and the term 
``perform'' may be construed to mean ``exercise''.
