[PUBLIC RESOLUTION-No. 106-76TH CONGRESS]

[CHAPTER 857-3D SESSION]

[H. J. Res. 614]

JOINT RESOLUTION

Making an additional appropriation for national defense housing for the fiscal year ending June 30, 1941, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1941, for the purposes enumerated:

FEDERAL WORKS AGENCY

National defense housing: To enable the Federal Works Administrator to carry out the purposes of the Act entitled "An Act to expedite the provision of housing in connection with national defense, and for other purposes", H. R. 10412, as enacted into law during the Seventy-sixth Congress, $75,000,000, to be expended in accordance with the provisions of such Act, to remain available until expended, and to be available for all necessary administrative expenses for the purposes hereof, including personal services and rent in the District of Columbia and elsewhere, printing and binding, and purchase, repair, operation, and maintenance of motor-propelled passenger-carrying vehicles; and in addition to such appropriation, authority is granted to enter into contracts or otherwise to incur obligations for the above purposes in amounts not to exceed in the aggregate $75,000,000: Provided, That in no case under the foregoing appropriation or contractual authorization shall the fixed fee to be paid the contractor under any contract entered into without reference to section 3709 of the Revised Statutes of the United States on a costplus-a-fixed-fee basis exceed 6 per centum of the estimated cost of the contract, exclusive of the fee, as determined by the Administrator or the head of such Federal agency through which he may act: Provided further, That the fact that a contract is entered into under the provisions of the above mentioned Act without reference to section 3709 of the Revised Statutes of the United States shall not be construed to render inapplicable the provisions of the Act of March 3, 1931, as amended by the Act of August 30, 1935 (49 Stat. 1011; U. S. C., title 40, sec. 276 (a)), or the provisions of the Act of June 30, 1936 (49 Stat. 2036; U. S. C., title 41, secs. 35-45), to any contract to which the provisions of either or both of such Acts would otherwise apply.

DEPARTMENT OF AGRICULTURE

Enforcement of the Commodity Exchange Act: For an additional amount to enable the Secretary of Agriculture to carry into effect the

provisions of the Commodity Exchange Act, as amended (7 U. S. C., 1-17a), and as further amended by the Act entitled "An Act to amend the Commodity Exchange Act, as amended, to extend its provisions to fats and oils, cottonseed, cottonseed meal, and peanuts", H. R. 4088, as enacted into law during the Seventy-sixth Congress, $40,000.

Approved, October 14, 1940.

[PUBLIC LAW 42-77TH CONGRESS]

[CHAPTER 80-1ST SESSION]

[H. R. 3486]

AN ACT

To amend the Act of October 14, 1940, relating to defense housing, by authorizing an additional appropriation of $150,000,000, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 (b) of the Act entitled "An Act to expedite the provision of housing in connection with national defense, and for other purposes", approved October 14, 1940, is hereby amended (1) by striking out "$3,000" and inserting in lieu thereof "$3,500" and (2) by striking out the period at the end thereof and adding a colon and the following: "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."

SEC. 2. Section 3 of such Act of October 14, 1940, is hereby amended by striking out "$150,000,000" and inserting in lieu thereof "$300,000,000".

Approved, April 29, 1941.

(135)

[PUBLIC LAW 137-77TH CONGRESS!

[CHAPTER 260-1ST SESSION]

[H. R. 4545]

AN ACT

To provide for the acquisition and equipment of public works made necessary by the defense program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to expedite the provision of housing in connection with national defense, and for other purposes", approved October 14, 1940, as amended, is amended by inserting before section 1 the following title heading:

"TITLE I

"DEFENSE HOUSING"

SEO. 2. Section 1 (b) and section 3 of such Act are amended by striking out "this Act" wherever occurring therein and inserting in lieu thereof "this title".

SEC. 3. Such Act is amended by inserting after section 3 the following:

"TITLE II

"DEFENSE PUBLIC WORKS

"SEC. 201. It is hereby declared to be the policy of this title to provide means by which public works may be acquired, maintained, and operated in the areas described in section 202. As used in this title, 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 title 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.

"SEC. 202. 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 Federal Works 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 sections 1136, as amended,

and 3709 of the Revised Statutes), improved or unimproved lands or interests in lands by purchase, donation, exchange, lease (without regard to section 322 of the Act of June 30, 1932 (47 Stat. 412), as amended, the Act of March 3, 1877 (19 Stat. 370), or any time limit on the availability of funds for the payment of rent), or condemnation (including proceedings under the Acts of August 1, 1888 (25 Stat. 357), March 1, 1929 (45 Stat. 1415), and February 26, 1931 (46 Stat. 1421)), for such public works.

"(b) By contract or otherwise (without regard to sections 1136, as amended, and 3709 of the Revised Statutes, section 322 of the Act of June 30, 1932 (47 Stat. 412), 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) hereof 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 hereby 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 title.

"(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.

"SEC. 203. (a) In carrying out this title―

"(1) no contract on a cost plus a percentage of cost basis shall be made, but contracts may be made on a cost plus a fixed fee basis: Provided, That the fixed fee does not exceed 6 per centum of the estimated cost;

"(2) wherever practicable, utilization shall be made of existing private and public facilities or such facilities shall be extended, enlarged, or equipped in lieu of constructing new facilities;

"(3) public works shall be maintained and operated by officers and employees of the United States only if and to the extent that local public and private agencies are, in the opinion of the Administrator, unable or unwilling to maintain or operate such public works adequately with their own personnel and under loans or grants authorized by this title;

"(4) public works shall be provided on the basis of need and in determining need no discrimination shall be made on account of race, creed, or color.

"(b) No department or agency of the United States shall exercise any supervision or control over any school with respect to which any funds have been or may be expended pursuant to this title, nor shall

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