Page:United States Statutes at Large Volume 54 Part 1.djvu/1160

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PUBLIC LAWS-CH. 862-OCT. 14 , 1940 Acquisition of lands, etc. 10 U. S. C. §1339; 41U.S.C.§5. 40U. s. c. §40a; Supp. V,i 40a. 40U. S.C. §34. 40 U. S. C. §§257- 258e, 361-386; Supp. V, § 385. Planning and con- struction of buildings, etc. Provisos. Cost-plus contracts. Family dwelling units, cost limitations. ('ommunity facili- ties. "Persons engaged In national-defense activ- ities" defined. " Federal agency." Appropriation au- thorized. Ante, p. 1115 . Provio. Reimbrsement to diated emergency and that such housing would not be provided by private capital when needed, the Federal Works Administrator (hereinafter referred to as the "Administrator") is authorized: (a) To acquire prior to the approval of title by the Attorney Gen- eral (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 pro- ceedings under the Acts of August 1, 1888 (25 Stat. 357), March 1, 1929 (45 Stat. 1415), and February 26, 1931 (46 Stat. 1421)). (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 specifica- tions 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, improve- ments, and community facilities, 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, machinery, and do all things necessary in connection therewith to carry out the purposes of this Act: 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: Provided, That the cost per family dwelling unit shall not exceed an average of $3,000 for those units located within the con- tinental United States nor an average of $4,000 for those located else- where, and the cost of no family dwelling unit shall exceed $3,950 within the continental United States or $4,750 elsewhere, 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. SFC. 2 . As used in this Act (a) the term "persons engaged in national- defense activities" shall include (1) enlisted men in the naval or mili- tary services of the United States; (2) employees of the United States in the Navy and War Departments 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; (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. SEC. 3 . The sum of $150,000,000, to remain available until expended, is hereby authorized to be appropriated to carry out the purposes of this Act in accordance with the authority therein contained and for administrative expenses in connection therewith: Provided, however, That the Administrator is authorized to reimburse, from funds which may be appropriated pursuant to the authority of this Act, the sum of $3,300,000 to the emergency funds made available to the President under the Act of June 11,1940, entitled "An Act making appropriations for [54 STAT.