EMERGENCY POWERS CONTINUATION ACT WEDNESDAY, MARCH 12, 1952 HOUSE OF REPRESENTATIVES, The subcommittee met at 10: 20 a. m., in room 346, Old House Office Building, the Honorable E. L. Forrester presiding. Subcommittee members present: Representatives Forrester (presiding), Pickett, Boggs, and Hillings. Mr. FORRESTER. We will come to order. We will proceed with our hearing. Mr. BURRUS. Mr. Forrester, we have one more veterans item. On page 29, section 2 (b) (6) in the bill, is the preferences for veterans for whom Federally owned housing is available under the provisions of the Lanham Act. This provides preferences in the occupation of housing for veterans and their families. Mr. Amis and Mr. Grove of the Public Housing Administration are our witnesses. Mr. Amis is the General Counsel of the Administration, and Mr. Grove is Assistant General Counsel. Mr. FORRESTER. Which one of these gentlemen will testify first? Mr. AMIS. I will testify, but I would like to be able to call on Mr. Grove at times, Mr. Forrester. Mr. FORRESTER. Do that as you like. Proceed. Section 2 (b) (6), Title 42 Section 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 40a and 34 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, 361-368, and 258a-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 subsecton (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-plusa-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 familydwelling 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 were 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, c. 862, Title I, section 1, 54 Stat. 1125, as amended Apr. 29, 1941, c. 80, section 1, 55 Stat. 147; June 28, 1941, c. 260, section 2, 55 Stat. 361; Jan. 21, 1942, c. 14, sections 1, 11, 56 Stat. 11, 13; 1942 Ex. Ord. No. 9070, section 1, Feb. 24, 1942, 7 F. R. 1529; 1947 Reorg. Plan No. 3, eff. July 27, 1947, 12 F. R. 4981, 61 Stat. 954; Apr. 20, 1950, c. 94, Title II, section 204, 64 Stat. 73. Section 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 section 40a of Title 40 as amended, section 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, 361-368 and 258e 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 of 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 insures to the benefit of any private shareholder or individual. Oct. 14, 1940, c. 862, Title II, section 202, as added June 28, 1941, c. 260, section 3, 55 Stat. 362, and amended 1942 Ex. Ord. No. 9070, section 1, Feb. 24, 1942, 7 F. R. 1529; 1947 Reorg. Plan No. 3, eff. July 27, 1947, 12 F. R. 4981, 61 Stat. 954; June 30, 1949, c. 288, Title I, section 103, 63 Stat. 380; Apr. 20, 1950, c. 94, Title II, section 204, 64 Stat. 73; 1950 Reorg. Plan No. 17, section 1, eff. May 24, 1950, 15 F. R. 3177, 64 Stat. 1269. Section 1541. Termination of subchapters II-VII; saving clause. When the President shall have declared that the emergency declared by him on September 8, 1939, has ceased to exist (a) the authority contained in sections 1521, 1532, 1561, and 1562 of this title shall terminate except with respect to contracts on projects previously entered into or undertaken and court proceedings then pending, and (b) property acquired or constructed under subchapters II-VII of this chapter (including schools and hospitals) shall be disposed of as promptly as may be advantageous under the circumstances and in the public interest. Oct. 14, 1940, c. 862, Title III, section 4, 54 Stat. 1127; renumbered section 301, and amended June 28, 1941, c. 260, 4 (a), 55 Stat. 363; Apr. 10, 1942, c. 239, section 1, 56 Stat. 212. Section 1561. Appropriation for housing of United States employees; administration; disposition of housing. (a) The sum of $30,000,000, to remain available until expended, is authorized to be appropriated for the purpose of enabling the Housing and Home Finance Agency to provide housing in or near the District of Columbia (including living quarters for single persons and for families) for employees of the United States whose duties are determined by the Housing and Home Finance Administrator to be essential to national defense and to require them to reside in or near the District of Columbia. (b) In providing the housing for which an appropriation is authorized by subsection (a) of this section, the Housing and Home Finance Administrator is authorized to exercise all of the powers specified in subsections (a) and (b) of section 1521 of this title, subject to the limitations, upon exercise of such powers specified in such subsections. (c) The funds authorized to be appropriated by this section shall be available to pay administrative expenses in connection with providing the housing for which such funds are authorized to be appropriated. (d) The housing provided with funds authorized to be appropriated by this section 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. Oct. 14, 1940, c. 862, Title IV, section 401, as added Apr. 10, 1942, c. 239, section 4, 56 Stat. 212, and amended 1947 Reorg. Plan No. 3, eff. July 27, 1947, 12 F. R. 4981, 61 Stat. 954; Apr. 20, 1950, c. 94, Title II, section 204, 64 Stat. 73. Section 1562. Appropriations for public works projects; administration. (a) The sum of $20,000,000, to remain available until expended, is authorized to be appropriated for the purpose of enabling the Administrator of General Services to provide public works and equipment therefor in and near the District of Columbia. Such public works may include, but shall not be limited to, schools, waterworks, sewers, public sanitary facilities, works for the treatment and purification of water, hospitals and other places for the care of the sick, recreational facilities, streets, roads, facilities for the disposal of sewage, garbage, and refuse, and other types of necessary public works. (b) In providing the public works and equipment therefor for which appropriations are authorized by subsection (a) of this section, the Administrator of General Services is authorized to exercise all of the powers specified in subsections (a), (b), and (c) of section 1532 of this title. Such public works and equipment therefor shall be provided subject to the provisions of section 1533 of this title. (c) The funds authorized to be appropriated by this section shall be available to pay administrative expenses in connection with providing the public works and equipment therefor for which such funds are authorized to be appropriated. Oct. 14, 1940, c. 862, Title IV, section 402, as added Apr. 10, 1942, c. 239, section 4, 56 Stat. 213, and amended June 30, 1949, c. 288, Title I, section 103, 63 Stat. 380. Section 1571. Construction of temporary housing facilities; rentals. In those areas or localities where the Administrator shall find that an acute shortage of housiing exists or impends and that, because of war restrictions, permanent housing cannot be provided in sufficient quantities when needed, the Administrator is authorized to exercise all of the powers specified in subchapters II and IV of this chapter, subject to all of the limitations upon the exercise of such powers contained in such subchapters, to provide housing for distressed families of servicemen and for veterans and their families who are affected by evictions or other unusual hardships (where their needs cannot be met through utilization of the existing housing supply, including housing under the jurisdiction of the Administrator): Provided, That any housing constructed under the provisions of this subchapter shall be undertaken only where the need cannot be met by moving existing housing and shall be of a temporary character subject to the removal provisions contained in subchapter IV of this chapter: And provided further, that the Administrator shall fix fair rentals for housing constructed or made available pursuant to this subchapter which shall be within the financial reach of families of servicemen and veterans with families. Oct. 14, 1940, c. 862, Title V, section 501, as added June 23, 1945, c. 192, 59 Stat. 260, and amended 1947 Reorg. Plan No. 3, eff. July 27, 1947, 12 F. R. 4981, 61 Stat. 954: Apr. 20, 1950, c. 94, Title II, section 204, 64 Stat. 73. Section 1573. Definitions. As used in this subchapter the term "families of servicemen" shall include the family of any person who is serving in the military or naval forces of the United States, and the term "veterans" shall include any person who has served in the military or naval forces of the United States during the present war and who has been discharged or released therefrom under conditions other than dishonorable. Oct. 14, 1940, c. 862, Title V, section 503, as added June 23, 1945, c. 192, 59 Stat. 260. STATEMENT OF MARSHALL W. AMIS, GENERAL COUNSEL, PUBLIC HOUSING ADMINISTRATION, ACCOMPANIED BY BERNARD L. GROVE, ASSISTANT GENERAL COUNSEL, PUBLIC HOUSING ADMINISTRATION Mr. AMIS. Under section 501 of the Lanham Act, which is the act of October 14, 1940, the veterans' housing as well as all of the permanent and temporary housing built under the Lanham Act was made available for occupancy by veterans; and then at a later point in section 503 of the Lanham Act the term "veterans" as used in title V is defined as being persons who have served in the military or naval forces of the United States during the present war. We have interpreted that to mean the war that was in existence when that statute was passed in 1945; and of course, with the termination of the war their eligibility and any preferences that they might have to be admitted to that housing would end as to those who served only in the Korean conflict. This statute is to extend that right or eligibility to admission to that housing to those people who are servicemen or veterans only in the Korean conflict. In that connection, Mr. Forrester, I might just say that this is necessitated by what is purely an oversight in the drafting of Public Law 214 of the Eighty-second Congress, approved October 26, 1951, which amended certain housing legislation to grant preferences to veterans of the Korean conflict. That statute amends a number of statutes-the United States Housing Act and the National Housing Act, Public Law 65 of the Eightyfirst Congress, which is a law for the disposition of the Greentowns, |