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[S. 88] AN ACT

To authorize the Postmaster General to investigate the conditions of the lease of the post-office garage in Boston, Massachusetts, and to readjust the terms thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster General is hereby directed, because of the conditions encountered in the performance of the contract for the construction and lease of the post-office garage in Boston, Massachusetts, and the modifications made in said building from the original specifications, during the course of construction, to meet the aforesaid conditions, and to provide a larger and better building than was required under the original contract and specifications; to readjust the rental, and the purchase options in the existing lease by increasing the annual rental under the lease from March 23, 1931, but not in excess of $7,500, and by increasing the purchase options not in excess of $75,000.

Approved, March 1, 1933.

[PUBLIC-No. 390-72D CONGRESS]

(H. R. 14321]

AN ACT

To authorize the Secretary of the Treasury in his discretion to acquire a new site in Huntsville, Alabama, and to construct a building thereon for the accommodation of the courts, post office, and other Government offices.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized, in his discretion, to acquire a new site in Huntsville, Alabama, and to construct a building thereon for the accommodation of the courts, post office, and other Government offices, at a cost not to exceed the sum of $234,000, in lieu of the acquisition of additional land, demolition of building and construction of a new building within said limit of cost fixed under authority of the Act approved July 21, 1932, as modified by the Act approved June 30, 1932.

Approved, March 1, 1933.

[H. J. Res. 583]

JOINT RESOLUTION

To provide for a change of site of the Federal building to be constructed at Binghamton, New York.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is authorized and directed to cause the new Federal building at Binghamton, New York (authorized by the Second Deficiency Act, fiscal year 1931, approved March 4, 1931 (46 Stat. 1587)), to be erected on the Government-owned site located on the north side of Henry Street and extending northwardly between Washington and State Streets, in lieu of on the site of the present post-office building. For such purpose, the Secretary is authorized and directed to (a) cancel the existing contract or contracts for the erection of such new building and make a settlement with the contractor for damages sustained by him as the result of such cancellation, or (b) effect a modification of such contract or contracts to provide for construction of the new building on the Henry Street site, and allow reasonable additional compensation for any damages or increased costs occasioned the contractor by the change to such new site.

SEC. 2. The Secretary of the Treasury is further authorized and directed to purchase additional land necessary to permit the construction of such new building on the Henry Street site.

SEC. 3. All obligations incurred and/or expenditures made in carrying out the provisions of this joint resolution shall be limited to the amount made available and fixed by existing law for the demolition of the old building and construction of such new building, and shall not be in excess of such amount.

SEC. 4. After occupancy of the new building constructed pursuant to this joint resolution, no rented postal station shall be maintained within 2,000 feet of such building.

SEC. 5. The Act entitled "An Act to authorize the sale of the Government property acquired for a post-office site in Binghamton, New York," approved May 13, 1930 (46 Stat. 273), is amended to read as follows:

"That the Secretary of the Treasury is authorized and directed to transfer by the usual quitclaim deed to the city of Binghamton, New York, the southerly triangular portion (measuring approximately fifty-nine and eighty-four one-hundredths feet on Washington Street and one hundred and fifty-nine and seventy-five one-hundredths feet on Henry Street), or such portion thereof as the Secretary may deem practicable, for the purpose of straightening out said Henry Street, of the Government property acquired for a post-office site in such city, fronting on the north side of Henry Street and extending northwardly between Washington and State Streets."

Approved, February 28, 1933.

[PUBLIO NO. 67-73D CONGRESS]

[H. R. 5755]

AN ACT

To encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works, and for other purposes.

TITLE II-PUBLIC WORKS AND

CONSTRUCTION

PROJECTS

FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS

SECTION 201. (a) To effectuate the purposes of this title, the President is hereby authorized to create a Federal Emergency Administration of Public Works, all the powers of which shall be exercised by a Federal Emergency Administrator of Public Works (hereafter referred to as the "Administrator "), and to establish such agencies, to accept and utilize such voluntary and uncompensated services, to appoint, without regard to the civil service laws, such officers and employees, and to utilize such Federal officers and employees, and, with the consent of the State, such State and local officers and employees as he may find necessary, to prescribe their authorities, duties, responsibilities, and tenure, and, without regard to the Classification Act of 1923, as amended, to fix the compensation of any officers and employees so appointed. The President may delegate any of his functions and powers under this title to such officers, agents, and employees as he may designate or appoint.

(b) The Administrator may, without regard to the civil service laws or the Classification Act of 1923, as amended, appoint and fix the compensation of such experts and such other officers and employees as are necessary to carry out the provisions of this title; and may make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, for law books and books of reference, and for paper, printing and binding) as are necessary to carry out the provisions of this title. (c) All such compensation, expenses, and allowances shall be paid out of funds made available by this Act.

(d) After the expiration of two years after the date of the enactment of this Act, or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 has ended, the President shall not make any further loans or grants or enter upon any new construction under this title, and any agencies established hereunder shall cease to exist and any of their remaining functions shall be transferred to such departments of the Government as the President shall designate: Provided, That he may issue funds to a borrower under this title prior to January 23, 1939, under the terms of any agreement, or any commitment to bid upon or purchase bonds, entered into with such borrower prior to the date of termination, under this section, of the power of the President to make loans.

SEC. 202. The Administrator, under the direction of the President, shall prepare a comprehensive program of public works, which shall include among other things the following: (a) Construction, repair, and improvement of public highways and park ways, public buildings, and any publicly owned instrumentalities and facilities; (b) conservation and development of natural resources, including control, utilization, and purification of waters, prevention of soil or coastal erosion, development of water power, transmission of electrical energy, and construction of river and harbor improvements and flood control and also the construction of any river or drainage improvement required to perform or satisfy any obligation incurred by the United States through a treaty with a foreign Government heretofore ratified and to restore or develop for the use of any State or its citizens water taken from or denied to them by performance on the part of the United States of treaty obligations heretofore assumed: Provided, That no river or harbor improvements shall be carried out unless they shall have heretofore or hereafter been adopted by the Congress or are recommended by the Chief of Engineers of the United States Army; (c) any projects of the character heretofore constructed or carried on either directly by public authority or with public aid to serve the interests of the general public; (d) construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects; (e) any project (other than those included in the foregoing classes) of any character heretofore eligible for loans under subsection (a) of section 201 of the Emergency Relief and Construction Act of 1932, as amended, and paragraph (3) of such subsection (a) shall for such purposes be held to include loans for the construction or completion of hospitals the operation of which is partly financed from public funds, and of reservoirs and pumping plants and for the construction of dry docks; and if in the opinion of the President it seems desirable, the construction of naval vessels within the terms and/or limits established by the London Naval Treaty of 1930 and of aircraft required therefor and construction of heavier-than-air aircraft and technical construction for the Army Air Corps and such Army housing projects as the President may approve, and provision of original equipment for the mechanization or motorization of such Army tactical units as he may designate: Provided, however, That in the event of an international agreement for the further limitation of armament, to which the United States is signatory, the President is hereby authorized and empowered to suspend, in whole or in part, any such naval or military construction or mechanization and motorization of Army units: Provided further, That this title shall not be applicable to public works under the jurisdiction or control of the Architect of the Capitol or of any commission or committee for which such Architect is the contracting and/or executive officer.

SEC. 203. (a) With a view to increasing employment quickly (while reasonably securing any loans made by the United States) the President is authorized and empowered, through the Administrator or through such other agencies as he may designate or create, (1) to construct, finance, or aid in the construction or financing of any publicworks project included in the program prepared pursuant to section

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202; (2) upon such terms as the President shall prescribe, to make grants to States, municipalities, or other public bodies for the construction, repair, or improvement of any such project, but no such grant shall be in excess of 30 per centum of the cost of the labor and materials employed upon such project; (3) to acquire by purchase, or by exercise of the power of eminent domain, any real or personal property in connection with the construction of any such project, and to sell any security acquired or any property so constructed or acquired or to lease any such property with or without the privilege of purchase: Provided, That all moneys received from any such sale or lease or the repayment of any loan shall be used to retire obligations issued pursuant to section 209 of this Act, in addition to any other moneys required to be used for such purpose; (4) to aid in the financing of such railroad maintenance and equipment as may be approved by the Interstate Commerce Commission as desirable. for the improvement of transportation facilities; and (5) to advance, upon request of the Commission having jurisdiction of the project, the unappropriated balance of the sum authorized for carrying out the provisions of the Act entitled "An Act to provide for the construction and equipment of an annex to the Library of Con

", approved June 13, 1930 (46 Stat. 583); such advance to be expended under the direction of such Commission and in accordance with such Act: Provided, That in deciding to extend any aid or grant hereunder to any State, county, or municipality the President may consider whether action is in process or in good faith assured therein reasonably designed to bring the ordinary current expenditures thereof within the prudently estimated revenues thereof. The provisions of this section and section 202 shall extend to public works in the several States, Hawaii, Alaska, the District of Columbia, Puerto Rico, the Canal Zone, and the Virgin Islands.

(b) All expenditures for authorized travel by officers and employees, including subsistence, required on account of any Federal public-works projects, shall be charged to the amounts allocated to such projects, notwithstanding any other provisions of law; and there is authorized to be employed such personal services in the District of Columbia and elsewhere as may be required to be engaged upon such work and to be in addition to employees otherwise provided for, the compensation of such additional personal services to be a charge against the funds made available for such construction work.

(c) In the acquisition of any land or site for the purposes of Federal public buildings and in the construction of such buildings provided for in this title, the provisions contained in sections 305 and 306 of the Emergency Relief and Construction Act of 1932, as amended, shall apply.

(d) The President, in his discretion, and under such terms as he may prescribe, may extend any of the benefits of this title to any State, county, or municipality notwithstanding any constitutional or legal restriction or limitation on the right or power of such State, county, or municipality to borrow money or incur indebtedness.

SEC. 204. (a) For the purpose of providing for emergency construction of public highways and related projects, the President is

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