Chapter 74. To authorize the President to provide housing for war needs
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CHAP. 74.— An Act To authorize the President to provide housing for war needs. May 16, 1918.[[H. R. 10265](/us/bill/65/hr/10265).][[Public, No. 149](/us/pl/65/149).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Housing for war needs.President to provide houses, etc., for workers and their families during the war. That the President, for the purposes of providing housing, local transportation and other general community utilities for such industrial workers as are engaged in arsenals and navy yards of the United States and in industries connected with and essential to the national defense, and their families,Employees in District of Columbia. and also employees of the United States whose duties require them to reside in the District of Columbia, and whose services are essential to war needs, and their families, only during the continuation of thePowers conferred. existing war, is hereby authorized and empowered, within the limits of the amounts herein authorized—
(a)Purchase, condemnation, etc., of houses, local transportation, etc. To purchase, acquire by lease, construct, requisition, or acquire by condemnation or by gift such houses, buildings, furnishings, improvements, local transportation and other general community utilities and parts thereof as he may determine to be necessary for the proper conduct of the existing war.
(b)Lands, buildings thereon, etc. To purchase, lease, requisition, or acquire by condemnation or by gift any improved or unimproved land, or any right, title, or interest therein on which such houses, buildings, improvements, local transportation and other general community utilities and parts*Provisos*.Restriction as to colleges, private furnishings, etc. thereof have been or may be constructed: *Provided*, That colleges, museums, libraries, State or municipal buildings, and the furnishings in private dwellings shall not be acquired except by contract, norOccupied dwellings.Contracts for. shall any occupied dwelling or place of abode be taken under the powers in this Act given except by contract unless the necessity thereof shall be determined by a judge of the circuit or district court of the United States exercising jurisdiction in the locality on petition setting forth the reason and necessity for such taking: the hearing on such petition shall be upon notice to the owner and occupant of such dwelling, and the determination of such judge shall be final, but in no event shall any occupied private dwelling house be taken except by contract unless such dwelling be upon lands desired forExisting limitations on con tracts with the Government not applicable. the construction of a Government structure: *Provided further*, That no existing limitation upon the right of any person to make a contract with the United States shall apply to owners whose property551 the President determines is necessary for Government purposes and desires to either lease or purchase by contract under this or any other Act authorizing the President to acquire property by lease or purchase.
(c)To equip, manage, maintain, alter, rent, lease, exchange, sell,Management, sale, etc., of properties. and convey such lands, or any right, title, or interest therein, houses, buildings, improvements, local transportation and other general community utilities, parts thereof, and equipment upon such terms and conditions as he may determine: *Provided*, That no sale and*Provisos*.Conditions of sales. conveyance shall be made hereunder on credit without reserving a first lien on such property for the unpaid purchase money: *Provided further*,Free disposal, rental, etc., forbidden. That in no case shall any property hereby acquired be given away, nor shall rents be furnished free, but the rental charges shall be reasonable and just as between the employees and the Government.
(d)To aid in providing, equipping, managing, and maintainingAid by loans to persons providing houses, etc. houses, buildings, improvements, local transportation and other general community utilities by loan or otherwise to such person or persons and upon such terms and conditions as he may determine: *Provided*, That no loan shall be made at a less rate of interest than*Provisos*.Interest and security. five per centum per annum, and such loan shall be properly secured by lien, mortgage, or otherwise: *And provided further*, That no loanCitizenship requirement. shall be made and no house or money given under this Act to any person not an American citizen.
(e)To take possession of, alter, repair, improve, and suitablyDistrict of Columbia.Use, etc., of Government owned buildings in. arrange for living purposes to be used under the terms of this Act all houses on square six hundred and thirty-three except the Maltby Building, owned by the United States, together with any other houses in the District of Columbia owned by the Government and not now occupied. The President shall, in the construction ofUse of unassigned Government owned lands for buildings. buildings in the District of Columbia, make use of any lands owned by the Government of the United States deemed by him to be suitable for the purpose and which have not heretofore been dedicated by Act of Congress for specific buildings. The President may exercise any power or discretion herein granted,Execution of powers, etc. and may enter into any arrangement or contract incidental thereto, through such agency or agencies as he may create or designate: *Provided*, That houses erected by the Government under the*Provisos*.Temporary character of buildings. authority of this Act shall be of only a temporary character except where the interests of the Government will be best subserved by the erection of buildings of a permanent character: *Provided further*,Use of force of the Supervising Architect. That whenever it is practicable to use any part of the office or field force of the Office of the Supervising Architect of the Treasury Department in or about any of the work contemplated by this Act, the President shall do so. Sec. 2. That whenever the President shall purchase, lease, requisition,Compensation to be determined by the President. or acquire by condemnation or by gift such land or right, title, or interest therein, or such houses, buildings, furnishings, improvements, local transportation and other general community utilities, and parts thereof, he shall make just compensation therefor, to be determined by him, and if the amount thereof so determinedSuit, etc., if amount unsatisfactory. is unsatisfactory to the person entitled to receive the same, such person shall be paid seventy-five per centum of the amount so determined and shall be entitled to sue the United States to recover such further sum as, added to such seventy-five per centum, will make up such amount as will be just compensation therefor in theProcedure.Vol. 36, pp. 1093, 1136. manner provided for by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. Sec. 3. That upon the requisition of or the fifing of a petition forImmediate possession on filing condemnation petition. the condemnation hereunder of such land, or any right, title, or interest therein, or such houses, buildings, furnishings, improvements,552 local transportation and other general community utilities, and parts thereof, immediate possession thereof may be taken to the extent of the interest to be acquired and the same may be occupied, occupant being given ten days’ notice in which to vacate, and used, and theRestriction as to title, etc., suspended.[R. S., sec. 355, p. 60](/us/rs/s355/p60). provisions of section three hundred and fifty-five of the Revised Statutes, providing that no public money shall be expended upon such land until the written opinion of the Attorney General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land is located has been given, shall be, and the same are hereby, suspended as to all real estate acquired hereunder. Sec. 4. “Person” construed. That the word “person” used herein shall include any person, trustee, firm, or corporation. Sec. 5. Powers to cease with the war. That the power and authority granted herein shall cease with the termination of the present war, except the power and authority to care for, sell, or rent such property as remains undisposed of and to conclude and execute contracts for the sale of propertySale, etc., of property. made during the war. Such property shall be sold as soon after the conclusion of the war as it can be advantageously done:*Proviso*.Action of Congress required. *Provided*, That before any sale is consummated the same must be authorized by Congress. Sec. 6. Full reports to Congress.Details specified. That at the beginning of each session of Congress the President shall make to Congress a full and detailed report covering all of the transactions with relation to the subject matter of this Act, describing each parcel of land purchased, leased, or otherwise acquired, the improvements made thereon, together with the amount of money spent in connection therewith and the disposition of the same; descriptions of all parcels of property sold, to whom, the terms of sale, and the status of the title at the time of the making of such report; description of each piece of property purchased under the terms of this Act and still owned by the Government and the estimated value; a list showing the names of all persons who have been employed in any capacity to aid in carrying out the provisions of this Act, the service rendered by each and the amount of compensation, including fees, commissions, allowances, and traveling expenses paid to each, and a full, detailed, itemized statement showing each and every transaction in the execution of the trust hereinFinal report. created, and immediately after the declaration of peace the President shall make a final report to Congress covering in detail all the operations and transactions, under and by virtue of the terms of this Act. Sec. 7. Restriction on contracts for work, etc.*Post*, p. 595. That no work to be done or contract to be made under or by authority of any provision of this Act shall be done or made on or under a percentage or cost-plus percentage basis, nor shall any contract be let until at least three responsible competing contractors shall have been notified and considered in connection with such contract, and all contracts to be awarded to the lowest responsible bidder, the Government reserving the right to reject any and all bids. Sec. 8. Amount authorized.*Post*, p. 821. That for carrying out the provisions of this Act and for the administration thereof the sum of $60,000,000, or so much thereof*Provisos*.Limit on expenditures in District of Columbia. as may be necessary, is hereby authorized: *Provided*, That $10,000,000, or so much thereof as may be necessary, of the amount hereby authorized shall be used only to build or acquire, as herein provided, housing accommodations within the District of Columbia or such Government employees as can not be used as advantageouslyConversion of Maltby Building. in other cities in the service of the Government, of which the sum of $75,000, or so much thereof as shall be necessary therefor, shall be used by the Superintendent of the United States Capitol Buildings and Grounds to convert the building known as the Maltby Building into an apartment house or for office purposes: *Provided further*, That553 the expenditure in the District of Columbia shall be made with aProvision for alley population after the war.*Post*, p. 560. view to caring for the alley population of the District when the war is over, so far as it can be done without interfering with war housing purposes. Approved, May 16, 1918.