Public Law 734.

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(/us/pl/75/733)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, District of Columbia Alley Dwelling Act, amendment.[48 Stat.930.](/us/stat/48/930) That the first section of the District of Columbia Alley Dwelling Act, approved June 12, 1934, is hereby amended to read as follows: " “TITLE I “Section 1. Legislative determination.

(a)It is hereby declared to be a matter of legislative determination that the conditions existing in the District of Columbia with respect to the use of buildings in alleys as dwellings for human habitation are injurious to the public health, safety, morals, and welfare; and it is hereby declared to be the policy of the United States to protect and promote the welfare of the inhabitants of the seat of the Government by eliminating all such injurious conditions by employing all means necessary and appropriate for the purpose; and control by regulatory processes having proved inadequate and insufficient to remedy the evils, it is in the judgment of Congress necessary to acquire property in the District of Columbia by gift, purchase, or the use of eminent domain in order to effectuate the declared policy by the discontinuance of the use for human habitation in the District of Columbia of buildings in alleys, and thereby to eliminate the communities in the inhabited alleys in said District, and to provide decent, safe, adequate, and sanitary habitations for persons or families substantially equal in number to those who are to be deprived of habitation by reason of the demolition of buildings under the terms of this title, and to prevent an acute shortage of decent, safe, adequate, and sanitary dwellings for persons of low income, and to carry out the policy declared in the Act approved [40 Stat. 550.](/us/stat/40/550) May 181 1So in original., 1918, as amended, of caring for the alley population in the District of Columbia, and to that end it is necessary to enact the provisions hereinafter set forth. “(b) Power of President to purchase, condemn, etc., land and buildings. In order to remedy the conditions and evils hereinbefore recited and to carry out the policy hereinbefore declared, the President is hereby authorized and empowered to acquire by purchase, gift, condemnation, or otherwise— “(1) any land, building, or structures, or any interest therein, situated in or adjacent to any inhabited alley in the District of Columbia; “(2) any land, buildings, or structures, or any interest therein, within any square containing an inhabited alley, the acquisition of which is reasonably necessary for utilization, by replatting, 52 Stat. 1187 improvement or otherwise, pursuant to the provisions of this Act, of any property acquired under subparagraph

(1)of this subsection; and “(3) any other land, together with any structures that may be located thereon, in the District of Columbia that may be necessary to provide decent, safe, adequate, and sanitary housing accommodations for persons or families substantially equal in number to those who are to be deprived of habitation by reason of the demolition of buildings pursuant to the provisions of this title. “(c) Powers of the Authority. The Authority is authorized and empowered to replat any land acquired under this Act; to pave or repave any street or alley thereon; to construct sewers and water mains therein; to install street lights thereon; to demolish, move, or alter any buildings or structures situated thereon and erect such buildings or structures thereon as deemed advisable: *Provided*, however, That the same shall be done and performed *Proviso*.Application of D. C. laws, etc. in accordance with the laws and municipal regulations of the District of Columbia applicable thereto. “(d) Lease, conveyance, etc., of lands or structures. The Authority is hereby authorized and empowered to lease, rent, maintain, equip, manage, exchange, sell, or convey any such lands, buildings, or structures acquired under this title, for such amounts and upon such terms and conditions as it may determine: *Provided*, *Provisos*.Public sales of real property. That sales of real property shall be made at public sale to the highest responsible bidder on terms satisfactory to the Authority after advertising for three consecutive weeks in at least one daily newspaper of general circulation published in the District of Columbia: *Provided*, *however*, That the Authority may, without advertising, sell such property Sales to quasi-public institution without advertising. to a quasi-public institution or agency not organized or operated for private profit at not less than the cost of such property to the Authority, including improvements: *And provided further*, That if Transfer to United States or D. C. if for government purposes; payment. any such lands, buildings, or structures are required for the purposes of the United States or of the District of Columbia, they may be transferred thereto upon payment to the Authority of the reasonable value thereof. “(e) Aid in property development by loans to limited dividend corporations. The Authority is authorized and empowered to aid in providing, equipping, managing, and maintaining houses and other buildings, improvements, and general community utilities on the property acquired under the provisions of this title, by loans, upon such terms and conditions as it may determine, to limited dividend corporations whose dividends do not exceed 6 per centum per annum, or to home owners to enable such corporations or home owners to acquire and develop sites on the property: *Provided*, *however*, That no loan shall *Proviso*.Interest rate on loans. be made at a lower rate of interest than 5 per centum per annum, and that all such loans shall be secured by reserving a first lien on the Security. property involved for the benefit of the United States.” " Sec. 2. [48 Stat. 932.](/us/stat/48/932) Section 3

(b)of such Act is hereby amended by adding thereto the following: “The Authority is hereby authorized and empowered Acceptance of gifts. to accept gifts of money from private sources; to borrow Loans from Treasury authorized. from the Treasury of the United States not to exceed $1,000,000 in the fiscal year ending June 30, 1939, and a like sum in each of the four succeeding fiscal years, upon such terms and conditions as the President may deem advisable, and appropriations for such purpose Appropriations authorized. are hereby authorized out of the general fund of the Treasury: *Provided*, That the Authority shall be obligated for the payment of *Proviso*.Interest.[50 Stat. 888](/us/stat/50/888).[42 U. S. C., Supp. III, § 1401.](/us/usc/t42/s1401) interest at the going Federal rate as defined in the United States Housing Act of 1937. ” Sec. 3. [48 Stat. 932](/us/stat/48/932). Section 3

(d)of such Act is amended to read as follows:" “(d) Limitation on amount of payment for property. The total amount paid for property or properties acquired, except by condemnation, in any square shall not exceed.30 per centum over and above the current assessed value of all the property or properties 52 Stat. 1188 acquired, except by condemnation, in such square to carry out the provisions of this Act.” " Sec. 4. [48 Stat. 932.](/us/stat/48/932) Section 3 of such Act is amended by adding thereto the following:" “(e) Authority to procure services, make minor purchases. In carrying out the provisions of this Act, the Authority is hereby authorized and empowered

(1)to procure services or make [R. S. § 3709.](/us/rs/s3709)[41 U. S. C. § 5.](/us/usc/t41/s5) any purchase without regard, to the provisions of section 3709 of the Revised Statutes, provided the aggregate amount involved is not Books of reference, etc. more than $100,

(2)to purchase books of reference, directories, and periodicals that are necessary in connection with its work, and

(3)Technical services.[5 U. S. C. §§ 631–652, 661–674; Supp. III, §§ 673, 673c](/us/usc/t5/631/652/661/652/661/674).*Proviso*.Not applicable to permanent employment. to secure architectural and engineering services on specific projects, without regard to the Civil Service laws and the Classification Act of 1923, as amended: *Provided*, That this authorization shall not apply to the employment of architects and engineers by the Authority on a permanent basis.” " Sec. 5. New title added. Such Act of June 12, 1934, is further amended by adding at the end thereof the following new title: " “TITLE II Title II. “Sec. 201. Definitions. As used in this title— “(a) “Housing project.“ The term ‘housing project’ shall mean any low-rent housing [50 Stat. 888](/us/stat/50/888).[42 U. S. C. Supp. III, § 1401.](/us/usc/t42/s1401) (as defined in the United States Housing Act of 1937), the development or administration of which is assisted by the United States Housing Authority. “(b) “Development.” The term ‘development’ shall mean any or all undertakings necessary for planning, financing (including payment of carrying charges), land acquisition, demolition, construction, or equipment, in connection with a housing project, but not beyond the point of physical completion. “Sec. 202. Additional powers of Authority. In addition to its other powers, the Authority shall have the power to acquire sites for and to prepare, carry out, acquire, lease, and operate housing projects, as defined in section 201 of this title, and to construct or provide for the construction, reconstruction, improvement, alteration, or repair of any such housing project, or any part thereof, in the District of Columbia. “Sec. 203. Authority considered a public housing agency. For the purposes of this title the Authority shall be considered a public housing agency within the meaning of, and to carry out the purposes of, the United States Housing Act of 1937; and as Acceptance of Federal financial assistance. such, the Authority is empowered to borrow money or accept contributions, grants or other financial assistance from the United States Housing Authority for or in aid of any housing project in the District of Columbia, in accordance with the United States Housing Act of Lease, etc., of projects of U. S. Housing Authority, etc. 1937, to take over or lease or manage any such housing project or undertaking constructed, owned, or operated by the United States Housing Authority, and to those ends to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements *Proviso*.Tax exemption of property deemed a contribution by the District of Columbia.[50 Stat. 891, 893](/us/stat/50/891/893).[42 U. S. C., Supp. III, §§ 1410, 1411.](/us/usc/t42/s1410/1411) as may be necessary, convenient, or desirable: *Provided*, That the tax exemption of the property of the Authority shall be deemed a contribution by the District of Columbia in accordance with the local contributions requirements of section 10

(a)or section 11

(f)of the United States Housing Act of 1937. It is the purpose and intent of this title to authorize the Authority to do any and all things necessary to secure the financial aid of the United States Housing Authority in the undertaking, construction, maintenance, or operation in the District of Columbia of any housing project by the Authority. “Sec. 204. Contributions by D. C. authorized. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects, the District of Columbia, or any department, instrumentality, or agency 52 Stat. 1189 thereof, may, upon such terms, with or without consideration, as it may determine, as a contribution— “(a) Dedicate, sell, convey, or lease any needed property to the Authority; “(b) Cause parks, playgrounds, or recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects; “(c) Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake; “(d) Enter into agreements with the Authority respecting action to be taken pursuant to any of the powers granted by this Act; “(e) Cause services of a character which it is otherwise empowered to furnish to be furnished to the Authority; “(f) Enter into agreements with the Authority respecting the elimination of unsafe, insanitary, or unfit dwellings; and “(g) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of such housing projects. “Sec. 205. Loans authorized. The Commissioners of the District of Columbia are hereby authorized to lend to the Authority such amounts as may be necessary to enable the Authority to comply with the provisions of the United States Housing Act of 1937, and appropriations for such purpose [50 Stat. 888.](/us/stat/50/888)[42 U. S. C., Supp. III, § 1401.](/us/usc/t42/s1401)Appropriations authorized from District revenues. are hereby authorized out of the Revenues of the District of Columbia, and the Authority is empowered to accept such loans.” " Approved, June 25, 1938. To provide for the vesting of title, and the disposition of personal property left or found upon premises used as Veterans’ Administration facilities, and for other purposes. Chapter 692 52 Stat. 1189 1938-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 75 3 public [CHAPTER 692] AN ACT To provide for the vesting of title, and the disposition of personal property left or found upon premises used as Veterans’ Administration facilities, and for other purposes. June 25, 1938[[H. R. 10907](/us/bill/75/hr/10907)][[Public, No. 734](/us/pl/75/734)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Veterans’ Administration facilities.Vesting of title and disposition of personal property left by decedents. That personal property left by any decedent upon premises used as a Veterans’ Administration facility, which premises are subject to the exclusive legislative jurisdiction of the United States and are within the exterior boundaries of any State, Territory, insular possession, or dependency of the United States, shall vest and be disposed of as provided herein subject to the limitations and exceptions as herein provided.

(a)Disposition by will. If such person died leaving a last will and testament probated under the laws of the place of his domicile or under the laws of the State, Territory, insular possession, or dependency of the United States within the exterior boundaries of which such said premises or a part thereof may be, the personal property of such decedent situated upon such premises shall vest in the person or persons entitled thereto under the provisions of said last will and testament.

(b)Property not disposed of by will. If such person died leaving any such property not disposed of by a last will and testament probated in accord with the provisions of this section such property shall vest in the persons entitled to take the same by inheritance under and upon the conditions provided by the laws of the decedent’s domicile: *Provided*, That this *Proviso*.Property to which United States is entitled; exception. subsection shall not apply to property to which the United States is entitled except where such title is divested out of the United States. 52 Stat. 1190

(c)Delivery of property. Any officer or employee of the United States in possession of any such property may deliver same to the executor (or the administrator with will annexed) who shall have qualified in either jurisdiction as provided in

(a)hereof; or if none such then to the domiciliary administrator or to any other qualified administrator No Federal liability. who shall demand such property. When delivery shall have been made to any such executor or administrator in accordance herewith neither the United States nor any officer or employee thereof shall be liable therefor. Sec. 2. Disposal of decedent’s property left or found upon premises. Notwithstanding the provisions of section 1 of this Act the Administrator of Veterans’ Affairs is hereby authorized as hereinafter in this Act provided and limited to dispose of the personal property of such decedent left or found upon such premises.

(a)Transfer to person designated by veteran. If any veteran (admitted as a veteran), upon his last admission to, or during his last period of maintenance in, a Veterans’ Administration facility shall have designated in writing a person (natural or corporate) to whom he desires his personal property situated upon such facility to be delivered, upon the death of such veteran the Administrator of Veterans’ Affairs or employee of the Veterans’ Administration authorized by him so to act, may transfer possession of such personal property to the person so designated. If person designated does not exist or fails to request such property. If there exists no person so designated by the veteran or if the one so designated declines to receive such property, or if he has failed to request such property within ninety days after the Veterans’ Administration mails to such designate a notice of death and of the fact of such designation, a description of the property, and an estimate of transportation cost, which shall be paid by such designate if required under the regulations hereinafter mentioned, or if the Disposition if Administrator declines to transfer to such designate. Administrator declines to transfer possession to such designate, possession of such property may in the discretion of the Administrator of Veterans’ Affairs, or his designated subordinate, be transferred to the following persons in the order and manner herein specified unless the parties otherwise agree as in this Act provided, namely, executor or administrator, or, if no notice of appointment received, to the widow (or widower), child, grandchild, mother, father, grandmother, If two or more persons request the property. grandfather, brother, or sister of the veteran. In case two or more of those named above request the property, only one shall be entitled to possession thereof and in the order hereinbefore set forth, unless they otherwise agree in writing delivered to the Veterans’ Claim by two or more relatives with equal priorities. Administration. If claim be made by two or more such relatives having equal priorities, as hereinabove prescribed, or if there be conflicting claims the Administrator of Veterans’ Affairs or his designated subordinate may in such case select the one to receive such possession, or may make delivery as may be agreed upon by those entitled, or may in his discretion withhold delivery from them and require the qualification of an administrator or executor of the veteran’s estate and thereupon make delivery to such.

(b)Sale of unclaimed property. If the property of any decedent is not so delivered or claimed and accepted the Administrator of Veterans’ Affairs or the employee authorized by him may dispose of such property by public or private sale in accordance with the provisions of this Act and regulations to be prescribed by the Administrator of Veterans’ Affairs pursuant hereto.

(c)Terms of sale. All sales authorized by this Act shall be for cash upon delivery at the premises where sold and without warranty, express or implied. Disposition of proceeds of sales. The proceeds of such sales after payment of any expenses incident thereto as may be prescribed by regulations, together with any other moneys left or found on a facility, not disposed of in accordance with this Act, shall be credited to the general post fund, National Homes, 52 Stat. 1191 Veterans’ Administration, a trust fund provided for in Public Law [48 Stat. 1233.](/us/stat/43/1233)[31 U. S. C. § 725s.](/us/usc/t31/s725s) Numbered 473, Seventy-third Congress, section 20 (45), June 26, 1934 (U. S. C., title 31, sec. 725s). In addition to the purposes for which Use of fund to satisfy any legal liability. the said fund may be used under the existing law, disbursements may be made therefrom as authorized by the Administrator of Veterans’ Affairs by regulation or otherwise for the purpose of satisfying any legal liability incurred by any employee in administering the provisions of this Act, including any expense incurred in connection therewith : *Provided*, That legal liability shall not exist when delivery or *Proviso*.Delivery, etc., a release. sale shall have been made in accordance with this Act.

(d)Claims filed within five years after notice of sale. If, notwithstanding such sale, a claim is filed with the Administrator of Veterans’ Affairs, within five years after notice of sale as herein required, by or on behalf of any person or persons who if known would have been entitled to the property under section 1 or to possession thereof under section 2 of this Act, the Administrator shall determine the person or persons entitled under the provisions of this Act and may pay to such person or persons so entitled the proceeds of sale of such property, less expenses. Such payment shall Payment from trust fund. be made out of the said trust fund, and in accord with the provisions of section 1 or 2 of this Act: *Provided*, That persons under legal disability *Proviso*.Claims by persons under legal disability. to sue in their own name may make claim for the proceeds of sale of such property at any time within five years after termination of such legal disability.

(e)Disposal of remaining property. Any such property, the sale of which is authorized under this Act and which remains unsold, may be used, destroyed, or otherwise disposed of in accordance with regulations to be promulgated by the Administrator of Veterans’ Affairs. Sec. 3. Notice of provisions of Act to persons having or bringing personal property on premises. All persons having or bringing personal property on the premises of a Veterans’ Administration facility shall be given reasonable notice of the provisions of this Act. In case of a mentally incompetent person, notice hereof shall be given the guardian or other person having custody or control of such person or, if none, to his nearest relative if known. The admission to or continued maintenance in such facility after reasonable notice of the provisions of this Act shall constitute consent to the provisions hereof. The death of any person on any such facility or the leaving of property thereon shall be prima facie evidence of a valid agreement for the disposition of such property in accordance with the provisions of this Act. Sec. 4. Disposition of unclaimed property. Any other unclaimed property found on the premises under the control of the Veterans’ Administration shall be stored by the officer in charge of such premises and may be sold, used, destroyed, or otherwise disposed of in accordance with regulations to be promulgated by the Administrator of Veterans’ Affairs if the owner thereof fails to claim same within ninety days. If undisposed of Reclaiming of property. the same may be reclaimed by the owner, his personal representative or next of kin, upon payment of reasonable storage charges to be Sale; disposition of funds. prescribed by regulations. If sold, the net proceeds thereof shall be credited to said post fund to be expended as other assets of such fund: *Provided*, *however*, That the person who was entitled to such *Proviso*.Payment of proceeds of sale to person entitled, etc. property, or his legal representative, or assignee, shall be paid the proceeds of sale thereof, less expenses if claim therefor be made within five years from the date of finding. If the owner shall have Condition. died intestate without creditors or next of kin surviving, such proceeds shall not be paid to his legal representative. Sec. 5. Disposition of decedent’s unclaimed property. Any unclaimed personal property as described in section 2 of this Act of veterans who have heretofore died or who may hereafter die while maintained as such in a national home for disabled volunteer soldiers, or a United States Veterans’ Bureau hospital, or a Veterans’ 52 Stat. 1192 Administration facility, and also any unclaimed property heretofore or hereafter found or situated in such home, hospital, facility, or supply depot may be sold, used, destroyed, or otherwise disposed of in accordance with this Act, and subject to regulations promulgated by the Administrator of Veterans’ Affairs pursuant hereto; and the net proceeds of sale thereof shall be credited and be subject to disbursement as in this Act prescribed. Sec. 6. Notice of intended sale. At least ninety days prior to any sale pursuant to this Act, written or printed notice thereof describing the property to be sold shall be mailed to the owner of the property or, if deceased, to his executor or administrator, or to the nearest kin, if any such appear by the records of the Veterans’ Administration. If none such appears from said records, similar notice shall be posted at the facility where the death occurred or property shall have been found (if in existence) and at the place where such property is situated at the time of such notice, and also at the place where probate notices are posted in the county wherein the sale is to be had. The person posting such notice shall make an affidavit setting forth the time and place of such posting and attaching thereto a copy of such notice, and such affidavit shall be prima facie evidence of such posting and admissible in evidence as proof of the same. Sec. 7. Transportation of decedent’s effects. Upon receipt of a proper claim for such property under the provisions of this Act the Administrator of Veterans’ Affairs is hereby authorized, in his discretion and in accordance with regulations to be by him promulgated, to pay mailing or shipping charges not to exceed $10 in the case of each deceased veteran as hereinabove defined, such payments to be made from the appropriation for Salaries and Expenses, Veterans’ Administration. Sec. 8. Relinquishment of jurisdiction for certain purposes. Subject to the provisions of this Act and to the extent necessary to effectuate the purposes of this Act, there is hereby relinquished to the respective State, Territory, insular possession, or dependency of the United States such jurisdiction pertaining to the administration of estates of decedents as may have been ceded to the United States by said State, Territory, insular possession, or dependency of the United States respecting the Federal reservation on which is situated any Veterans’ Administration facility while such facility is operated by the Veterans’ Administration; such jurisdiction with respect to any such property on any such reservation to be to the same extent as if such premises had not been ceded to the United States: *Proviso*.State, etc., jurisdiction. *Provided*, *however*, That nothing in this section shall be construed to deprive any said State, Territory, insular possession, or dependency of the United States of any jurisdiction which it now has nor to give any State, Territory, insular possession, or dependency of the United States authority over any Federal official as such on such premises or otherwise. Sec. 9. “Facility”, “Veterans’ Administration facility” defined. The term “facility” or “Veterans’ Administration facility” as used in this Act shall mean those facilities over which the Veterans’ Administration has direct and exclusive administrative jurisdiction, including hospitals or other facilities on property owned or leased by the United States while operated by the Veterans’ Administration. Sec. 10. Administrative regulations. The Administrator of Veterans’ Affairs is authorized to promulgate such regulations, not inconsistent with this Act, as may Decisions not reviewable administratively. be appropriate to effectuate the provisions hereof. Decisions by the Administrator of Veterans’ Affairs, or any person acting for him pursuant to specific or general delegated authority, under the provisions of this Act, shall not be reviewable administratively by any other officer of the United States. Sec. 11. Saving clause. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the 52 Stat. 1193 Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Approved, June 25, 1938. To amend the Act entitled “An Act to authorize the President to provide housing for war needs”, approved May 16, 1918, as amended. Chapter 693 52 Stat. 1193 1938-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 75 3 public [CHAPTER 693] AN ACT To amend the Act entitled “An Act to authorize the President to provide housing for war needs”, approved May 16, 1918, as amended. June 25, 1938[[S. 1294](/us/bill/75/s/1294)][

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