AN ACT To assist in the internal development of the Virgin Islands by the undertaking of useful projects therein, and for other purposes.
58 Stat .] 78th CONG., 2d SESS.—CHS. 613-615—DEC. 20, 1944 agency or by any other person, firm, association, or corporation, and also irrespective of whether such establishments are operated for profit or otherwise. Sec . 2. This Act shall not apply to the United States Senate and House of Representatives restaurants. Approved December 20, 1944. [CHAPTER 614] AN ACT To amend Public, Numbered 507, Seventy-seventh Congress, second session, an Act to further expedite the prosecution of the war, approved March 27, 1942, known as the Second War Powers Act, 1942. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title XV, section 1501, of the Second War Powers Act, 1942, approved March 27,1942, is amended to read as follows: “Sec . 1501. …
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58 Stat .] 78th CONG., 2d SESS.—CHS. 613-615—DEC. 20, 1944 agency or by any other person, firm, association, or corporation, and also irrespective of whether such establishments are operated for profit or otherwise. Sec . 2. This Act shall not apply to the United States Senate and House of Representatives restaurants. Approved December 20, 1944. [CHAPTER 614] AN ACT To amend Public, Numbered 507, Seventy-seventh Congress, second session, an Act to further expedite the prosecution of the war, approved March 27, 1942, known as the Second War Powers Act, 1942. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title XV, section 1501, of the Second War Powers Act, 1942, approved March 27,1942, is amended to read as follows: “Sec . 1501. Titles I to VII, inclusive, and titles IX, XI, and XIV of this Act, and the amendments to existing law made by any such title, shall remain in force only until December 31, 1945, or until such earlier time as the two Houses of Congress by concurrent resolution, or the President, may designate, and after such amendments cease to be in force any provision of law amended thereby shall be in full force and effect as though this Act had not been enacted; but no court proceeding brought under any such title shall abate by reason of the termination hereunder of such title.” Title III of the Second War Powers Act, 1942, is hereby amended by adding at the end thereof the following: “(9) The district courts of the United States are hereby given exclusive jurisdiction to enjoin or set aside, in whole or in part, any order suspending any priority or allocation, or denying a stay of any such suspension, that may have been issued by any person, officer, or agency, acting or purporting to act hereunder, or under any other law or authority. “Any action to enjoin or set aside any such order shall be brought within five days after the service thereof. “No suspension order shall take effect within five days after it has been served, or, if an application for a stay is made to the issuing authority within such five-day period, until the expiration of five days after service of an order denying the stay. “The venue of any such suit shall be in the district court of the United States for the district in which the petitioner has his principal place of business; and the respondent shall be subject to the juris- diction of such court after ten days before the return day of the writ, either when (1) process shall have been served on any district manager or other agent of the respondent of similar or superior status; or (2) notice by registered mail shall have been given to respondent, or to the office of the Attorney General of the United States.” Approved December 20, 1944. [CHAPTER 615] AN ACT To assist in the internal development of the Virgin Islands by the undertaking of useful projects therein, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to assist in the internal development of the Virgin Islands, and for the benefit of the government, municipalities, and inhabitants thereof, the 827 Privately operated establishments. Exceptions. December 20,1944 [E. R. 4993] [Public Law 509] Second War Powers Act, 1 9 4 2, amend- ments. 56 Stat. 187. 50 U. S. C., Supp. Ill, app. § 645. Time extensions of designated provisions. 56 Stat. 176-181, 183, 186. 50 U. S. C., Supp. Ill, app. §§ 631-637, 639,641-641e, 644-644b. 56 Stat. 177. 50 U. S. C., Supp. Ill, app. § 633. Priorities. Jurisdiction to en- join suspension orders, etc. Time limitations. Venue and jurisdic- tion. 5 December 20,1944 [H, R. 5029] [Public Law 510] Virgin Islands. Projects authorized for internal develop- ment. 828 Cost variance. Priority of items. Availability of funds for other proj- ects. Islands of Saint Thomas and Saint John. Island of Saint Croix. Advance studies. PUBLIC LAWS—CH. 615—DEC. 20, 1944 [58 Sta t . Federal Works Administrator (hereinafter referred to as the “Admin- istrator”) is authorized to provide or undertake the following useful projects, including work incidental thereto, on lands owned by the United States, the government of the Virgin Islands, the municipali- ties of Saint Thomas and Saint John and Saint Croix, or on land acquired for such purpose, at the respective estimated costs indicated: Provided, That where found necessary by the Administrator, the funds authorized herein shall be available for the augmentation of limits of cost of projects in an amount not exceeding 25 per centum for any project: Provided further, That items 2, 3, 4, 7, 8, 9, 14, 16, and 17 shall have priority over others of the projects on the islands of Saint Thomas and Saint John, and items 19, 20, 22, 27, and 29 shall have priority over others of the projects on the island of Saint Croix: Provided further, That funds shall be available for the pur- poses specified in section 2 on other projects without regard to the priorities so established. PROJECTS ON ISLANDS OF SAINT THOMAS AND SAINT JOHN AND ESTIMATED COST THEREOF 1. Hospital facilities, $565,000. 2. Sanitation and fire-protection facilities, including sewer and water system, $563,695. 3. Intercepting sewer system including sewage treatment and dis- posal, $278,000. 4. Water supply facilities, $883,750. 5. Schools and educational facilities, $566,000. 6. Water-front highway, sea wall, and harbor facilities, $1,097,500. 7. Highways and roads, $1,387,300. 8. Street improvements, including storm-water drainage, $327,200. 9. Engineering surveys, $35,000. 10. Improvements to and construction of public buildings, $630,000. 11. Prison facilities, $105,000. 12. Recreational facilities, $80,000. 13. Telephone and radio communication facilities, $170,000. 14. Malarial control, $31,875. 15. Hospital, electric power plant, and improvements to administra- tion building, Cruz Bay, Saint John, $47,500. 16. Abattoir and cooling plant facilities, $75,000. 17. Public market facilities, $80,000. PROJECT ON ISLAND OF SAINT CROIX AND ESTIMATED COST THEREOF 18. Hospital facilities, $475,000. 19. Sanitation and fire protection facilities, including sewer and water systems, $244,600. 20. Water supply facilities, $490,000. 21. School and educational facilities, $510,000. 22. Highways and roads, $606,000. 23. Improvements to and construction of public buildings, $73,000. 24. Prison facilities, $113,000. 25. Recreational facilities, $30,000. 26. Telephone and radio communication facilities, $150,000. 27. Malarial control, $50,000. 28. Municipal pier for Christiansted, $190,000. 29. Public market facilities, $174,000. Seo . 2. Not to exceed 5 per centum of the funds herein authorized shall also be available for the purpose of making studies, investi- gations, estimates, plans and specifications, preliminary and final, of 58 Sta t .] 78th CONG., 2d SESS.—CH. 615—DEC. 20, 1944 the projects herein authorized in advance of undertaking projects and the cost thereof shall be charged to the projects involved. Sec . 3. The Administrator is authorized to acquire, prior to the approval of title by the Attorney General if necessary (without regard to secs. 1136, as amended, and 3709 of the Revised Statutes), improved or unimproved lands or interests in lands by purchase, donation, exchange, or condemnation for any project herein author- ized. Upon completion of projects on land acquired under this sec- tion the Administrator shall transfer custody thereof to the Secre- tary of the Interior, who shall forthwith transfer all rights and title of the United States therein to the government of the Virgin Islands or the municipality of Saint Thomas and Saint John, or the munici- pality of Saint Croix, except those projects constructed for Federal agencies. Projects authorized by this Act may be constructed without regard to the provisions of sections 355, as amended, and 1136, as amended, of the Revised Statutes. Sec . 4. The Administrator is further authorized to receive and accept funds, materials, supplies, and equipment from the government of the Virgin Islands, the municipalities of Saint Thomas and Saint John, and Saint Croix, and other sources, for use in connection with authorized projects or parts thereof. Any funds so received shall be deposited in a special fund in the Treasury of the United States and shall be expended or utilized as determined by the Federal Works Administrator. Sec . 5. All construction with respect to projects shall be by con- tract: Provided, however, That repairs or improvements to existing structures or facilities and incidental work in connection with new structures or facilities may be accomplished by the employment of persons without regard to the civil-service and classification laws. The rates of pay, hours of work, and terms of employment for persons engaged on projects shall be fixed by the Administrator. Sec . 6. The Administrator is authorized to procure (without regard to the authority of the Procurement Division, Treasury Department, to undertake the performance of such procurement, as regards pro- curement from sources within Puerto Rico and the Virgin Islands), and to warehouse and distribute property, facilities, structures, improvements, machinery, equipment, stores, and supplies from the funds appropriated pursuant to this Act. The Administrator is further authorized to prescribe rules and regulations for the estab- lishment of special funds in the nature of revolving funds for use, during the availability of funds herein authorized, in the purchase, repair, distribution, or rental of materials, supplies, equipment, and tools. Sec . 7. The provisions of section 3709 of the Revised Statutes shall not apply to any purchase made or service procured in connection with the funds appropriated pursuant to this Act when the aggregate amount involved is less than $500. Sec . 8. The provisions of the Act of February 15, 1934 (48 Stat. 351), as amended, relating to disability or death compensation and benefits shall apply to persons (except administrative employees qualifying as civil employees of the United States) receiving com- pensation from funds appropriated pursuant to this Act for services rendered as employees of the United States: Provided, That this section shall not apply in any case coming within the purview of the workmen’s compensation laws of the Virgin Islands, or in any case in which the claimant has received or is entitled to receive similar benefits for injury or death. Sec . 9. The Administrator is authorized to consider, ascertain, adjust, determine, and pay from the funds appropriated pursuant to f 829 Acquisition of lands prior to approval of title. 10 U. S. C. § 1339; 41 U.S.C.§5. Custody upon com- pletion. 33 U. S. C. § 733; 10 U. S. C. § 1339. Local contributions. Construction by contract. Repairs, etc. Procurement, ware- housing, and distribu- tion. Establishment of re- volving funds. Minor purchases. 41 U. S. C. § 5. Disability or death compensation. 5 U. S. C. § 796. Nonapplication. Settlement of claims not exceeding $500. 830 Rules and regula- tions. Appropriation auth- orized. 41 U.S. C. § 5. 54 Stat. 1105. Disbursements. December 20,1944 [H. R. 5543] [Public Law 511] Revenue Act of 1942, amendments. Ante, pp. 72, 73. Release of powers of appointment, time ex- tension. 56 Stat. 866. 26 U. S. C., Supp. Ill, § 165 note. Employees’ trusts. 56 Stat. 862, 863. 26 U. S. C., Supp. Ill, § 165 (a) (3)-(6). PUBLIC LAWS—CHS. 615, 616—DEC. 20,1044 [58 Stat . this Act any claim on account of injury to persons, or any claim for damage to or loss of privately owned property, caused by the negli- gence of any employee of the United States paid from such funds while acting within the scope of his employment. No claim shall be considered hereunder which is in excess of $500 or which is not pre- sented in writing within one year from the date of accrual thereof. Acceptance by a claimant of the amount allowed on account of his claim shall be deemed to be in full settlement thereof and the action upon such claim so accepted by the claimant shall be conclusive. Sec . 10. The Administrator is authorized to make such rules and regulations as he may deem necessary to carry out the provisions of this Act. Sec . 11. There is hereby authorized to be appropriated the sum of $10,028,420, $2,028,420 to be available in 1945, and $2,000,000 in each of the following four years, each yearly sum to remain available until expended, for the purpose of carrying out the provisions of this Act, administrative and otherwise, including the employment of engineers, architects, and consultants without regard to section 3709 of the Revised Statutes, and the civil-service and classification laws; per- sonal services and rental in the District of Columbia and elsewhere; supplies and equipment; travel expenses, including transfer of house- hold goods and effects as provided by the Act of October 10, 1940 (5 U. S. C. 73c-l), and, notwithstanding any other provision of law, transportation to the Virgin Islands and return of officers, employees, and other persons engaged in carrying out the functions prescribed in this Act; purchase, repair, operations, and maintenance of motor- propelled passenger-carrying vehicles; and such other expenses as may be necessary for the accomplishment of the objectives of this Act. All payments from funds made available pursuant to this Act shall be made through the Division of Disbursements of the Treas- ury Department, upon vouchers certified by the Administrator or employees designated by him for such purpose. Approved December 20, 1944. [CHAPTER 616] AN ACT Extending the time for the release of powers of appointment for the purposes of certain provisions of the Internal Revenue Code, and for other purposes. Be it enacted l)y the Senate and House of Representatives of the United States of America in Congress assembled, That section 403 (d) (3) of the Revenue Act of 1942 (relating to the release of certain powers of appointment) is amended by striking out “January 1, 1945” wherever it appears and inserting in lieu thereof “July 1, 1945”; and section 452 (c) of the Revenue Act of 1942 is amended to read as follows: “(c) Release Bef ore July 1, 1945.— “(1) A release of a power to appoint before July 1, 1945, shall not be deemed a transfer of property by the individual possess- ing such power. “(2) This subsection shall apply to all calendar years prior to 1945 and to that part of the calendar year 1945 prior to July 1, 1945.” Sec . 2. (a) Section 162 (d) (1) (B) of the Revenue Act of 1942 (relating to employees’ trusts) is amended to read as follows: “(B) such a plan shall be considered as satisfying the requirements of section 165 (a) (3), (4), (5), and (6) for the period beginning with the beginning of the first taxable