Public Law 686.

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(/us/pl/75/685)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Rivers and harbors, improvements.Work authorized. That the following works of improvement of rivers, harbors, and other waterways are hereby adopted and authorized, to be prosecuted under the direction of the Secretary of War and supervision of the Chief of Engineers, in accordance with the plans recommended in the respective reports hereinafter designated and subject to the conditions set forth in such Federal investigations and improvements, jurisdiction and prosecution by War Department.documents; and that hereafter Federal investigations and improvements of rivers, harbors, and other waterways shall be, under the jurisdiction of and shall be prosecuted by the War Department under the direction of the Secretary of War and the supervision of the Chief of Engineers, except as otherwise specifically provided by Act of Wildlife conservation.Congress, which said investigations and improvements shall include a due regard for wildlife conservation: 52 Stat. 803 Mystic River, Massachusetts;

House Document Numbered 542,Mystic River, Mass. Seventy-fifth Congress; Scituate Harbor, Massachusetts; House Document Numbered 556,Scituate Harbor, Mass. Seventy-fifth Congress; Westport River, Massachusetts; House Document Numbered 692,Westport River, Mass. Seventy-fifth Congress; Plymouth Harbor, Massachusetts; House Document NumberedPlymouth Harbor, Mass. 577, Seventy-fifth Congress; Flushing Bay and Creek, New York; Senate Committee on CommerceFlushing Bay and Creek, N. Y.

Document, Seventy-fifth Congress; Huntington Harbor, New York; House Document Numbered 638,Huntington Harbor, N. Y. Seventy-fifth Congress; Hudson River, New York; House Document Numbered 572, Seventy-fifthHudson River, N. Y. Congress; Great Kills Harbor, Staten Island, New York; House DocumentGreat Kills Harbor, Staten Island, N. Y. Numbered 559, Seventy-fifth Congress; Delaware River from Allegheny Avenue, Philadelphia, Pennsylvania,Delaware River, Philadelphia, Pa., to the sea. to the sea;

Senate Document Numbered 159, Seventy-fifth Congress; Mantua Creek, New Jersey; House Document Numbered 505,Mantua Creek, N. J. Seventy-fifth Congress; Annapolis Harbor, Maryland; Rivers and Harbors CommitteeAnnapolis Harbor, Md. Document Numbered 48, Seventy-fifth Congress; Channel connecting Plain Dealing Creek and Oak Creek, Maryland;Connecting channel, Plain Dealing Creek and Oak Creek, Md. House Document Numbered 413, Seventy-fifth Congress; Twitch Cove and Big Thoroughfare River, Maryland;

Rivers andTwitch Cove and Big Thoroughfare River, Md. Harbors Committee Document Numbered 49, Seventy-fifth Congress; Herring Bay and Rockhold Creek, Maryland; House DocumentHerring Bay and Rockhold Creek, Md. Numbered 595, Seventy-fifth Congress; Cape Charles City Harbor, Virginia; House Document NumberedCape Charles City Harbor, Va. 580, Seventy-fifth Congress; Roanoke River, North Carolina; House Document Numbered 694,Roanoke River, N. C. Seventy-fifth Congress; New River Inlet, North Carolina;

House Document Numbered 691,New River Inlet, N. C. Seventy-fifth Congress; Drum Inlet, North Carolina; House Document Numbered 414,Drum Inlet, N. C. Seventy-fifth Congress; Belhaven Harbor, North Carolina; House Document NumberedBelhaven Harbor, N. C. 693, Seventy-fifth Congress; Intracoastal Waterway from Cape Fear River, North Carolina, toWaterway, Cape Fear River, N. C., to Winyah Bay, S. C. Winyah Bay, South Carolina; House Document Numbered 549, Seventy-fifth Congress; Waterway between Beaufort, South Carolina, and Saint JohnsWaterway, Beaufort, S.

C., and Saint Johns River, Fla. River, Florida; House Document Numbered 618, Seventy-fifth Congress; Terry Creek and Back River, Georgia; House Document NumberedTerry Creek and Back River, Ga. 690, Seventy-fifth Congress; Fernandina Harbor, Florida; House Document Numbered 548,Fernandina Harbor, Fla. Seventy-fifth Congress; Saint Augustine Harbor, Florida; House Document Numbered 555,Saint Augustine Harbor, Fla. Seventy-fifth Congress; Courtenay Channel, Florida; House Document Numbered 504,Courtenay Channel, Fla.

Seventy-fifth Congress; Eau Gallie Harbor, Florida; House Document Numbered 497,Eau Gallie Harbor, Fla. Seventy-fifth Congress; Port Everglades, Florida; House Document Numbered 545, Seventy-fifthPort Everglades, Fla. Congress; Channel from Naples, Florida, to Big Marco Pass; House DocumentChannel, Naples, Fla., to Big Marco Pass. Numbered 596, Seventy-fifth Congress; 52 Stat. 804 Tampa Harbor, Fla. Tampa Harbor, Florida; Senate Document Numbered 164, Seventy-fifth Congress; Palm Beach, Fla., side channel and basin.

Palm Beach, Florida; Side channel and basin in accordance with report on file in the office of the Chief of Engineers; Tampa and Hillsboro Bays, Fla. Tampa and Hillsboro Bays, Florida; Senate Commerce Committee Document, Seventy-fifth Congress; Apalachicola River, Fla. Apalachicola River, Florida; House Document Numbered 575, Seventy-fifth Congress; Biloxi Harbor, Miss. Biloxi Harbor, Mississippi; House Document Numbered 639, Seventy-fifth Congress; Mississippi River, Baton Rouge to New Orleans, La.

Mississippi River between Baton Rouge and New Orleans, Louisiana; House Document Numbered 597, Seventy-fifth Congress; Grand Bayou Pass, La. Grand Bayou Pass, Louisiana; Senate Document Numbered 166, Seventy-fifth Congress; Sabine-Neches Waterway, Tex. Sabine-Neches Waterway, Texas; House Document Numbered 581, Seventy-fifth Congress; Buffalo Bayou and tributaries, Tex. Buffalo Bayou and its tributaries, Texas; House Document Numbered 456, Seventy-fifth Congress; Dickinson Bayou, Tex.

Dickinson Bayou, Texas; House Document Numbered 568, Seventy-fifth Congress; Louisiana-Texas Intracoastal Waterway. Louisiana-Texas Intracoastal Waterway; House Documents Numbered 564, 640, 641, 642, and 643, Seventy-fifth Congress; Port Aransas-Corpus Christi Waterway, Tex. Port Aransas-Corpus Christi Waterway, Texas; House Document Numbered 574, Seventy-fifth Congress; Charlevoix Harbor, Mich. Charlevoix Harbor, Michigan; Senate Document Numbered 163, Seventy-fifth Congress;

Saginaw River, Mich. Saginaw River, Michigan; House Document Numbered 576, Seventy-fifth Congress; Richmond Harbor, Calif. Richmond Harbor, California; House Document Numbered 598, Seventy-fifth Congress; Bodega Bay, Calif. Bodega Bay, California; House Document Numbered 619, Seventy-fifth Congress; San Pablo Bay and Mare Island Strait, Calif. San Pablo Bay and Mare Island Strait, California; House Document Numbered 644, Seventy-fifth Congress; Umpqua River, Oreg. Umpqua River, Oregon;

Senate Document Numbered 158, Seventy-fifth Congress; Columbia River, between Chinook. Wash., and Sand Island. Columbia River, between Chinook, Washington, and the head of Sand Island; Rivers and Harbors Committee Document Numbered 50, Seventy-fifth Congress; Neah Bay, Wash. Neah Bay, Washington; Rivers and Harbors Committee Document Numbered 51, Seventy-fifth Congress; Everett Harbor, Wash. Everett Harbor, Washington; House Document Numbered 546, Seventy-fifth Congress; Iliuliuk Harbor, Alaska.

Iliuliuk Harbor, Alaska; House Document Numbered 543, Seventy-fifth Congress; Skagway Harbor, Alaska. Skagway Harbor, Alaska; House Document Numbered 547, Seventy-fifth Congress; Valdez Harbor, Alaska. Valdez Harbor, Alaska; House Document Numbered 415, Seventy-fifth Congress. Sec. 2. Exchange of land or other property authorized. That in any case in which it may be necessary or advisable in the execution of an authorized work of river and harbor improvement to exchange land or other property of the Government for private lands or property required for such project, the Secretary of War may, upon the recommendation of the Chief of Engineers, authorize such exchange upon terms and conditions deemed appropriate by him, and any conveyance of Government land or interests therein necessary to effect such exchange may be executed by the *Proviso*.Lands under Tennessee Valley Authority.Secretary of War: *Provided further,* That the authority hereby granted to the Secretary of War shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the52 Stat. 805 terms of the Tennessee Valley Authority Act.

This section shallApplication to Bonneville Dam. apply to any exchanges heretofore deemed advisable in connection with the construction of the Bonneville Dam in the Columbia River. Sec. 3. To provide suitable office quarters for the district engineerWashington Aqueduct, district engineer’s office quarters. in charge of maintenance and operation of the Washington Aqueduct and of river and harbor improvements in the Washington District the Secretary of War is authorized to alter and remodel the pumpingMcMillan Park pumping station building, alteration, etc. station building at McMillan Park in accordance with plans approved by the Chief of Engineers, the cost of such alteration and remodeling to be paid from appropriations heretofore or hereafter made by Congress for maintenance, and improvement of existing river and harbor works.

Sec. 4. That any amounts collected from any person, persons, orCredit of reimbursements on account of loss or damage. corporations as a reimbursement for lost, stolen, or damaged property, purchased in connection with river and harbor or flood control work prosecuted under the direction of the Secretary of War and the supervision of the Chief of Engineers, whether collected in cash or by deduction from amounts otherwise due such person, persons, or corporations, hereafter shall be credited in each case to the appropriation that bore the cost of purchase, repair, or replacement of the lost, stolen, or damaged property.

Sec. 5. That the provisions of section 204 of part II of the LegislativeEmployment of retired expert civilian employees.[47 Stat. 404](/us/stat/47/404).[5 U. S. C. §§ 715, 715a](/us/usc/t5/s715/715a).[46 Stat. 947](/us/stat/46/947).[33 U. S. C. §§ 569a, 584a, 607a](/us/usc/t33/s569a/584a/607a). Appropriation Act, fiscal year 1933, shall not be so construed as to prevent the employment by the Chief of Engineers under agreement as authorized by section 6 of the River and Harbor Act of July 3, 1930, of any retired civilian employee whose expert assistance may be needed in connection with the prosecution of river and harbor or flood control works: *Provided,* That during the period of such*Proviso*.Deduction of amount of retired pay. employment a sum equal to the retired pay of the employee shall be deducted from the compensation agreed upon.

Sec. 6. That the conditions of local cooperation applicable to theIllinois Waterway.Modification of conditions of local cooperation. improvement of the Illinois Waterway (Calumet-Sag route) printed in House Document 180, Seventy-third Congress, second session, are hereby modified by eliminating therefrom the requirement that local interests will furnish “evidence satisfactory to the Secretary of War that the twenty movable bridges across the Sanitary Canal will be placed in operating condition or otherwise satisfactorily altered”: *Provided,* That local interests will install operating machinery and*Provisos*.Operating machinery, designated drawbridges, by local interests. place in operating condition the three drawbridges across the Chicago Sanitary and Ship Canal between its junction with the Calumet-Sag Channel and Lockport when directed by the Secretary of War: *Provided further,* That this resolution shall not be construed as modifyingPrevention of navigation obstructions.[30 Stat. 1153](/us/stat/30/1153).[33 U. S. C. § 502](/us/usc/t33/s502). the provisions of section 18 of the River and Harbor Act of March 3, 1899 (30 Stat. 1153).

Sec. 7. That section 14 of Public Law Numbered 585, Sixty-eighth[43 Stat. 1197](/us/stat/43/1197). Congress, approved March 3, 1925, is hereby amended by striking out the word “Locust” and inserting in lieu thereof the word “Sipsey”, so that said section 14, as amended, will read as follows:" “Sec. 14. That the portion of Black Warrior River between DamLake Bankhead.Name of portion of Black Warrior River changed to. Numbered 17 and the junction of Sipsey and Mulberry Forks, in the State of Alabama, shall hereafter be known as ‘Lake Bankhead.’ ” " Sec. 8.

The Secretary of War is hereby authorized and directed toPreliminary examinations and surveys. cause preliminary examinations and surveys to be made at the following-named localities, the cost thereof to be paid from appropriations heretofore or hereafter made for such purposes: *Provided*, That*Provisos*.Specific authority required. no preliminary examination, survey, project, or estimate for new works other than those designated in this or some prior Act or joint resolution shall be made: *Provided further,* That after the regularNo subsequent report to be made. or format reports made as required by law on any examination, survey, project, or work under way or proposed are submitted no52 Stat. 806 supplemental or additional report or estimate shall be made unless Adoption of projects by law.authorized by law: *And provided further,* That the Government shall not be deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this Act until the project for the proposed work shall have been adopted by law:

Maine. South side of the channel, South Harpswell, Maine. Massachusetts and New Hampshire. Merrimack River, Massachusetts and New Hampshire, with a view to improvement for navigation, flood control, and water power. Massachusetts. Manchester Harbor, Massachusetts, with a view to constructing a breakwater between Magnolia Point and Kettle Island. Menemsha Creek, Marthas Vineyard, Massachusetts. Pond Village Landing, Truro, Massachusetts. Marblehead Harbor, Massachusetts. Salem Harbor, Massachusetts.

Connecticut. Niantic Harbor and River, Connecticut. New York. Catskill Creek, New York. Jamaica Bay, New York. Bay Shore Harbor, New York. New Jersey. Beach Haven Inlet, New Jersey. Cedar Creek, Ocean County, New Jersey. Delaware. West bank of the Delaware River, between New Castle and Delaware City, Delaware, with a view to protection from damage by overflows. Indian River, Delaware. Maryland. Baltimore Harbor and Channels, Maryland: Cut-off channel to Inland Waterway from Delaware River to Chesapeake Bay.

Herring Creek, Saint Marys County, Maryland. Macum Creek, at the mouth of the Chester River, Queen Annes County, Maryland. Oyster Creek, Anne Arundel County, Maryland. Cadle Creek, Anne Arundel County, Maryland. South Creek and West River, Anne Arundel County, Maryland. Virginia. Broad Creek, Middlesex County, Virginia. Scott’s Creek, Virginia. Waterway from Chesapeake Bay, through Accomac County, Virginia, to the Atlantic Ocean. North Carolina. Channel from Manteo, via Broad Creek, to Oregon Inlet, North Carolina.

Channel from Pamlico Sound to Avon, North Carolina. Florida. Channel from the Intracoastal Waterway to, and turning basin at, Cocoa, Florida. Channel from the Intracoastal Waterway to, and turning basin at Holly Hill, Florida. Little Manatee River and inlets, Florida, and channel to navigable waters in Tampa Bay. Intracoastal Waterway from Jacksonville, Florida, to Miami, Florida. Allapatchee River (Alligator Creek), Florida. Pithlachascotee River, Florida. Bayou Grande, Florida.

New Pass, Florida, connecting Sarasota Bay with the Gulf of Mexico. Waterway from Punta Rasa, Florida, by way of the Caloosahatchee River and Canal, Lake Okeechobee, and Saint Lucie Canal and River, to Fort Pierce; Watson Bayou, Panama City, Florida, from deep water in Saint Andrews Bay to the head of navigation. Alabama. Tombigbee River, Alabama, from vicinity of Jackson Landing south, and between Lock and Dam Numbered 1 and Sunflower Bend. 52 Stat. 807 Cadet Bayou, in the vicinity of Waveland, Hancock County,Mississippi.

Mississippi. Watts Bayou, Hancock County, Mississippi. Chunky Creek, Chickasawhay River, and Pascagoula River, Mississippi, with a view to their improvement in the interest of navigation, flood control, and water power. Teche-Vermillion waterway, Louisiana, with a view to improvementLouisiana. in the interest of navigation, flood control, and other water uses. L’Ea Bleu Bayou, Louisiana. Isle de Cane Bayou, Louisiana. Kinney Coulee, Louisiana. Portage Bayou and Delcambre Canal, Louisiana.

Indian Bayou, Louisiana. Violet Canal Route, Louisiana. Waterway from Welsh, Louisiana, to the Intracoastal Waterway, by way of Bayou Lacassine; also with a view to the acquisition of the Welsh Waterway. Chefuncte River and Bogue Falia, Louisiana, from Lake Pontchartrain to Covington. Survey of channel for the purposes of navigation, flood control,Texas and Louisiana. power, and irrigation from Jefferson, Tesas, to Shreveport, Louisiana, by way of Jefferson-Shreveport Waterway, thence by way of Red River to mouth of Red River in the Mississippi River, including advisability of water-supply reservoirs in Cypress River and Black Cypress River above head of navigation.

Sulphur River, Texas and Arkansas, with the view to improvementTexas and Arkansas. for navigation, flood control, and water power. San Antonio River, Texas, with a view to its improvement forTexas. navigation, flood control, power, and for the prevention of erosion. Des Moines River, Iowa; also with particular reference to the constructionIowa. of a dam at or near Madrid. Allegheny River, Pennsylvania. Pennsylvania. Grand Marais Harbor, Minnesota. Minnesota. Duck Creek, Brown County, Wisconsin.

Wisconsin. Kawkawlin River, Michigan, with a view to dredging the outlet,Michigan. with a view to its improvement in the interests of navigation and flood control. Saint Ignace Harbor, Michigan. Harbor Springs Harbor, Michigan. Yacht Basin and Harbor at Menominee, Michigan. Collinsville Cut, Solano County, California. California. Tillamook Bay, Oregon, with a view to protection of Bay Ocean,Oregon. and property thereon, from erosion and storms. Salmon River, Oregon. North slough and vicinity, Coos County, Oregon, with a view to the construction of a dam and dike to prevent the flow of tidal waters into said North slough.

Columbia River at The Dalles, Oregon, with particular reference to the improvement of Hungry Harbor. Umpqua River, Oregon, with a view to determining the advisability of providing for navigation, in connection with power development, control of floods, and the needs of irrigation. Bay Center Channel, Willapa Harbor, Washington, extending fromWashington. Palix River to Bay Center Dock. Sec. 9. That the times for commencing and completing the constructionNorth Slough, Coos County, Oreg.Time extended for construction of dam, etc., by Oregon. of a dam and dike for preventing the flow of tidal waters into North slough in Coos County, Oregon, in township 24 south, range 13 west.

Willamette meridian, authorized to be constructed by the State of Oregon, acting through its highway department, the52 Stat. 808 North Slough Drainage District, and the North Slough [50 Stat. 856](/us/stat/50/856).Diking District by an Act of Congress approved August 26, 1937, is extended Rights reserved.one and three years, respectively, from August 26, 1938. The right to alter, amend, or repeal this section is hereby expressly reserved. Sec. 10. Easements for rights-of-way for public roads, Federal lands.

That the Secretary of War be, and he is hereby, authorized and empowered, under such terms and conditions as are deemed advisable by him, to grant easements for rights-of-way for public roads and streets on and across lands acquired by the United States for river and harbor and flood control improvements including, whenever necessary, the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of a *Provisos*.Condition.bridge structure: *Provided,* That such rights-of-way shall be granted only upon a finding by the Secretary of War that the same will be in the public interest and will not substantially injure the interest of the United States in the property affected thereby: *Provided further,* Forfeiture for violation of terms.That all or any part of such rights-of-way may be annulled and forfeited by the Secretary of War for failure to comply with the terms or conditions of any grant hereunder or for nonuse or for abandonment of rights granted under the authority hereof: *Provided further,* Authority not to extend to lands under Tennessee Valley Authority.That the authority hereby granted to the Secretary of War shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act.

Sec. 11. Rivers and harbors.Compilation of laws relating to improvement, printing authorized. That the laws of the United States relating to the improvement of rivers and harbors, passed between March 4, 1913, until and including the laws of the third session of the Seventy-fifth Congress, shall be compiled under the direction of the Secretary of War and printed as a document, and that six hundred additional copies shall be printed for the use of the War Department. Sec. 12. Nicaragua Canal, gathering of hydrological data authorized.

That the Secretary of War is hereby authorized to continue the gathering of hydrological data, concerning the proposed Nicaragua Canal, by personnel operating continuously in Nicaragua under the supervision of the Chief of Engineers, as recommended in House Document Numbered 139, 72nd Congress, 1st Session; the cost of this work, and such incidental expenses as may be necessary in connection therewith, to be paid from appropriations hereafter made for examinations, surveys and contingencies of Rivers and Harbors.

Approved, June 20, 1938. To create the office of the Librarian Emeritus of the Library of Congress. 1938-06-20 536 Chapter 52 Stat. 808 75 3 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 public [CHAPTER 536] AN ACT To create the office of the Librarian Emeritus of the Library of Congress. June 20, 1938[[H.

R. 10846](/us/bill/75/hr/10846)][[Public, No. 686](/us/pl/75/686)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Librarian Emeritus, Library of Congress; position created. That upon separation from the service, by resignation or otherwise, on or after July 1, after the approval of this Act, Herbert Putnam, the present Librarian of Congress, who has served in that office for thirty-nine years, shall become Librarian Emeritus, with such duties as the President of the United States may prescribe, and the President of the United States shall thereupon appoint his successor, by and with the advice Salary.and consent of the Senate.

The said Herbert Putnam shall receive as Librarian Emeritus compensation at the rate of $5,000 per annum. Such salary shall be paid in equal monthly installments by the disbursing officer of the Library of Congress, and such sums as may be necessary to make such payments are hereby authorized to be appropriated. Approved, June 20, 1938. Making appropriations for work relief, relief, and otherwise to increase employment by providing loans and grants for public works projects. 1938-06-21 554 Chapter 52 Stat. 809 75 3 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 public 52 Stat. 809 [CHAPTER 554] JOINT RESOLUTION Making appropriations for work relief, relief, and otherwise to increase employment by providing loans and grants for public works projects. June 21, 1938[[H. J. Res. 679](/us/usc/t75/hjres/679)][[Pub. Res., No. 122](/us/pl/75/122)] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, This joint resolutionWork Relief and Public Works Appropriation Act of 1938. may be cited as the “Work Relief and Public Works Appropriation Act of 1938”.

TITLE I— WORK RELIEF AND RELIEFTitle I—Emergency Relief Appropriation Act of 1938.Continuation of relief and work relief, appropriation for designated objects. Section 1. That in order to continue to provide work relief on useful public projects, and relief, in the United States and its Territories and possessions, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to remain available until June 30, 1939, as follows:

(1)To the Works Progress Administration, $1,425,000,000,Works Progress Administration.Balances reappropriated.[50 Stat. 352](/us/stat/50/352). together with the balances of allocations heretofore made or hereafter to be made to the Works Progress Administration under the Emergency Relief Appropriation Act of 1937 and the joint resolution of March 2, 1938, which remain unobligated on June 30, 1938, and such*Ante*, p. 83. amounts shall be available for

(a)administration;

(b)the prosecutionAvailability. of projects approved for such Administration under the provisions of the Emergency Relief Appropriation Act of 1935, the[49 Stat. 115, 1608](/us/stat/49/115/1608); [50 Stat. 352](/us/stat/50/352).[15 U. S. C., Supp. III, § 728](/us/usc/t15/s728). Emergency Relief Appropriation Act of 1936, and the Emergency Relief Appropriation Act of 1937, and the joint resolution of March 2, 1938, which projects shall not be subject to the limitations (1), (2),*Ante*, p. 83.Limitations. and

(3)of

(d)hereof;

(c)aiding self-help and cooperative associations for the benefit of needy persons; and

(d)the following typesTypes of projects subject to Executive approval. of public projects, Federal and non-Federal, subject to the approval of the President, and the amounts to be used for each class shall not, except as hereinafter provided, exceed the respective amounts stated, namely:

(1)Highways, roads, and streets, $484,500,000;

(2)publicHighways.Public buildings, etc. buildings; parks and other recreational facilities, including buildings therein; public utilities; electric transmission and distribution lines orPublic utilities.*Ante*, p. 670. systems to serve persons in rural areas, including projects sponsored by and for the benefit of nonprofit and cooperative associations; sewer systems, water supply and purification systems; airports and otherWater supply, airports, flood control, conservation, etc. transportation facilities; flood control; drainage; irrigation; conservation; eradication of insect pests; projects for the production of lime and marl in Wisconsin for fertilizing soil for distribution to farmers under such conditions as may be determined by the sponsors of such projects under provisions of State law; and miscellaneous construction projects, $655,500,000; and

(3)educational, professional,Educational, etc. clerical, cultural, recreational, production, service, including training for domestic service, and miscellaneous non-construction projects, $285,000,000: *Provided,* That the amount specified for any of the foregoing*Provisos*.Increases allowed. classes may be increased by not to exceed 15 per centum thereof by transfer or retransfer of an amount or amounts from any other class or classes: *Provided further,* That notwithstanding any otherUse of sums for providing direct relief for needy persons. provisions of this Title, or of the Anti-Deficiency Act, the Works Progress Administrator is authorized, from time to time, out of funds appropriated in this subsection, to use such amount or amounts not to exceed in the aggregate $25,000,000, as may be determined by the President to be necessary, for the purpose of providing direct relief for needy persons; such amounts may be used in the discretion and under the direction of the President and through such agency or agencies as he may designate; 52 Stat. 810

(2)Works Progress Administration for the National Youth Administration.Balances of previous allocations; availability. To the Works Progress Administration for the National Youth Administration, $75,000,000, together with the balances of allocations heretofore made or hereafter to lie made to the Works Progress Administration for the National Youth Administration under the Emergency Relief Appropriation Act of 1937 and the *Ante*, p. 83.joint resolution of March 2, 1938, which remain unobligated on June 30, 1938, and such stuns shall be available to provide, subject to the *Ante*, p. 809.approval of the President, on projects of the types specified under Part-time work, etc., to needy youth.(1)

(d)hereof for the Works Progress Administration, part-time work and training to needy young persons who are no longer in regular attendance at school and who have been unable to obtain Educational assistance.employment, and to enable needy young persons to continue their education at schools, colleges, and universities;

(3)Secretary of Agriculture, for administration, etc. To the Secretary of Agriculture, $175,000,000, together with balances of allocations heretofore made or hereafter to be made to the Farm Security Administration under the Emergency Relief Appropriation Act of 1937 and the joint resolution of March 2, 1938, which remain unobligated on June 30, 1938, and such sums shall be available for administration, loans, relief, and rural rehabilitation for needy persons;

(4)Department of the Interior, Puerto Rico Reconstruction Administration. To the Department of the Interior, Puerto Rico Reconstruction Administration, $6,000,000 together with the balance of allocations heretofore made or hereafter to be made to such Administration under the Emergency Relief Appropriation Act of 1937 and the joint resolution of March 2, 1938, which remain unobligated on June 30, 1938, and such amounts shall be available for administration, loans, and rural rehabilitation for needy persons and for Federal and non-Federal projects of the type specified for the Works Progress Administration under limitations (1), (2), and

(3)of

(d)hereof;

(5)Designated agencies for administrative expenses. To the following agencies for administrative expenses incident to carrying out the purposes of this title:

(a)General Accounting Office, $4,180,000;

(b)Treasury Department: Procurement Division, Branch of Supply $5,500,000; Division of Disbursement, $3,500,000; Office of the Treasurer, $750,000; Secret Service Division, $300,000; Office of Commissioner of Accounts and Deposits and Division of Bookkeeping and Warrants, $8,000,000 for administrative accounting; total, Treasury Department, $18,050,000; and

(c)Department of Commerce, Bureau of Air Commerce, $325,000;

(6)United States Employees’ Compensation Commission.*Post*, p. 814. To the United States Employees’ Compensation Commission for expenditure in accordance with the provisions of section 16 of this title, $3,500,000; and any allocations heretofore made or hereafter to be made to such Commission under the Emergency Relief Appropriation Act of 1937 or prior Emergency Relief Appropriation Acts shall not be rescinded or reallotted for any other purpose;

(7)Designated agencies for administrative expenses. To the following agencies for administrative expenses:

(a)National Emergency Council, $850,000;

(b)National Resources Committee, $750,000; and

(c)Department of Labor, United States Employment Service, $3,000,000; and

(8)Department of Justice.[49 Stat 118](/us/stat/49/118). To the Department of Justice, $1,250,000, for administrative expenses in carrying out the provisions of section 5 of the Emergency Relief Appropriation Act of 1935; Total of appropriations, title I, $1,712,905,000. Restriction on use of funds. The funds made available by this title shall be used only for work relief or relief for persons in need except as otherwise specifically provided herein. Sec. 2. Apportionment of funds appropriated to Works Progress Administration. The funds appropriated in this title to the Works Progress Administration shall be so apportioned and distributed over the period ending February 28, 1939, and shall be so administered during52 Stat. 811 such period as to constitute the total amount that will be furnished to such Administration during such period for relief purposes, exceptEmergencies, etc. that upon the happening of some extraordinary emergency or unusual circumstance, which could not be anticipated at the time of making such apportionment, the same may be waived or modified by the President, who shall fully set forth the reasons therefor at the time of any such action and communicate the same to Congress in connection with any estimates for additional appropriations to carry out the purposes of this title, but any such waiver or modification shall not have the effect of reducing the total period of apportionment of such funds as provided herein by more than one month; and the funds appropriated in this title to the Secretary of Agriculture, to the Works Progress Administration for the National Youth Administration, and to the other agencies, shall be so apportioned and distributed over the twelve months of the fiscal year ending June 30, 1939, and shall be so administered during such fiscal year as to constitute the total amounts that will be furnished to the Secretary of Agriculture, to the Works Progress Administration for the National Youth Administration, and to the other agencies during such fiscal year for the purposes of this title. Sec. 3. The Administrator of the Works Progress AdministrationAllocation of funds by Works Progress Administrator to other Federal agencies for operation of projects.*Ante*, p. 670. is authorized to allocate to other Federal departments, establishments, and agencies, for the purpose of operating projects of the types specified for the Works Progress Administration under section 1 of this title, including administrative expenses of any such department, establishment, or agency incident to the operation of such projects, not to exceed $60,000,000 of the funds made available by such section to such Administration and to prescribe rules and regulations for the operation of such projects: *Provided*, That not to*Proviso*.Limitation on administrative expenses. exceed 5 per centum of the total amount so allotted to any such department, establishment, or agency shall be expended for such administrative expenses. Sec. 4. The Works Progress Administration, the National YouthDesignated agendas extended until June 30, 1939. Administration within the Works Progress Administration, the Farm Security Administration within the Department of Agriculture, the National Emergency Council, and the National Resources Committee are hereby extended until June 30, 1939, to carry out the purposes of this title. Sec. 5. No Federal construction project, except flood control andWork forbidden unless funds for completion allocated; exception.*Ante*, p. 670. water conservation projects authorized under other law, shall be undertaken or prosecuted under the appropriations in this title unless and until there shall have been allocated and irrevocably set aside Federal funds sufficient for its completion; and no non-FederalNon-Federal projects. project shall be undertaken or prosecuted under such appropriations unless and until the sponsor has made a written agreement to finance such part of the entire cost thereof as is not to be supplied from Federal funds. Sec. 6. Federal agencies having supervision of projects prosecutedAcceptance of contributions from sponsors of non-Federal projects. under the appropriations in this title are authorized to receive from sponsors of non-Federal projects contributions in services, materials or money, such money to be deposited with the Treasurer of the United States. Such contributions shall be expended or utilized as agreed upon between the sponsor and the Federal agency. Sec. 7. In carrying out the purposes of this title, the heads of theRules and regulations by heads of departments, etc. departments, establishments, and agencies to which funds are appropriated herein are authorized to prescribe such rules and regulations as may be necessary. Sec. 8. The appropriations in this title for administrative expensesAdministrative expenses not to exceed allocations. and such portion of other appropriations in this title as are available for administrative expenses shall not be obligated for such adminis52 Stat. 812 trative expenses in excess of the amounts which the department, establishment, or agency, with the approval of the Director of the Bureau of the Budget, shall have certified to the Secretary of the Authorized expenditures.Treasury as necessary for such purposes. The amounts so certified for administrative expenses shall be available for expenditure by such department, establishment, or agency concerned for personal services in the District of Columbia and elsewhere and for the objects set [49 Stat. 117](/us/stat/49/117).forth in subsection

(a)of section 3 of the Emergency Belief Appropriation Act of 1935 and with the authority set forth in subsection *Proviso.*Limitation on amount for administration.(b) of such section of such Act: *Provided,* That not to exceed 5 per centum of the amount made available in section 1 of this title to the Works Progress Administration and to the Works Progress Administration for the National Youth Administration shall be used for administration. Sec. 9. Rates of pay on projects. The rates of pay for persons engaged upon projects under the appropriations in this title shall be not less than the prevailing rates of pay for work of a similar nature in the same locality as *Proviso*.Labor Standards Act.Minimum rates if enacted.determined by the Works Progress Administration: *Provided,* That if minimum rates of pay for persons employed by private employers in any occupation are established by or pursuant to the authority *Post*, p. 1060.conferred by any Labor Standards Act enacted at the third session of the Seventy-fifth Congress, not less than the minimum rates of pay so established shall be paid to persons in similar occupations in the same locality employed on projects under the appropriation in subsection one of section one of this title. Sec. 10. Employment of needy not heretofore listed. In the employment of persons on projects under the appropriations in this title, applicants in actual need whose names have not heretofore been placed on relief rolls shall be given the same eligibility for employment as applicants whose names have *Provisos*.Restriction on employment.heretofore. appeared on such rolls: *Provided,* That in order to insure the fulfillment of the purposes for which such appropriations are made and to avoid competition between the Works Progress Administration and other Federal or non-Federal agencies in the employment of labor on construction projects of any nature whatsoever, financed in whole or in part by the Federal Government, no relief worker shall be eligible for employment on any project of the Works Progress Administration who has refused to accept employment on any other Federal or non-Federal project at a wage rate comparable with or higher than the wage rate established for similar work on projectsRestoration where separation not due to fault of enrollee. of the Works Progress Administration: *Provided further,* That any relief worker who has been engaged on any Federal or non-Federal project and whose service has been regularly terminated through no fault of his own shall not lose his eligibility for restoration to the relief rolls or for reemployment on any other Federal or non-Federal project on account of such previous employment: *Provided further*,Adjusted compensation not considered in determining employment need. That the fact that a person is entitled to or has received either adjusted-service bonds or a Treasury check in payment of an adjusted-compensation certificate shall not be considered in determining actual need of such employment: *Provided further,* Quarterly statements by relief workers.That every relief worker employed on any Federal or non-Federal Works Progress Administration project shall be required, as a condition to his continued employment, to file quarterly a statement as to the amount of his earnings, if any, from outside employment while he was assigned to such a project, and the statements so filed shall be taken into consideration in assigning such workers to employment Needy farmers.on such projects and in continuing them in such employment. Farmers in need and who need employment to supplement their farm income but who are not on relief rolls shall have the same eligibility for employment on projects in rural areas as persons on such rolls. 52 Stat. 813 Sec. 11. No alien illegally within the limits of the United States,Illegally entered, etc., aliens, restriction on employment on projects. and no alien who has not, prior to the date of enactment of this joint resolution, filed a declaration of intention to become an American citizen which is valid and has not expired, shall knowingly be given employment or continued in employment on any project prosecuted under the appropriations in this title: *Provided*, That preference in*Proviso*.Preferences in employment. employment on such projects shall be given in the following order:

(1)Veterans of the World War and the Spanish-American War and veterans of any campaign or expedition in which the United States has been engaged (as determined on the basis of the laws administered by the Veterans’ Administration) who are in need and are American citizens;

(2)other American citizens, Indians and other persons owing allegiance to the United States who are in need; and

(3)those aliens in need whose declarations of intention to become American citizens were filed prior to the date of enactment of this joint resolution and are valid and have not expired. Sec. 12. No person employed on work projects under the appropriationsRefusal of private employment offer. in this title and in need who refuses a bona fide offer of private employment under reasonable working conditions which pays as much or more in compensation for the same length of service as such person receives or could receive under such appropriations and who is capable of performing such work, shall be retained in employment for the period such private employment would be available: *Provided,* *Proviso*.Eligibility on expiration of private employment. That any person who takes such private employment shall at the expiration thereof be entitled to immediate resumption of his previous employment status if he is still in need and it he has lost the private employment through no fault of his own. Sec. 13. Appointments to Federal positions of an administrative orFederal administrative, etc., positions in States, appointments. advisory capacity under the appropriations in this title in any State shall be made from among the bona fide citizens of that State so far as not inconsistent with efficient administration. So far as not inconsistent with efficient administration no part ofRequirements. the appropriations in this title shall be available to pay the compensation of any officer or employee of the United States who holds an administrative, executive, or supervisory position under this joint resolution, if the position is in any office located outside the District of Columbia or is on any project prosecuted in any place outside the District of Columbia, unless such person is an actual and bona fide citizen of the State, Territory, region, or district in which the office or project is situated, but this provision shall not apply to the temporary and emergency assignment of any person to a position where the period of service in such position does not exceed sixty days. Sec. 14. No part of any appropriation in this title shall be used toCandidate for State office or campaign manager, pay restriction. pay the salary or expenses of any person in a supervisory or administrative position who is a candidate for any State, district, county, or municipal office (such office requiring full time of such person and to which office a salary or per diem attaches), in any primary, general or special election, or who is serving as a campaign manager or assistant thereto for any such candidate. Sec. 15. Hereafter, so far as not inconsistent with efficient administration,Apportionment of appointments. all appointments of persons to the Federal Service for employment within the District of Columbia, under the provisions of this joint resolution, whether such appointments be within the classified civil service or otherwise, shall be apportioned among the several States and the District of Columbia upon the basis of population as ascertained at the last preceding census. In making separations from the Federal Service, or furloughsSeparations; retention of appointees according to State population. without pay to last as long as three months, of persons employed within the District of Columbia, under the provisions of this joint52 Stat. 814 resolution the appointing power shall give preference, as nearly as good administration will warrant, in retention to appointees from States that have not received their share of appointments according *Proviso*.Soldiers, sailors, etc., preferential status.to population: *Provided, however,* That soldiers, sailors, and marines, the widows of such, or the wives of injured soldiers, sailors, and marines, who themselves are not qualified, but whose wives are qualified to hold a position in the Government Service, shall be given preference in retention, in their several grades and classes, where their ratings are good or better. Sec. 16. Disability or death compensation.[48 Stat. 351](/us/stat/48/351).[5 U. S. C. § 796](/us/usc/t5/s796).Employees excepted. 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 compensation from the appropriations in this title for services rendered Services under National Youth Administration.as employees of the United States and to persons receiving assistance in the form of payments from the United States for services rendered under the National Youth Administration created by Executive order *Provisos*.Limitation.of June 26, 1935: *Provided,* That effective July 1, 1938, the monthly compensation in any individual case heretofore or hereafter coming within the purview of such Act of February 15, 1934, shall not exceed the rate of $50, and the aggregate payments shall not exceed $4,000, Special fund created.exclusive of medical costs: *Provided further,* That so much of the appropriation in section 1 of this title to the United States Employees’ Compensation Commission, as the Commission, with the approval of the Director of the Bureau of the Budget, estimates and certifies to the Secretary of the Treasury will be necessary for the payment of such compensation and administrative expenses shall be set aside in a special fund to be available and to be administered by the Commission during the fiscal year 1939 for such purposes; Availability.*Ante*, p. 415.and after June 30, 1939, such special fund shall be added to and become part of the “Employees’ Compensation Fund, Emergency Relief”, set up in accordance with the provisions of the Independent Use outside United States.Offices Appropriation Act, 1939: *Provided further,* That said “Employees’ Compensation Fund, Emergency Relief” and the special fund herein authorized shall not be limited in its use to the United States, its Territories, and possessions and any payments heretofore made to persons outside the United States, its Territories, and possessions from the special funds set aside to be administered by said Commission, if otherwise valid, are hereby validated: *Provided further,* Cases within purview of State, etc., workmen’s compensation laws. That this section shall not apply in any case coming within the purview of the workmen’s compensation law of any State or Territory, or in which the claimant has received or is entitled to receive similar benefits for injury or death. Sec. 17. Establishment of special funds for materials, supplies, etc. In carrying out the purpose of the appropriations in this title, the Secretary of the Treasury is authorized to prescribe rules and regulations for the establishment of special funds for the Procurement Division, Branch of Supply, Treasury Department, and the Works Progress Administration, m the nature of involving funds for use, until June 30, 1939, in the purchase, repair, distribution, or rental of materials, supplies, equipment, and tools. Sec. 18. Minor purchases.[R. S. § 3709](/us/rs/3709).[41 U. S. C. § 5](/us/usc/t41/s5). The provisions of section 3709 of the Revised Statutes (41 U. S. C., 5) shall not apply to any purchase made or service procured in connection with the foregoing appropriation when the aggregate amount involved is less than $300. Sec. 19. False statements with intent to defraud, etc. Any person who knowingly and with intent to defraud the United States makes any false, statement in connection with any application for any project, employment, or relief aid under the appropriations in this title, or diverts, or attempts to divert or assists in diverting, for the benefit of any person or persons not52 Stat. 815 entitled thereto, any portion of such appropriation, or any services or real or personal property acquired thereunder, or who knowingly, by means of any fraud, force, threat, intimidation, or boycott, or discrimination on account of race, religion, political affiliations, or membership in a labor organization, deprives any person of any of the benefits to which he may be entitled under any such appropriation, or attempts so to do, or assists in so doing, shall be deemedPenalty. guilty of a misdemeanor and fined not more than $2,000 or imprisoned not more than one year, or both. Sec. 20. The Works Progress Administrator is authorized to consider,Ascertainment and payment of certain damage claims. ascertain, adjust, determine, and pay from the appropriation to the Works Progress Administration in this title any claim arising out of operations thereunder accruing after the effective date of tins title on account of damage to or loss of property caused by the negligence of an employee of the Works Progress Administration or of the National Youth Administration while acting within the scope of his employment: *Provided,* That no claim shall be considered*Provisos*.Limitations. hereunder which is in excess of $500, or which is not presented in writing to the Administration within one year from the date of accrual thereof: *Provided further,* That acceptance by any claimantAcceptance of amount deemed in full settlement. of the amount allowed on account of his claim shall be deemed to be in full settlement thereof, and the action of the Administrator upon such claim so accepted by the claimant shall be conclusive. Sec. 21. Reports of the operations under the appropriations in thisReports of operations to Congress.[50 Stat. 352](/us/stat/50/352); *ante*, p. 83. joint resolution and the appropriation contained in the Emergency Relief Appropriation Act of 1937 and the joint resolution of March 2, 1938, including a statement of the expenditures made and obligations incurred by classes, projects, and amounts shall be submitted by the President to Congress on or before the fifteenth of January in each of the next two regular sessions of Congress: *Provided,* That*Proviso*.Existing requirement superseded.[50 Stat. 357](/us/stat/50/357). such reports shall be in lieu of the report required by section 14 of such Act of 1937. Sec. 22. No part of the funds made available in this joint resolutionRestriction on use of funds. shall be loaned or granted, except pursuant to an obligation incurred prior to the date of the enactment of this joint resolution, to any State, or any of its political subdivisions or agencies, for the purpose of carrying out or assisting in carrying out any program or project of constructing, rebuilding, repairing, or replanning its penal or reformatory institutions, unless the President shall find that the projects to be financed with such Ioan or grant will not cause or promote competition of the products of convict labor with the products of free labor. Sec. 23. The funds herein appropriated to the Works ProgressLimitation on expenditures for other than labor costs. Administration, exclusive of those used for administrative expenses, shall be so administered by the Works Progress Administrator that, except as hereinafter provided, expenditure authorizations for other than labor costs for all the projects financed from such funds in any State, Territory, possession, or the District of Columbia shall not exceed an average of $7 per month per worker employed after June 30, 1938, and prior to February 28, 1939, on all such projects: *Provided,* That not to exceed $25,000,000 of the funds herein appropriated*Proviso*.Supplementary funds in emergency. to the Works Progress Administration may be used by the Works Progress Administrator to supplement the amounts so authorized for other than labor costs in any State, Territory, possession, or the District of Columbia where in the opinion of the Administrator an emergency makes such additional expenditures necessary to assure the operation of sound projects. Sec. 24. This title may be cited as the “Emergency ReliefShort title. Appropriation Act of 1938”. 52 Stat. 816 TITLE II— Title II—Public Works Administration Appropriation Act of 1938.Appropriation.*Post*, pp. 1152, 1153.PUBLIC WORKS ADMINISTRATION PROJECTS Sec. 201.

(a)In order to increase employment by providing for useful public works projects of the kind and character which the Federal Emergency Administrator of Public Works (herein called the “Administrator”) has heretofore financed or aided in financing, [48 Stat. 200](/us/stat/48/200); [49 Stat. 115, 1608](/us/stat/49/115/1608); [50 Stat. 352](/us/stat/50/352).pursuant to Title II of the National Industrial Recovery Act, the Emergency Relief Appropriation Act of 1935, the Emergency Relief Appropriation Act of 1936, or the Public Works Administration Extension Act of 1937, there is hereby appropriated, out of any Availability.money in the Treasury not otherwise appropriated, to remain available until June 30, 1940, the sum of $965,000,000, to be expended by Authorized expenditures.such Administrator, subject to the approval of the President, for

(1)the making of allotments to finance Federal projects, or

(2)the making of loans or grants, or both, to States, Territories, possessions, political subdivisions, or other public bodies (herein called public agencies), or

(3)the construction and leasing of projects, with or without the privilege of purchase, to any such public *Proviso*.Use for enlarging Indian Reservations forbidden.agencies: *Provided,* That no funds appropriated under this title shall be available for the acquisition of land to enlarge Indian Reservations.

(b)Time limitations. No funds appropriated under this title shall be allotted for any project which in the determination of the Administrator cannot be commenced prior to January 1, 1939, or the completion of which cannot be substantially accomplished prior to June 30, 1940: *Proviso*.Exception. *Provided,* That this limitation upon time shall not apply to any project enjoined in any Federal or State court.

(c)Allocations for Federal construction projects. Under subsection

(1)of this section not to exceed $200,000,000 shall be allotted to Federal agencies for Federal construction projects (including projects for making surveys and maps, not exceeding $2,500,000) in continental United States outside the Classes.District of Columbia, and such projects shall be selected from among the following classes:

(1)Projects authorized by law and for the acquisition of land for sites for such authorized projects;

(2)projects for the enlargement, extension, or remodeling of existing Federal plants, institutions, or facilities;

(3)projects for hospitals and domiciliary facilities of the Veterans’ Administration (including the acquisition of land for sites therefor) and any such allotments shall be available for the purposes and under the conditions specified in the appropriation for “Hospitals and domiciliary facilities” in the Independent Offices Appropriation Act, 1939; and

(4)projects for penal and correctional facilities under the Department of Justice, including the acquisition of land for sites therefor: *Provided,* That not to Proviso.Military or naval purposes.exceed $15,000,000 of such allotments shall be made for military or naval purposes except for the housing or hospitalization of personnel or for storage of material, supplies, and equipment at existing establishments.

(d)Grants for non-Federal projects, limitation on amount. No grant shall be made in excess of 45 per centum of the cost of any non-Federal project, and no project shall be constructed for lease to any public agency unless the Administrator shall determine that the nonrecoverable portion of the cost of such project shall not exceed 45 per centum of the cost thereof.

(e)Projects constructed for lease to public agencies, limitation. Not more than $750,000,000 of the funds appropriated under this title shall be used for grants, or for defraying the estimated non-recoverable portion of the cost of projects constructed for lease to public agencies.

(f)Administrative expenses. Not more than $15,000,000 of the appropriation hi this title shall be available for administrative expenses of the Administration during the fiscal year ending June 30, 1939; such amount and the amount made available in the Independent Offices Appropriation52 Stat. 817 Act, 1939, for administrative expenses for the Federal Emergency*Ante*, p. 434. Administration of Public Works shall be available for administrative expenses thereof during such fiscal year for the purposes and under the conditions set forth in such Act for such Administration, except that the condition therein that such administrative expensesCertain conditions rescinded. are in “connection with the liquidation of said Administration” is hereby rescinded and both amounts are hereby made available, in addition to the other purposes, for the purchase and exchange of motor-propelled passenger-carrying vehicles for official use in field work and in the District of Columbia in a total amount not to exceed $75,000 but not more than $1,500 thereof shall be so expended for such purchase and exchange for use in such District. And the AdministratorAdministrative expenses for fiscal year 1940. shall reserve from the appropriation in this title an adequate amount for administrative expenses of the Administration for the fiscal year ending June 30, 1940, for the completion (except liquidation) of the activities of such Administration, subject to authorization hereafter by annual appropriation acts for the utilization thereof.

(g)Not more than $400,000,000 may be used, from the moneysFunds from sale of securities, etc., use of portion for making further loans. realized from the sale of securities acquired with funds made available by this title or with the proceeds of such securities, for the making of further Ioans hereunder.

(h)No Federal construction project, except flood control andWork forbidden unless funds for completion allocated; exceptions. water conservation or utilization projects now under actual construction, shall be undertaken or prosecuted under the appropriation in this title unless and until there shall have been allocated and irrevocably set aside Federal funds sufficient for its completion; andNon-Federal projects. no moneys for a non-Federal project shall be paid from the funds made available by this title to any public agency unless and until adequate provision has been made, or in the opinion of the Administrator is assured, for financing such part of the entire cost thereof as is not to be supplied from Federal funds. Sec. 202. The Federal Emergency Administration of Public WorksContinuation of Administration to June 30, 1941. is hereby continued to the close of the fiscal year ending June 30, 1941, and is hereby authorized to continue to perform all functions which it is authorized to perform on the date of enactment hereof. All provisions of law existing on the date of enactment hereof, andProvisions of law extended. relating to the availability of funds for carrying out any of the functions of such Administration are hereby continued to the end of such fiscal year, except that the date specified in the Emergency[49 Stat. 1608](/us/stat/49/1608), [50 Stat. 357](/us/stat/50/357). Relief Appropriation Act of 1936, as amended by section 201 of the Public Works Administration Extension Act of 1937, prior to which, in the determination of the Administrator, projects for which moneys made available by such Act were authorized to be granted, can be substantially completed is hereby changed from “July 1, 1939” to “July 1, 1940”. Sec. 203. That portion of section 203 of the Public WorksApproval of applications; provision repealed.[50 Stat. 357](/us/stat/50/357). Administration Extension Act of 1937, which reads as follows, is hereby repealed: “; and after the date of the enactment of this joint resolution no allotment shall be made by the Administrator for any project the application for which has not been approved by the examining divisions of the Administration prior to such date”. Sec. 204. Section 206 of the Public Works Administration Extension[50 Stat. 358](/us/stat/50/358). Act of 1937 is hereby amended to read as follows:" “Sec. 206. No new applications for loans or grants for non-FederalLoans or grants for non-Federal projects; time limitation on new applications.*Proviso*.Exceptions. projects shall be received by the Administration after September 30, 1938: *Provided,* That this section shall not apply to applications amendatory of applications for projects received prior to October 1, 1938, and such applications shall be confined to projects, which, in the determination of the Administrator, can be started and completed52 Stat. 818 within the time limits specified in section 201

(b)of the Public Works Administration Appropriation Act of 1938.” " Sec. 205. Short title. This title may be cited as the “Public Works Administration Appropriation Act of 1938”. TITLE III— Title III—Federal Public Buildings Appropriation Act of 1938.Sites and construction.Authorizations increased.FEDERAL PUBLIC BUILDINGS Sec. 301. Construction of Public Buildings Outside the District of Columbia: The total amount authorized to be appropriated for the three-year program for the acquisition of sites and construction of public buildings by the paragraph under the caption “Emergency instruction of Public Buildings Outside the District of Columbia”, contained in the “Third Deficiency Appropriation Act, fiscal year [50 Stat. 773](/us/stat/50/773).1937”, approved August 25, 1937 (50 Stat, 773), is hereby increased Provisions applicable, operative; exception.from $70,000,000 to $130,000,000. All applicable provisions and authority of such paragraph shall be operative with respect to the enlarged authorization provided in this title except that the list from which projects, including the sites therefor, are to be selected by the Postmaster General and the Secretary of the Treasury acting jointly shall be the revision, dated April 25, 1938, of House Report Appropriation.Numbered 1879, Seventy-third Congress. Toward such increased program there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $25,000,000, of which not to exceed $500,000 may be utilized as an addition to the fund specified in such paragraph in such Act for the augmentation of the limits of cost of selected projects in amounts not exceeding 10 Consolidation of funds.per centum of such limits of cost. The appropriations heretofore made under the authority of such paragraph, together with the appropriation in this title, shall be consolidated into a single fund and be available toward the consummation of the entire authorized program. Sec. 302. Short title. This title may be cited as the “Federal Public Buildings Appropriation Act of 1938”. TITLE IV— Title TV—Rural Electrification Act of 1938.RURAL ELECTRIFICATION LOANS Sec. 401. Loans authorized.[49 Stat. 1364](/us/stat/49/1364).[7 U. S. C., Supp. III, § 903](/us/usc/t7/s903). The Act entitled “An Act to provide for rural electrification, and for other purposes”, approved May 20, 1936 (49 Stat. 1363), is hereby amended as follows:

(a)By inserting in subsection

(a)of section 3 thereof immediately following the date “June 30, 1937” the phrase “and $100,000,000 for the fiscal year ending June 30, 1939” and

(b)by striking out the date “June 30, 1937” appearing at the end of subsection

(e)of such section 3 and inserting in lieu thereof the date “June 30, 1939”. Use of materials of American manufacture. In making loans pursuant, to this title and pursuant to the Rural Electrification Act of 1936, the Administrator of the Rural Electrification Administration shall require that, to the extent practicable and the cost of which is not unreasonable, the. borrower agree to use in connection with the expenditure of such funds only such unmanufactured articles, materials, and supplies, as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States. Sec. 402. Salaries and expenses. For an additional amount for salaries and expenses of the Rural Electrificiation Administration, fiscal years 1938 and 1939, including the same objects and under the same conditions specified *Ante*, p. 424.under this head in the Independent Offices Appropriation Act, 1939, including printing and binding, there is appropriated, out of any52 Stat. 819 money in the Treasury not otherwise appropriated, the sum of $700,000: *Provided,* That no part of any appropriation contained*Proviso*.Reenlistment allowance, restriction. in this or any other Act for the fiscal year ending June 30, 1939, shall be available for the payment of enlistment allowance to enlisted men for reenlistment within a period of three months from date of discharge as to reenlistments made during the fiscal year ending June 30, 1939, notwithstanding the applicable provisions of sections 9 and 10 of the Act entitled “An Act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service”, approved June 10, 1922 (37 U. S. C. 13, 16). [42 Stat. 629](/us/stat/42/629).[37 U. S. C. §§ 13–16](/us/usc/t37/s13–16). Sec. 403. This title may be cited as the “Rural Electrification ActShort title. of 1938”. TITLE V— PRICE ADJUSTMENT ACT OF 1938Title V—Price Adjustment Act of 1938. Sec. 501. There is hereby appropriated out of any money in theAppropriation for making parity payments to certain producers of wheat, cotton, corn, etc. Treasury not otherwise appropriated, to be available until expended, the sum of $212,000,000 to enable the Secretary of Agriculture to make parity payments to producers of wheat, cotton, corn (in the commercial corn-producing area), rice, and tobacco pursuant to the provisions of section 303 of the Agricultural Adjustment Act of 1938:*Ante*, p. 45. *Provided, however,* That, notwithstanding the provisions of said section,*Provisos*.Apportionment of funds. one-half of this sum shall be apportioned among such commodities in accordance with the provisions of said section 303 of the Agricultural Adjustment Act of 1938 and one-half shall be apportioned among such commodities in the same proportion that funds available for sections 7 to 17, inclusive, of the Soil Conservation and[49 Stat. 1148–1151](/us/stat/49/1148–1151).[16 U. S. C., Supp. III, §§ 590g–590q](/us/usc/t16/s590g–590q). Domestic Allotment Act would be allocated to such commodities in connection with the 1939 agricultural conservation program on the basis of the standards set forth in section 104 of the Agricultural*Ante*, p. 35. Adjustment Act of 1938: *Provided further,* That such payments withBasis of payments. respect to any such commodity shall be made upon the normal yield of the farm acreage allotment established for the commodity under the 1939 agricultural conservation program, and shall be made with respect to a farm only in the event that the acreage planted to the commodity for harvest on the farm in 1939 is not in excess of the farm acreage allotment established for the commodity under said program: *And provided further,* That the rate of payment with respect to anyRate, limitation. commodity shall not exceed the amount by which the average farm price of the commodity is less than 75 per centum of the parity price. In apportioning the funds among commodities, parity income forParity income construed. each commodity shall be considered a normal year’s domestic consumption and exports (in the case of corn, that part of a normal year’s domestic consumption and exports determined on the basis of the proportion that corn production in the commercial corn-producing area was of United States production during the five years 1928–32, inclusive) of such commodity times the parity price. In determiningDetermination of parity prices and farm prices. parity prices and farm prices for these commodities, that part of the marketing year ending January 31, 1939, shall be used. In case any person who is entitled to payment hereunder dies, becomes incompetent or disappears before receiving such payment or is succeeded by another who renders or completes the required performance, payment shall, without regard to any other provisions of law, be made as the Secretary of Agriculture may determine to be fair and reasonable in all the circumstances and provide by regulations. The administrationProvisions applicable.*Ante*, p. 31. of this title shall be in accordance with the provisions of the Agricultural Adjustment Act of 1938 and the provisions of other titles of this joint resolution shall not apply to this title. This title may be cited as the “Price Adjustment Act of 1938.” Short title. 52 Stat. 820 Sec. 502. Agricultural Adjustment Act of 1938, amendments.Loans upon wheat if price below 52 per centum of parity price.*Ante*, p. 43.

(a)The first sentence of subsection

(b)of section 302 of the Agricultural Adjustment Act of 1938, as amended, is amended

(1)by inserting after “June 15” the words “or at any time thereafter during such marketing year;” and

(2)by striking out “on such date” and inserting in lieu thereof “at any such time”.

(b)Loans upon cotton.*Ante*, p. 43. The first sentence of subsection

(c)of section 302 of such Act, as amended, is amended

(1)by adding after “August 1” the words “or at any time thereafter during such marketing year”; and

(2)by striking out “on such date” and inserting in lieu thereof “at any such time”.

(c)Loans upon corn.*Ante*, p. 43. The first sentence of subsection

(d)of section 302 of such Act, as amended, is amended by inserting after “November 15” wherever it appears the words “or at any time thereafter during such marketing year”. TITLE VI— United States Housing Act Amendments of 1938.[50 Stat. 892](/us/stat/50/892).[42 U. S. C., Supp. III, § 1410 (e)](/us/usc/t42/s1410/e).UNITED STATES HOUSING AUTHORITY Sec. 601. Section 10 of the United States Housing Act of 1937 (referred to in this title as the “Act”) is amended by amending subsection “(e)” and adding a new subsection “(f)” as follows:" “(e) Contracts, limitation on authority. The Authority is authorized, on and after the date of the enactment of this Act, to enter into contracts which provide for annual contributions aggregating not more than $28,000,000 per annum. Without further authorization from Congress, no new contracts for annual contributions beyond those herein authorized shall be entered Appropriations authorized for annual contribution.into by the Authority. The faith of the United States is solemnly pledged to the payment of all annual contributions contracted for pursuant to this section, and there is hereby authorized to be appropriated in each fiscal year, out of any money in the Treasury not otherwise appropriated, the amounts necessary to provide for such payments. “(f) Payments pledged as security. Payments under annual contributions contracts shall be pledged as security for any loans obtained by a public-housing agency to assist the development of the housing project to which the annual *Proviso*.Application of annual contributions.contributions relate: *Provided,* That annual contributions shall be used first to apply toward the payment of interest or principal as same mature on any loan due to the Authority from the public-housingTerm defined. agency. The term ‘any loan due to the Authority’ as used in this section shall mean any loan made by the Authority (including any bonds or other evidences of such loan which are resold by the Authority) to assist the development of the project to which the annual contributions relate.” " Sec. 602. [50 Stat. 898](/us/stat/50/898).[42 U. S. C., Supp. III, § 1420 (a)](/us/usc/t42/s1420/a).Issuance of obligations.Maximum amount. Section 20

(a)of the Act is amended to read as follows:" “Sec. 20.

(a)The Authority is authorized to issue obligations in the form of notes, bonds, or otherwise, which it may sell to obtain funds for the purposes of this Act. The Authority may issue such obligations in an amount not to exceed $800,000,000. Such obligations shall be in such forms and denominations, mature within such periods not exceeding sixty years from date of issue, bear such rates of interest not exceeding 4 per centum per annum, be subject to such terms and conditions, and be issued in such manner and sold at such prices as may be prescribed by the Authority with the approval of the Secretary of the Treasury.” " Sec. 603. Short title. This title may be cited as the “United States Housing Act Amendments of 1938.” Approved, June 21, 1938. To authorize the attendance of the Marine Band at the United Confederate Veterans’ 1938 Reunion at Columbia, South Carolina, from August 30 to September 2, 1938, both dates inclusive. 1938-06-21 555 Chapter 52 Stat. 821 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 52 Stat. 821 [CHAPTER 555] AN ACT To authorize the attendance of the Marine Band at the United Confederate Veterans’ 1938 Reunion at Columbia, South Carolina, from August 30 to September 2, 1938, both dates inclusive. June 21, 1938[[S. 4070](/us/bill/75/s/4070)][

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