Public Law 158.
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/statutes-at-large/vol-53/public-law-158A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/76/157)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the following Department of Labor Appropriation Act, 1940. sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Labor Department for the fiscal year ending June 30, 1940, namely: DEPARTMENT OF LABOR office of the secretary Salaries.*Post*, p. 1319.*Provisos*.Continuance of personnel determining wage rates.[49 Stat. 1011](/us/stat/49/1011).[40 U.
S. C., Supp. IV, §§ 276a–276a–6](/us/usc/t40/s276a–276a–6).Continuance of certain persons detailed from U. S. Employment Service.Salaries limited to average rates under Classification Act; exceptions.[5 U. S. C. §§ 661–674; Supp. IV, §§ 673, 673c](/us/usc/t5/s661–674/673/673c).If only one position in grade.Advances in unusually meritorious cases.Restriction not applicable to clerical-mechanical service.No reduction in fixed salaries.[5 U. S. C. § 666](/us/usc/t5/s666).Transfer without reduction.Higher salary rates permitted.If only one position in a grade.
Salaries: Secretary of Labor, Assistant Secretary, Second Assistant Secretary, and other personal services in the District of Columbia, $391,680: *Provided*, That persons (not exceeding ten in number) now employed in the determination of wages pursuant to the provisions of the Act entitled “An Act to amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings”, approved August 30, 1935, may be continued in such employment and paid from the amount herein appropriated without regard to the provisions of the civil-service laws requiring competitive examinations: *Provided further*, That persons (not exceeding five in number) now detailed to the Office of the Secretary from the United States Employment Service may be continued for the fiscal year 1940 in the Office of the Secretary and paid from the amount herein appropriated without regard to the provisions of the civil-service laws requiring competitive examinations: *Provided further*, That in expending appropriations or portions of appropriations, contained in this Act, for the payment of personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the Assistant Secretary and the Second Assistant Secretary of Labor, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended, and in grades in which only one position is allocated the salary of such position shall not exceed the average of the compensation rates for the grade, except that in unusually meritorious cases of one position in a grade advances may be made to rates higher than the average of the compensation rates of the grade but not more often than once in any fiscal year and then only to the next higher rate: *And provided further*, That this restriction shall not apply
(1)to grades 1, 2, 3, and 4 of the clerical-mechanical service, or
(2)to require the reduction in salary of any person whose compensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, or
(3)to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, or
(4)to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or
(5)to reduce the compensation of any person in a grade in which only one position is allocated. contingent expenses, department of labor Department contingent expenses.*Post*, p. 1319. Contingent expenses: For contingent and miscellaneous expenses of the offices and bureaus of the Department, for which appropria-53 Stat. 921tions for contingent and miscellaneous expenses are not specifically made, including the purchase of stationery, furniture, and repairs to the same, carpets, matting, oilcloths, file cases, towels, ice, brooms, soap, sponges, laundry, streetcar fares not exceeding $1,200; purchase, Vehicles.Books, periodicals, etc.Immigration and Naturalization Service, purchase of certain supplies.*Proviso*.Minor purchases.[R. S. § 3709](/us/bill/76/rs/3709).[41 U. S. C. § 5](/us/usc/t41/s5). exchange, maintenance, and repair of motorcycles and motortrucks; maintenance, operation, and repair of two motor-propelled passenger-carrying vehicles, to be used only for official purposes; freight and express charges; newspaper clippings not to exceed $1,200, postage to foreign countries, telegraph and telephone service, typewriters, adding machines, and other labor-saving devices; purchase and exchange of law books, books of reference, newspapers and periodicals, and, when authorized by the Secretary of Labor, dues for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members, not exceeding $5,300; contract stenographic services; teletype service and tolls (not to exceed $900); all other necessary miscellaneous expenses not included in the foregoing; and not to exceed $25,000 for purchase of certain supplies for the Immigration and Naturalization Service; in all, $233,620: *Provided*, That section 3709 of the Revised Statutes (41 U. S. C. 5) shall not be construed to apply to any purchase or service rendered for the Department of Labor when the aggregate amount involved does not exceed the sum of $100. Traveling expenses: For all traveling expenses, except traveling Traveling expenses.*Post*, p. 1319.Printing and binding. expenses incident to the deportation of aliens, under the Department of Labor, including all bureaus and divisions thereunder, $1,216,700. Printing and binding: For printing and binding for the Department of Labor, including all its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, $454,800, of which amount not to exceed $2,000 shall be available immediately. Division of Labor Standards, salaries and expenses: For salaries Division of Labor Standards. and expenses, including purchase and distribution of reports, and of material for informational exhibits, in connection with the promotion of health, safety, employment, stabilization, and amicable industrial relations for labor and industry, $218,500, of which amount not to exceed $115,000, may be expended for personal services in the District of Columbia. The appropriation herein for traveling expenses shall be available Attendance at meetings. for expenses of attendance of cooperating officials and consultants at conferences concerned with the work of the Division of Labor Standards when called by the Division of Labor Standards with the written approval of the Secretary of Labor, and shall be available also in an amount not to exceed $2,000 for expenses of attendance at meetings related to the work of the Division of Labor Standards when incurred on the written authority of the Secretary of Labor. Commissioners of conciliation: To enable the Secretary of Labor Commissioners of conciliation.[37 Stat. 738](/us/stat/37/738).[5 U. S. C. § 619](/us/usc/t5/s619).*Proviso*.Retention of certain employees.[49 Stat. 587](/us/stat/49/587). to exercise the authority vested in him by section 8 of the Act creating the Department of Labor (5 U. S. C. 611) and to appoint commissioners of conciliation, telegraph and telephone service, and not to exceed $67,000 for personal services in the District of Columbia, $325,000: *Provided*, That persons now employed in such conciliation work pursuant to authority contained under this head in the Second Deficiency Appropriation Act, fiscal year 1935, may be continued in such employment and paid from the amount herein appropriated. Liaison with the International Labor Organization, Geneva, International Labor Organization, Geneva.Liaison with; expenses. Switzerland, salaries and expenses: For a United States Labor Commissioner and other personal services in Geneva, Switzerland; compensation of interpreters, translators, and porters; transportation of 53 Stat. 922 employees, their families, and effects, in going to and returning from foreign posts; rent, heat, light, and fuel; hire, maintenance, and operation of motor-propelled passenger-carrying vehicles; purchase and exchange of foreign and domestic books, periodicals, and newspapers; Printing and binding.Living quarters.[46 Stat. 818](/us/stat/46/818).[5 U. S. C. § 118a](/us/usc/t5/s118a). purchase of furniture, stationery, and supplies; printing and binding; postage; telephone and other similar expenses, for which payment may be made in advance; necessary technical or special investigations in connection with matters falling within the scope of the International Labor Organization; allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (5 U. S. C. 118a), not to exceed $1,700 for any person, and contingent and such other expenses in the United States and elsewhere as the Secretary of Labor may deem necessary, $21,000. Division of Public Contracts.Salaries and expenses.[49 Stat. 2036](/us/stat/49/2036).[41 U. S. C., Supp. IV, §§ 35–45](/us/usc/t41/s35–45). Division of Public Contracts, salaries and expenses: For personal services in the District of Columbia and elsewhere, in performing the duties imposed by the “Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes”, approved June 30, 1936 (41 U. S. C. 38), and for other necessary expenses in the field, including contract stenographic reporting services, $322,120. bureau of labor statistics Salaries and expenses. Salaries and expenses: For personal services including temporary statistical clerks, stenographers, and typewriters in the District of Columbia, and including also experts and temporary assistants for field service outside of the District of Columbia; purchase of periodicals, documents, envelopes, price quotations, and reports and materials for reports and bulletins of said Bureau, $1,012,500, of which amount not to exceed $860,000 may be expended for the salary of the Commissioner and other personal services in the District of Columbia. Attendance at meetings. The appropriation herein for traveling expenses shall be available, in an amount not to exceed $2,000, for expenses of attendance at meetings concerned with the work of the Bureau of Labor Statistics when incurred on the written authority of the Secretary of Labor. immigration and naturalization service Departmental salaries.*Post*, p. 1319. Salaries, Office of Commissioner: Departmental salaries: For the Commissioner and other personal services in the District of Columbia, $563,480. Field service, salaries.*Post*, p. 1319.*Provisos*.Living quarters.[46 Stat. 818](/us/stat/46/818).[5 U. S. C. § 118a](/us/usc/t5/s118a).Overtime pay.[46 Stat. 1467](/us/stat/46/1467).[8 U. S. C. §§ 109a, 109b](/us/usc/t8/s109a/109b).Assistants to clerks of U. S. courts excluded.Contract laborers, etc.[39 Stat. 893](/us/stat/39/893).[8 U. S. C. § 109](/us/usc/t8/s109). Salaries, field service: For salaries of field personnel of the Immigration and Naturalization Service, including the personnel of the Immigration Border Patrol and the services of persons authorized by law to be detailed to the District of Columbia for duty, $7,900,420: *Provided*, That not to exceed $36,000 of the total amount herein appropriated shall be available for allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (5 U. S. C. 118a), not to exceed $1,700 for any person: *Provided further*, That $130,000 of the amount herein appropriated shall be available only for the payment of extra compensation for overtime services of inspectors and employees of the Immigration and Naturalization Service for which the United States receives reimbursement in accordance with the provisions of the Act of March 2, 1931 (8 U. S. C. 109a–109b): *Provided further*, That no part of this appropriation shall be available for the compensation of assistants to clerks of United States courts: *Provided further*, That notwithstanding the provisions of the Act of February 5, 1917 (8 U. S. C. 109), authorizing the Secretary of Labor to draw annually from the appropriations for the enforcement of the laws regulating the immigration of 53 Stat. 923 aliens into the United States, $200,000, or so much thereof as may be necessary, to enforce the law excluding contract laborers and induced and assisted immigrants, not to exceed $60,000 of the sum herein appropriated may be expended for such purposes, and such expenditure shall be made in strict compliance with the provisions of the Act [41 Stat. 68](/us/stat/41/68).[18 U. S. C. § 201](/us/usc/t18/s201). of July 11, 1919 (18 U. S. C. 201). General expenses (other than salaries): For all expenses of the General expenses.Enforcement of immigration, etc., laws.Naturalization.Vehicles.*Provisos*.Purchase of motor vehicles.Privately owned horses.Payment of rewards. Immigration and Naturalization Service, including the Immigration Border Patrol, incurred in the enforcement of the laws regulating the immigration to, the residence in, and the exclusion and deportation from the United States of aliens and persons subject to the Chinese exclusion laws; for enforcement of the laws authorizing a uniform rule for the naturalization of aliens; expenses of officers, clerks, and other employees appointed to enforce said laws; care, detention, maintenance, transportation, and traveling expenses incident to the deportation and removal of aliens and persons subject to the Chinese exclusion laws, as authorized by law, in the United States, and to, through, or in foreign countries; purchase of supplies and equipment, including alterations and repairs; purchase, exchange, operation, maintenance, and repair of motor-propelled vehicles, including passenger-carrying vehicles for official use in field work; arms, ammunition, and accessories; cost of reports of decisions of the Federal courts and digests thereof, books of reference, and foreign language textbooks for official use; verifications of legal papers; refunding of head tax, maintenance bills, and immigration aliens, upon presentation of evidence showing conclusively that collection and deposit was made through error; mileage and fees to witnesses subpenaed on behalf of the United States, and for all other expenses necessary to enforce said laws, $1,340,000: *Provided*, That not to exceed $45,000 of the sum herein appropriated shall be available for the purchase, including exchange, of motor-propelled passenger-carrying vehicles: *Provided further*, That the Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, may contract with officers and employees stationed outside of the District of Columbia, whose salaries are payable from the appropriation for field salaries of the Immigration and Naturalization Service, for the use, on official business outside of the District of Columbia, of privately owned horses, and the consideration agreed upon shall be payable from the funds herein appropriated: *Provided further*, That not to exceed $10,000 of the sum herein appropriated may be expended for payment of rewards, when specifically authorized by the Secretary of Labor, for information leading to the detection, arrest, or conviction of persons violating the immigration or naturalization laws. Immigration stations: For remodeling, repairing (including Ellis Island, ferry-boat repairs. repairs to the ferryboat, Ellis Island), renovating buildings, and purchase of equipment, $65,000. The appropriation herein for traveling expenses shall be available Attendance at meetings. in an amount not to exceed $400 for expenses of attendance at meetings concerned with the work of the Bureau of Immigration and Naturalization when incurred on the written authority of the Secretary of Labor. children’s bureau Salaries and expenses: For expenses of investigating and reporting Salaries and expenses.Investigations, etc. upon matters pertaining to the welfare of children and child life, and especially to investigate the questions of infant mortality; personal services, including experts and temporary assistants; purchase of reports and material for the publications of the Children’s Bureau and for reprints from State, city, and private publications for distri-53 Stat. 924bution when said reprints can be procured more cheaply than they can be printed by the Government, and other necessary expenses, $364,560, of which amount not to exceed $316,680 may be expended for personal services in the District of Columbia. Fair Labor Standards Act.Expenses of child labor provisions under.[52 Stat. 1060](/us/stat/52/1060).[29 U. S. C., Supp. IV, ch. 8](/us/usc/t29/8). Salaries and expenses, Child Labor Provisions, Fair Labor Standards Act: For all authorized and necessary expenses of the Children’s Bureau in performing the duties imposed upon it by the Fair Labor Standards Act of 1938, including personal services and rent in the District of Columbia and elsewhere; supplies; services; equipment; newspapers, books of reference, periodicals, and press clippings; and reimbursement to State and local agencies and their employees for services rendered, as authorized by section 11 of said Act; $312,720. maternal and child welfare Social Security Act.Maternal and child welfare, salaries and expenses.[49 Stat. 629](/us/stat/49/629).[42 U. S. C., Supp. IV, §§ 701–731](/us/usc/t42/s701–731).*Post*, p. 1320. Salaries and expenses, maternal and child welfare, Children’s Bureau: For all authorized and necessary administrative expenses of the Children’s Bureau in performing the duties imposed upon it by title V of the Social Security Act, approved August 14, 1935, including personal services, rentals, repairs, and alterations to buildings, in the District of Columbia and elsewhere; supplies; services; equipment; newspapers, books of reference, periodicals, and press clippings, $324,000. Payments under State plans. In the administration of title V of the Social Security Act for the fiscal year 1940, payments to States for any quarter of the fiscal year 1940 under parts 1, 2, and 3 may be made with respect to any State plan approved under such respective parts by the Chief of the Children’s Bureau prior to or during such quarter, but no such payment shall be made with respect to any plan for any period prior to the quarter in which such plan is submitted to the Chief of the Children’s Bureau for approval. grants to states for maternal and child health services Grants to States.Maternal and child health services.*Post*, p. 1320.[49 Stat. 629](/us/stat/49/629).[42 U. S. C., Supp. IV, §§ 701–710](/us/usc/t42/s701–710).*Post*, p. 1380.*Proviso*.Supplemental aid not included in State allotment.[49 Stat. 629, 630](/us/stat/49/629/630). Grants to States for maternal and child health services, Children’s Bureau: For grants to States for the purpose of enabling each State to extend and improve services for promoting the health of mothers and children, as authorized in title V, part 1, of the Social Security Act approved August 14, 1935 (42 U. S. C. 701), $3,800,000: *Provided*, That any allotment to a State pursuant to section 502
(b)shall not be included in computing for the purposes of subsections
(a)and
(b)of section 504 an amount expended or estimated to be expended by the State. grants to states for services for crippled children Services for crippled children.*Post*, p. 1320.[49 Stat. 631](/us/stat/49/631).[42 U. S. C., Supp. IV, §§ 711–720](/us/usc/t42/s711–720). Grants to States for services for crippled children, Children’s Bureau: For the purpose of enabling each State to extend and improve services for crippled children, as authorized in title V, part 2, of the Social Security Act, approved August 14, 1935 (42 U. S. C. 711), $2,850,000. grants to states for child-welfare services Child-welfare services.*Post*, p. 1320. Grants to States for child-welfare services, Children’s Bureau: For grants to States for the purpose of enabling the United States, through the Children’s Bureau, to cooperate with State public-welfare agencies in establishing, extending, and strengthening public-welfare services for the care of homeless or neglected children, or children in danger 53 Stat. 925 of becoming delinquent, as authorized in title V, part 3, of the Social Security Act, approved August 14, 1935 (42 U. S. C. 721), $1,500,000. [49 Stat. 633](/us/stat/49/633).[42 U. S. C., Supp. IV, § 721](/us/usc/t42/s721). The appropriation herein for traveling expenses shall be available for expenses of attendance of cooperating officials and consultants at conferences concerned with the administration of work of the Children’s Bureau under the Fair Labor Standards Act and under title V, [52 Stat. 1060](/us/stat/52/1060).[29 U. S. C., Supp. IV, ch. 8](/us/usc/t29/8).Attendance at meetings. parts 1, 2, and 3, of the Social Security Act when called by the Children’s Bureau with the written approval of the Secretary of Labor, and shall be available also, in an amount not to exceed $7,000, for expenses of attendance at meetings related to the work of the Children’s Bureau when incurred on the written authority of the Secretary of Labor. women’s bureau Salaries and expenses: For carrying out the provisions of the Act Salaries and expenses.[41 Stat. 987](/us/stat/41/987).[29 U. S. C. §§ 11–16](/us/usc/t29/s11–16). entitled “An Act to establish in the Department of Labor a bureau to be known as the Women’s Bureau”, approved June 5, 1920 (29 U. S. C. 11–16), including personal services in the District of Columbia, not to exceed $150,000; purchase of material for reports and educational exhibits, $151,230. The appropriation herein for traveling expenses shall be available Attendance at meetings. in an amount not to exceed $2,500 for expenses of attendance at meetings concerned with the work of the Women’s Bureau when incurred on the written authority of the Secretary of Labor. united states employment service Salaries: For personal services in carrying out the provisions of Salaries.[48 Stat. 113](/us/stat/48/113); [52 Stat. 1244](/us/stat/52/1244).[29 U. S. C. §§ 49–49l; Supp. IV, § 49d](/us/usc/t29/s49–49l/49d). the Act entitled “An Act to provide for the establishment of a national employment system, and for cooperation with the States in the promotion of such system, and for other purposes”, approved June 6, 1933 (29 U. S. C. 49–49l), including the Veterans’ Placement Service, the Farm Placement Service, and the District of Columbia Public Employment Center, $1,095,000, of which amount not to exceed $580,000 may be expended for personal services in the Department in the District of Columbia. Miscellaneous expenses (other than salaries): For all administrative Miscellaneous expenses.[48 Stat. 113](/us/stat/48/113); [52 Stat. 1244](/us/stat/52/1244).[29 U. S. C. §§ 49–49l; Supp. IV, § 49d](/us/usc/t29/s49–49l/49d). expenses, other than salaries, including the Veterans’ Placement Service, the Farm Placement Service, and the District of Columbia Public Employment Center, in carrying out the provisions of the Act entitled “An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes”, approved June 6, 1933 (U. S. C., title 29, secs. 49–49l); rent in the District of Columbia and elsewhere; law books, books of reference, newspapers and periodicals, supplies and equipment, telegraph and telephone service, and miscellaneous expenses, $47,640. Payments to States: For payment to the several States in accordance Payments to States.[29 U. S. C. §§ 49–49l; Supp. IV, § 49d](/us/usc/t29/s49–49l/49d).*Provisos*.Basis of apportionments, 1940.Reapportionment of unused balances.[50 Stat. 302](/us/stat/50/302). with the provisions of the said Act of June 6, 1933 (29 U. S. C. 49–49l), as amended, $3,480,000, of which not to exceed $165,000 shall be available immediately: *Provided*, That apportionments for the fiscal year 1940 shall be on the basis of a total apportionment to all States of $3,000,000: *Provided further*, That the unused balances of amounts apportioned to the several States for the fiscal year 1938 for establishing and maintaining public employment offices shall be reapportioned among all the States, in accordance with said Act of June 6, 1933, as amended, without regard to the sufficiency therefor of the fund established under this head for payment to States by the Department of Labor Appropriation Act, 1938. 53 Stat. 926 Attendance at meetings. The appropriation herein for traveling expenses shall be available in an amount not to exceed $4,000 for expenses of attendance at meetings concerned with the work of the United States Employment Service when incurred on the written authority of the Secretary of Labor. wage and hour division Salaries.*Post*, p. 1321.[52 Stat. 1060](/us/stat/52/1060).[29 U. S. C., Supp. IV, ch. 8](/us/usc/t29/8).*Post*, p. 1321. Salaries: For all personal services for the Wage and Hour Division necessary in performing the duties imposed upon it by the Fair Labor Standards Act of 1938, $2,339,000, of which amount not to exceed $1,162,170 may be expended for personal services in the District of Columbia. Miscellaneous expenses.[29 U. S. C., Supp. IV, ch. 8](/us/usc/t29/8).*Proviso*.Allotment of funds. Miscellaneous expenses (other than salaries): For all authorized and necessary expenses, other than salaries, of the Wage and Hour Division in performing the duties imposed upon it by the Fair Labor Standards Act of 1938, including rent in the District of Columbia and elsewhere, contract stenographic reporting services, purchase (not to exceed $1,250), maintenance, repair, and operation of motor-propelled passenger-carrying vehicles, law books, books of reference, periodicals, manuscripts and special reports, newspapers, and press clippings, supplies, office equipment, advertising, postage, telephone and telegraph service, reimbursement to State, Federal, and local agencies and their employees for services rendered, $207,200: *Provided*, That the Secretary of Labor may allot or transfer, with the approval of the Director of the Bureau of the Budget, funds from this appropriation to any bureau or office of the Department of Labor to enable such agency to perform services for the Wage and Hour Division. Attendance at meetings. The appropriation herein for traveling expenses shall be available in an amount not to exceed $4,750 for expenses of attendance at meetings concerned with the work of the Wage and Hour Division when incurred on the written authority of the Secretary of Labor. Sec. 2. Payment forbidden persons whose nomination rejected by Senate. No part of any appropriation contained in this Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve of the nomination of said person. Sec. 3. Citizenship requirements.*Post*, p. 1337.*Proviso*.Interpreters in Immigration and Naturalization Service. No part of any appropriation contained in this Act or authorized hereby to be expended shall be used to pay the compensation of any officer or employee of the Government of the United States, or of any agency the majority of the stock of which is owned by the Government of the United States, whose post of duty is in continental United States unless such officer or employee is a citizen of the United States or a person in the service of the United States on the date of the approval of this Act who being eligible for citizenship has filed a declaration, of intention to become a citizen or who owes allegiance to the United States: *Provided*, That this section shall not apply to the employment of interpreters in the Immigration and Naturalization Service (not to exceed ten permanent employees and such temporary employees as are required from time to time) where competent citizen interpreters are not available. Short title. This Act may be cited as the “Department of Labor Appropriation Act, 1940”. Approved, June 29, 1939. To continue in effect until June 30, 1942, the Act entitled “An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes”, approved February 22, 1935, as amended. Chapter 250 53 Stat. 927 1939-06-29 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 2024-11-24 76 1 public 53 Stat. 927 [CHAPTER 250] AN ACT To continue in effect until June 30, 1942, the Act entitled “An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes”, approved February 22, 1935, as amended. June 29, 1939[[S. 1302](/us/bill/76/s/1302)][[Public, No. 158](/us/pl/76/158)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section 13 Interstate, etc., shipment of petroleum and its products.Existing provisions continued.[49 Stat. 33](/us/stat/49/33); [50 Stat. 257](/us/stat/50/257)[15 U. S. C., Supp. IV, § 7151](/us/usc/t15/s7151).Duration of Act. of the Act entitled “An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes”, approved February 22, 1935, as amended by the Act approved June 14, 1937 (50 Stat. 257), is further amended so as to read:" “Sec. 13. This Act shall cease to be in effect on June 30, 1942.” " Approved, June 29, 1939. Making appropriations for work relief and relief, for the fiscal year ending June 30, 1940. Chapter 252 53 Stat. 927 1939-06-30 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 2024-11-24 76 1 public [CHAPTER 252] JOINT RESOLUTION Making appropriations for work relief and relief, for the fiscal year ending June 30, 1940. June 30, 1939[[H. J. Res. 326](/us/bill/76/hjres/326)][[Pub. Res., No. 24](/us/bill/76/pubres/24)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That this joint resolution Emergency Relief Appropriation Act of 1939. may be cited as the “Emergency Relief Appropriation Act of 1939”. work projects administration Section 1.
(a)In order to continue to provide work for needy Continuation of work relief and relief, appropriation for designated objects.Balances reappropriated.[52 Stat. 809](/us/stat/52/809).[15 U. S. C., Supp. IV, ch. 16 (note)](/us/usc/t15/16).*Ante*, pp. 507, 578.*Proviso*.Completion of Federal construction projects, funds available. persons on useful public projects in the United States and its Territories and possessions, there is hereby appropriated to the Work Projects Administration, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1940, $1,477,000,000, together with all balances of appropriations under subsection
(1)of section 1 of the Emergency Relief Appropriation Act of 1938, as supplemented by Public Resolution Numbered 1 and Public Resolution Numbered 10 of the Seventy-sixth Congress, which remain unobligated on June 30, 1939, including such unobligated balances of funds transferred to other agencies for non-construction projects under the provisions of section 3 of such Act of 1938, as supplemented, or set aside for specific purposes in accordance with other law: *Provided*, That notwithstanding any other provision of law, funds heretofore irrevocably set aside for the completion of Federal construction projects under authority of the Emergency Relief Appropriation Act of 1938, as amended, shall remain available until June 30, 1940, for such completion, and any such funds which remain unobligated by reason of the completion or abandonment of any such Federal construction project shall be returned to this appropriation.
(b)The funds provided in this section shall be available for
(1)Objects specified.[49 Stat. 115, 1608](/us/stat/49/115/1608); [50 Stat. 352](/us/stat/50/352); [52 Stat. 809](/us/stat/52/809).[15 U. S. C., Supp. IV, ch. 16 (note)](/us/usc/t15/16).Types of projects, subject to Executive approval.Highways, public buildings, parks, etc.Public utilities. administration;
(2)the prosecution of projects approved by the President under the provisions of the Emergency Relief Appropriation Acts of 1935, 1936, 1937, and 1938; and
(3)the prosecution of the following types of public projects, Federal and non-Federal, subject to the approval of the President, namely: Highways, roads, and streets; public buildings; parks, and other recreational facilities, including buildings therein; public utilities; electric transmission and distribution lines or systems to serve persons in rural areas, including projects sponsored by and for the benefit of nonprofit and coopera-53 Stat. 928tive Sewer systems, water supply, airports, flood control, conservation, etc.Insect, plant, and fungus pest eradication.Lime, etc., production.Educational, etc., projects.*Proviso*.Location of employment. associations; sewer systems, water supply, and purification systems; airports and other transportation facilities; flood control; drainage; irrigation; conservation, including projects sponsored by conservation districts and other bodies duly organized under State law for soil erosion control and conservation, preference being given to projects which will contribute to the rehabilitation of individuals and an increase in the national income; eradication of insect, plant, and fungus pests; the production of lime and marl for fertilizing soil for distribution to farmers under such conditions as may be determined by the sponsors of such projects under the provisions of State law; educational, professional, clerical, cultural, recreational, production, and service projects, including training for domestic service; aid to self-help and cooperative associations for the benefit of needy persons; and miscellaneous projects: *Provided, however*, That all persons employed on work projects shall, so far as practicable, be employed on projects nearest their respective homes.
(c)Limitation on use of funds for other than labor costs.Increases allowed.*Proviso*.Restriction on purchase of construction equipment, etc. The funds appropriated in this section, exclusive of those used for administrative expenses, shall be so administered that expenditure authorizations for other than labor costs for all the work projects financed from such funds in any State, Territory, possession, or the District of Columbia shall not exceed an average for the fiscal year ending June 30, 1940, of $6 per month per worker, except that the Commissioner of Work Projects (hereinafter referred to as the “Commissioner”) may authorize an increase in the average in cases where the increased cost of materials would have the effect of raising such average above $6 but in no event shall the increase in such average exceed the amount necessary to meet such increase in material costs and in no event shall such average exceed $7: *Provided*, That the funds appropriated in this section shall not be used for the purchase of any construction equipment or machinery in any case in which such equipment or machinery can be rented at prices determined by the Commissioner to be reasonable, and his determinations, made in conformity with rules and regulations prescribed by him, shall be final and conclusive.
(d)Non-Federal projects; allocation of expenses. On and after January 1, 1940, in administering the funds appropriated in this section, not to exceed three-fourths of the total cost of all non-Federal projects thereafter approved to be undertaken within any State, Territory, possession, or the District of Columbia, with respect to which any such funds are used, shall be borne by the United States, and not less than one-fourth of such total cost shall be borne by the State and its political subdivisions, or by the Territory, possession, or the District of Columbia, as the case may be. The facts constituting compliance with the requirements of this subsection shall be determined by the Commissioner, and his determinations, made in conformity with rules and regulations prescribed by him, shall be final and conclusive.
(e)Work Projects Administration, administrative expenses. The amount which may be obligated for administrative expenses of the Work Projects Administration in the District of Columbia and in the field shall not exceed in the aggregate the sum of $50,000,000 during the fiscal year 1940, of which sum the amounts so to be obligated for the following respective purposes shall not exceed these sums: Salaries, $42,500,000; communication service, $600,000; travel, $4,200,000; and printing and binding, $500,000. Statements of personnel, etc., to Congress. The Commissioner shall transmit to Congress, on the first day of each regular session thereof, a statement showing for each State the names, addresses, positions, and compensation of all employees of the Work Projects Administration whose compensation is at the rate of $1,200 per annum or more. For the purposes of this paragraph, the term “State” shall include the Territories, possessions, and the District of Columbia. 53 Stat. 929
(f)The functions heretofore vested in the Works Progress Works Progress Administration, functions transferred. Administration are authorized to be carried out until June 30, 1940, by the Work Projects Administration subject to the provisions of this joint resolution and such latter Administration is hereby extended until such date to carry out the purposes of this section.
(g)The President may detail a commissioned officer on the active Detail of Army officer as Commissioner of Work Projects.Compensation. list of the United States Army to perform the functions of the office of Commissioner of Work Projects, without loss of or prejudice to his status as such officer. Any commissioned officer so detailed shall receive, in addition to his pay and allowances as such officer, an amount sufficient to make his total compensation $10,000 per annum while he is so detailed. NATIONAL YOUTH ADMINISTRATION Sec. 2.
(a)In order to provide assistance to needy young persons, Appropriation to provide assistance to needy young persons.Balances reappropriated.Availability for designated objects. there is hereby appropriated to the National Youth Administration, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1940, $100,000,000, together with all balances of appropriations for such Administration which remain unobligated on June 30, 1939, and such amounts shall be available for
(1)administration;
(2)the prosecution of projects approved by the President for the National Youth Administration under the provisions of the Emergency Relief Appropriation Act of 1938; and
(3)to provide, subject to the approval of the President, on projects, Federal and non-Federal, of the types specified under section 1 hereof for the Work Projects 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 employment, and to enable needy young persons to continue their education at schools, colleges, and universities.
(b)The Administrator of the National Youth Administration shall Determination of monthly earnings and hours of work for youth workers; limitation. fix the monthly earnings and hours of work for youth workers engaged on work projects of such Administration financed in whole or in part from the appropriation in this section, but such determination shall not have the effect of establishing a national average labor cost per youth worker on such projects during the fiscal year 1940 substantially different from the national average labor cost per such worker on such projects prevailing at the close of the fiscal year 1939.
(c)Not to exceed 5 per centum of the amount made available in Amount for administration uses. this section may be used for administration.
(d)The National Youth Administration is hereby extended until Extension to June 30, 1940. June 30, 1940, to carry out the purposes of this section. department of agriculture Sec. 3.
(a)In order to continue to provide assistance through Rural rehabilitation and relief.Appropriation for.Balance reappropriated.[52 Stat. 810](/us/stat/52/810). rural rehabilitation and relief to needy farmers and relief to other needy persons in the United States, its Territories and possessions, there is hereby appropriated to the Department of Agriculture, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1940, $143,000,000, together with the balance of the appropriation under subsection
(3)of section 1 of the Emergency Relief Appropriation Act of 1938 which remains unobligated on June 30, 1939.
(b)The funds provided in this section shall be available for Objects designated.Administration.Farm debt adjustment service.
(1)administration (not to exceed the amount obligated for administration in the fiscal year ending June 30, 1939);
(2)farm debt adjustment service and making and servicing of loans under this 53 Stat. 930 Loans; relief.Projects approved for Farm Security Administration.[52 Stat. 810](/us/stat/52/810).Types of projects. section and prior law;
(3)loans;
(4)relief;
(5)the prosecution of projects approved by the President for the Farm Security Administration under the provisions of the Emergency Relief Appropriation Act of 1938; and
(6)the following types of useful public projects, Federal and non-Federal, subject to the approval of the President:
(a)Projects involving provision of additional water facilities,
(b)projects involving construction and operation of migratory labor camps, and
(c)projects involving land development to provide work relief for homesteaders on rural rehabilitation projects.
(c)Disability or death compensation and benefits.*Post*, p. 936. In making any relief payments under this section, the Secretary of Agriculture is authorized to require of employable recipients of such payments the performance of work on useful public projects, Federal and non-Federal, including work on private or public land in furtherance of the conservation of natural resources, and the provisions of section 24 of this joint resolution, relating to disability or death compensation and benefits, shall apply to such recipients while performing such work.
(d)Farm Security Administration extended to June 30, 1940. The Farm Security Administration within the Department of Agriculture is hereby extended until June 30, 1940, to carry out the purposes of this section. puerto rico reconstruction administration Sec. 4.
(a)Continuation of rural rehabilitation, etc.; appropriation for.Balances reappropriated.[52 Stat. 810](/us/stat/52/810); *ante*, p. 634. In order to continue rural rehabilitation for needy persons in Puerto Rico, and for other projects described in this section, there is hereby appropriated to the Puerto Rico Reconstruction Administration, Department of the Interior, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1940, $7,000,000, together with the balance of the appropriation under subsection
(4)of section 1 of the Emergency Relief Appropriation Act of 1938, as supplemented by the Second Deficiency Act, fiscal year 1939, which remains unobligated on June 30, 1939.
(b)Objects specified.Projects approved for Reconstruction Administration.[52 Stat. 810](/us/stat/52/810). The funds provided in this section shall be available for
(1)administration;
(2)loans;
(3)the prosecution of projects approved by the President for the Puerto Rico Reconstruction Administration under the provisions of the Emergency Relief Appropriation Act of 1938; and
(4)subject to the approval of the President, for projects involving rural rehabilitation of needy persons. indian service Sec. 5
(a)Continuation of relief and rural rehabilitation; appropriation for. In order to continue to provide relief and rural rehabilitation for needy Indians in the United States, there is hereby appropriated to the Bureau of Indian Affairs, Department of the Interior, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1940, $1,350,000.
(b)Objects specified.[52 Stat. 810](/us/stat/52/810). The funds provided in this section shall be available for
(1)administration, not to exceed $67,500;
(2)loans;
(3)relief;
(4)the prosecution of projects approved by the President for the Farm Security Administration for the benefit of Indians under the provisions of the Emergency Relief Appropriation Act of 1938; and
(5)subject to the approval of the President, for projects involving rural rehabilitation of needy Indians. administrative agencies Sec. 6. Administrative expenses of designated agencies; appropriation for. In order to provide for administrative expenses incidental to carrying out the purposes of this joint resolution, there is hereby appropriated to the following agencies, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1940:
(1)General Accounting Office, $5,225,000;
(2)Treasury Depart-53 Stat. 931ment:
(a)Procurement Division, Branch of Supply, $5,200,000;
(b)Division of Disbursement, $2,500,000;
(c)Office of the Treasurer, $675,000;
(d)Secret Service Division, $250,000;
(e)Office of Commissioner of Accounts and Deposits and Division of Bookkeeping and Warrants, $5,973,825, for administrative accounting; total, Treasury Department, $14,598,825;
(3)Bureau of the Budget, $26,175;
(4)Public Health Service, $300,000; and
(5)Civil Aeronautics Authority, $250,000. united states employees’ compensation commission Sec. 7.
(a)In order to carry out the provisions of section 24 hereof, Appropriation for.*Post*, p. 936.*Provisos*.Specialfund created.To become part of “Employees’ Compensation Fund, Emergency Relief."[52 Stat. 415](/us/stat/52/415).Use; geographical provision. there is hereby appropriated to the United States Employees’ Compensation Commission, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1940, $5,250,000: *Provided*, That so much of the appropriation in this section, 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 1940 for such purposes; and after June 30, 1940, 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 Offices Appropriation Act, 1939: *Provided further*, That the special fund herein authorized shall not be limited in its use to the United States, its Territories, and possessions.
(b)The funds appropriated in this section, together with the Use of funds for medical and hospital services.[52 Stat. 810](/us/stat/52/810). balance of funds heretofore appropriated or allocated to such Commission under the Emergency Relief Appropriation Act of 1938 or prior emergency relief appropriation acts, shall be available for payments to Federal agencies for medical and hospital services supplied by such departments and establishments in accordance with regulations of the Commission for injured persons entitled to benefits under section 24 hereof.
(c)Not to exceed $75,000 of the amount appropriated in this Amount available for purposes specified.*Ante*, p. 530. section shall be available during the fiscal year 1940 for the purposes specified in the appropriation for salaries and expenses of such Commission in the Independent Offices Appropriation Act, 1940. executive office of the president Sec. 8. There is hereby appropriated to the Executive Office of Functions transferred to Executive Office; appropriation for. the President, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1940, $850,000. Such sum shall be available for administrative expenses in carrying out the functions heretofore vested in the National Emergency Council and transferred to the Executive Office of the President and the functions of the Radio Division of the Federal Security Agency. Such functions are authorized to be carried out until June 30, 1940. Of the sum appropriated in this section not to exceed $20,000 may be transferred to such Radio Division. national resources planning board Sec. 9. There is hereby appropriated to the National Resources Functions heretofore vested in National Resources Committee; appropriation for. Planning Board, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1940, $750,000. Such sum shall be available for administrative expenses in carrying out the functions heretofore vested in the National Resources Committee, and such functions are authorized to be carried out until June 30, 53 Stat. 932 Composition of Board, fiscal year 1940. 1940. On and after July 1, 1939, and until June 30, 1940, said Board shall be composed of three members to be appointed by the President from widely separated sections of the United States, by and with the advice and consent of the Senate. Total appropriations, $1,755,600,000. general and special provisions Sec. 10.
(a)Apportionment and distribution of funds. Funds appropriated in this joint resolution to the various Federal agencies shall be so apportioned and distributed over the period ending June 30, 1940, and shall be so administered during such period as to constitute the total amount that will be furnished to such agencies during such period for the purposes herein set forth.
(b)Restriction on use. The funds made available by this joint resolution shall be used only for work relief or relief for persons in need except as otherwise specifically provided herein. Sec. 11.
(a)Allocation of funds to other Federal agencies for operation of designated projects.*Provisos*.Limitation on administrative expenses.Employment of nonrelief persons restricted. The Commissioner is authorized to allocate not to exceed $60,000,000 to other Federal agencies for the operation, under such rules and regulations as the Commissioner may prescribe, of projects of the type specified in subsection
(b)of section 1 which are within the scope of the functions usually carried out by such agencies, including administrative expenses of such agencies incident to such operation: *Provided*, That not to exceed 4 per centum of the total amount so allocated to any such agency shall be used for such administrative expenses: *Provided further*, That no project shall be prosecuted under any allocation under this subsection upon which the percentage of nonrelief persons employed exceeds 10 per centum of the total number of persons employed.
(b)Work forbidden unless funds for completion allocated; exceptions. No Federal construction project, except flood control and water conservation projects authorized under other law, shall be undertaken or prosecuted under the appropriations in this joint resolution unless and until there shall have been allocated and irrevocably set aside Federal funds sufficient for its completion.
(c)Non-Federal projects, requirements.Rules and regulations by head of agency. No non-Federal project shall be undertaken or prosecuted under appropriations under this joint resolution (except under section 4) unless and until the sponsor has made a written agreement to finance such part of the entire cost thereof as the head of the agency, if the agency administers sponsored projects, determines under the circumstances is an adequate contribution taking into consideration the financial ability of the sponsor. The head of the agency shall prescribe rules and regulations relating to the valuation of contributions in kind by sponsors of projects through furnishing the use of their own facilities and equipment and the services of their own employees, which shall also allow credit only to the extent that the furnishing of such contributions represents a financial burden which is undertaken by the sponsors on account of Work Projects Administration projects, or other sponsored projects. Sec. 12. Limitation on amount for construction of buildings. None of the funds made available by this joint resolution shall be expended on the construction of any building
(1)the total estimated cost of which, in the case of a Federal building, exceeds $50,000, or
(2)the portion of the total estimated cost of which payable from Federal funds, in the case of a non-Federal building, exceeds $52,000, unless the building is one
(a)for which the project has been approved by the President on or prior to July 1, 1939, or for which an issue of bonds has been approved at an election held, on or prior to such date, or
(b)for the completion of which funds have been allocated and irrevocably set aside under prior relief appropriation Acts. 53 Stat. 933 Sec. 13.
(a)The various agencies for which appropriations are Disposition of sums received from sponsors of non-Federal projects. made in this joint resolution 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 such agencies.
(b)All receipts and collections of Federal agencies by reason of Treatment of receipts and collections incident to operations. operations in consequence of appropriations made in this joint resolution, except cash contributions of sponsors of projects and amounts credited to revolving funds authorized by this joint resolution, shall be covered into the Treasury as miscellaneous receipts.
(c)Except as authorized in this joint resolution, no allocation Federal agency allocating funds to any other Federal agency. of funds shall be made to any other Federal agency from the appropriation in this joint resolution for any Federal agency. Sec. 14. Agencies receiving appropriations under this joint resolution Rules to be prescribed. are authorized to prescribe such rules and regulations as may be necessary to carry out the purposes for which such appropriations are made. Sec. 15.
(a)The Commissioner shall fix a monthly earning schedule Monthly earning schedule.Differentials, restriction.Hours of work. for persons engaged upon work projects financed in whole or in part from funds appropriated by section 1 which shall not substantially affect the current national average labor cost per person of the Work Projects Administration. After August 31, 1939, such monthly earning schedule shall not be varied for workers of the same type in different geographical areas to any greater extent than may be justified by differences in the cost of living. The Commissioner shall require that the hours of work for all persons engaged upon work projects financed in whole or in part by funds appropriated by section 1 shall
(1)be one hundred and thirty hours per month except that the Commissioner, in his discretion, may require a lesser number of hours of work per month in the case of relief workers with no dependents and the earnings of such workers shall be correspondingly reduced, and
(2)not exceed eight hours in any day and shall not exceed forty hours in any week.
(b)The Commissioner may authorize exemptions from the above Exemptions authorized. limitations of monthly earnings and hours of work to protect work already done on a project; to permit making up lost time; in the case of an emergency involving the public welfare and in the case of supervisory personnel employed on work projects. Sec. 16.
(a)In employing or retaining in employment on Work Preferences in employment. Projects Administration work projects, preference shall be determined, as far as practicable, on the basis of relative needs and shall, where the relative needs are found to be the same, 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; and
(2)other American citizens, Indians and other persons owing allegiance to the United States who are in need.
(b)There shall be removed from employment on Work Projects Removal provisions, relief workers continuously employed for more than 18 months; exception. Administration projects all relief workers, excepting veterans, who have been continuously employed on such projects for more than eighteen months, and any relief worker so removed shall be ineligible to be restored to employment on such projects until after
(a)the expiration of thirty days after the date of his removal, and
(b)recertification of his eligibility for restoration to employment on such projects. In the case of relief workers whose period of eighteen 53 Stat. 934 months of continuous employment expires before September 1, 1939, this section shall apply to require their removal not later than August 31, 1939, rather than on such expiration date.
(c)Qualifications for employment. In considering employment of persons upon work projects prosecuted under the appropriations contained in this joint resolution, the agency providing the employment shall determine whether such persons are able to perform the work on work projects to which they can be assigned and no person shall be employed or retained for employment on any such project whose work habits are such or work record shows that he is incapable of performing satisfactorily the work to which he may be assigned on the project.
(d)Uncertified relief workers, employment restriction. There shall be removed from employment on Work Projects Administration projects all relief workers whose needs for employment have not been certified by, and, except as provided in section 17 (b), no relief worker shall be employed on such projects until after his need for employment has been certified by
(a)a local public certifying agency or
(b)the Work Projects Administration where no such agency exists or where the Work Projects Administration certifies by reason of its refusal to accept certification by local public agencies.
(e)Aliens, employment restriction. No alien shall be given employment or continued in employment on any work project prosecuted under the appropriations contained in this joint resolution and no part of the money appropriated in this joint resolution shall be available to pay any person who has not made or who does not make affidavit as to United States citizenship, such affidavit to be considered prima facie evidence of such citizenship.
(f)Periodic investigations of relief rolls; eliminations. The Commissioner shall cause a periodic investigation to be made of the rolls of relief employees on work projects, and shall eliminate from the rolls those not in actual need, such investigation to be made so that each case is investigated not less frequently than once every six months. Sec. 17.
(a)Refusal of private employment offer. No person in need who refuses a bona fide offer of private employment under reasonable working conditions which pays the prevailing wage for such work in the community where he resides and who is capable of performing such work shall be employed or retained in employment on work projects under the funds appropriated in this joint resolution for the period such private employment would be available.
(b)Restoration of employment status after private employment. Any person who takes such private employment shall at the expiration thereof be entitled to immediate resumption of his previous employment status with the Work Projects Administration if he is still in need and if he has lost the private employment through no fault of his own, and if he has first drawn all the benefits of unemployment compensation that shall have accrued to him during his term in private employment and which are available to him.
(c)Provisions for avoiding certain competition.*Proviso*.Exception. In order to insure the fulfillment of the purposes for which such appropriations are made and to avoid competition between the Work Projects Administration and other Federal or non-Federal agencies in the employment of labor on projects of any nature whatsoever, financed in whole or in part by the Federal Government, no person in need shall be eligible for employment on any work project of the Work Projects Administration who has refused to accept employment on any other Federal or non-Federal project at earnings comparable with or higher than the earnings established for similar work on work projects of the Work Projects Administration: *Provided further*, That any person in need who has been engaged on any Federal or non-Federal project and whose service has been 53 Stat. 935 regularly terminated through no fault of his own shall not lose his eligibility for reemployment on any other Federal or non-Federal work project on account of such previous employment. Sec. 18.
(a)No person shall be employed or retained in employment Oath of office. in any administrative position, or in any supervisory position on any project, under the appropriations in this joint resolution unless such person before engaging in such employment (or prior to August 1, 1939, in the case of any person employed before such date who has not taken an oath of office) subscribes to the following oath:" “I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office (or employment) on which I am about to enter (or which I now occupy). So help me God.” " The head of the agency shall designate administrative and supervisory Designation of employee to administer. employees to administer such oath, but no fee shall be charged therefor.
(b)No portion of the appropriation made under this joint resolution Denial of compensation to any person advocating, etc., overthrow of U. S. Government. shall be used to pay any compensation after September 30, 1939, to any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States through force or violence. Sec. 19. In carrying out the purpose of the appropriations in this Establishment of revolving funds for materials, supplies, etc. joint resolution, the Secretary of the Treasury with the approval of the Director of the Bureau of the Budget, is authorized to prescribe rules and regulations for the establishment of special funds for any agency receiving an appropriation under this joint resolution, in the nature of revolving funds for use, until June 30, 1940, in the purchase, repair, distribution, or rental of materials, supplies, equipment, and tools. Sec. 20. The provision of section 3709 of the Revised Statutes (41 Minor purchases.[R. S. § 3709](/us/bill/76/rs/3709).[41 U. S. C. § 5](/us/usc/t41/s5). U. S. C. 5) shall not apply to any purchase made or service procured in connection with the appropriations in this joint resolution when the aggregate amount involved is less than $300. Sec. 21. The appropriations in this joint resolution for administrative Administrative expenses, etc. expenses and such portions of other appropriations in this joint resolution as are available for administrative expenses may be obligated in the amounts which the agency, with the approval of the Director of the Bureau of the Budget, shall have certified to the Secretary of the Treasury as necessary for personal services, in the District of Columbia and elsewhere, and for contract stenographic reporting services, supplies and equipment; purchase and exchange of lawbooks, books of reference, directories, and periodicals, newspapers and press clippings; travel expenses, including expenses of attendance at meetings of officials and employees of the agency on official business; rental at the seat of government and elsewhere; purchase, operation, and maintenance of motor-propelled passenger-carrying vehicles; printing and binding and such other expenses as may be necessary for the accomplishment of the objectives of this joint resolution. Sec. 22.
(a)The provisions of Executive Order Numbered 7916, Executive Order No. 7916, provisions inapplicable to positions hereunder. dated June 24, 1938, shall not apply to positions the compensation of which is payable from appropriations contained in this joint resolution, and such appropriations shall not be available for the compensation of the incumbent of any position placed in the competitive classified civil service of the United States after January 10, 1939.
(b)In carrying out the purposes of this joint resolution the agencies Acceptance of uncompensated services. receiving appropriations herein or allocations under such appropria-53 Stat. 936tions are authorized to accept and utilize such voluntary and uncompensated Personal services; appointments without regard to civil-service or classification laws.[5 U. S. C. §§ 661–674; Supp. IV, §§ 673, 673c](/us/usc/t5/s661–674/673/673c). services, appoint, without regard to civil-service laws, such officers and employees, and utilize, with the consent of the head of the Federal agency by which they are employed, such Federal officers and employees, and with the consent of the State such State and local officers and employees at such compensation as shall be determined by the head of the agency involved, as may be necessary, and prescribe their authorities, duties, responsibilities, and tenure, and, without regard to the Classification Act of 1923, as amended, to fix the compensation of any officers and employees so appointed.
(c)Federal administrative, etc., positions in States; appointments. Appointments to Federal positions of an administrative or advisory capacity under the appropriations in this joint resolution in any State shall be made from among the bona fide citizens of that State so far as not inconsistent with efficient administration. Sec. 23. Separations; retention of appointees according to State population.*Proviso*.Soldiers, sailors, etc., preferential status. In making separations from the Federal service, or furloughs without pay to last as long as three months, of persons employed within the District of Columbia, under the provisions of this joint 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 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. 24. Disability or death compensation and benefits.[48 Stat. 351](/us/stat/48/351).[5 U. S. C. § 796](/us/usc/t5/s796).Employees excepted.*Ante*, p. 931.*Proviso*.Cases within purview of State, etc., workmen’s compensation laws. 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 joint resolution 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 law of any State, Territory, or possession, or in which the claimant has received or is entitled to receive similar benefits for injury or death. Sec. 25. Projects excluded. None of the funds made available by this joint resolution shall be available—
(a)Theater project operation after June 30, 1939; exception. After June 30, 1939, for the operation of any theater project, except that any person employed on any such project on June 30, 1939, may continue to be carried on the pay roll, with or without assignment of duty incidental to the closing down of such project, and paid his salary or wage
(1)for the month of July 1939, if such person is an administrative, supervisory, or other noncertified worker, or
(2)for a period ending not later than September 30, 1939, if such person is a certified relief worker; or
(b)Projects sponsored solely by Work Projects Administration, after August 31, 1939. After August 31, 1939, for the operation of any project sponsored solely by the Work Projects Administration. Payment of accrued wages, etc., during periods designated. This section shall not prohibit the payment of wages or salaries accrued, or of nonlabor obligations incurred, in connection with any such project if the wages or salaries accrued or the obligation was incurred prior to August 1, 1939, October 1, 1939, or September 1, 1939, as the case may be. Sec. 26. Settlement of private damage claims.*Ante*, pp. 927, 929. The Commissioner and the National Youth Administrator are authorized to consider, ascertain, adjust, determine, and pay from the appropriation in section 1 or section 2 hereof any claim arising out of operations thereunder accruing after the effective date of this joint resolution on account of damage to or loss of privately owned property caused by the negligence of any employee of the Work Projects Administration or the National Youth Administration, as the case 53 Stat. 937 may be, while acting within the scope of his employment. No claim Limitation on amount; conditions. shall be considered hereunder which is in excess of $500, or which is not presented 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. 27. The Commissioner is authorized to call to the attention of State, etc., cooperation in meeting unemployment problem. the city, county, and State governments the unemployment situation of that city, county, or State, and to seek the cooperation of the State or any subdivision thereof in meeting the unemployment problem. Sec. 28. Any person who knowingly and with intent to defraud the False statements with intent to defraud, etc.Race, etc., discrimination.[49 Stat. 115, 1608](/us/stat/49/115/1608); [50 Stat. 352](/us/stat/50/352); [52 Stat. 809](/us/stat/52/809).[15 U. S. C., Supp. IV, ch. 16 (note)](/us/usc/t15/16).Penalty.Provisions deemed additional to existing law, etc. United States makes any false statement in connection with any application for any work project, employment, or relief aid under the appropriations in this joint resolution, or diverts, or attempts to divert or assists in diverting, for the benefit of any person or persons not entitled thereto, any portion of such appropriations, 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 appropriations, or attempts so to do, or assists in so doing, or who disposes of, or assists in disposing of, except for the account of the United States, any property upon which there exists a lien securing a loan made under the provisions of this joint resolution or the Emergency Relief Appropriation Acts of 1935, 1936, 1937, and 1938, shall be deemed guilty of a felony and fined not more than $2,000 or imprisoned not more than two years, or both. The provisions of this section shall be in addition to, and not in substitution for, any other provisions of existing law, or of this joint resolution. Sec. 29.
(a)It shall be unlawful for any person knowingly to Solicitation of contributions for campaign expenses. solicit, or knowingly be in any manner concerned in soliciting, any assessment, subscription, or contribution for the campaign expenses of any individual or political party from any person receiving compensation or employment provided for by this joint resolution.
(b)Any person who knowingly violates any provision of this Penalty.Provisions deemed additional to existing law, etc. section shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The provisions of this section shall be in addition to, and not in substitution for, any other provisions of existing law, or of this joint resolution. Sec. 30.
(a)It shall be unlawful for any person, directly or indirectly, Promise of benefit as reward. to promise any employment, position, work, compensation, or other benefit, provided for or made possible by this joint resolution, or any other Act of the Congress, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate in any election or any political party.
(b)Except as may be required by the provisions of subsection
(b)Deprivation of work for causes designated. of section 31 hereof, it shall be unlawful for any person to deprive, attempt to deprive, or threaten to deprive, by any means, any person of any employment, position, work, compensation, or other benefit, provided for or made possible by this joint resolution, on account of race, creed, color, or any political activity, support of, or opposition to any candidate or any political party in any election.
(c)Any person who knowingly violates any provision of this Penalty.Provisions deemed additional to existing law, etc. section shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The provisions of this section shall be in addition to, and not in substitution for, any other provisions of existing law, or of this joint resolution. 53 Stat. 938 Sec. 31.
(a)Use of administrative authority to interfere with an election, etc.Active participation in political campaigns, etc. It shall be unlawful for any person employed in any administrative or supervisory capacity by any agency of the Federal Government, whose compensation or any part thereof is paid from funds authorized or appropriated by this joint resolution, to use his official authority or influence for the purpose of interfering with an election or affecting the results thereof. While such persons shall retain the right to vote as they please and to express privately their opinions on all political subjects, they shall take no active part, directly or indirectly, in political management or in political campaigns or in political conventions.
(b)Penalty.Provisions deemed additional to existing law, etc. Any person violating the provisions of this section shall be immediately removed from the position or office held by him, and thereafter no part of the funds appropriated by this joint resolution shall be used to pay the compensation of such person. The provisions of this section shall be in addition to, and not in substitution for, any other provisions of existing law, or of this joint resolution. Sec. 32. Candidate for State, etc., office or campaign manager, pay restriction. No part of any appropriation in this joint resolution shall be used to 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. 33. Report of operations to Congress.[52 Stat. 809](/us/stat/52/809); *ante*, pp. 507, 578.*Proviso*.Existing requirement superseded.[52 Stat. 815](/us/stat/52/815); *ante*, p. 509. Reports of the operations under the appropriations in this joint resolution and the appropriations contained in the Emergency Relief Appropriation Act of 1938, as supplemented by Public Resolution Numbered 1 and Public Resolution Numbered 10 of the Seventy-sixth Congress, including a statement of the expenditures made and obligations incurred by classes of projects and amounts, shall be submitted to Congress by the President on or before the 15th of January in each of the next two regular sessions of Congress: *Provided*, That such reports shall be in lieu of the report required by section 21 of said Act of 1938 as amended by said Public Resolution Numbered 1. Sec. 34. Use of funds for designated purposes prohibited.Exceptions. No funds appropriated in this joint resolution, whether administered by the Federal Government or by the States or local governmental agencies from funds contributed in whole or in part by the Federal Government, shall be used by any Federal, State, or other agency to purchase, establish, relocate, or expand mills, factories, or plants which would manufacture or produce for sale articles, commodities, or products (other than those derived from the first processing of sweetpotatoes) in competition with existing industries. This section shall not apply to municipal electric plants in communities not now adequately served at reasonable rates. Sec. 35. Funds not to be used for designated naval or military purposes. None of the funds appropriated by this joint resolution shall be used for the manufacture, purchase, or construction of any naval vessel, any armament, munitions, or implement of war, for military or naval forces, and no funds herein appropriated or authorized shall be diverted or allocated to any other department or bureau for such purpose. Sec. 36. Restriction on construction, etc., of penal institutions.Exception. No part of the funds made available in this joint resolution 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 loan or grant will not cause or promote competition of the products of convict labor with the products of free labor. 53 Stat. 939 Sec. 37. In expending appropriations or portions of appropriations, Personal services.Salaries limited to average rates under Classification Act.[42 Stat. 1488](/us/stat/42/1488).[5 U. S. C. §§ 661–674; Supp. IV, §§ 673, 673c](/us/usc/t5/s661–674/673/673c).If only one position in grade.*Proviso*.Restriction not applicable to clerical-mechanical service.No reduction in fixed salaries.[42 Stat. 1490](/us/stat/42/1490).[5 U. S. C. § 666](/us/usc/t5/s666).Transfer without reduction.Higher rates permitted.If only one position in a grade. contained in this joint resolution, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, the average of the salaries of the total number of persons under any grade in any appropriation unit herein shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended, and in grades in which only one position is allocated the salary of such position shall not exceed the average of the compensation rates for the grade: *Provided*, That this restriction shall not apply
(1)to grades 1, 2, 3, and 4 of the clerical-mechanical service, or
(2)to require the reduction in salary of any person whose compensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, or
(3)to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, or
(4)to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or
(5)to reduce the compensation of any person in a grade in which only one position is allocated. Sec. 38. Any Administrator or other officer named to have general Federal, State, or regional administrators; appointment provisions.*Proviso*.Recess appointees; salary status.[R. S. § 1761](/us/bill/76/rs/1761).[5 U. S. C. § 56](/us/usc/t5/s56). supervision at the seat of government over the program and work contemplated under the appropriations contained in this joint resolution and receiving a salary of $5,000 or more per annum from such appropriations, and any State or regional administrator receiving a salary of $5,000 or more per annum from such appropriations (except persons now serving as such under other law) shall be appointed by the President, by and with the advice and consent of the Senate: *Provided*, That the provisions of section 1761 of the Revised Statutes shall not apply to any such appointee and the salary of any person so appointed shall not be increased for a period of six months after confirmation. Approved, June 30, 1939. Making appropriations for the Department of Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1940, and for other purposes. Chapter 253 53 Stat. 939 1939-06-30 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 2024-11-24 76 1 public [CHAPTER 253] AN ACT Making appropriations for the Department of Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1940, and for other purposes. June 30, 1939[[H. R. 5269](/us/bill/76/hr/5269)][
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Traces to 19 documents
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- /statutes-at-large/vol-53/public-law-158Public Law 158
- to provide a government for the Territory of Hawaii,” approved April 30, 1900Chapter 620
- /statutes-at-large/vol-52/public-law-672Public Law 672
- /statutes-at-large/vol-46/chapter-368-6323179Chapter 368
- /statutes-at-large/vol-41/chapter-7Chapter 7
- /statutes-at-large/vol-41/chapter-249Chapter 249
- /statutes-at-large/vol-49/public-law-55Public Law 55
- /statutes-at-large/vol-52/public-law-782Public Law 782
- to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes”, approved February 22, 1935, is amended by striking out “June 16, 1937” and inserting in liPublic Law 146
- to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes”, approved February 22, 1935. 1937-06-14 335 Chapter 50 Stat. 257 75 1 United States GovernmPublic Law 145
- /statutes-at-large/vol-52/public-law-687Public Law 687
- making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the Civil Works program, and for other purposes”, approved February 15, 1934, notwithstanding the lapse of more *Proviso.* No prior benefits. than one year in filing such claPrivate Law 130
- /statutes-at-large/vol-52/public-law-459Public Law 459
- /statutes-at-large/vol-53/private-law-246Private Law 246
41 references not yet in our index
- 5 USC 661–674
- 5 USC 666
- 37 Stat. 738
- 5 USC 619
- 49 Stat. 587
- 53 Stat. 922
- 5 USC 118a
- 41 USC 38
- 8 USC 109a
- 39 Stat. 893
- 8 USC 109
- 8 USC 109a–109b
- 53 Stat. 923
- 52 Stat. 1060
- 49 Stat. 629
- 49 Stat. 631
- 53 Stat. 925
- 42 USC 721
- 49 Stat. 633
- 29 USC 11–16
- 29 USC 49–49l
- 50 Stat. 302
- 53 Stat. 926
- 53 Stat. 927
- 49 Stat. 115
- 50 Stat. 352
- 53 Stat. 929
- 52 Stat. 810
- 53 Stat. 930
- 52 Stat. 415
- 53 Stat. 932
- 53 Stat. 933
- 53 Stat. 934
- 53 Stat. 935
- EO 7916
- 5 USC 796
- 53 Stat. 937
- 53 Stat. 938
- 52 Stat. 815
- 53 Stat. 939
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