Public Law 263.

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(/us/pl/76/262)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * New Mexico. That the grantAcceptance of grant of perpetual easement with respect to certain lands in. of a perpetual easement to the United States Government and the Works Progress Administration pursuant to an instrument dated November 15, 1935, and recorded on December 22, 1936, for the construction and maintenance of a dam and reservoir in Bear Canyon, on the Mimbres River, in Grant County, New Mexico, located in 53 Stat. 1199 sections 28 and 29, township 16 south, range 11 west, New Mexico principal meridian, be, and the same hereby is, accepted.

Sec. 2. The Commissioner of Work Projects is hereby authorizedAcquisition of other lands. and directed to acquire by purchase, condemnation, or otherwise, such other lands and interests in land as he may deem necessary for use in connection with the maintenance of said dam and reservoir and to carry out the purposes of this Act. Sec. 3. For the purpose of carrying out the provisions of section 2Use of funds authorized. of this Act, the Commissioner of Work Projects is hereby authorized to use funds heretofore or hereafter appropriated to, or for, the Work Projects Administration.

Approved, August 4, 1939. To provide for the adjudication by a Commissioner of claims of American nationals against the Government of the Union of Soviet Socialist Republics. 53 Stat. 1199 421 Chapter August 4, 1939 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 421] JOINT RESOLUTION To provide for the adjudication by a Commissioner of claims of American nationals against the Government of the Union of Soviet Socialist Republics.

August 4, 1939[[H. J. Res. 315](/us/bill/76/hjres/315)][[Pub. Res., No. 36](/us/bill/76/pubres/36)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, * Union of Soviet Socialist Republics. That the President be, and he is hereby, authorized to appoint a Commissioner learned in theAdjudication of claims against Government of. law to determine the validity and amounts of the claims of American nationals against the Government of the Union of Soviet SocialistAppointment of Commissioner.

Republics and to fill any vacancy in the same manner that the original appointment was made. Sec. 2. The salary of the Commissioner shall be at the rate ofCommissioner’s salary; secretary and other assistants. $9,000 a year. He shall have a secretary and such additional legal, clerical, and other assistants as may be approved and appointed by the Secretary of State, and at such rates of compensation as may be fixed by him within the limits of appropriated funds. Such persons may be appointed without reference to civil-service laws and rules[5 U. S. C. §§ 661–674;

Supp. IV, §§ 673, 673c](/us/usc/t5/s661–674/673/673c). or the Classification Act of 1923, as amended. Sec. 3. The Commissioner shall be allowed the necessary actualExpense allowances. expenses of office rent, furniture, stationery, books, printing, travel expenses when on official business outside the city of Washington, and other incidental expenses which he may certify as necessary and which shall be approved by the Secretary of State. Sec. 4. Before entering upon his duties the Commissioner shallOath of office. take a solemn oath faithfully and impartially to examine the claims and to give his decisions in accordance with his best judgment and such principles of law as may be applicable.

The decisions of theDecisions. Commissioner shall be in writing, and shall be final and conclusive as to the merits of all cases decided. No claim within the Commissioner’sTime limitation for filing claims. jurisdiction which shall not have been presented to him within twelve months from the date he enters upon the duties of his office shall be considered by him. Sec. 5.

(a)The Commissioner shall perform his duties in the cityLocation of office, method of procedure, etc. of Washington beginning within a period of fifteen days from the date of his appointment. He shall as soon as practicable make all necessary rules and regulations not inconsistent with this resolution or the laws of the United States, governing the method of procedure before him in carrying into effect the provisions of this resolution.

(b)For the purpose of any investigation which, in the opinion ofAdministration of oaths. the Commissioner, is necessary for carrying out the provisions of this Act, he is empowered to administer oaths and affirmations, subpena witnesses, take evidence, and require the production of books, papers, or other documents which he considers relevant to any case within his jurisdiction. Any person knowingly and willfully swearing orPerjury. affirming falsely in any such proceedings shall be deemed guilty of 53 Stat. 1200 perjury and shall, upon conviction, suffer the punishment provided by the laws of the United States for that offense when committed in its courts of justice.

(c)The attendance of witnesses and the production of documentaryAttendance of witnesses and production of documentary evidence. evidence may be required from any place in the United States atEnforcement. any designated place of hearing. Any failure to attend as a witness or to testify as a witness or to produce documentary evidence in an appropriate case may be regarded as a contempt of the authority of the Commissioner and shall be punishable in any court of the United States in the same manner as is provided by the laws of the United States for that offense when committed in its courts of justice. Sec. 6. The work of the Commissioner shall be completed withinCompletion within two years. two years from the date on which he undertakes the performance of his duties, at which time the authority vested in him by this resolution shall terminate. Sec. 7. The Commissioner shall upon the completion of his workReport. submit a written report to the Secretary of State. This report shall include a statement of the expenses of the Commissioner, a list of all claims presented to him, and his decision in each case. Sec. 8. When the work of the Commissioner is terminated, theTransfer of records, etc., to Secretary of State upon termination of work. records, books, documents, and all property of the United States, in the possession of the Commissioner or his staff, shall be turned over to the Secretary of State. Sec. 9. Appropriations are hereby authorized for the purpose ofAppropriation authorized. carrying into effect the provisions of this resolution, not exceeding $25,000 in any year. Sec. 10. Any and all expenditures made in carrying out thisAdministrative expenses a first charge on moneys received. resolution shall be a first charge on any moneys which have been received, or may hereafter be received, in settlement of the claims described in section 1. Approved, August 4, 1939. To amend further the Civil Service Retirement Act, approved May 29, 1930. 53 Stat. 1200 426 Chapter August 4, 1939 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 426] AN ACT To amend further the Civil Service Retirement Act, approved May 29, 1930. August 4, 1939[[S. 281](/us/bill/76/s/281)][[Public, No. 263](/us/pl/76/263)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Civil Service Retirement Act, amendments.[46 Stat. 471](/us/stat/46/471).[5 U. S. C. § 693; Supp. IV, § 693](/us/usc/t5/s693). That section 3 of the Act of May 29, 1930, as amended, is amended by striking out all of that portion thereof beginning with paragraph

(g)and continuing to the end of the section and inserting in lieu thereof the following: " “(g) This Act shall not apply to such employees of the LighthouseExclusions. Lighthouse Service employees. Service as come within the provisions of section 6 of the Act of June[40 Stat. 608](/us/stat/40/608). [33 U. S. C. § 763](/us/usc/t33/s763). 20, 1918, entitled ‘An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes’, nor to members of the police and fire departments of the municipal governmentPolice and fire departments, D. C. of the District of Columbia, nor to such employees or groupsEmployees excluded by Executive orders of employees as may have been before the effective date of this Act excluded by Executive orders from the benefits of the Act of May 22, 1920, and amendments thereof. “(h) The provisions of this Act may be extended by ExecutiveExtension of provisions by Executive order. order, upon recommendation of the Civil Service Commission, to apply to any employee or group of employees in the civil service of the United States not included at the time of its passage. The PresidentDiscretionary exclusion if tenure intermittent, etc. shall have power, in his discretion, to exclude from the operation of this Act any employee or group of employees in the civil service whose tenure of office or employment is intermittent or of uncertain duration. 53 Stat. 1201 “(i) Any officer or employee to whom the Act of July 13, 1937Extension to certain personnel of legislative and judicial branches. (Public, Numbered 206, Seventy-fifth Congress, first session), applies who has failed to exercise the option provided thereby to come within[50 Stat. 512](/us/stat/50/512); [52 Stat. 1197](/us/stat/52/1197). the terms of the Retirement Act of May 29, 1930, as amended, may[5 U.S.C., Supp. IV, §§ 693b–d, 698b, 715d, 719a](/us/usc/t5/s693b–d/698b/715d/719a). exercise such option within six months from the effective date of this Act.” " Sec. 2. Strike out all of section 4 of the Act of May 29, 1930, asSection amended. [46 Stat. 471](/us/stat/46/471). [5 U. S. C. § 698](/us/usc/t5/s698). amended, and insert in lieu thereof the following, so that this section shall read: " “(a) The annuity of an employee retired under the provisions ofAnnuity, computation, etc. the preceding sections of this Act shall be a life annuity, terminable upon the death of the annuitant and shall be composed of

(1)a sum equal to $30 for each year of service not exceeding thirty: *Provided* *Proviso.* Basic portion limited to three-fourths of annual salary, etc. That such portion of the annuity shall not exceed three-fourths of the average annual basic salary, pay, or compensation received by the employee during any five consecutive years of allowable service at the option of the employee; nor shall such portion be less than an amount equal to the employee’s purchasable annuity as provided in

(2)hereof; and

(2)the amount of annuity purchasable with theAnnuity purchaseable with sum to credit of employee’s individual account. Interest. sum to the credit of the employee’s individual account as provided in section 12

(a)hereof, together with interest at 4 per centum per annum compounded on June 30 of each year, according to the experience of the civil-service retirement and disability fund as may from time to time be set forth in tables of annuity values by the Board of Actuaries. “(b) The total annuity paid shall in no case be less than an amountMinimum total annuity. equal to the average annual basic salary, pay, or compensation, not to exceed $1,600 per annum, received by the employee during any five consecutive years of allowable service at the option of the employee, multiplied by the number of years of service, not exceeding thirty years, and divided by forty. “(c) Any employee at the time of his retirement may elect toIncreased annuity at employee’s option. receive, in lieu of the life annuity herein described, an increased annuity of equivalent value which shall carry with it a proviso that no unexpended part of the principal upon the annuitant’s death shall be returned. “(d) Any employee retiring under the provisions of section 1 ofRetirement on reduced annuity with annuity after death for designated beneficiary. this Act may at the time of his retirement elect to receive in lieu of the life annuity described herein a reduced annuity payable to him during his life, and an annuity after his death payable to his beneficiary, duly designated in writing and filed with the Civil Service Commission at the time of his retirement, during the life of such beneficiary

(a)equal to or

(b)50 per centum of such reduced annuity and upon the death of such surviving beneficiary all payments shall cease and no further annuity shall be due or payable. The amounts of the two annuities shall be such that their combined actuarial value on the date of retirement as determined by the Civil Service Commission shall be the same as the actuarial value of the single life increased annuity with forfeiture provided by this section: *Provided*,*Proviso.* If employee dies within 30 days after retirement. That no election in lieu of the life annuity provided herein shall become effective in case an employee dies within thirty days after the effective date of retirement, and in the event of such death within this period, such death shall be considered as a death in active service. “(e) For the purpose of this Act all periods of service shall beComputation of periods of service. computed in accordance with section 5 hereof, and the annuity shall be fixed at the nearest multiple of twelve. 53 Stat. 1202 “(f) The term ‘basic salary, pay, or compensation,’ wherever usedExclusion of bonuses, etc., from “basic salary, pay, or compensation.” in this Act, shall be so construed as to exclude from the operation of the Act all bonuses, allowances, overtime pay, or salary, pay, or compensation given in addition to the base pay of the position as fixed by law or regulation.” " Sec. 3. Section 6 of the Act of May 29, 1930, as amended, is hereby[46 Stat. 472](/us/stat/46/472). [5 U. S. C. § 710; Supp. IV, § 710](/us/usc/t5/s710). amended as follows: " “(a) At the end of the first paragraph add the following: ‘TheMentally incompetent employees. time limitation for execution of claims for retirement under the termsTime limitation for execution of claims for retirement. of this section may be waived by the Civil Service Commission in cases of employees who at the date of separation from service or within six months thereafter, are adjudged mentally incompetent, but the application in such cases must be filed with the Civil Service Commission within one year from the date of restoration of any such person to competency or the appointment of a fiduciary whichever is the earlier. In the case of any such person heretofore separated fromApplications of such persons heretofore separated from service, time for filing. service application may be filed within one year after the effective date of this Act.’ “(b) The second paragraph of section 6 of such Act of May 29,[46 Stat. 473](/us/stat/46/473). [5 U. S. C. § 711; Supp. IV, § 711](/us/usc/t5/s711). 1930, as amended, is amended by striking out the words ‘ninety daysMedical examination requirements. from the date of the medical examination showing such recovery’ and inserting in lieu thereof the following: ‘one year from the date of the medical examination showing such recovery’.” " Sec. 4. The following paragraph shall be inserted after the first[46 Stat. 475](/us/stat/46/475). [5 U. S. C. § 719](/us/usc/t5/s719). paragraph of section 10 of the Act of May 29, 1930, as amended: " “Any employee may at his option and under such regulations asDeposit of sums additional to prescribed contributions for purchase of additional annuity. may be prescribed by the Civil Service Commission deposit additional sums in multiples of $25 but not to exceed 10 per centum per annum of his annual basic salary, pay, or compensation, for service rendered since August 1, 1920, which amount together with interest thereon at 3 per centum per annum compounded as of June 30 of each year, shall, at the date of his retirement, be available to purchase, as he shall elect and in accordance with such rules and regulations as may be prescribed by the Civil Service Commission with the approval of the Board of Actuaries, in addition to the annuity provided by this Act, an annuity according to the experience of the civil-service retirement and disability fund as may from time to time be set forth in tables of annuity values by the Board of Actuaries based on an interest rate of 4 per centum. In the event of death or separation fromRefund provisions. the service of such employee before becoming eligible for retirement on annuity, the total amount so deposited with interest at 3 per centum per annum compounded on June 30 of each year shall be refunded in accordance with the provisions of section 12 of this Act.” " Sec. 5. This Act shall take effect January 1, 1940.Effective date. Approved, August 4, 1939. To authorize the Commissioner of Internal Revenue to make certain allowances for losses by leakage and evaporation upon withdrawal of packages of brandy or fruit spirits under certain conditions. 53 Stat. 1202 Chapter 427 1939-08-04 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 427] AN ACT To authorize the Commissioner of Internal Revenue to make certain allowances for losses by leakage and evaporation upon withdrawal of packages of brandy or fruit spirits under certain conditions. August 4, 1939[[H. R. 6268](/us/bill/76/hr/6268)][

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