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Code · STATUTES-AT-LARGE · Vol. 53 STAT. · August 7, 1939 · Public Law 323

Public Law 323.

2,469 words·~11 min read·/statutes-at-large/vol-53/public-law-323·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/76/322)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Brien McMahon.Restrictions respecting certain counsel waived in favor of. That the employment of Brien McMahon as an attorney or counselor specially employed, retained, or appointed by the Attorney General or under authority of the Department of Justice, at a compensation not to exceed the rate of $10,000 per annum, to assist in the conduct of the case of United States against Mary Helen Corporation and others, in the eastern district of Kentucky, and the case of Société Suisse pour Valeurs de Metaux, petitioner, against Homer S.
Cummings, Attorney General of the United States, and William A. Julian, Treasurer of the United States, in the District of Columbia, including all proceedings therein and any other case or proceeding, appellate or otherwise, that may arise out of or pertain to the matters or any of them involved in the said cases, shall not be construed to be employment [35 Stat. 1107, 1109](/us/stat/35/1107/1109).[18 U. S. C. §§ 198, 203](/us/usc/t18/s198/203).[R. S. § 190](/us/rs/s190).[5 U. S. C. § 99](/us/usc/t5/s99).within the meaning of sections 109 and 113 of the Criminal Code of the United States, as amended (U.
S. C., title 18, secs. 198 and 203), or section 190 of the Revised Statutes of the United States (U. S. C., title 5, sec. 99). Approved, August 7, 1939. Authorizing and requesting the President to accept the invitation of the Government of Norway to the Government of the United States to participate in an International Exhibition of Polar Exploration, which will be held at Bergen, Norway, in 1940; and authorizing an appropriation to cover the expenses of such participation. 1939-08-07 548 Chapter 53 Stat. 1249 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. 1249 [CHAPTER 548] JOINT RESOLUTION Authorizing and requesting the President to accept the invitation of the Government of Norway to the Government of the United States to participate in an International Exhibition of Polar Exploration, which will be held at Bergen, Norway, in 1940; and authorizing an appropriation to cover the expenses of such participation. August 7, 1939[[S. J. Res. 137](href=/us/bill/76/sjres/137)][[Pub.
Res., No. 43](/us/bill/76/pubres/43)] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,* That the President isInternational Exhibition of Polar Exploration, Bergen, Norway, in 1940.Acceptance of invitation to participate, authorized. hereby authorized and requested to accept the invitation extended by the Government of Norway to the Government of the United States to participate in an International Exhibition of Polar Exploration, which is to be held at Bergen, Norway, in 1940.
Sec. 2. The President is authorized to appoint a commissioner toAppointment or designation of commissioner to represent United States. represent the United States at the exhibition, who will serve in this capacity without compensation; or the President is authorized to designate, upon the nomination of the Secretary of State, a permanent Government official as commissioner to represent the United States at the exhibition, who will serve in this capacity without additional compensation.
The expenses of the commissioner and suchExpenses. staff as he may need to assist him will be met out of funds provided for the purposes of Government participation in the exhibition. TheDuties to be prescribed by Secretary of State.Cooperation of Government departments. duties of the commissioner and his assistants shall be prescribed by the Secretary of State. The other departments of the Government are authorized and directed to cooperate with the Secretary of State or his authorized representatives in preparing the exhibit.
Sec. 3. The Secretary of State is authorized to employ such assistantsEmployment of assistants. as may be deemed necessary to carry out the provisions of this resolution, and to fix their reasonable compensation without regard to the civil-service laws and regulations and the Classification Act of 1923, as amended; to purchase such materials, contract for such[5 U. S. C. §§ 661–674; Supp. IV, §§ 673, 673c](/us/usc/t5/s661–674/s673/c). labor and other services as may be necessary, without regard to the provisions of section 3709 of the Revised Statutes (U.
S. C., title 41,[R. S. § 3709](/us/rs/s3709).[41 U. S. C. § 5](/us/usc/t41/s5).Delegation of powers. sec. 5). The Secretary of State may delegate to the commissioner or other officer any of the powers vested in him by this resolution as may be deemed advisable. Sec. 4. In order to defray the expenses of representation of theAppropriation authorized for expenses. United States at the exhibition, including personal services in the District of Columbia or elsewhere; transportation of things; traveling and subsistence expenses; rent and heating, lighting and maintenance services; printing and binding; selection, purchase, assembling, preparation, transportation, arrangement, safekeeping, demonstration, removing, repairing, and altering of an exhibit or exhibits, including the preparation of an exhibit plan; official cards ; entertainment; hire, maintenance, and operation of motor-propelled passenger-carrying vehicles; communication service; purchase or rental of furniture and equipment; stationery and supplies, books of reference, and periodicals, newspapers and other appropriate publications, maps, reports, documents, plans, specifications, and manuscripts; and ice and drinking water for office use: *Provided*, That*Provisos*.Advance arrangements. arrangements for telephone services, rents, and subscriptions to newspapers and periodicals may be made in advance; and such other expenses as may be necessary in the opinion of the Secretary of State to carry out the purposes of this resolution; the sum of $15,000, or so much thereof as may be necessary, is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to remain available until expended for the purposes of this joint resolution, and any unexpended balances shall be covered into 53 Stat. 1250Expenditures subject to approval of Secretary of State.Delegation of authority.the Treasury of the United States.
All expenditures shall be subject to the approval of the Secretary of State and payable upon his certification: *Provided further*, That he is authorized in his discretion to delegate this authority to the commissioner or such other Limitation.officer as he may deem advisable. Such expenditures shall not be subject to the provisions of any law regulating or limiting expenditure Audit of accounts, etc.of public money other than this resolution, but this provision shall not be construed to waive the submission of accounts and vouchers to the General Accounting Office for audit, or permit any indebtedness to be incurred in excess of the amount authorized to be appropriated.
Sec. 5. Exhibits by Government agencies. The heads of the various executive departments and independent offices and establishments of the Government are authorized and directed to assist the Secretary of State, or such other officers of the Government as. may be designated or appointed by the Secretary of State, to assemble the exhibit, in the procurement, installation, and display of an exhibit, or exhibits; to lend such materials, articles, manuscripts, documents, papers, specimens, and exhibits as the Secretary of State shall deem to be in the interest of the United States in carrying out the purposes of this resolution; and to contract for such labor or other services as may be requested by the Secretary of [R.
S. § 3709](/us/rs/s3709).[41 U. S. C. § 5](/us/usc/t41/s5).State, without regard to section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5). Sec. 6. Acceptance of contributions of materials. The commissioner or officer in charge of the preparation of the exhibit, with the approval of the Secretary of State, may receive from any source contributions of material to aid in carrying Return or disposal at close of exhibition.out the general purposes of this resolution, and at the close of the exhibition or when the connection of the Government of the United States therewith ceases shall, under the direction of the Secretary of State, return the articles so contributed to the source from which they came, or dispose of them, or such portion thereof as may be unused, and account therefor.
Sec. 7. Payment of designated expenses from appropriation herein authorized. Any expenses incident to the restoration of any of the property assembled under the provisions of this resolution, to such a condition which will permit its use at subsequent exhibitions or celebrations, and for the continued employment of personnel necessary to close out the fiscal and other records and to prepare the reports, may be paid from the appropriation authorized herein. Sec. 8. Report to Congress.
It shall be the duty of the Secretary of State to transmit to the Congress within six months after the close of the exhibition a detailed statement of all expenditures, together with such other reports as may be deemed proper, which reports shall be prepared and arranged with a view to concise statement and convenient reference. Approved, August 7, 1939. To amend the Act entitled “An Act for the retirement of employees of the Alaska Railroad, Territory of Alaska, who are citizens of the United States”, approved June 29, 1936, and for other purposes. 1939-08-07 550 Chapter 53 Stat. 1250 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 550] AN ACT To amend the Act entitled “An Act for the retirement of employees of the Alaska Railroad, Territory of Alaska, who are citizens of the United States”, approved June 29, 1936, and for other purposes. August 7, 1939[[H. R. 2642](/us/bill/76/hr/2642)][[Public, No. 323](/us/pl/76/323)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Alaska Railroad Retirement Act, amendments.
That subsection
(c)of section 11 of the Act entitled “An Act for the retirement of employees of the Alaska Railroad, Territory of Alaska, who are citizens [49 Stat. 2023](/us/stat/49/2023).[5 U. S. C., Supp. IV, § 745j (c)](/us/usc/t5/s745/j/c).of the United States”, approved June 29, 1936, is amended to read as follows: " “(c). Annuitant dying before receiving amount to his credit. In case an annuitant shall die without having received in annuities purchased by the employee’s contributions as provided in 53 Stat. 1251(2) of section 6 of this Act an amount equal to the total amount to*Ante*, p. 1246. his credit at time of retirement, the amount remaining to his credit and any accrued annuity shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence: “First, to the beneficiary or beneficiaries designated in writing byPayments, order of precedence. such annuitant and recorded on his individual account; “Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such annuitant; “Third, if there be no such beneficiary, or executor or administrator, payment may be made, after the expiration of thirty days from the date of the death of the annuitant, to such person or persons as may appear in the judgment of the Civil Service Commission to be legally entitled thereto, and such payment shall be a bar to recovery by any other person. “In the case of an annuitant who has elected to receive an increasedIncreased annuity at employee’s option. annuity as provided in section 6 of this Act, the amount to be paid under the provisions of this subsection shall be only the accrued[49 Stat. 2020](/us/stat/49/2020).[5 U. S. C., Supp. IV, § 745e](/us/usc/t5/s745/e). annuity.” " Sec. 2. [49 Stat. 2023](/us/stat/49/2023).[5 U. S. C., Supp. IV, § 745j (d)](/us/usc/t5/s745/j/d). Subsection
(d)of said section 11 is amended to read as follows: " “(d). In case an employee shall die without having attainedDeath before attaining eligibility or establishing claim for annuity. eligibility for retirement or without having established a valid claim for annuity, the total amount of his deductions with interest thereon shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:Payments, order of precedence. “First, to the beneficiary or beneficiaries designated in writing by such employee and recorded on his individual account; “Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such employee; “Third, if there be no such beneficiary or executor or administrator, payment may be made, after the expiration of thirty days from the date of the death of the employee, to such person or persons as may appear in the judgment of the Civil Service Commission to be legally entitled thereto, and such payment shall be a bar to recovery by any other person.” " Sec. 3. Subsection
(e)of said section 11 is amended to read as[49 Stat. 2023](/us/stat/49/2023).[5 U. S. C., Supp. IV, § 745j (e)](/us/usc/t5/s745/j/e).Former employee becoming legally incompetent; payments. follows: " “(e). In case a former employee entitled to the return of the amount credited to his individual account shall become legally incompetent, the total amount due may be paid to a duly appointed guardian or committee of such former employee. If the amount of refund due such former employee does not exceed $1,000, and if there has been no demand upon the Civil Service Commission by a duly appointed guardian or committee, payment may be made, after the expiration of thirty days from date of separation from the service, to such a person or persons, in the discretion of the Commission, who may have the care and custody of such former employee, and such payment shall be a bar to recovery by any other person.” " Sec. 4. Subsection
(f)of said section 11 is amended to read as[49 Stat. 2023](/us/stat/49/2023).[5 U. S. C., Supp. IV, § 745j (f)](/us/usc/t5/s745/j/c).Designation of beneficiary. follows: " “(f). Each employee or annuitant to whom this Act applies may, under regulations prescribed by the Civil Service Commission, designate a beneficiary or beneficiaries to whom shall be paid, upon the death of the employee or annuitant any sum remaining to his credit (including any accrued annuity) under the provisions of this Act.” " Sec. 5. This Act shall become effective as of the thirtieth dayEffective date. following the date of its enactment. Approved, August 7, 1939. To relieve disbursing officers and certifying officers of the Veterans’ Administration from liability for payment where recovery of such payment is waived under existing laws administered by the Veterans’ Administration. 1939-08-07 551 Chapter 53 Stat. 1252 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. 1252 [CHAPTER 551] AN ACT To relieve disbursing officers and certifying officers of the Veterans’ Administration from liability for payment where recovery of such payment is waived under existing laws administered by the Veterans’ Administration. August 7, 1939[[S. 2454](/us/bill/76/s/2454)][
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