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to such Administration and to prescribe rules and regulations for the operation of such projects : Provided, That not to exceed 5 per centum of the total amount so allotted to any such department, establishment, or agency shall be expended for such administrative expenses. Sec. 3, Title I, pub. res. of June 21, 1938 (52 Stat. 811).
The Works Progress Administration, the National Youth Administration within the Works Progress Administration, the Farm Security Administration within the Department of Agriculture, the National Emergency Council, and the National Resources Committee are hereby extended until June 30, 1939, to carry out the purposes of this title. Sec. 4, Title I, pub. res. of June 21, 1938 (52 Stat. 811).
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 title unless and until there shall have been allocated and irrevocably set aside Federal funds sufficient for its completion; and no non-Federal project shall be undertaken or prosecuted under such appropriations unless and until the sponsor has made a written agreement to finance such part of the entire cost thereof as is not to be supplied from Federal funds. Sec. 5, Title I, pub. res. of June 21, 1938 (52 Stat. 811).
Federal agencies having supervision of projects prosecuted under the appropriations in this title are authorized to receive from sponsors of non-Federal projects contributions in services, materials, or money, such money to be deposited with the Treasurer of the United States. Such contributions shall be expended or utilized as agreed upon between the sponsor and the Federal agency. Sec. 6, Title I, pub, res. of June 21, 1938 (52 Stat. 811).
In carrying out the purposes of this title, the heads of the departments, establishments, and agencies to which funds are appropriated herein are authorized to prescribe such rules and regulations as may be necessary. Sec. 7, Title I, pub. res. of June 21, 1938 (52 Stat. 811).
The appropriations in this title for administrative expenses and such portion of other appropriations in this title as are available for administrative expenses shall not be obligated for such administrative expenses in excess of the amounts which the department, establishment, or agency, with the approval of the Director of the Bureau of the Budget, shall have certified to the Secretary of the Treas. ury as necessary for such purposes. The amounts so certified for administrative expenses shall be available for expenditure by such department, establishment, or agency concerned for personal services in the District of Columbia and elsewhere and for the objects set forth in subsection (a) of section 3 of the Emer. gency Relief Appropriation Act of 1935 and with the authority set forth in subsection (b) of such section of such Act : Provided, That not to exceed 5 per centum of the amount made available in section 1 of this title to the Works Progress Administration and to the Works Progress Administration for the National Youth Administration shall be used for administration. Sec. 8, Title 1, pub. res. of June 21, 1938 (52 Stat. 811).
The rates of pay for persons engaged upon projects under the appropriations in this title shall be not less than the prevailing rates of pay for work of a similar nature in the same locality as determined by the Works Progress Administration : Provided, That if minimum rates of pay for persons employed by private employers in any occupation are established by or pursuant to the authority conferred by any Labor Standards Act enacted at the third session of the Seventy-fifth Congress, not less than the minimum rates of pay so established shall be paid to persons in similar occupations in the same locality employed on projects under the appropriation in subsection one of section one of this title. Sec. 9, Title I, pub. res. of June 21, 1938 (52 Stat. 812).
In the employment of persons on projects under the appropriations in this title, applicants in actual need whose names have not heretofore been placed on relief rolls shall be given the same eligibility for employment as applicants whose names have heretofore appeared on such rolls : Provided, That in order to insure the fulfillment of the purposes for which such appropriations are made and to avoid competition between the Works Progress Administration and other Federal or non-Federal agencies in the employment of labor on construction projects of any nature whatsoever, financed in whole or in part by the Federal Government, no relief worker shall be eligible for employment on any project of the Works Progress Administration who has refused to accept employment on any other Federal or non-Federal project at a wage rate comparable with or higher than the wage rate established for similar work on projects of the Works Progress Administration : Provided further, That any relief worker who has been engaged on any Federal or non-Federal project and whose service has been regularly terminated through no fault of his own shall not lose his eligibility for restoration to the relief rolls or for reemployment on any other Federal or nonFederal project on account of such previous employment: Provided further, That the fact that a person is entitled to or has received either adjusted-service bonds or a Treasury check in payment of an adjusted-compensation certificate shall not be considered in determining actual need of such employment: Provided further, That every relief worker employed on any Federal or non-Federal Works Progress Administration project shall be required, as a condition to his continued employment, to file quarterly a statement as to the amount of his earnings, if any, from outside employment while he was assigned to such a project, and the statements so filed shall be taken into consideration in assigning such workers to employment on such projects and in continuing them in such employ. ment. Farmers in need and who need employment to supplement their farm income but who are not on relief rolls shall have the same eligibility for employment on projects in rural areas as persons on such rolls. Sec. 10, Title 1, pub. res. of June 21, 1938 (52 Stat. 812).
No alien illegally within the limits of the United States, and no alien who has not, prior to the date of enactment of this joint resolution, filed a declaration of intention to become an American citizen which is valid and has not expired, shall knowingly be given employment or continued in employment on any project prosecuted under the appropriations in this title: Provided, That preference in employment on such projects shall be given in the following order: (1) Veterans of the World War and the Spanish-American War and veterans of any campaign or expedition in which the United States has been engaged (as determined on the basis of the laws administered by the Veterans' Administration) who are in need and are American citizens ; (2) other American citizens, Indians and other persons owing allegiance to the United States who are in need; and (3) those aliens in need whose declarations of intention to become American citizens were filed prior to the date of enactment of this joint resolution and are valid and have not expired. Sec. 11, Title 1, pub. res. of June 21, 1938 (52 Stat. 813).
No person employed on work projects under the appropriations in this title and in need who refuses a bona fide offer of private employment under reasonable working conditions which pays as much or more in compensation for the same length of service as such person receives or could receive under such appropriations and who is capable of performing such work, shall be retained in employ. ment for the period such private employment would be available: Provided, That any person who takes such private employment shall at the expiration thereof be entitled to immediate resumption of his previous employment status if he is still in need and if he has lost the private employment through no fault of his own. Sec. 12, Title I, pub. res. of June 21 1938 (52 Stat. 813).
Appointments to Federal positions of an administrative or advisory capacity under the appropriations in this title in any State shall be made from among the bona fide citizens of that State so far as not inconsistent with efficient administration.
So far as not inconsistent with efficient administration no part of the appropriations in this title shall be available to pay the compensation of any officer or employee of the United States who holds an administrative, executive, or supervisory position under this joint resolution, if the position is in any office located outside the District of Columbia or is on any project prosecuted in any place outside the District of Columbia, unless such person is an actual and bona fide citizen of the State, Territory, region, or district in which the office or project is situated, but this provision shall not apply to the temporary and emergency assignment of any person to a position where the period of service in such position does not exceed sixty days. Sec. 13, Title I, pub. res. of June 21, 1938 (52 Stat. 813).
No part of any appropriation in this title 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. 14, Title 1, pub. res. of June 21, 1938 (52 Stat. 818).
Hereafter, so far as not inconsistent with efficient administration, all appointments of persons to the Federal Service for employment within the District of Columbia, under provisions of this joint resolution, whether such appointments be within the classified civil service or otherwise, shall be apportioned among the several States and the District of Columbia upon the basis of population as ascertained at the last preceding census.
In making separations from the Federal Service, or 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. 15, Title I, pub. res. of June 21, 1938 (52 Stat. 813).
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 apr priations in this title for services rendered as employees of the United States and to persons receiving assistance in the form of payments from the United States for services rendered under the National Youth Administration created by Executive order of June 26, 1935 : Provided, That effective July 1, 1938, the monthly compensation in any individual case heretofore or hereafter coming within the purview of such Act of February 15, 1934, shall not exceed the rate of $50, and the aggregate payments shall not exceed $4,000, exclusive of medical costs : Provided further, That so much of the appropriation in section 1 of this title to the United States Employees' Compensation Commission, as the Commission, with the approval of the Director of the Bureau of the Budget, estimates and certifies to the Secretary of the Treasury will be necessary for the payment of such compensation and administrative expenses shall be set aside in a special fund to be available and to be administered by the Commission during the fiscal year 1939 for such purposes; and after June 30, 1939, such special fund shall be added to and become part of the "Employees' Compensation Fund, Emergency Relief,” set up in accordance with the provisions of the Independent Offices Appropriation Act, 1939: Provided further, That said “Employees' Compensation Fund, Emergency Relief” and the special fund herein authorized shall not be limited in its use to the United States, its Territories, and possessions and any payments heretofore made to persons outside the United States, its Territories, and possessions from the special funds set aside to be administered by said Commission, if otherwise valid, are hereby validated : Provided further, That this section shall not apply in any case coming within the purview of the workmen's compensation law of any State or Territory, or in which the claimant has received or is entitled to receive similar benefits for injury or death. Sec. 16, Title 1, pub. res. of June 21, 1938 (52 Stat. 814).
In carrying out the purpose of the appropriations in this title, the Secretary of the Treasury is authorized to prescribe rules and regulations for the establishment of special funds for the Procurement Division, Branch of Supply, Treasury Department, and the Works Progress Administration, in the nature of revolving funds for use, until June 30, 1939, in the purchase, repair, distribution, or rental of materials, supplies, equipment, and tools. Sec. 17, Title 1, pub. res. of June 21, 1938 (52 Stat. 814).
The provisions of section 3709 of the Revised Statutes (41 U. S. C., 5) shall not apply to any purchase made or service procured in connection with the foregoing appropriation when the aggregate amount involved is less than $300. Sec. 18, Title 1, pub, res. of June 21, 1938 (52 Stat. 814).
Any person who knowingly and with intent to defraud the United States makes any false statement in connection with any application for any project, employment, or relief aid under the appropriations in this title, or diverts, or attempts to divert or assists in diverting, for the benefit of any person or persons not entitled thereto, any portion of such appropriation, or any services or real or personal property acquired thereunder, or who knowingly, by means of any fraud, force, threat, intimidation, or boycott, or discrimination on account of race, religion, political affiliations, or membership in a labor organization, deprives any person of any of the benefits to which he may be entitled under any such appropriation, or attempts so to do, or assists in so doing, shall be deemed guilty of a misdemeanor and fined not more than $2,000 or imprisoned not more than one year, or both. Sec. 19, Title I, pub, res. of June 21, 1938 (52 Stat. 814).
The Works Progress Administrator is authorized to consider, ascertain, adjust, determine, and pay from the appropriation to the Works Progress Administration in this title any claim arising out of operations thereunder accruing after the effective date of this title on account of damage to or loss of property caused by the negligence of an employee of the Works Progress Administration or of the National Youth Administration while acting within the scope of his employment: Provided, That no claim shall be considered hereunder which is in excess of $500, or which is not presented in writing to the Administration within one year from the date of accrual thereof; Provided further, That acceptance by any claimant of the amount allowed on account of his claim shall be deemed to be in full settlement thereof, and the action of the Administrator upon such claim so accepted by the claimant shall be conclusive. Sec. 20, Title 1, pub. res. of June 21, 1938 (52 Stat. 815).
Reports of the operations under the appropriations in this joint resolution and the appropriation contained in the Emergency Relief Appropriation Act of 1937 and the joint resolution of March 2, 1938, including a statement of the expenditures made and obligations incurred by classes, projects, and amounts shall be submitted by the President to Congress on or before the fifteenth of January in each of the next two regular sessions of Congress : Provided, That such reports shall be in lieu of the report required by section 14 of such Act of 1937. Sec. 21, Title I, pub. res. of June 21, 1938 (52 Stat. 815).
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. Sec. 22, Title I, pub. res. of June 21, 1938 (52 Stat. 815).
The funds herein appropriated to the Works Progress Administration, exclusive of those used for administrative expenses, shall be so administered by the Works Progress Administrator that, except as hereinafter provided, expenditure authorizations for other than labor costs for all the projects financed from such funds in any State, Territory, possession, or the District of Columbia shall not exceed an average of $7 per month per worker employed after June 30, 1938, and prior to February 28, 1939, on all such projects: Provided, That not to exceed $25,000,000 of the funds herein appropriated to the Works Progress Administration may be used by the Works Progress Administrator to supplement the amounts so authorized for other than labor costs in any State, Territory, possession, or the District of Columbia where in the opinion of the Administrator an emergency makes such additional expenditures necessary to assure the operation of sound projects. Sec. 23, Title I, pub. res. of June 21, 1938 (52 Stat. 815).
$18,000,000 of the amount named for public projects in the second limitation under (d) in subsection 1 of section 1, Title I, of the Emergency Relief Appropriation Act of 1938, shall be available exclusively for the objects embraced by this paragraph: Provided, That nothing herein shall be construed as amending or modifying the provisions of section 3 of Title I of such Act: Provided further, That the requirement in section 5 of Title I of such Act that no Federal construction project, with certain exceptions, shall be undertaken unless and until there have been allocated and irrevocably set aside sufficient funds for its completion is hereby waived as to this appropriation:
* War Department civil appropriation act of June 11, 1938 (52 Stat. 670). The Secretary of War, upon approval by the President, is authorized to transfer not to exceed a total of $6,000,000 from the sum of $18,000,000 made available by the War Department Civil Appropriation Act, 1939, from the appropriation in section 1 (1) of the Emergency Relief Appropriation Act of 1938, to the appropriation contained in such War Department Civil Appropriation Act, 1939, for "Flood control, Mississippi River and tributaries”: Provided, That such authorization for transfer of funds shall not become effective unless and until there is enacted into law the provisions under the heading "Lower Mississippi River” contained in H. R. 10618, Seventy-fifth Congress, entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”. Title I, second deficiency appropriation act of June 25, 1938 (52 Stat. 1154).