[PUBLIC-No. 739-74TH CONGRESS]

TITLE II-RELIEF AND WORK RELIEF

This title may be cited as the Emergency Relief Appropriation Act of 1936.

To continue to provide relief, and work relief on useful projects, in the United States and its Territories and possessions (including projects heretofore approved for the Works Progress Administration which projects shall not be subject to the limitations hereinafter specified in this paragraph), $1,425,000,000, to be used in the discretion and under the direction of the President, together with such unexpended balances of funds appropriated and made available by the Emergency Relief Appropriation Act of 1935 as the President may determine, which are hereby reappropriated and made available for the purposes of this paragraph, to remain available until June. 30, 1937 (except as herein otherwise authorized): Provided, That this appropriation shall be available for the following classes of public projects, Federal and non-Federal, and the amounts to be used for each class shall not, except as hereinafter provided, exceed the respective amounts stated, namely: (a) Highways, roads, and streets, $413,250,000; (b) public buildings, $156,750,000; (c) parks and other recreational facilities, including buildings therein, $156,750,000; (d) public utilities, including sewer systems, water supply and purification, airports, and other transportation facilities, $171,000,000; (e) flood control and other conservation, $128,250,000; (f) assistance for educational, professional, and clerical persons, $85,500,000; (g) women's projects, $85,500,000; (h) miscellaneous work projects, $71,250,000; (i) National Youth Administration, $71,250,000; and (j) rural rehabilitation, loans and relief to farmers and livestock growers, $85,500,000: Provided further, That the amount specified for any of the foregoing classes may be increased proportionately in accordance with the amount of such unexpended balances of funds as the President may transfer from the funds appropriated and made available by the Emergency Relief Appropriation Act of 1935 for the purpose of this paragraph: Provided further, That the amount specified for any of the foregoing classes may be increased by not to exceed 15 per centum thereof by transfer of an amount or amounts from any other class or classes in order to effectuate the purposes of the foregoing appropriation.

The departments, agencies, or establishments having supervision of projects for which funds from the foregoing appropriation are made available shall not knowingly employ aliens illegally within the limits of the continental United States on such projects and (507)

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they shall make every reasonable effort consistent with prompt employment of the destitute unemployed to see that such aliens are not employed, and if employed and their status as such alien is disclosed they shall thereupon be discharged.

No Federal project shall be undertaken or prosecuted under the foregoing appropriation unless and until an amount sufficient for its completion has been allocated and irrevocably set aside for its completion.

Appointments to Federal positions of an administrative or advis-" ory capacity under the foregoing appropriation in any State shall be made from among the bona-fide residents of that State so far as not inconsistent with efficient administration.

The rates of pay for persons engaged upon projects under the foregoing appropriation shall be not less than the prevailing rates of pay for work of a similar nature as determined by the Works Progress Administration with the approval of the President.

The President is authorized to prescribe such rules and regulations as may be necessary to carry out the purposes of the foregoing appropriation: Provided, however, That in the employment of persons, applicants in actual need whose names have not heretofore been placed on relief rolls shail be given the same eligibility for employment as applicants whose names have heretofore appeared on such rolls: 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.

In carrying out the purpose of the foregoing appropriation the President is authorized to utilize agencies within the Government and to empower such agencies to prescribe rules and regulations to carry out the functions delegated to such agencies by the President.

In order to increase employment by providing for useful public works projects of the kind and character for which the Federal Emergency Administrator of Public Works (hereinafter called the Administrator) has heretofore made loans or grants pursuant to Title II of the National Industrial Recovery Act or the Emergency Relief Appropriation Act of 1935, the Administrator may, upon the direction of the President, use not to exceed $300,000,000 from funds on hand or to be received from the sale of securities, for the making of grants, to aid in the financing of such projects: Provided, That no part of the sum made available by this paragraph shall be granted for any project unless, in the determination of the Administrator, the completion thereof can be substantially accomplished prior to July 1, 1938, and adequate provision has been made or is assured for financing such part of the entire cost thereof as is not to be supplied through the Federal Emergency Administration of Public Works: Provided further, That this limitation upon time shall not apply to any project enjoined in any Federal or State court: Provided further, That in no case shall the amount of the grant exceed forty-five per centum of the cost of the project. Nothing herein shall be construed to increase the amount of notes, bonds, debentures, and other such obligations which the Reconstruction Finance Corporation is authorized and empowered under existing law to issue and to have outstanding at any one time, and nothing herein shall

be construed to limit or curtail in any way any powers which the Federal Emergency Administration of Public Works or the Administrator is now authorized to exercise.

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 foregoing appropriation, or diverts, or attempts to divert, or assists in diverting for the benefit of any person or persons not entitled thereto, any portion of the foregoing 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, or political affiliations, deprives any person of any of the benefits to which he may be entitled under the foregoing 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.

No part of the foregoing appropriation shall be used to pay the salary or expenses of any person 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 attaches), in any primary, general, or special election, or who is serving as a campaign manager or assistant thereto for any such candidate.

The provisions of the Act of February 15, 1934 (48 Stat. 351), 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 foregoing appropriation 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 so much of the foregoing appropriation as the United States Employees' Compensation 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 administered by the Commission for such purposes; and after June 30, 1937, such special fund shall be available for such purposes annually in such amounts as may be specified therefor in the annual appropriation Acts: Provided further, That this paragraph shall also apply to persons employed and paid by the United States in those States in which the Federal Relief Administrator assumed control under section 3 (b) of the Federal Emergacy Relief Act of 1933 but such compensation shall be limited to fatal cases and permanent partial and permanent total disability cases where claim is filed within one year from the date of enactment of this Act: Provided further, That this paragraph 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. So much of the foregoing appropriation as may be determined by the Director of the Bureau of the Budget to be necessary for administrative expenses of any department, establishment, or agency of the United States for additional work incident to carrying out of the

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purposes of the foregoing appropriation shall be allotted by the President and shall remain available to such agencies until June 30, 1938; the funds so allotted shall be available for expenditure for the same purposes for which funds have been allotted for administrative expenses under the Emergency Relief Appropriation Act of 1935.

The provisions of section 3709 of the Revised Statutes (U. S. C., title 41, sec. 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.

Any Administrator or other officer named to have general supervision at the seat of Government over the program and work contemplated under the foregoing appropriation and receiving a salary of $5,000 or more per annum from such appropriation, and any State or regional administrator receiving a salary of $5,000 or more per annum from such appropriation, 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.

The Federal Emergency Relief Administrator is hereby authorized and directed to liquidate and wind up the affairs of the Federal Emergency Relief Administration under the Act of May 12, 1933, as amended, and funds available to it shall be available for expenditure for such purpose until June 30, 1937.

A report of the operations under the foregoing appropriation shall be submitted by the President to Congress befe the 10th day of January in each of the next two regular sessions of Congress, which report shall include a statement of the expenditures made and obligations incurred, by classes and amounts.

Approved, June 22, 1936.

[PUBLIC RESOLUTION-No. 47-75TH CONGRESS]

[CHAPTER 401-1ST SESSION]

[H. J. Res. 361]

JOINT RESOLUTION

Making appropriations for relief purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE II

SEC. 201. The Federal Emergency Administration of Public Works (herein called the "Administration") is hereby continued until July 1, 1939, and until such date is hereby authorized to continue to perform all functions which it is authorized to perform on June 29, 1937. All provisions of law existing on June 29, 1937, and relating to the availability of funds for carrying out any of the functions of such Admin-. istration are hereby continued until July 1, 1939, except that the date specified in the Emergency Relief Appropriation Act of 1936, prior to which, in the determination of the Federal Emergency Administrator of Public Works (herein called the "Administrator"), a project can be substantially completed is hereby changed from "July 1, 1938" to "July 1, 1939".

SEC. 202. The amount which the Reconstruction Finance Corporation is authorized by existing law to have invested at any one time in securities purchased from the Administration is hereby increased from $250,000,000 to $400,000,000.

SEC. 203. The amount of funds which the Administrator, upon direction of the President, is authorized to use for grants from moneys realized from the sale of securities is hereby increased from $300,000,000 to $359,000,000; and after the date of the enactment of this joint resolution no allotment shall be made by the Administrator for any project the application for which has not been approved by the examining divisions of the Administration prior to such date.

SEC. 204. The paragraph in the Independent Offices Appropriation Act, 1938, under the caption "Federal Emergency Administration of Public Works" is hereby amended by (a) striking out the words "in connection with the liquidation" and (b) striking out the sum of "$10,000,000" and inserting in lieu thereof the sum of "$15,000,000".

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