PUBLIC LAWS ENACTED DURING THE FIRST SESSION OF THE SEVENTY-SIXTH CONGRESS OF THE UNITED STATES OF AMERICA Begun and held at the City of Washington on Tuesday, January 3, 1939, and adjourned without day on Saturday, August 5, 1939 FRANKLIN D. ROOSEVELT, President; JOHN N. GARNER, Vice President; KEY PITTMAN, President of the Senate pro tempore; WILLIAM B. BANKHEAD, Speaker of the House of Representatives; SAM RAYBURN, Speaker of the House of Representatives pro tempore, July 1-11, 1939. [CHAPTER 1] JOINT RESOLUTION Making an additional appropriation for work relief and relief for the fiscal year ending June 30, 1939. February 4, 1939 [H. J. Res. 83] [Pub. Res., No. 1] Work relief and re lief. appro Additional priation for fiscal year 1939. 52 Stat. 809. IV, ch. 16 (note). Post, p. 578. Provisos. Funds appropriated to Works Progress extension for appor tionment, etc. Administration, time Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to continue to provide work relief on useful public projects, and relief, as authorized in the Emergency Relief Appropriation Act of 1938, and subject to all of the provisions of such Act, there is hereby appropriated to the Works Progress Administration, out of any money in the Treasury not otherwise appropriated, the sum of $725,000,000, which amount shall be added to the $1,425,000,000 appropriated to that Administration in section 1, subsection 1, of such Emergency Relief Appropriation Act of 1938 and shall proportionately increase the amounts specified in limitations (1), (2), and (3), of (d) of subsection (1) of section 1 of such Act: Provided, That the provisions of section 2 of such Act prescribing February 28, 1939, as the end of the period over which the funds appropriated to the Works Progress Administration shall be apportioned and distributed are hereby amended so as to prescribe June 30, 1939, as the end of such period: Provided further, That notwithstanding any other provision of law, the Works Progress Administrator is authorized, from time to time, needy persons. out of the funds appropriated in this joint resolution, to use such amount or amounts not to exceed in the aggregate $15,000,000 as may be determined by the Administrator to be necessary, for the purpose of providing direct relief for needy persons: Provided further, That notwithstanding any of the provisions of section 2 of the Emergency Relief Appropriation Act of 1938, the amount herein appropriated shall be so apportioned by the Works Progress Administration as to cover the entire period from the date of the approval of this Act until June 30, 1939: Provided further, That prior to April 1 there shall be no administrative reduction of more than 5 per centum in the number of employees upon Works Progress projects and that the funds available for the remainder of the fiscal year shall be appor 98907-39--PT 2-1 507 Amount for providing direct relief for Period to be covered. tional appropriation, requirements. ployees not in actual need. Limitation on alloeral agencies increased. cations to other Fed 52 Stat. 811. Limitation on ex than labor costs. 52 Stat. 815. Employees placed Estimate for addi- tioned in the discretion of the Administrator: Provided further, That should there arise an emergency which in the opinion of the President would require the submission of an estimate for an additional appropriation, the President in submitting such estimate shall submit a statement as to the facts constituting such emergency: Provided Elimination of em- further, That the Administrator shall immediately cause to be made an investigation of the rolls of relief employees on work projects and eliminate from such rolls those not in actual need: Provided further, That the limitation of $60,000,000 in section 3 of such Act, on the amount that may be allocated to other Federal departments, establishments, and agencies is hereby increased to $88,000,000: Provided further, That the words "and prior to February 28, 1939," are hereby deleted from section 23 of such Act: Provided further, That the provisions of Executive Order Numbered 7916, dated June 24, 1938, shall not apply to positions the compensation of which is payable from appropriations contained in the Emergency Relief Appropriation Act of 1938 or from the amount appropriated 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: Provided further, Eligibility of per- That no requirement of eligibility for employment under such Emergency Relief Appropriation Act of 1938, as amended, shall be effective which prohibits the employment of persons 65 years of age or over or women with dependent children: Provided further, That no competition with ex- funds appropriated in the Emergency Relief Appropriation Act of 1938 or herein appropriated shall be used by any Federal agency, to establish mills or factories which would manufacture for sale articles or materials in competition with existing industries. fied civil service by Executive Order No. 7916. sons 65 years of age or over, etc. Establishment of mills or factories in isting industries, restriction. 52 Stat. 813. restriction Aliens, on employment. citizenship. SEC. 2. Section 11 of the Emergency Relief Appropriation Act of 1938 is hereby amended to read as follows: "SEO. 11. No alien shall be given employment or continued in employment on any project prosecuted under the appropriations contained in the Emergency Relief Appropriation Act of 1938 or this Amidavit as to U. s. joint resolution: Provided, That no part of the money herein appropriated shall be available to pay any person thirty days after the approval of this joint resolution who does not make affidavit as to United States citizenship, such affidavit to be considered prima facie Preferences in em- evidence of such citizenship: Provided further, 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." ployment. Unlawful acts. Promise of benefit SEC. 3. (a) It shall be unlawful for any person, directly or indias a political reward. rectly, to promise any employment, position, work, compensation, or other benefit, provided for or made possible by the Emergency Relief Appropriation Act of 1938 or 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 or any political party in any election. Denial of benefits on account of race, (b) It shall be unlawful for any person to deprive, attempt to political activity, etc. 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 the Emergency Relief Appropriation Act of 1938 or 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. Penalty provision. (c) Any person who knowingly violates any provision of this section shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisonment for not more than one year, or both. The provisions of this section shall be in addition to, not in substitution for, any other sections of existing law, or of this isting law. joint resolution. Provisions deemed supplementary to ex Administrative officer using official au etc. SEC. 4. (a) It shall be unlawful for any person employed in any administrative or supervisory capacity by any agency of the Federal thority in an election, Government, whose compensation or any part thereof is paid from funds authorized or appropriated by the Emergency Relief Appropriation Act of 1938 or 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 in political management or in political campaigns. Penalty provision. (b) 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 the Emergency Relief Appropriation Act of 1938 or this joint resolution shall be used to pay the compensation of such person. The provisions of this section shall be in addition to, not in substitution for, any other existing law. sections of existing law, or of this joint resolution. SEC. 5. (a) It shall be unlawful for any person knowingly to 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 entitled to or receiving compensation or employment provided for by the Emergency Relief Appropriation Act of 1938 or this joint resolution. (b) Any person who knowingly violates any provision of this 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, not in substitution for, any other sections of existing law, or of this joint resolution. SEO. 6. Section 21 of the Emergency Relief Appropriation Act of 1938 is hereby amended by striking out the word "projects,". Provisions deemed supplementary to Solicitation for campaign expenses. Penalty provision. 52 Stat. 815. Reports to Congress. offer of private employment paying pre Refusal of bona fide vailing wage, etc. SEC. 7. 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 the Emergency Relief Appropriation Act of 1938 or this joint resolution 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 of private employprevious employment status with the Works Progress Administration if he is still in need and if he has lost the private employment through no fault of his own. SEC. 8. None of the funds appropriated by the Emergency Relief Appropriation Act of 1938 or 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. Approved, February 4, 1939. Protiso. ment. funds for military or naval purposes for bid Use of designated den. Mar. 4, 1939 February 10, 1939 February 10, 1939 [S. J. Res. 38] [Pub. Res., No. 2] Tennessee Authority. Valley tures by special joint congressional investi gating committee in creased. 52 Stat. 154. [CHAPTER 2] AN ACT To consolidate and codify the internal revenue laws of the United States. [This act, known as the Internal Revenue Code, is printed with appendix and index as Part 1 of Volume 53 of the United States Statutes at Large.] [CHAPTER 3] JOINT RESOLUTION Providing additional funds for the expenses of the special joint congressional committee investigating the Tennessee Valley Authority, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the limit of expendiLimit of expenditures under the joint resolution entitled "Joint resolution creating a special joint congressional committee to make an investigation of the Tennessee Valley Authority", approved April 4, 1938, is hereby increased by the sum of $25,000, such additional sum to be paid onehalf from the contingent fund of the Senate and one-half from the contingent fund of the House of Representatives upon vouchers approved by the chairman of the special joint congressional committee created by such joint resolution. The final report of such Continuance of cler- committee shall be made on or before April 1, 1939, but the chairman of the committee is authorized to continue such clerical help as found necessary for the indexing, proofreading, filing, and distribution of the report. Division of pay ment of expenses. Final report. ical help. March 4, 1939 [S. 1102] [Public, No. 2] Reconstruction Fi nance Corporation. Continuance offunc tions. IV, § 613c. 15 U. 8. C., Supp. Electric Home and Farm Authority, con tinuance as a Federal agency. 49 Stat. 1186; 50 Stat. 5. Approved, February 10, 1939. [CHAPTER 4] AN ACT To continue the functions of the Reconstruction Finance Corporation, and for other purposes. 66 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1 of the Act approved January 26, 1937 (50 Stat. 5), is hereby amended by striking therefrom "June 30, 1939" and inserting in lieu thereof June 30, 1941"; (b) section 1 of the Act approved March 31, 1936 (49 Stat. 1186), as amended, is hereby further amended by striking from the first sentence thereof "June 30, 1939" and inserting in lieu thereof "June 30, 1941"; (c) section 9 of the Reconstruction Finance Corporation Act (47 Stat. 9), as amended, is hereby further amended by inserting after the second sentence thereof the following sentence: "Such obligations may mature subsequent to the period of succession of the Corporation as provided by section 4 hereof."; and (d) the Act approved February 11, 1937 (50 Stat. 19), as amended, is amended by striking from the first sentence "$20,000,000" and inserting in lieu Increase of capital thereof "$40,000,000"; and by striking from the second paragraph "or 1938" and inserting in lieu thereof "1938, 1939, or 1940". Approved, March 4, 1939. Reconstruction Fi nance Corporation, maturity of certain obligations. 47 Stat. 9. 15 U. S. C. § 609. Disaster Loan Cor To continue the functions of the Commodity Credit Corporation and the Export- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 7 of the Act approved January 31, 1935 (49 Stat. 4), as amended, is hereby further amended by striking from the first sentence thereof |