Personal services, C. Z., citizenship re Provisos. of 48 U.S. C. §1307 note. Limitation on num ber. Selection of person SEC. 7. No part of any appropriation contained in this Act shall be used directly or indirectly after May 1, 1941, except for temporary quirement; exception. employment in case of emergency, for the payment of any civilian for services rendered by him on the Canal Zone while occupying a skilled, technical, clerical, administrative, executive, or supervisory position unless such person is a citizen of the United States of America or of the Republic of Panama: Provided, however, (1) That, notwithstanding the provision in the Act approved August 11, 1939 (53 Stat. Panamanian citizens. 1409), limiting employment in the above-mentioned positions to citizens of the United States from and after the date of the approval of said Act, citizens of Panama may be employed in such positions; (2) that at no time shall the number of Panamanian citizens employed in the above-mentioned positions exceed the number of citizens of the United States so employed, if United States citizens are available in continental United States or on the Canal Zone; (3) that nothing 15 years' service. Employment after in this Act shall prohibit the continued employment of any person who shall have rendered fifteen or more years of faithful and honcrable service on the Canal Zone; (4) that in the selection of personnel for skilled, technical, administrative, clerical, supervisory, or executive positions, the controlling factors in filling these positions shall be efficiency, experience, training and education; (5) that all citizens of Panama and the United States rendering skilled, technical, clerical, administrative, executive, or supervisory service on the Canal Zone under the terms of this Act (a) shall normally be employed not more than forty hours per week; (b) may receive as compensation equal rates of pay based upon rates paid for similar employment in continental United States plus 25 per centum; (6) this entire section shall apply only to persons employed in skilled, technical, clerical, adminis- persons. trative, executive, or supervisory positions on the Canal Zone directly or indirectly by any branch of the United States Government or by any corporation or company whose stock is owned wholly or in part by the United States Government: Provided further, That the Presi- dent to suspend comdent may suspend compliance with this section in time of war or national emergency if he should deem such course to be in the public interest. SEC. 8. Whenever, during the fiscal year ending June 30, 1942, the Secretary of War should deem it to be advantageous to the national defense, and if in his opinion the existing facilities of the War Department are inadequate, he is hereby authorized to employ, by contract or otherwise, without reference to section 3709, Revised Statutes, and at such rates of compensation (not to exceed $50 per day for individuals) as he may determine, the services of architects, engineers, or firms or corporations thereof, and other technical and professional personnel as may be necessary. SEC. 9. The provisions of section 1 (a) and 1 (b) of the Act entitled "An Act to expedite the strengthening of the national defense", approved July 2, 1940, are hereby continued in effect and made applicable to moneys appropriated for the War Department for national defense purposes for the fiscal year ending June 30, 1942. SEC. 10. No part of any appropriation contained in this Act shall be used to pay the salary or wages of any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided, That for the purposes hereof an affidavit shall be considered prima facie evidence that the person making the affidavit does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided further, That any person who advocates, or who is a mem nel. Hours of employment. Rates of pay. Section applicable only to designated Authority of Presipliance. technical, etc., personnel. Employment of 41 U. S. C. § 5. Construction, etc., of plants. 54 Stat. 712. 41 U. S. C., prec. § 1 note. Persons advocating overthrow of U. 8. Government. Provisos. Affidavit. ber of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts employment the salary or wages for which are paid from any appropriation in this Act 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: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law. SEC. 11. No part of any money appropriated herein or included under any contract authority herein granted shall be expended for the payment of any commission on any land purchase contract in excess of 2 per centum of the purchase price. SEC. 12. No part of any appropriation contained in this Act may be obligated for the construction of quarters, including heating and plumbing apparatus, wiring and fixtures, in continental United States, except in Alaska, for greater amounts per unit than follow: Permanent construction: For commissioned officer, $10,000. For commissioned warrant or warrant officer, $7,500. For enlisted man, $6,000. Temporary construction: For commissioned officer, $7,500. For commissioned warrant or warrant officer, $5,000. SEO. 13. The appropriations and authority with respect to appropriations contained herein shall be available from and including July 1, 1941, for the purposes respectively provided in such appropriations and authority. All obligations incurred during the period between June 30, 1941, and the date of the enactment of this Act in anticipation of such appropriations and authority are hereby ratified and confirmed if in accordance with the terms thereof. SEC. 14. This Act may be cited as the "Military Appropriation Act, 1942". Approved, June 30, 1941, 6: 20 p. m., E. S. T. [CHAPTER 263] AN ACT To provide for the discharge or retirement of enlisted men of the Regular Army and of the Philippine Scouts in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an enlisted man of the Regular Army or of the Philippine Scouts who has had less than twenty years of service in the military forces of the United States and who has become permanently incapacitated for active service shall be discharged: Provided, That nothing herein contained shall be construed as affecting the right of an enlisted man discharged hereunder to receive such pension and other benefits as may now or hereafter be accorded by law to disabled former soldiers of the Regular Army or of the Philippine Scouts. SEC. 2. An enlisted man of the Regular Army or of the Philippine Scouts who has served twenty years or more in the military forces of the United States and who has become permanently incapacitated for active service due to physical disability incurred in line of duty shall be placed on the retired list. SEC. 3. When an enlisted man is placed on the retired list pursuant to the provisions of the next preceding section he shall receive 75 per centum of the average pay he was receiving for six months Proviso. prior to his retirement plus a money allowance of $9.50 per month in lieu of rations and clothing and $6.25 per month in lieu of quarters, fuel, and light: Provided, That the money allowances of enlisted men of the Philippine Scouts placed on the retired list under Philippine Scouts. this Act shall be the same as those heretofore or from time to time hereafter prescribed by the Secretary of War under existing law for enlisted men of that organization retired after thirty years of service. Election of retired Administrative pro SEC. 4. Where an enlisted man placed on the retired list under this Act or under any provision of law would be eligible to receive pay or pension. pension or compensation under the laws administered by the Veterans' Administration, if he were not receiving retired pay, he may waive receipt of retired pay and allowances for the purpose of receiving such pension or compensation; and thereafter such retired enlisted man may waive receipt of such pension or compensation for the purpose of receiving retired pay and allowances. To prevent concurrent payments, when waiver of receipt of retired pay and allow- cedure. ances for the purpose of receiving pension or compensation is filed in the War Department that Department shall notify the Veterans' Administration of the receipt of such waiver and the effective date of the stoppage of retired pay and allowances. Similar report to the War Department shall be rendered by the Veterans' Administration, when waiver of receipt of pension or compensation is filed in the Veterans' Administration for the purpose of receiving retired pay and allowances. SEC. 5. All periods of service which are now counted under provisions of existing law in computing the time necessary to enable an enlisted man to retire upon completion of thirty years of service shall be credited in the computation of the twenty years of service necessary to confer eligibility for retirement hereunder. SEC. 6. The administration of this Act shall be under such regulations as the Secretary of War shall prescribe. To extend the period during which direct obligations of the United States may be used as collateral security for Federal Reserve notes. Computation of service. Regulations. June 30, 1941 [S. 1471] [Public Law 141] Federal Reserve notes. Use of direct obligations as collateral Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second paragraph of section 16 of the Federal Reserve Act, as amended, is hereby amended by striking therefrom the words "until June 30, security. 1941" and by inserting in lieu thereof the words "until June 30, 1943". To extend the time within which the powers relating to the stabilization fund and alteration of the weight of the dollar may be exercised. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of section 10 of the Gold Reserve Act of 1934, approved January 30, 1934, as amended, is further amended to read as follows: "(c) All the powers conferred by this section shall expire June 30, 1943, unless the President shall sooner declare the existing emergency ended and the operation of the stabilization fund terminated." 53 Stat. 991. June 30, 1941 [H. R. 4646] [Public Law 142] Gold Reserve Act of 1934, amendments. 48 Stat. 342. 31 U. S. C. § 822a. Duration of emergency powers. 396 48 Stat. 52, 342; 53 Stat. 998. 31 U. S. C. § 821. lar, etc. Specified powers of President defined. PUBLIC LAWS-CHS. 265, 266 July 1, 1941 [55 STAT. SEC. 2. The second sentence added to paragraph (b) (2) of section 43, title III, of the Act approved May 12, 1933, by section 12 of said Weight of gold dol- Gold Reserve Act of 1934, as amended, is further amended to read as follows: "The powers of the President specified in this paragraph shall be deemed to be separate, distinct, and continuing powers, and may be exercised by him, from time to time, severally or together, whenever and as the expressed objects of this section in his judgment may require; except that such powers shall expire June 30, 1943, unless the President shall sooner declare the existing emergency ended." Duration. July 1, 1941 [H. J. Res. 193] (Public Law 143] Emergency Appropriation fiscal year 1942. Ante, p. 104. Making appropriations for work relief and relief for the fiscal year ending June 30, 1942. Resolved by the Senate and House of Representatives of the United Relief States of America in Congress assembled, That this joint resolution may be cited as the "Emergency Relief Appropriation Act, fiscal year 1942". Act, Continuation of work relief. 15. FEDERAL WORKS AGENCY WORK PROJECTS ADMINISTRATION SECTION 1. (a) In order to continue to provide work for employable needy persons on useful public projects in the United States and its Territories and possessions, there is hereby appropriated to the Work Projects Administration, of the Federal Works Agency, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1942, $875,000,000, together with all balances of appropriations under section 1 (a) of the Emergency 15. S. C. ch. 16 Relief Appropriation Act, fiscal year 1941, and under Public Law 9, Reappropriations. 54 Stat. 611; ante, p. note. 54 Stat. 618. Seventy-seventh Congress, which remain unobligated on June 30, 1941, including such unobligated balances of funds transferred to other Federal agencies for nonconstruction projects under the provisions of section 10 (a) of such Act for the fiscal year 1941, as supplemented by such Public Law 9, or set aside for specific purposes in accordance with other law: Provided, That notwithstanding any other provision of law, funds heretofore irrevocably set aside for the completion of Federal construction projects under authority of the 927; 54 Stat. 611; ante, Emergency Relief Appropriation Acts of 1938 and 1939 and the Provisos. Completion of designated projects. 52 Stat. 809; 53 Stat. p. 15. Emergency Relief Appropriation Act, fiscal year 1941, as amended, and supplemented, shall remain available until June 30, 1942, for such completion, and any such funds which remain unobligated by reason of the completion or abandonment of any such Federal construction project shall be returned to this appropriation: Provided David Lasser, com- further, That no part of any appropriation contained in this Act shall be used to pay the compensation of David Lasser. (b) The funds provided in this section shall be available for (1) administration; (2) the prosecution of projects approved by the President under the provisions of the Emergency Relief Appropriation Acts of 1938, and 1939, and the Emergency Relief Appropriation Act, fiscal year 1941, as amended, and supplemented by Public Law 9, Seventy-seventh Congress; and (3) the prosecution of the following types of public projects, Federal and non-Federal, subject to the approval of the President, namely: Highways, roads, and streets; public buildings; parks, and other recreational facilities, including buildings therein; public utilities; electric transmission and distribution lines or systems to serve persons in rural areas, including projects sponsored by and for the benefit of nonprofit and cooperative associations; sewer systems, water supply, and purification systems; airports and other transportation facilities; facilities for the training of personnel in the operations and maintenance of air navigation and landing area facilities; flood control; drainage; irrigation, including projects sponsored by nonprofit irrigation companies or nonprofit irrigation associations organized and operating for community benefit; water conservation; soil conservation, including projects sponsored by soil conservation districts and other bodies duly organized under State law for soil erosion control and soil conservation, preference being given to projects which will contribute to the rehabilitation of individuals and an increase in the national income; forestation, reforestation, and other improvements of forest areas, including the establishment of fire lanes; fish, game, and other wildlife conservation; eradication of insect, plant, and fungus pests; the production of lime and marl for fertilizing soil for distribution to farmers under such conditions as may be determined by the sponsors of such projects under the provisions of State law; educational, professional, clerical, cultural, recreational, production, and service projects, including training for manual occupations in industries engaged in production for national-defense purposes, for nursing and purposes. for domestic service; aid to self-help and cooperative associations for the benefit of needy persons; and miscellaneous projects: Provided, That all persons employed on work projects shall, so far as prac- nearest project. ticable, be employed on projects nearest their respective homes. Training for defense Proviso. Limitation on use of funds for other than Increases allowed. Provisos. (c) The funds appropriated in this section, exclusive of those used for administrative expenses, shall be so administered that expenditure labor costs. authorizations for other than labor costs for all the work projects financed from such funds in any State, Territory, possession, or the District of Columbia shall not exceed an average for the fiscal year ending June 30, 1942, of $6 per month per worker, except that the Commissioner of Work Projects (hereinafter referred to as the "Commissioner") may authorize an increase in the average in cases where the increased cost of materials would have the effect of raising such average above $6 but in no event shall the increase in such average exceed the amount necessary to meet such increase in material costs and in no event shall such average exceed $7: Provided, That the funds appropriated in this section shall not be used for the ment purchases, etc. purchase of any construction equipment or machinery in any case in which such equipment or machinery can be rented at prices determined by the Commissioner to be reasonable, and his determinations, made in conformity with rules and regulations prescribed by him, shall be final and conclusive: Provided further, That not to exceed $45,000,000 of funds herein appropriated to the Work Projects naval importance. Administration may be used by the Commissioner to supplement the amounts so authorized for other than labor costs in any State, Territory, possession, or the District of Columbia in connection with the prosecution of projects which have been certified by the Secretary of War, and the Secretary of the Navy, respectively, as being important for military or naval purposes. (d) In administering the funds appropriated in this section, not to exceed three-fourths of the total cost of all non-Federal projects approved after January 1, 1940, to be undertaken within any State, Territory, possession, or the District of Columbia, with respect to which any such funds are used, shall be borne by the United States, and not less than one-fourth of such total cost shall be borne by the Use of funds for projects of military or Non-Federal proj ects. Allocation of cost. |