State and its political subdivisions, or by the Territory, possession, or the District of Columbia, as the case may be: Provided, That the provisions of this subsection shall not apply to projects (1) which have been certified by the Secretary of War and the Secretary of the Navy, respectively, as being important for military or naval purposes, or (2) which authorize necessary temporary measures to avert danger to life, property, or health in the event of disaster or grave emergency caused by flood, storm, fire, earthquake, drought, or similar cause. The facts constituting compliance with the requirements of this subsection shall be determined by the Commissioner, and his determinations, made in conformity with rules and regulations prescribed by him, shall be final and conclusive. (e) The funds appropriated in section 1 (a) hereof shall be available to provide, under regulations to be prescribed by the Commissioner, for medical and hospital facilities for work camp project employees and burial expenses of deceased work camp project employees, including the transportation of remains to place of burial: Provided, That deductions shall be made from the earnings of all project employees quartered in such camps in an amount sufficient to offset the estimated cost to the United States for furnishing the foregoing. (f) When it is found that as a result of bad faith, fraud, or misrepresentation on the part of the sponsor, any land, building, structure, facility, or other project, or any part thereof, upon which funds appropriated in this joint resolution have been expended, is used, transferred, or disposed of without retention and control for public use, the sponsor of the project and the person or organization to which the land, building, structure, facility, or project has been sold, leased, or given, shall be liable, jointly and severally, upon demand of the Commissioner or his duly authorized representative, to pay over to the United States an amount equal to the amount of Federal funds expended on such land, building, structure, facility, or project. (g) The amount which may be obligated for administrative expenses of the Work Projects Administration in the District of Columbia and in the field shall not exceed in the aggregate the sum of $35,466,000 during the fiscal year 1942, of which sum the amounts so to be obligated for the following respective purposes shall not exceed these sums: Salaries, $29,016,000; communication service, $500,000; travel, $2,800,000; and printing and binding, $300,000. (h) The Federal Works Administrator shall transmit to Congress, on the first day of each regular session thereof, a statement showing for each State the names, addresses, positions, and compensation of all employees of the Work Projects Administration whose compensation is at the rate of $1,200 per annum or more. For the purposes of this subsection, the term "State" shall include the Territories, possessions, and the District of Columbia. (i) The Work Projects Administration is hereby extended to June 30, 1942, to carry out the purposes of this joint resolution and the Commissioner, with the approval of the Federal Works Administrator, is authorized to prescribe such rules and regulations as may be necessary to carry out its functions in connection therewith. ADMINISTRATIVE AGENCIES SEC. 2. (a) In order to provide for administrative expenses incidental to carrying out the purposes of this joint resolution, there is hereby appropriated to the following agencies, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1942: (1) General Accounting Office, $1,400,000; and (2) Persons employed (b) The appropriations in this section shall not be used to pay the compensation of persons employed entirely upon the regular work upon regular work. (as distinguished from emergency work under appropriations in this section) of any department or agency, nor to pay the compensation of employees engaged partially upon such regular work unless, in the determination of the head of such department or agency (which determination shall be conclusive), offsetting employment upon such emergency work of such department or agency is performed by employees paid from the regular funds thereof. UNITED STATES EMPLOYEES' COMPENSATION COMMISSION SEC. 3. (a) In order to carry out the provisions of section 18 of this Act, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1942, $3,500,000, which sum shall be added to the appropriation "Employees' Compensation Fund, Emergency Relief" contained in subsection (b) of this section. Funds available. Reappropriations. 15 U. S. C., ch. 16 (note). 54 Stat. 611, 593. Post, p. 404. (b) Employees' compensation fund, emergency relief: The unexpended balance of the special funds set up on the books of the Treasury pursuant to the provisions of the Emergency Relief Appropriation Acts of 1935, 1936, 1937, 1938, 1939, and fiscal year 1941, and paragraph 18 of the "National Youth Administration Appropriation Act, 1941", shall be available for expenditure during the fiscal year ending June 30, 1942, and such balance combined with the appropriation in subsection (a) of this section shall be one fund available for the payment of compensation accruing under section 18 of this Act and under the other Acts enumerated in this subsection, including payments to Federal agencies for medical and hospital services and including advancement of costs for the enforcement of recoveries as provided in sections 26 and 27 of the Act of September 7, 1916, as made applicable to relief employments: Provided, That $700,000 of such combined appropriation shall be available during the fiscal year 1942 for administrative expenses and not to exceed $75,000 thereof penses. may be added to the appropriation in the "Employees' Compensation Commission Appropriation Act, 1942" for salaries and expenses of such Commission and be available for the purposes thereof: Provided further, That this appropriation shall not be limited in its use to the United States, its Territories and possessions, for payment of compensation benefits. GENERAL AND SPECIAL PROVISIONS SEC. 4. Funds appropriated in this joint resolution to the various Federal agencies shall be so apportioned and distributed over the period ending June 30, 1942, and shall be so administered during such period as to constitute the total amount that will be furnished to such agencies during such period for the purposes herein set forth. SEC. 5. The funds made available by this joint resolution shall be used only for work relief for employable persons in need except as otherwise specifically provided herein. 39 Stat. 747. Provisos. Post, p. 494. Use of funds. Apportionment and distribution of funds. Restriction. Allocation of funds to other Federal agen SEC. 6. (a) The Commissioner, with the approval of the Federal Works Administrator, is authorized to allocate not to exceed cies. $8,500,000 of the appropriation contained in section 1 (a) to other Provisos. Allocation to De ture. Federal agencies for the operation, under such rules and regulations as the Commissioner may prescribe, of projects of the type specified in subsection (b) of section 1 which are within the scope of the functions usually carried out by such agencies, including administrative expenses of such agencies incident to such operation: Provided, partment of Agricul- That $3,500,000 of such amount shall be allocated to the Department of Agriculture for the continuation during the calendar year 1941 of existing projects now under the jurisdiction of such Department: Provided further, That not to exceed 4 per centum of the total amount so allocated to any such agency shall be used for such administrative expenses: Provided further, That no project shall be prosecuted under any allocation under this subsection upon which the percentage of nonrelief persons employed exceeds 10 per centum of the total number of persons employed: Provided further, That not to exceed $576,000 of the appropriation contained in section 1 (a) hereof may be allocated, with the approval of the Director of the Bureau of the Budget, for administrative expenses of Federal agencies incident to the planning and review of Work Projects Administration projects. Administrative ex penses. Employment of non relief persons stricted. re Planning and re view of WPA projects. Allocation of funds before undertaking project. Non-Federal projects, requirement. tions. (b) 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 joint resolution unless and until there shall have been allocated and irrevocably set aside Federal funds sufficient for its completion. (c) No non-Federal project shall be undertaken or prosecuted under appropriations under this joint resolution unless and until the sponsor has made a written agreement to finance such part of the entire cost thereof as the Work Projects Administration determines under the circumstances is an adequate contribution taking into conRules and regula sideration the financial ability of the sponsor. The Commissioner shall prescribe rules and regulations relating to the valuation of contributions in kind by sponsors of projects through furnishing the use of their own facilities and equipment and the services of their own employees, which shall represent an actual cash value, and such rules and regulations shall also allow credit only to the extent that the furnishing of such contributions represents a financial burden which is undertaken by the sponsors on account of Work Projects Administration projects, or other sponsored projects. Construction buildings. funds. of SEC. 7. None of the funds made available by this joint resolution Restriction on use of shall be expended on the construction of any building (1) the total estimated cost of which, in the case of a Federal building, exceeds $100,000 from Federal funds, or (2) the portion of the total estimated cost of which payable from Federal funds, in the case of a nonFederal building, exceeds $100,000, unless the building is one (a) for which the project has been approved by the President on or prior to May 15, 1940, or for which an issue of bonds has been approved at an election held on or prior to such date, or for which a State legislature has made an appropriation on or prior to such date, or (b) for the completion of which funds have been allocated and irrevocably set aside under prior relief appropriation Acts: Provided, That the provisions of this section shall not apply to any 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. Proviso. Projects of military or naval importance. Contributions from sponsors of non-Federal projects. SEC. 8. (a) The Work Projects Administration is 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 Work Projects Administration. (b) All receipts and collections by reason of operations in consequence of appropriations made in this joint resolution, except cash contributions of sponsors of projects and amounts credited to revolving funds authorized by this joint resolution, shall be covered into the Treasury as miscellaneous receipts. (c) Except as authorized in this joint resolution, no allocation of funds shall be made to any other Federal agency from the appropriation in this joint resolution for any Federal agency. No such allocation shall be made for the exercise of the functions of the Radio Division or the United States Film Service transferred to the Office of Education of the Federal Security Agency. Disposition of receipts and collections. Restriction on allocation of funds. Monthly earning schedule. Differentials, re striction. Hours of work. Exemptions. Preference in employment. 54 Stat. 620. SEC. 9. (a) The Commissioner, subject to the approval of the Federal Works Administrator, shall fix a monthly earning schedule for persons engaged upon work projects financed in whole or in part from funds appropriated by section 1 which shall not substantially affect the current national average labor cost per person of the Work Projects Administration. Such monthly earning schedule shall not be varied for workers of the same type in different geographical areas to any greater extent than may be justified by differences in the cost of living. The Commissioner shall require that the hours of work for all persons engaged upon work projects financed in whole or in part by funds appropriated by section 1 shall (1) be one hundred and thirty hours per month except that the Commissioner, in his discretion, may require a lesser number of hours of work per month in the case of relief workers with no dependents and the earnings of such workers shall be correspondingly reduced, and, (2) not exceed eight hours in any day, and (3) not exceed forty hours in any week. (b) The Commissioner may authorize exemptions from the above limitations of monthly earnings and hours of work on projects certified as hereinbefore provided as being important for military or naval purposes; to protect work already done on a project; to permit making up lost time; in the case of an emergency involving the public welfare; and in the case of supervisory personnel employed on work projects. SEO. 10. (a) Section 15 (a) of the Emergency Relief Appropriation Act, fiscal year 1941, is hereby continued in effect for the month of July 1941. Effective on August 1, 1941, in employing or retaining in employment on Work Projects Administration work projects, preference shall be given to 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, except that discharged draft enrollees other than those with serviceconnected disability shall not be considered as veterans for the purposes of this subsection), and unmarried widows of any such veterans, and the wives of any such veterans who are unemployable, who have been certified as in need of employment by the Work Projects Administration or by any agency designated by it to so certify: Provided, That if the total monthly income from all sources of any such veteran or of the unmarried widow of any such veteran, or if need. the total combined monthly income from all sources of any such unemployable veteran and his wife, as determined by the Commissioner (whose determination shall be final and conclusive), is less than the monthly earnings the veteran, unmarried widow, or wife would receive if employed as a project worker of the Work Projects Administration, then such veteran, unmarried widow, or wife, as the case may be, shall be certified as in need of such employment, and when assigned to such employment he or she shall be employed for such period as will permit the total monthly income of such veteran or unmarried widow, or the total combined monthly income of such 278941-42-PT. I-26 War veterans, etc. Unmarried widows. Proviso. unemployable veteran and his wife, to be approximately equal to the amount which would be obtainable by full-time employment on any such project. Thereafter preference in such employment shall be given on the basis of relative needs, as far as practicable, to other American citizens, Indians, and other persons owing allegiance to the United States who are in need. (b) There shall be removed from employment on Work Projects Administration projects all relief workers, excepting blind persons, veterans, unmarried widows of such veterans and wives of such veterans as are unemployable, who have been continuously employed on such projects for more than eighteen months, and any relief worker so removed shall be ineligible to be restored to employment on such projects until after (1) the expiration of twenty days after the date of his removal, and (2) recertification of his eligibility for restoration to employment on such projects: Provided, That such workers shall be removed only in the numbers necessary to provide employment for employable persons with the same or similar job qualifications who have been certified for a period of three months or more as in need of Work Projects Administration project employment and who have not in such period been given employment on work projects. (c) In considering employment of persons upon work projects prosecuted under the appropriations contained in this joint resolution, the Work Projects Administration shall determine whether such persons are able to perform the work on work projects to which they can be assigned and no person shall be employed or retained for employment on any such project whose work habits are such or work record shows that he is incapable of performing satisfactorily the work to which he may be assigned on the project. (d) There shall be removed from employment on Work Projects Administration projects all relief workers whose needs for employment have not been certified by, and except as provided in section 10 (a) or in section 11 (b), no relief worker shall be employed on such projects until after his need for employment has been certified by (a) a local public certifying agency or (b) the Work Projects Administration where no such agency exists or where the Work Projects Administration certifies by reason of its refusal to accept certification by local public agencies. (e) No blind person receiving aid under the Social Security Act, as amended, shall be prohibited from temporarily relinquishing such aid to accept employment on a Work Projects Administration project. (f) No alien, no Communist, and no member of any Nazi Bund Organization shall be given employment or continued in employment on any work project prosecuted under the appropriations contained in this joint resolution and no part of the money appropriated in this joint resolution shall be available to pay any person who has not made or who does not make affidavit as to United States citizenship and to the effect that he is not a Communist and not a member of any Nazi Bund Organization, such affidavit to be considered prima facie evidence of such citizenship, and that he is not a Communist, and not a member of any Nazi Bund Organization. (g) The Commissioner shall cause a periodic investigation to be made of the rolls of certified employees on work projects, and shall eliminate from the rolls those not in actual need, such investigation to be made so that each case is investigated at least once in every twelve months. SEC. 11. (a) No person in need who refuses a bona fide offer of private or other public employment under reasonable working conditions which pays the prevailing wage for such work in the com |