<num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Section</inline> 1. </num> <content>The actions, regulations, rules, licenses, orders and<sidenote>Proclamations, orders, etc., issued since March 4, 1933; approval.Post, p. 343.Trading with the Enemy Act, amended.Vol. 40, pp. 415, 966, amended.Foreign exchange, export or hoarding of coin, bullion, etc.Regulatory powers of President during national emergency.</sidenote> proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by subdivision (b) of section 5 of the Act of October 6, 1917, as amended, are hereby approved and confirmed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <content>Subdivision (b) of section 5 of the Act of October 6, 1917 (40 Stat. L. 411), as amended, is hereby amended to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>During time of war or during any other period of national emergency declared by the President, the President may, through any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or payments by banking institutions as defined by the President, and export, hoarding, melting, or ear-marking of gold or silver coin or bullion or currency, by any person within the United States or any place subject to the jurisdiction thereof; and the President may require any person engaged in any<sidenote>Compulsory testimony, etc.</sidenote> transaction referred to in this subdivision to furnish under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or control of such person, either before or after such transaction is completed. Whoever willfully violates<sidenote>Punishment for violation.</sidenote> any of the provisions of this subdivision or of any license, order, rule or regulation issued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a natural person, may be imprisoned<page identifier="/us/stat/48/1" renderingPosition="bottom">1</page> <page identifier="/us/stat/48/2">2</page>for not more than ten years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both. <sidenote>“Person” construed.</sidenote>As used in this subdivision the term ‘person’ means an individual, partnership, association, or corporation.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num><sidenote>Federal Reserve Act, amended.Vol. 39, p. 752.</sidenote> <content class="inline">Section 11 of the Federal Reserve Act is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="n">“(n) </num><sidenote>Emergency impounding of gold.Authority of Secretary of Treasury.</sidenote> <content class="inline">Whenever in the judgment of the Secretary of the Treasury such action is necessary to protect the currency system of the United States, the Secretary of the Treasury, in his discretion, may require any or all individuals, partnerships, associations and corporations to pay and deliver to the Treasurer of the United States any or all gold coin, gold bullion, and gold certificates owned by such individuals, <sidenote>Exchange for any other form of currency, etc.</sidenote>partnerships, associations and corporations. Upon receipt of such gold coin, gold bullion or gold certificates, the Secretary of the Treasury shall pay therefor an equivalent amount of any other form of coin or currency coined or issued under the laws of <sidenote>Reimbursing transportation costs.</sidenote>the United States. The Secretary of the Treasury shall pay all costs of the transportation of such gold bullion, gold certificates, coin, or currency, including the cost of insurance, protection, and <sidenote>Hoarding, etc., deemed an offense.</sidenote>such other incidental costs as may be reasonably necessary. Any individual, partnership, association, or corporation failing to comply with any requirement of the Secretary of the Treasury made under <sidenote>Penalty.</sidenote>this subsection shall be subject to a penalty equal to twice the value of the gold or gold certificates in respect of which such failure occurred, and such penalty may be collected by the Secretary of the Treasury by suit or otherwise.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Sec</inline>. 4. </num><sidenote>Operations of the National Banking and Federal Reserve Systems.Emergency suspension, etc., provided for.</sidenote> <content class="inline">In order to provide for the safer and more effective operation of the National Banking System and the Federal Reserve System, to preserve for the people the full benefits of the currency provided for by the Congress through the National Banking System and the Federal Reserve System, and to relieve interstate commerce of the burdens and obstructions resulting from the receipt on an unsound or unsafe basis of deposits subject to withdrawal by check, during such emergency period as the President of the United States <sidenote>Proclamation.</sidenote>by proclamation may prescribe, no member bank of the Federal Reserve System shall transact any banking business except to such extent and subject to such regulations, limitations and restrictions as may be prescribed by the Secretary of the Treasury, with the <sidenote>Penalty for violation.</sidenote>approval of the President. Any individual, partnership, corporation, or association, or any director, officer or employee thereof, violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 or, if a natural person, may, in addition to such <sidenote>Each day a separate offense.</sidenote>fine, be imprisoned for a term not exceeding ten years. Each day that any such violation continues shall be deemed a separate offense.</content> </section>

1 THE
STATUTES AT LARGE

OF THE

UNITED STATES OF AMERICA

FROM

MARCH 1933 to JUNE 1934

CONCURRENT RESOLUTIONS

RECENT TREATIES AND CONVENTIONS, EXECUTIVE PROCLAMATIONS

AND AGREEMENTS, TWENTY-FIRST AMENDMENT

TO THE CONSTITUTION

EDITED, PRINTED, AND PUBLISHED BY AUTHORITY OF CONGRESS

UNDER THE DIRECTION OF THE SECRETARY OF STATE

VOL. XLVIII

IN TWO PARTS

Part 1—Public Acts and Resolutions.

Part 2—Private Acts and Resolutions, Concurrent Resolutions Treaties and Conventions, Executive Proclamations and Agreements, Twenty-first Amendment to the Constitution.

PART 1

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1934

For sale by the Superintendent of Documents, Washington, D. C. - - - - - - - - - - - - Price $4.00 (Buckram)

The original of every act and joint resolution printed in this volume from page 1 to page 311,
inclusive, has the following heading:

Seventy-third Congress of the United States of America;

At the First Session,

Begun and held at the city of Washington on Thursday, the ninth day of March,
one thousand nine hundred and thirty-three

The original of every act and joint resolution printed in this volume from page 313 to
page 1291, inclusive, has the following heading:

Seventy-third Congress of the United States of America;

At the Second Session,

Begun and held at the city of Washington on Wednesday, the third day of January,
one thousand nine hundred and thirty-four

All bills and joint resolutions presented to the President of the United States bear the signatures of the Speaker (or of the Speaker pro tempore) of the House of Representatives and of the Vice President and President of the Senate (or of the President of the Senate pro tempore); those signatures accordingly appear on the originals of all acts and joint resolutions.

The signature of the President of the United States appears on the originals of all approved acts and joint resolutions.

The original of every act and joint resolution has endorsed thereon a certificate of origin, signed, as the case may be, by the Clerk of the House of Representatives or by the Secretary of the Senate and reading “I certify that this Act (or Joint Resolution) originated in the House of Representatives (or Senate).” The origin of each act and resolution contained in this volume is indicated in the margin at the beginning of each enactment; thus, for example, H.R. 1491 or H.J. Res. 75 indicates origin in the House of Representatives; and S. 598 or S. J.Res. 14 indicates origin in the Senate.

iii

PUBLIC LAWS
of the
UNITED STATES OF AMERICA

passed by the

SEVENTY-THIRD CONGRESS

1933–1934

v LIST
of the
PUBLIC ACTS AND RESOLUTIONS OF CONGRESS Contained in this Volume THE SEVENTY-THIRD CONGRESS OF THE UNITED STATES First Session, 1933 Page. Emergency, banking relief; Bank Conservation Act. AN ACT To provide relief in the existing national emergency in banking, and for other purposes March 9, 19331 Legislative expenses. JOINT RESOLUTION To provide for certain expenses incident to the first session of the Seventy-third Congress March 17, 19338 United States Government, maintain credit of. AN ACT To maintain the credit of the United States Government March 20, 19338 Revenue taxes on certain nonintoxicating liquor. AN ACT To provide revenue by the taxation of certain nonintoxicating liquor, and for other purposes March 22, 193316 Earthquake, etc., relief. JOINT RESOLUTION To authorize the Reconstruction Finance Corporation to make loans for financing the repair or reconstruction of buildings damaged by earthquake in 1933 March 23, 193320 Direct loans to State banks, etc. AN ACT To provide for direct loans by Federal reserve banks to State banks and trust companies in certain cases, and for other purposes March 24, 193320 Swimming exercise tank. JOINT RESOLUTION To provide for the acceptance of sums donated for the construction of a swimming exercise tank for the use of the President March 30, 193322 Unemployment relief. AN ACT For the relief of unemployment through the performance of useful public work, and for other purposes March 31, 193322 Medicinal liquor prescriptions. AN ACT Relating to the prescribing of medicinal liquors March 31, 193323 District of Columbia, beer, etc., tax. AN ACT To provide revenue for the District of Columbia by the taxation of beverages, and for other purposes April 5, 193325 Pages, Senate and House of Representatives. JOINT RESOLUTION To provide for the payment of pages for the Senate and House of Representatives for the first session of the Seventy-third Congress April 14, 193329 Bridge, Allegheny River. AN ACT Granting the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a free highway bridge across the Allegheny River at or near Parkers Landing in the county of Armstrong, Commonwealth of Pennsylvania April 29, 193329 Bridge, Allegheny River. AN ACT Granting the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a free highway bridge across the Allegheny River, at a point near the Forest-Venango County line, in Tionesta Township, and in the county of Forest, and in the Commonwealth of Pennsylvania April 29, 193330 Crop production loans. JOINT RESOLUTION To amend section 2 of the Act approved February 4, 1933, to provide for loans to farmers for crop production and harvesting during the year 1933, and for other purposes May 1, 193330 Pan American Petroleum Company, etc. JOINT RESOLUTION Authorizing the Attorney General, with the concurrence of the Secretary of the Navy, to release claims of the United States upon certain assets of the Pan American Petroleum Company and the Richfield Oil Company of California and others in connection with collections upon a certain judgment in favor of the United States against the Pan American Petroleum Company heretofore duly entered May 3, 193330 Agricultural Adjustment Act. AN ACT To relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes May 12, 193331 Bridge, Missouri River. AN ACT To extend the time for completing the construction of a bridge across the Missouri River at or near Kansas City, Kansas May 12, 193354 Bridges, Pee Dee and Waccamaw Rivers. AN ACT To extend the times for commencing and completing the construction of a bridge across the Pee Dee River and a bridge across the Waccamaw River, both at or near Georgetown, South Carolina May 12, 193354 Bridge, Waccamaw River. AN ACT To extend the time for commencing and completing the construction of a bridge across the Waccamaw River near Conway, South Carolina May 12, 193355vi Bridge, Mahoning River. AN ACT Granting the consent of Congress to the Board of County Commissioners of Mahoning County, Ohio, to construct a free overhead viaduct across the Mahoning River at Struthers, Mahoning County, Ohio May 12, 193355 Federal Emergency Relief Act of 1933. AN ACT To provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by unemployment, and for other purposes May 12, 193355 Grand juries. AN ACT To amend section 1025 of the Revised Statutes of the United States May 18, 193358 Tennessee Valley Authority Act of 1933. AN ACT To improve the navigability and to provide for the flood control of the Tennessee River; to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley; to provide for the national defense by the creation of a corporation for the operation of Government properties at and near Muscle Shoals in the State of Alabama, and for other purposes May 18, 193358 Mining claims, assessments. AN ACT Providing for the suspension of annual assessment work on mining claims held by location in the United States and Alaska May 18, 193372 Bank Conservation Act, correction. AN ACT To amend section 207 of the Bank Conservation Act with respect to bank reorganizations May 20, 193372 National banks, loans, etc. AN ACT To amend sections 5200 and 5202 of the Revised Statutes, as amended, to remove the limitations on national banks in certain cases May 20, 193372 National Maritime Day. JOINT RESOLUTION Designating May 22 as National Maritime Day May 20, 193373 Naval, Military, and Coast Guard Academies, Graduates. AN ACT To confer the degree of bachelor of science upon graduates of the Naval, the Military, and the Coast Guard Academies May 25, 193373 Securities Act of 1933. AN ACT To provide full and fair disclosure of the character of securities sold in interstate and foreign commerce and through the mails, and to prevent frauds in the sale thereof, and for other purposes May 27, 193374 Bridge, Northwest River. AN ACT Granting the consent of Congress to the State Highway Commission of Virginia to replace and maintain a bridge across Northwest River in Norfolk County, Virginia, on State Highway Route Numbered 27 May 27, 193396 Bridge, Staunton and Dan Rivers. AN ACT Granting the consent of Congress to the State Highway Commission of Virginia to maintain a bridge already constructed to replace a weak structure in the same location, across the Staunton and Dan Rivers, in Mecklenburg County, Virginia, on United States Route Numbered 15 May 27, 193396 Bridge, Savannah River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Savannah River at or near Burtons Ferry, near Sylvania, Georgia May 27, 193396 Appropriations, third deficiency Act, 1933. AN ACT Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933, and June 30, 1934, and for other purposes May 29, 193397 Choctaw County, Oklahoma, tuition of Indians. AN ACT To authorize the Comptroller General to allow claim of district numbered 13, Choctaw County, Oklahoma, for payment of tuition for Indian pupils May 29, 1933105 Bridge, Missouri River. JOINT RESOLUTION Granting the consent of Congress to a compact or agreement between the State of Kansas and the State of Missouri authorizing the acceptance for and on behalf of the States of Kansas and Missouri of title to a toll bridge across the Missouri River from a point in Platte County, Missouri, to a point at or near Kansas City, in Wyandotte County, Kansas, and specifying the conditions thereof May 29, 1933105 Indian pueblos in New Mexico. AN ACT To authorize appropriations to pay in part the liability of the United States to the Indian pueblos herein named, under the terms of the Act of June 7, 1924, and the liability of the United States to non-Indian claimants on Indian pueblo grants whose claims, extinguished under the Act of June 7, 1924, have been found by the Pueblo Lands Board to have been claims in good faith; to authorize the expenditure by the Secretary of the Interior of the sums herein authorized and of sums heretofore appropriated, in conformity with the Act of June 7, 1924, for the purchase of needed lands and water rights and the creation of other permanent economic improvements as contemplated by said Act; to provide for the protection of the watershed within the Carson National Forest for the Pueblo de Taos Indians of New Mexico and others interested, and to authorize the Secretary of Agriculture to contract relating thereto and to amend the Act approved June 7, 1924, in certain respects May 31, 1933108 Menominee Indians, Wis., per capita payment. AN ACT Authorizing a per capita payment of $100 to the members of the Menominee Tribe of Indians of Wisconsin from funds on deposit to their credit in the Treasury of the United States June 3, 1933112 Military Academy, Posheng Yen. JOINT RESOLUTION Authorizing the Secretary of War to receive for instruction at the United States Military Academy at West Point, Posheng Yen, a citizen of China June 5, 1933112vii Uniform value of coins and currencies. JOINT RESOLUTION To assure uniform value to the coins and currencies of the United States June 5, 1933112 National cooperative employment service. AN ACT To provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes June 6, 1933113 Testimony before international tribunals. AN ACT To amend the Act approved July 3, 1930 (46 Stat. 1005), authorizing commissioners or members of international tribunals to administer oaths, and so forth June 7, 1933117 The Dalles Bridge Company. AN ACT To amend an Act (Public, Numbered 431, Seventy-second Congress) to identify The Dalles Bridge Company June 9, 1933118 Bridge, Ohio River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Owensboro, Kentucky June 9, 1933118 Stock-raising homesteads. AN ACT Amending section 1 of the Act entitled “An Act to provide for stock-raising homesteads, and for other purposes”, approved December 29, 1916 (ch. 9, par. 1, 39 Stat. 862), and as amended February 28, 1931 (ch. 328, 46 Stat. 1454) June 9, 1933119 Insurance companies, laws, etc. AN ACT To authorize the Reconstruction Finance Corporation to subscribe for preferred stock and purchase the capital notes of insurance companies, and for other purposes June 10, 1933119 Bridge, Deeps Creek, Del. AN ACT Granting the consent of Congress to the Levy Court of Sussex County, Delaware, to reconstruct, maintain, and operate a free highway bridge across the Deeps Creek at Cherry Tree Landing, Sussex County, Delaware June 10, 1933122 Government records. AN ACT For the protection of Government records June 10, 1933122 Naval Academy graduates, pay. AN ACT To amend existing law in order to obviate the payment of one year’s sea pay to surplus graduates of the Naval Academy June 10, 1933123 American apples and pears. AN ACT To promote the foreign trade of the United States in apples and/or pears, to protect the reputation of American-grown apples and pears in foreign markets, to prevent deception or misrepresentation as to the quality of such products moving in foreign commerce, to provide for the commercial inspection of such products entering such commerce, and for other purposes June 10, 1933123 Settlement of war claims, extension. JOINT RESOLUTION Extending for one year the time within which American claimants may make application for payment, under the Settlement of War Claims Act of 1928, of awards of the Mixed Claims Commission and of the Tripartite Claims Commission June 12, 1933125 Construction of boilers, etc. AN ACT To amend sections 4399, 4418, 4428, 4429, 4430, 4431, 4432, 4433, and 4434 of the Revised Statutes, as amended, relating to the construction and inspection of boilers, unfired pressure vessels and the appurtenances thereof June 13, 1933125 Unidentifiable bank notes. AN ACT To provide for the redemption of national-bank notes, Federal Reserve bank notes, and Federal Reserve notes which cannot be identified as to the bank of issue June 13, 1933127 Ouachita National Forest, Ark. AN ACT To authorize the creation of a game refuge in the Ouachita National Forest in the State of Arkansas June 13, 1933128 Home Owners’ Loan Act of 1933. AN ACT To provide emergency relief with respect to home mortgage indebtedness, to refinance home mortgages, to extend relief to the owners of homes occupied by them and who are unable to amortize their debt elsewhere, to amend the Federal Home Loan Bank Act, to increase the market for obligations of the United States and for other purposes June 13, 1933128 Bridge, Umpqua River. AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across the Umpqua River at or near Reedsport, Douglas County, Oregon June 13, 1933135 Bridge, Yaquina Bay. AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across Yaquina Bay at or near Newport, Lincoln County, Oregon June 13, 1933136 Bridge, Coos Bay. AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across Coos Bay at or near North Bend, Coos County, Oregon June 13, 1933137 Bridge, Siuslaw River. AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across the Siuslaw River at or near Florence, Lane County, Oregon June 13, 1933137 Bridges, navigable waters in Monroe County, Fla. AN ACT Granting the consent of Congress to the Overseas Road and Toll Bridge District, a political subdivision of the State of Florida, to construct, maintain, and operate bridges across the navigable waters in Monroe County, Florida, from Lower Matecumbe Key to No Name Key June 13, 1933138 Death Valley National Monument, Calif., mining laws. AN ACT To extend the mining laws of the United States to the Death Valley National Monument in California June 13, 1933139 Great Lakes Bridge Commission Act, amendments. AN ACT To amend an Act entitled “An Act creating the Great Lakes Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Saint Clair River at or near Port Huron, Michigan”, approved June 25, 1930, and to extend the times for commencing and completing construction of said bridge June 13, 1933139viii Closed building and loan associations, loans. AN ACT To amend the Reconstruction Finance Corporation Act, as amended, to provide for loans to closed building and loan associations June 14, 1933141 Bridge, Saint Lawrence River. AN ACT Creating the Saint Lawrence Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Saint Lawrence River at or near Ogdensburg, New York June 14, 1933141 Seminole Indians, Okla., per capita payments. AN ACT Providing for per capita payments to the Seminole Indians in Oklahoma from funds standing to their credit in the Treasury June 15, 1933146 U.S. Courts, Florida southern district. AN ACT Providing for the establishment of a term of the District Court of the United States for the Southern District of Florida at Orlando, Florida June 15, 1933147 Right of way, Celilo Canal, Oreg. AN ACT To authorize the Secretary of War to grant a right of way to The Dalles Bridge Company June 15, 1933147 Emergency banking relief, amendment. AN ACT To amend the Act entitled “An Act to provide relief in the existing national emergency in banking, and for other purposes”, approved March 9, 1933 June 15, 1933147 U.S. Courts, Connecticut district. AN ACT Amending section 74 of the Judicial Code, as amended (U.S.C., Annotated, title 28, sec. 147) June 15, 1933148 Bridge, Alsea Bay, Oreg. AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across Alsea Bay at or near Waldport, Lincoln County, Oregon June 15, 1933148 Texas centennial, 1936. AN ACT To authorize the coinage of 50-cent pieces in commemoration of the one hundredth anniversary in 1936 of the independence of Texas, and of the noble and heroic sacrifices of her pioneers, whose revered memory has been an inspiration to her sons and daughters during the past century June 15, 1933149 Ship Island Military Reservation, Miss. AN ACT Providing for the sale to Joe Graham Post Numbered 119, American Legion, of the lands lying within the Ship Island Military Reservation in the State of Mississippi June 15, 1933150 Bridge, Monongahela River. AN ACT Authorizing Farris Engineering Company, its successors and assigns, to construct, maintain, and operate a bridge across the Monongahela River at or near California, Pennsylvania June 15, 1933150 Offenses on Federal territory. AN ACT To amend section 289 of the Criminal Code June 15, 1933152 Bridge, Missouri River. AN ACT Granting the consent of Congress to the city of Washington, Missouri, to construct, maintain, and operate a toll bridge across the Missouri River at or near Washington, Missouri June 15, 1933152 National Defense Act, amendments. AN ACT To amend the National Defense Act of June 3, 1916, as amended June 15, 1933153 Bridge, Lake Champlain. AN ACT To revive and reenact the Act entitled “An Act authorizing Jed P. Ladd, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across Lake Champlain from East Alburg, Vermont, to West Swanton, Vermont”, approved March 2, 1929 June 15, 1933162 Banking Act of 1933. AN ACT To provide for the safer and more effective use of the assets of banks, to regulate interbank control, to prevent the undue diversion of funds into speculative operations, and for other purposes June 16, 1933162 National Industrial Recovery Act. AN ACT To encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works, and for other purposes June 16, 1933195 Emergency Railroad Transportation Act, 1933. AN ACT To relieve the existing national emergency in relation to interstate railroad transportation, and to amend sections 5, 15a, and 19a of the Interstate Commerce Act, as amended June 16, 1933211 Bridge, French Broad River. AN ACT To extend the times for commencing and completing the construction of a bridge across the French Broad River on the proposed Morristown-Newport Road between Jefferson and Cocke Counties, Tennessee June 16, 1933222 Appropriations, District of Columbia, fiscal year 1934. AN ACT Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1934, and for other purposes June 16, 1933222 U.S. Courts, Tennessee middle district. AN ACT To transfer Bedford County from the Nashville division to the Winchester division of the middle Tennessee judicial district June 16, 1933253 Chippewa Indians, Minn., Red Lake Band. AN ACT Providing for payment of $50 to each enrolled Chippewa Indian of the Red Lake Band of Minnesota from the timber funds standing to their credit in the Treasury of the United States June 16, 1933254 Internal revenue, gasoline tax, postage rates, etc. AN ACT To extend the gasoline tax for one year, to modify postage rates on mail matter, and for other purposes June 16, 1933254 U.S. Courts, probationers. AN ACT To amend the probation law June 16, 1933256 Farm Credit Act of 1933. AN ACT To provide for organizations within the Farm Credit Administration to make loans for the production and marketing of agricultural products, to amend the Federal Farm Loan Act, to amend the Agricultural Marketing Act, to provide a market for obligations of the United States, and for other purposes June 16, 1933257ix Public lands, homestead entries. AN ACT To extend the provisions of the Act entitled “An Act to extend the period of time during which final proof may be offered by homestead entrymen”, approved May 13, 1932, to desert-land entrymen, and for other purposes June 16, 1933274 Appropriations, fourth deficiency Act, 19S3. AN ACT Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933, and June 30, 1934, and for other purposes June 16, 1933274 Appropriations, Independent Offices, etc., fiscal year 1934. AN ACT Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes June 16, 1933283 Ninth judicial circuit, filling vacancy. AN ACT To remove the limitation on the filling of the vacancy in the office of senior circuit judge for the ninth judicial circuit June 16, 1933310 U.S. Courts, survival of civil actions. AN ACT To provide for the survival of certain actions in favor of the United States June 16, 1933311 Indian timber lands. AN ACT To amend Public Act Numbered 435 of the Seventy-second Congress, relating to sales of timber on Indian land June 16, 1933311 Oklahoma, beer. AN ACT To legalize the manufacture, sale, or possession of 3.2 percentum beer in the State of Oklahoma when and if the same is legalized by a majority vote of the people of Oklahoma or by act of the Legislature of the State of Oklahoma June 16, 1933311 Second Session, 1934 Liquor Taxing Act of 1934. AN ACT To raise revenue by taxing certain intoxicating liquors, and for other purposes January 11, 1934313 Appropriations, expenses, 2d sess., 73d Congress. JOINT RESOLUTION To provide for certain expenses incident to the second session of the Seventy-third Congress January 18, 1934318 Reconstruction Finance Corporation, functions continued. AN ACT To continue the functions of the Reconstruction Finance Corporation, to provide additional funds for the Corporation, and for other purposes January 20, 1934318 District of Columbia, Alcoholic Beverage Control Act. AN ACT To control the manufacture, transportation, possession, and sale of alcoholic beverages in the District of Columbia January 24, 1934319 Agricultural Adjustment Act, contracts. AN ACT Relating to contracts and agreements under the Agricultural Adjustment Act January 25, 1934337 Gold Reserve Act of 1934. AN ACT To protect the currency system of the United States, to provide for the better use of the monetary gold stock of the United States, and for other purposes January 30, 1934337 Federal Farm Mortgage Corporation Act. AN ACT To provide for the establishment of a corporation to aid in the refinancing of farm debts, and for other purposes January 31, 1934344 District of Columbia, Alcoholic Beverage Control Act, appropriation. JOINT RESOLUTION To provide appropriations to carry into effect the Act entitled “An Act to control the manufacture, transportation, possession, and sale of alcoholic beverages in the District of Columbia”, approved January 24, 1934 February 2, 1934349 Desert-land entries, public lands. AN ACT To amend an Act approved March 4, 1929 (45 Stat. 1548), entitled “An Act to supplement the last three paragraphs of section 5 of the Act of March 4, 1915 (38 Stat. 1161), as amended by the Act of March 21, 1918 (40 Stat. 458)” February 14, 1934349 Deschutes County, Oreg., school district. AN ACT Authorizing the conveyance of certain lands to School District Numbered 28, Deschutes County, Oregon February 14, 1934350 Fort Lowell Military Reservation, homestead entries. AN ACT To provide for extension of time for making deferred payments on homestead entries in the abandoned Fort Lowell Military Reservation, Arizona February 14, 1934350 Wyoming, school lands. AN ACT To amend section 5 of the Act approved July 10, 1890 (28 Stat. 664), relating to the admission into the Union of the State of Wyoming February 15, 1934350 Federal Emergency Relief Act, appropriation. AN ACT Making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the Civil-Works program, and for other purposes February 15, 1934351 District of Columbia, banking regulations. AN ACT To amend the Act of March 4, 1933, relating to the regulation of banking in the District of Columbia February 16, 1934352 Mount Pleasant Indian School. AN ACT Granting certain property to the State of Michigan for institutional purposes February 19, 1934353 Washington Home for Foundlings, D.C. AN ACT To authorize an increase in the number of directors of the Washington Home for Foundlings February 20, 1934353 Crop-production loans. AN ACT To provide for loans to farmers for crop production and harvesting during the year 1934, and for other purposes February 23, 1934354 Bridge, Delaware River. AN ACT To extend the time for completing the construction of a bridge across the Delaware River near Trenton, New Jersey February 24, 1934355x Noxubee River, Noxubee County, Miss., nonnavigable. AN ACT To declare Noxubee River in Noxubee County, Mississippi, to be a nonnavigable stream February 24, 1934356 Bridge, Youngs Bay, Oreg. AN ACT Granting the consent of Congress to the State of Oregon to maintain a bridge already constructed across Youngs Bay near the city of Astoria, Oregon February 24, 1934356 Bridge, Missouri River. AN ACT To extend the time for completing the construction of a bridge across the Missouri River at or near South Omaha, Nebraska February 24, 1934356 Bridge, Delaware River. AN ACT Authorizing the State of Pennsylvania and the State of New Jersey to construct, maintain, and operate a toll bridge across the Delaware River at a point between Easton, Pennsylvania, and Phillipsburg, New Jersey February 24, 1934356 Bridge, Missouri River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Weldon Spring, Missouri February 24, 1934357 Bridge, Des Moines River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Des Moines River at or near Saint Francisville, Missouri February 24, 1934358 Bridge, Mississippi River. AN ACT Authorizing the City of Hannibal, Missouri, its successors and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near the City of Hannibal, Marion County, Missouri February 24, 1934358 Bridge, Saint Lawrence River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Saint Lawrence River at or near Alexandria Bay, New York February 26, 1934360 Federal Farm Mortgage Corporation Act, amendment. AN ACT To amend subsection (b) of section 12 of the Act entitled “An Act to provide for the establishment of a corporation to aid in the refinancing of farm debts, and for other purposes”, approved January 31, 1934 February 26, 1934360 Puerto Rico and Virgin Islands, prohibition laws. AN ACT To repeal Federal Liquor prohibition laws to the extent they are in force in Puerto Rico and the Virgin Islands, and for other purposes March 2, 1934361 Appropriations, Interior Department, fiscal year 1935. AN ACT Making appropriations for the Department of the Interior for the fiscal year ending June 30, 1935, and for other purposes March 2, 1934362 American shipwrecked merchant seamen. AN ACT To provide for the care and transportation of seamen from shipwrecked fishing and whaling vessels March 5, 1934395 Bridge, Missouri River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Farnam Street, Omaha, Nebraska March 5, 1934395 Bridge, Mississippi River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Mississippi River between New Orleans and Gretna, Louisiana March 5, 1934396 Intoxicating liquors in former Indian Territory. AN ACT To repeal certain specific Acts of Congress and an amendment thereto enacted to regulate the manufacture, sale, or possession of intoxicating liquors in the Indian Territory, now a part of the State of Oklahoma March 5, 1934396 Distinguished Service Cross. AN ACT To award the Distinguished Service Cross to former holders of the certificate of merit, and for other purposes March 5, 1934396 International Petroleum Exposition, Okla. JOINT RESOLUTION Authorizing the President to invite the States of the Union and foreign countries to participate in the International Petroleum Exposition at Tulsa, Oklahoma, to be held May 12 to May 19, 1934, inclusive March 5, 1934397 Timber sales, Indian lands. JOINT RESOLUTION To amend Public Act Numbered 81 of the Seventy-third Congress, relating to the sale of timber on Indian land March 5, 1934397 Federal Reserve notes. AN ACT To extend the period during which direct obligations of the United States may be used as collateral security for Federal Reserve notes March 6, 1934398 Dams, Yaquina Bay and River. AN ACT To revive and reenact the Act entitled “An Act granting the consent of Congress to the Mill Four Drainage District in Lincoln County, Oregon, to construct, maintain, and operate dams and dikes to prevent the flow of waters of Yaquina Bay and River into Nutes Slough, Boones Slough, and sloughs connected therewith”, approved June 17, 1930 March 8, 1934398 Proceedings in criminal cases after verdict. AN ACT To amend an Act entitled “An Act to give the Supreme Court of the United States authority to prescribe rules of practice and procedure with respect to proceedings in criminal cases after verdict” March 8, 1934399 Plattsburgh Barracks and Military Reservation. AN ACT To authorize the Secretary of War to sell to the Plattsburgh National Bank and Trust Company a tract of land comprising part of the Plattsburgh Barracks Military Reservation, New York March 10, 1934399 Pennsylvania, Department of Forests and Waters. AN ACT To authorize the Department of Agriculture to issue a duplicate check in favor of Department of Forests and Waters, Commonwealth of Pennsylvania, the original check having been lost March 10, 1934400xi Fish and game sanctuaries. AN ACT To establish fish and game sanctuaries in the national forests March 10, 1934400 Conservation of wild life, etc. AN ACT To promote the conservation of wild life, fish, and game, and for other purposes March 10, 1934401 Crop production loans, appropriation. JOINT RESOLUTION To provide an appropriation to carry into effect the Act entitled “An Act to provide for loans to farmers for crop production and harvesting during the year 1934, and for other purposes”, approved February 23, 1934 March 10, 1934402 Appropriations, Navy Department, etc., fiscal year 1935. AN ACT Making appropriations for the Navy Department and the naval service for the fiscal year ending June 30, 1935, and for other purposes March 15, 1934403 Appropriations, Treasury and Post Office Departments, fiscal year 1935. AN ACT Making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1935, and for other purposes March 15, 1934425 Migratory Bird Conservation Act, amendment. AN ACT To supplement and support the Migratory Bird Conservation Act by providing funds for the acquisition of areas for use as migratory-bird sanctuaries, refuges, and breeding grounds, for developing and administering such areas, for the protection of certain migratory birds, for the enforcement of the Migratory Bird Treaty Act and regulations thereunder, and for other purposes March 16, 1934451 District of Columbia-Virginia boundary line. AN ACT To provide for the appointment of a commission to establish the boundary line between the District of Columbia and the Commonwealth of Virginia March 21, 1934453 Fugitives, extradition. AN ACT To provide for the removal of American citizens and nationals accused of crime to and from the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction March 22, 1934454 Philippine Independence Act. AN ACT To provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the Philippine Islands, and for other purposes March 24, 1934459 Alaska, date of certain elections; meeting of legislature, etc. AN ACT Fixing the date for holding elections of a Delegate from Alaska to the House of Representatives and of members of the Legislature of Alaska; fixing the date on which the Legislature of Alaska shall hereafter meet; prescribing the personnel of the territorial canvassing board, defining its duties, and for other purposes March 26, 1934465 Foreign Service officers, losses due to foreign currency appreciation. AN ACT To authorize annual appropriations to meet losses sustained by officers and employees of the United States in foreign countries due to appreciation of foreign currencies in their relation to the American dollar, and for other purposes March 26, 1934466 Hawaii, repeal of prohibition laws. AN ACT To repeal Federal liquor prohibition laws to the extent they are in force in the Territory of Hawaii March 26, 1934467 Appropriations, Department of Agriculture, etc., fiscal year 1935. AN ACT Making appropriations for the Department of Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1935, and for other purposes March 26, 1934467 Reconstruction Finance Corporation, exports. JOINT RESOLUTION Requiring agricultural or other products to be shipped in vessels of the United States where the Reconstruction Finance Corporation or any other instrumentality of the Government finances the exporting of such products March 26, 1934500 Indian irrigation projects. AN ACT To further extend the operation of the Act entitled “An Act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law” approved April 1, 1932 March 27, 1934500 Five Civilized Tribes, records. AN ACT To authorize the Secretary of the Interior to place with the Oklahoma Historical Society, at Oklahoma City, Oklahoma, as custodian for the United States, certain records of the Five Civilized Tribes, and of other Indian tribes in the State of Oklahoma, under rules and regulations to be prescribed by him March 27, 1934501 Sitka, Alaska, abandoned buildings and grounds. AN ACT Granting abandoned public buildings and grounds at Sitka, Alaska, to the Territory of Alaska, and for other purposes March 27, 1934502 Naval vessels, construction, etc. AN ACT To establish the composition of the United States Navy with respect to the categories of vessels limited by the treaties signed at Washington, February 6, 1922, and at London, April 22, 1930, at the limits prescribed by those treaties, to authorize the construction of certain naval vessels; and for other purposes March 27, 1934503 District of Columbia building, etc., associations. AN ACT To amend the Code of Laws for the District of Columbia, approved March 3, 1901, as amended (D.C. Code, title 5, ch. 3), relating to building and loan associations March 27, 1934506 District of Columbia, electrifying steam railroads. AN ACT To authorize steam railroads to electrify their lines within the District of Columbia, and for other purposes March 27, 1934506 Bridge, Mississippi River. AN ACT Granting the consent of Congress to the Louisiana Highway Commission to construct, maintain, and operate a bridge across the Mississippi River at or near Baton Rouge, Louisiana March 27, 1934507xii United States title to lands in the territories. AN ACT To prevent the loss of the title of the United States to lands in the territories or territorial possessions through adverse possession or prescription March 27, 1934507 Airmail, equipment, etc. AN ACT To authorize the Postmaster General to accept and use equipment, landing fields, men, and material of the War Department, for carrying the mails by air, and for other purposes March 27, 1934508 Appropriations, Independent Offices, fiscal year 1935. AN ACT Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935, and for other purposes March 28, 1934509 Agricultural Adjustment Act, amendments. AN ACT To amend the Agricultural Adjustment Act so as to include cattle and other products as basic agricultural commodities, and for other purposes April 7, 1934528 Appropriations, State, Justice, Commerce, and Labor Departments, fiscal year 1935. AN ACT Making appropriations for the Departments of State and Justice and for the judiciary, and for the Departments of Commerce and Labor, for the fiscal year ending June 30, 1935, and for other purposes April 7, 1934529 United States interest-bearing bonds. AN ACT To amend section 3702, Revised Statutes April 9, 1934571 Bridge, Missouri River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Missouri April 9, 1934572 Bridge, Minnesota River. AN ACT Granting the consent of Congress to the State of Minnesota, and Scott County and Carver County, in the State of Minnesota, to construct, maintain, and operate a bridge across the Minnesota River at or near Jordan, Minnesota April 9, 1934572 Bridge, Saint Louis River. AN ACT Granting the consent of Congress to the Highway Department of the State of Minnesota to construct, maintain, and operate a free highway bridge across the Saint Louis River at or near Cloquet, Minnesota April 9, 1934573 Bridge, Mississippi River. AN ACT Granting the consent of Congress to the Highway Department of the State of Minnesota to construct, maintain, and operate a free highway bridge across the Mississippi River at or near the southerly end of Lake Bemidji, Minnesota April 9, 1934573 Bridge, Cumberland River. AN ACT Granting the consent of Congress to the Highway Department of the State of Tennessee to construct, maintain, and operate a free highway bridge across the Cumberland River at or near Carthage, Smith County, Tennessee April 9, 1934573 District of Columbia, Independence Avenue. AN ACT To change the name of B Street southwest in the District of Columbia April 13, 1934574 Foreign governments in default. AN ACT To prohibit financial transactions with any foreign government in default on its obligations to the United States April 13, 1934574 District of Columbia, sale of certain property. AN ACT Authorizing the sale of certain property no longer required for public purposes in the District of Columbia April 13, 1934574 District of Columbia, Whitehaven Parkway. AN ACT To readjust the boundaries of Whitehaven Parkway at Huidekoper Place in the District of Columbia, provide for an exchange of land, and for other purposes April 13, 1934575 Bridge, Columbia River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Columbia River at or near Astoria, Oregon April 13, 1934576 Greene County, Mo., easement. AN ACT Granting an easement over certain lands to the Springfield Special Road District in the county of Greene, State of Missouri, for road purposes April 13, 1934576 Bridge, Ohio River. AN ACT Creating the Cairo Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Ohio River at or near Cairo, Illinois April 13, 1934577 Department of Labor, statistical studies. AN ACT To authorize the Department of Labor to make special statistical studies upon payment of the cost thereof, and for other purposes April 13, 1934582 Alaska, repeal of prohibition laws. AN ACT To repeal an Act of Congress entitled “An Act to prohibit the manufacture or sale of alcoholic liquors in the Territory of Alaska, and for other purposes", approved February 14, 1917, and for other purposes April 13, 1934583 Perishable Agricultural Commodities Act, amendments. AN ACT To amend the Act known as the “Perishable Agricultural Commodities Act, 1930” approved June 10, 1930 April 13, 1934584 Flood damage, etc., relief. AN ACT Authorizing the Reconstruction Finance Corporation to make loans to nonprofit corporations for the repair of damages caused by floods or other catastrophes, and for other purposes April 13, 1934589 Fremont National Forest, Oreg. AN ACT To authorize the revision of the boundaries of the Fremont National Forest in the State of Oregon April 14, 1934590 Weirton Steel Company, counsel. AN ACT Limiting the operation of sections 109 and 113 of the Criminal Code and section 190 of the Revised Statutes of the United States with respect to counsel in the case of United States of America against Weirton Steel Company and other cases April 14, 1934590xiii Electrical energy, rates investigation. JOINT RESOLUTION Authorizing necessary funds to conduct investigation regarding rates charged for electrical energy and to prepare report thereon April 14, 1934591 District of Columbia, degree-conferring institutions. AN ACT To amend section 586c of the Act entitled “An Act to amend subchapter 1 of chapter 18 of the Code of Laws for the District of Columbia relating to degree-conferring institutions”, approved March 2, 1929 April 16, 1934592 District of Columbia, compensation insurance. AN ACT To amend the Code of Law for the District of Columbia 592 District of Columbia Mutual Fire Insurance Company. AN ACT To amend an Act entitled “An Act to incorporate the Mutual Fire Insurance Company of the District of Columbia”, as amended April 16, 1934593 Alaskan fisheries. AN ACT To amend sections 3 and 4 of an Act of Congress entitled “An Act for the protection and regulation of the fisheries of Alaska”, approved June 26, 1906, as amended by the Act of Congress approved June 6, 1924, and for other purposes April 16, 1934594 Indian welfare, State contracts. AN ACT Authorizing the Secretary of the Interior to arrange with States or Territories for the education, medical attention, relief of distress, and social welfare of Indians, and for other purposes April 16, 1934596 Whaling and fishing industries. JOINT RESOLUTION Extending to the whaling and fishing industries certain benefits granted under section 11 of the Merchant Marine Act, 1920, as amended April 16, 1934596 Naturalization proceedings, fees. AN ACT To reduce certain fees in naturalization proceedings, and for other purposes April 19, 1934597 Smithsonian Institution, John C. Merriam, regent. JOINT RESOLUTION To provide for the reappointment of John C. Merriam as a member of the Board of Regents of the Smithsonian Institution April 20, 1934598 Cotton marketing and control. AN ACT To place the cotton industry on a sound commercial basis, to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, to provide funds for paying additional benefits under the Agricultural Adjustment Act, and for other purposes April 21, 1934598 Bridge, Tombigbee River. AN ACT To revive and reenact the Act entitled “An Act granting the consent of Congress to Meridian and Bigbee River Railway Company to construct, maintain, and operate a railroad bridge across the Tombigbee River at or near Naheola, Alabama”, approved January 15, 1927 April 23, 1934607 Mississippi Valley flood control, levee rights-of-way. AN ACT To authorize payment for the purchase of, or to reimburse States or local levee districts for the cost of, levee rights-of-way for flood-control work in the Mississippi Valley, and for other purposes April 23, 1934607 District of Columbia, boxing. AN ACT To authorize boxing in the District of Columbia, and for other purposes April 24, 1934608 Juneau, Alaska, bonds. AN ACT To authorize the incorporated city of Juneau, Alaska, to undertake certain municipal public works, including regrading and paving of streets and sidewalks, installation of sewer and water pipes, bridge construction and replacement, construction of concrete bulkheads, and construction of refuse incinerator, and for such purposes to issue bonds in any sum not exceeding $103,000 April 25, 1934609 Skagway, Alaska, bonds. AN ACT To authorize the incorporated city of Skagway, Alaska, to construct, reconstruct, replace, and install a water-distribution system and for such purposes to issue bonds in any sum not exceeding $40,000 April 25, 1934611 Wrangell, Alaska, bonds. AN ACT To authorize the incorporated town of Wrangell, Alaska, to undertake certain municipal public works, including construction, reconstruction, enlargement, extension, and improvements of its water-supply system; construction of a retaining wall and to back-fill behind same to make a permanent street; and construction, reconstruction, enlargement, extension, and improvements to sewers, and for such purposes to issue bonds in any sum not exceeding $51,000 April 25, 1934612 Appropriations, War Department and Army, fiscal year 1935. AN ACT Making appropriations for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1935, and for other purposes April 26, 1934614 East Bay Municipal District, Calif., lands. AN ACT Granting and confirming to the East Bay Municipal Utility District, a municipal utility district of the State of California anda body corporate and politic, of said State, and a political subdivision thereof, certain lands, and for other purposes April 27, 1934642 Home Owners’ Loan Act of 1933, amendments. AN ACT To guarantee the bonds of the Home Owners’ Loan Corporation, to amend the Home Owners’ Loan Act of 1933, and for other purposes April 27, 1934643 Indian trust allotments. AN ACT To amend section 1 of the Act entitled “An Act to provide for determining the heirs of the deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes”, approved June 25, 1910, as amended April 30, 1934647 United States courts, procedure. AN ACT Regulating procedure in criminal cases in the courts of the United States April 30, 1934648 Bridge, Columbia River. An ACT To extend the times for commencing and completing the construction of a bridge across the Columbia River near The Dalles, Oregon April 30, 1934649xiv Idaho, national forests. AN ACT For the inclusion of certain lands in the national forests in the State of Idaho, and for other purposes April 30, 1934649 Bridge, Columbia River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Columbia River at or near The Dalles, Oregon April 30, 1934650 Bridge, Des Moines River. AN ACT Granting the consent of Congress to the Iowa State Highway Commission and the Missouri Highway Department to maintain a free bridge already constructed across the Des Moines River near the city of Keokuk, Iowa April 30, 1934651 Bridge, Black River. AN ACT To legalize a bridge across Black River at or near Pocahontas, Arkansas April 30, 1934651 Bridge, Saint Francis River. AN ACT To legalize a bridge across Saint Francis River at or near Lake City, Arkansas April 30, 1934651 Bridge, Mississippi River. AN ACT To revive and reenact the Act entitled “An Act authorizing D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near the town of New Boston, Illinois”, approved March 3, 1931 April 30, 1934652 Bridge, Potomac River. AN ACT Authorizing the State Road Commission of West Virginia to construct, maintain, and operate a toll bridge across the Potomac River at or near Shepherdstown, Jefferson County, West Virginia April 30, 1934652 Bridge, Wabash River. AN ACT Authorizing the owners of Cut-Off Island, Posey County, Indiana, to construct, maintain, and operate a free highway bridge or causeway across the old channel of the Wabash River April 30, 1934653 Bridge, Wabash River. AN ACT To extend the time for the construction of a bridge across the Wabash River at a point in Sullivan County, Indiana, to a point opposite on the Illinois shore April 30, 1934654 District of Columbia, Alcoholic Beverage Control Act, amendments. AN ACT To amend the District of Columbia Alcoholic Beverage Control Act by amending sections 11, 22, 23, and 24 April 30, 1934654 Volunteer Army claims. AN ACT Providing for settlement of claims of officers and enlisted men for extra pay provided by Act of January 12, 1899 April 30, 1934656 New Orleans, La., lighthouse depot. AN ACT Authorizing the Secretary of Commerce to acquire a site for a lighthouse depot at New Orleans, Louisiana, and for other purposes April 30, 1934657 Columbus Day, celebration. JOINT RESOLUTION Requesting the President to proclaim October 12 as Columbus Day for the observance of the anniversay of the discovery of America April 30, 1934657 Pike National Forest, Colo. AN ACT To add certain lands to the Pike National Forest, Colorado May 3, 1934657 Cochetopa National Forest, Colo. AN ACT To add certain lands to the Cochetopa National Forest in the State of Colorado May 3, 1934658 Anchorage, Alaska, sale of land. AN ACT To authorize the sale of land and houses at Anchorage, Alaska May 3, 1934660 Bridge, Mississippi River. AN ACT Authorizing the city of East Saint Louis, Illinois, to construct, maintain, and operate a toll bridge across the Mississippi River at or near a point between Morgan and Wash Streets in the city of Saint Louis, Missouri, and a point opposite thereto in the city of East Saint Louis, Illinois May 3, 1934661 Bridge, Pearl River. AN ACT Granting the consent of Congress to the Mississippi Highway Commission to construct, maintain, and operate a free highway bridge across the Pearl River in the State of Mississippi May 3, 1934662 Buffalo-Fort Erie peace bridge. JOINT RESOLUTION Granting consent of Congress to an agreement or compact entered into by the State of New York with the Dominion of Canada for the establishment of the Buffalo and Fort Erie Public Bridge Authority with power to take over, maintain, and operate the present highway bridge over the Niagara River between the city of Buffalo, New York, and the village of Fort Erie, Canada May 3, 1934662 Amelia Island Lighthouse Reservation. AN ACT To authorize the city of Fernandina, Florida, under certain conditions, to dispose of a portion of the Amelia Island Lighthouse Reservation May 4, 1934662 Alaska, mining laws. AN ACT To repeal an Act of Congress entitled “An Act to modify and amend the mining laws in their application to the Territory of Alaska, and for other purposes”, approved August 1, 1912 May 4, 1934663 Navigation rules, amendment. AN ACT Authorizing pursers or licensed deck officers of vessels to perform the duties of the masters of such vessels in relation to entrance and clearance of same May 4, 1934663 Carlsbad Caverns National Park, N.Mex. AN ACT To authorize the exchange of the use of certain Government land within the Carlsbad Caverns National Park for certain privately owned land therein May 4, 1934664 Postmasters, accounts. AN ACT To require postmasters to account for money collected on mail delivered at their respective offices May 4, 1934664 Pass A’Loutre Lighthouse Reservation, La. AN ACT Authorizing the Secretary of Commerce to dispose of the Pass A’Loutre Lighthouse Reservation, Louisiana May 4, 1934664xv Bridgeport, Conn., conveyance to, of certain light station. AN ACT To authorize the Secretary of Commerce to transfer to the city of Bridgeport, Connecticut, a certain unused light-station reservation May 4, 1934665 Ogeechee River, Ga., flood control. AN ACT Authorizing a preliminary examination of the Ogeechee River in the State of Georgia, with a view to controlling of floods May 4, 1934666 Chickamauga and Chattanooga Military Park, addition. AN ACT To provide for the addition of certain lands to the Chickamauga and Chattanooga National Military Park in the States of Tennessee and Georgia May 4, 1934666 Mississippi State treasurer, duplicate check. AN ACT To authorize the Department of Agriculture to issue a duplicate check in favor of the Mississippi State treasurer, the original check having been lost May 4, 1934666 Postal service, letter boxes. AN ACT To amend section 198 of the Act entitled “An Act to codify, revise, and amend the penal laws of the United States”, approved March 4, 1909, as amended by the Acts of May 18, 1916, and July 28, 1916 May 7, 1934667 Metlakahtla Indians, Alaska, citizenship. AN ACT Granting citizenship to the Metlakahtla Indians of Alaska May 7, 1934667 United States Supreme Court building, custody, etc. AN ACT To provide for the custody and maintenance of the United States Supreme Court Building and the equipment and grounds thereof May 7, 1934668 Chippewa Indians, Minn., per capita payment. AN ACT Providing for payment of $25 to each enrolled Chippewa Indian of Minnesota from the funds standing to their credit in the Treasury of the United States May 7, 1934668 Appropriations, certain public services. JOINT RESOLUTION To provide appropriations to meet urgent needs in certain public services, and for other purposes May 7, 1934669 Agricultural Adjustment Act, amendments. AN ACT To include sugar beets and sugarcane as basic agricultural commodities under the Agricultural Adjustment Act, and for other purposes May 9, 1934670 Reading matter for the blind. AN ACT To amend the Act entitled “An Act to promote the circulation of reading matter among the blind”, approved April 27, 1904, and Acts supplemental thereto May 9, 1934678 Maryland tercentenary, coinage. AN ACT To authorize the coinage of 50-cent pieces in commemoration of the three-hundredth anniversary of the founding of the Province of Maryland May 9, 1934679 Revenue Act of 1934. AN ACT To provide revenue, equalize taxation, and for other purposes May 10, 1934680 Statutes of limitations. AN ACT To limit the operation of statutes of limitations in certain cases May 10, 1934772 Ochoco National Forest, Oreg., addition. AN ACT To authorize the addition of certain lands to the Ochoco National Forest, Oregon May 11, 1934772 Mount Hood National Forest, Oreg., mining. AN ACT To amend the United States mining laws applicable to the Mount Hood National Forest within the State of Oregon May 11, 1934773 Bridge, Ohio River. AN ACT Authorizing the City of Wheeling, a municipal corporation, to construct, maintain, and operate a bridge across the Ohio River, at Wheeling, West Virginia May 11, 1934774 Mammoth Cave National Park, Ky. AN ACT To amend the Act of May 25, 1926, entitled “An Act to provide for the establishment of the Mammoth Cave National Park in the State of Kentucky, and for other purposes” May 14, 1934775 United States district courts, jurisdiction over State administrative boards. AN ACT To amend section 24 of the Judicial Code, as amended, with respect to the jurisdiction of the district courts of the United States over suits relating to orders of State administrative boards May 14, 1934775 Spanish War Service Medal. AN ACT To amend the Act authorizing the issuance of the Spanish War Service Medal May 14, 1934776 “Newport” made available to Aberdeen, Wash. AN ACT Authorizing the Secretary of the Navy to make available to the municipality of Aberdeen, Washington, the United States ship Newport May 14, 1934776 Arkansas centennial, coinage. AN ACT To authorize the coinage of 50-cent pieces in commemoration of the one hundredth anniversary of the admission of the State of Arkansas into the Union May 15, 1934776 United States and Alaska, mining claims. AN ACT Providing for the suspension of annual assessment work on mining claims held by location in the United States and Alaska May 15, 1934777 Hawaiian Homes Commission. AN ACT To amend sections 203 and 207 of the Hawaiian Homes Commission Act, 1920 (U.S.C., title 48, secs. 697 and 701), conferring upon certain lands of Auwaiolimu, Kewalo, and Kalawahine, on the island of Oahu, Territory of Hawaii, the status of Hawaiian home lands, and providing for the leasing thereof for residence purposes May 16, 1934777 Boise National Forest, Idaho. AN ACT To add certain lands to the Boise National Forest May 17, 1934779xvi Bridge, Saint Louis River. AN ACT To legalize a bridge across the Saint Louis River at or near Cloquet, Minnesota May 17, 1934780 Federal officers, assaulting, etc. AN ACT To provide punishment for killing or assaulting Federal officers May 18, 19341780 Extortion messages in interstate commerce. AN ACT Applying the powers of the Federal Government, under the commerce clause of the Constitution, to extortion by means of telephone, telegraph, radio, oral message, or otherwise May 18, 1934781 Kidnaping. AN ACT To amend the Act forbidding the transportation of kidnaped persons in interstate commerce May 18, 1934781 Interstate flight of accused persons. AN ACT Making it unlawful for any person to flee from one State to another for the purpose of avoiding prosecution or the giving of testimony in certain cases May 18, 1934782 Federal penal and correctional institutions, crimes. AN ACT To define certain crimes against the United States in connection with the administration of Federal penal and correctional institutions and to fix the punishment therefor May 18, 1934782 Offenses against banks. AN ACT To provide punishment for certain offenses committed against banks organized or operating under laws of the United States or any member of the Federal Reserve System May 18, 1934783 Bourne, Mass., donation of land. AN ACT To authorize the donation of certain land to the town of Bourne, Massachusetts May 18, 1934783 Pulaski Memorial Day. JOINT RESOLUTION Authorizing the President of the United States of America to proclaim October 11, 1934, General Pulaski’s Memorial Day for the observance and commemoration of the death of Brigadier General Casimir Pulaski May 18, 1934784 Lafayette Memorial Day. JOINT RESOLUTION Requesting the President of the United States of America to proclaim May 20, 1934, General Lafayette Memorial Day for the observance and commemoration of the one hundredth anniversary of the death of General Lafayette May 18, 1934784 Century of Progress, participation continued. AN ACT to amend an Act entitled “An Act providing for the participation of the United States in A Century of Progress (the Chicago World’s Fair Centennial Celebration) to be held at Chicago, Illinois, in 1933, authorizing an appropriation therefor, and for other purposes”, approved February 8, 1932, to provide for participation in A Century of Progress in 1934, to authorize an appropriation therefor, and for other purposes May 21, 1934785 Mount Hood National Forest, Oreg. AN ACT To add certain lands to the Mount Hood National Forest in the State of Oregon May 21, 1934785 University of Arizona, use of lands. AN ACT To provide for the selection of certain lands in the State of Arizona for the use of the University of Arizona May 21, 1934786 Genoa, Nebr., Indian school lands. AN ACT Authorizing the conveyance of certain lands to the State of Nebraska May 21, 1934786 Homesteads, leave of absence. AN ACT Granting a leave of absence to settlers of homestead lands during the years 1932, 1933, and 1934 May 21, 1934787 Revised Statutes, repeal of certain sections relating to Indians. AN ACT Repealing certain sections of the Revised Code of Laws of the United States relating to the Indians May 21, 1934787 Hawaii, conveyance of certain lands. AN ACT To authorize the Secretary of War to convey by appropriate deed of conveyance certain lands in the District of Ewa, island of Oahu, Territory of Hawaii May 21, 1934787 Natchez Trace Parkway. AN ACT To provide for an appropriation of $50,000 with which to make a survey of the Old Indian Trail known as the “Natchez Trace”, with a view of constructing a national road on this route to be known as the “Natchez Trace Parkway” May 21, 1934791 Vocational education. AN ACT To provide for the further development of vocational education in the several States and Territories May 21, 1934792 A Century of Progress Exposition, exhibits. JOINT RESOLUTION To permit articles imported from foreign countries for the purpose of exhibition at A Century of Progress Exposition, Chicago, Illinois, to be admitted without payment of tariff, and for other purposes May 21, 1934793 National Stolen Property Act. AN ACT To extend the provisions of the National Motor Vehicle Theft Act to other stolen property May 22, 1934794 Fort Mojave Indian Reservation, Ariz. AN ACT To provide for the exchange of Indian and privately owned lands, Fort Mojave Indian Reservation, Arizona May 23, 1934795 Fort Morgan Military Reservation, Ala. AN ACT To provide for the exploitation for oil, gas, and other minerals on the lands comprising Fort Morgan Military Reservation, Alabama May 23, 1934796 Circuit judges, disability provisions. AN ACT To provide, in case of the disability of senior circuit judges, for the exercise of their powers and the performance of their duties by the other circuit judges May 23, 1934796 Citizenship and naturalization. AN ACT To amend the law relative to citizenship and naturalization, and for other purposes May 24, 1934797 Bankruptcy Act of 1898, amendments. AN ACT To amend an Act entitled “An Act to establish a uniform system of bankruptcy throughout the United States”, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto May 24, 1934798xvii Confederate Veterans’ encampment equipment. AN ACT To authorize the Secretary of War to lend to the housing committee of the United Confederate Veterans two hundred and fifty pyramidal tents, complete; fifteen 16- by 80- by 40-foot assembly tents; thirty 11- by 50- by 15-foot hospital-ward tents; ten thousand blankets, olive drab, numbered 4; five thousand canvas cots; twenty field ranges, numbered 1; ten field bake ovens, to be used at the encampment of the United Confederate Veterans, to be held at Chattanooga, Tennessee, in June 1934 May 25, 1934803 Electro Metallurgical Company, etc., counsel in proceedings against. AN ACT Limiting the operation of sections 109 and 113 of the Criminal Code and section 190 of the Revised Statutes of the United States with respect to counsel in certain proceedings against the Electro Metallurgical Company, New-Kanawha Power Company, and the Union Carbide and Carbon Corporation May 25, 1934804 Oregon, bridge construction. AN ACT To extend the times for commencing and completing the construction of certain bridges in the State of Oregon May 25, 1934804 Grand Island, Nebr., radio station. AN ACT To authorize the Federal Radio Commission to purchase and enclose additional land at the radio station near Grand Island, Nebraska May 25, 1934805 Cotton and cattle and dairy products. JOINT RESOLUTION To provide funds to enable the Secretary of Agriculture to carry out the purposes of the Acts approved April 21, 1934, and April 7, 1934, relating, respectively, to cotton and to cattle and dairy products, and for other purposes May 25, 1934805 Military Academy, physics department established. AN ACT To establish a department of physics at the United States Military Academy, West Point, New York May 25, 1934806 Longshoremen’s and Harbor Workers’ Compensation Act, amendments. AN ACT To amend the Longshoremen’s and Harbor Workers’ Compensation Act with respect to rates of compensation, and for other purposes May 26, 1934806 Daniel Boone bicentennial, coinage. AN ACT To authorize the coinage of 50-cent pieces in commemoration of the two-hundredth anniversary of the birth of Daniel Boone May 26, 1934807 Salt Lake City, Utah, water supply. AN ACT For the protection of the municipal water supply of the city of Salt Lake City, State of Utah May 26, 1934808 Alaska, homestead laws. AN ACT To amend section 10 of the Act entitled “An Act extending the homestead laws and providing for right-of-way for railroads in the District of Alaska, and for other purposes”, approved May 14, 1898, as amended May 26, 1934809 Bridge, Puget Sound. AN ACT Granting the consent of Congress to the county of Pierce, a legal subdivision of the State of Washington, to construct, maintain, and operate a toll bridge across Puget Sound, State of Washington, at or near a point commonly known as “The Narrows” May 28, 1934810 Quinaielt Indian Reservation, Wash. AN ACT To authorize the Secretary of the Interior to issue patents for lots to Indians within the Indian village of Taholah, on the Quinaielt Indian Reservation, Washington May 28, 1934811 Sale of war material to belligerents. JOINT RESOLUTION To prohibit the sale of arms or munitions of war in the United States under certain conditions May 28, 1934811 Marine Corps, distribution, etc. of commissioned officers. AN ACT To regulate the distribution, promotion, retirement, and discharge of commissioned officers of the Marine Corps, and for other purposes May 29, 1934811 Naval promotions, etc. AN ACT To provide for promotion by selection in the line of the Navy in the grades of lieutenant commander and lieutenant; to authorize appointment as ensigns in the line of the Navy all midshipmen who hereafter graduate from the Naval Academy, and for other purposes May 29, 1934814 American Legion, obsolete equipment. AN ACT To provide for the donation of certain Army equipment to posts of the American Legion May 29, 1934815 Army, foreign assignments. AN ACT To amend the laws relating to the length of tours of duty in the Tropics and certain foreign stations in the case of officers and enlisted men of the Army, Navy, and Marine Corps, and for other purposes May 29, 1934815 Everglades National Park, Fla., established. AN ACT To provide for the establishment of the Everglades National Park in the State of Florida and for other purposes May 30, 1934816 Appropriations, Legislative Branch, fiscal year 1935. AN ACT Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1935, and for other purposes May 30, 1934817 District of Columbia, industrial insurance contracts. AN ACT Respecting contracts of industrial life insurance in the District of Columbia June 4, 1934834 District of Columbia, Mount Olivet Cemetery. AN ACT To amend an Act entitled “An Act to incorporate the Mount Olivet Cemetery Company in the District of Columbia” June 4, 1934835 District of Columbia, land claims. AN ACT Authorizing the Secretary of the Interior, with the approval of the National Capital Park and Planning Commission and the Attorney General of the United States, to make equitable adjustments of conflicting claims between the United States and other claimants of lands along the shores of the Potomac River, Anacostia River, and Rock Creek in the District of Columbia June 4, 1934836xviii District of Columbia, National Society, U. S. Daughters of 1812. AN ACT To exempt from taxation certain property of the National Society United States Daughters of 1812 in the District of Columbia June 4, 1934836 District of Columbia, change in designation of 4½ Street, southwest. AN ACT To change the designation of Four-and-a-half Street southwest to Fourth Street June 4, 1934836 Ellen Wilson Memorial Homes, D.C., dissolution. AN ACT To dissolve the Ellen Wilson Memorial Homes June 4, 1934837 Allegheny County, Pa., bridge construction. AN ACT To authorize the construction and operation of certain bridges across the Monongahela, Allegheny, and Youghiogheny Rivers in the county of Allegheny, Pennsylvania June 4, 1934837 Bridges, Pee Dee and Waccamaw Rivers. AN ACT To extend the times for commencing and completing the construction of a bridge across the Pee Dee River and a bridge across the Waccamaw River, both at or near Georgetown, South Carolina June 4, 1934838 Bridge, Wabash River. AN ACT Granting the consent of Congress to the State of Indiana to construct, maintain, and operate a free highway bridge across the Wabash River, at or near Delphi, Indiana June 4, 1934839 Bridge, Ohio River. AN ACT Authorizing the city of Shawneetown, Illinois, to construct, maintain, and operate a toll bridge across the Ohio River at or near a point between Washington Avenue and Monroe Street in said city of Shawneetown and a point opposite thereto in the county of Union and State of Kentucky June 4, 1934839 Bridge, Susquehanna River. AN ACT Granting the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a toll bridge across the Susquehanna River at or near Holtwood, Lancaster County June 4, 1934840 Bridge, Connecticut River. AN ACT Granting the consent of Congress to the Department of Public Works of the Commonwealth of Massachusetts to construct, maintain, and operate a free highway bridge across the Connecticut River at Turners Falls, Massachusetts June 4, 1934841 Bridge, Susquehanna River. AN ACT Granting the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a toll bridge across the Susquehanna River at or near Bainbridge, Lancaster County, and Manchester, York County June 4, 1934841 Bridge, Susquehanna River. AN ACT Granting the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a toll bridge across the Susquehanna River at or near Millersburg, Dauphin County, Pennsylvania June 4, 1934842 Bridge, Red River. AN ACT Authorizing the State Highway Departments of the States of Minnesota and North Dakota to construct, maintain, and operate certain free highway bridges across the Red River from Moorhead, Minnesota, to Fargo, North Dakota June 4, 1934842 District of Columbia, fire escapes. AN ACT To amend the Act entitled “An Act to require the erection of fire escapes in certain buildings in the District of Columbia, and for other purposes”, approved March 19, 1906, as amended June 4, 1934843 Appropriations, District of Columbia, fiscal year 1935. AN ACT Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1935, and for other purposes June 4, 1934846 Congress, time of meeting, terms of Members, electoral votes. AN ACT To provide for changing the time of the meeting of Congress, the beginning of the terms of Members of Congress, and the time when the electoral votes shall be counted, and for other purposes June 5, 1934879 Board of Indeterminate Sentence and Parole, D. C. AN ACT To amend an Act entitled “An Act to establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions, and for other purposes”, approved July 15, 1932 June 5, 1934880 Postage rates on certain periodicals. AN ACT To fix the rates of postage on certain periodicals exceeding eight ounces in weight June 5, 1934880 Railway Mail Service, promotions. AN ACT To remove inequities in the law governing eligibility for promotion to the position of chief clerk in the Railway Mail Service June 5, 1934880 San Carlos irrigation project. AN ACT To amend the Act of Congress approved June 7, 1924, commonly called the “San Carlos Act”, and Acts supplementary thereto June 5, 1934881 Securities Exchange Act of 1934. AN ACT To provide for the regulation of securities exchanges and of over-the-counter markets operating in interstate and foreign commerce and through the mails, to prevent inequitable and unfair practices on such exchanges and markets, and for other purposes June 5, 1934881 Alaska coal lands. AN ACT To amend an Act entitled “An Act to provide for the leasing of coal lands in the Territory of Alaska, and for other purposes” June 6, 1934909 Compacts for prevention of crime. AN ACT Granting the consent of Congress to any two or more States to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime, and for other purposes June 6, 1934909 Quinault Indian Reservation, Wash., timber sales. AN ACT To authorize the Secretary of the Interior to modify the terms of existing contracts for the sale of timber on the Quinault Indian Reservation when it is in the interest of the Indians so to do June 6, 1934910xix Apprehending persons charged with crime. AN ACT To authorize an appropriation of money to facilitate the apprehension of certain persons charged with crime June 6, 1934910 Cotton Act of 1934, administering oaths. JOINT RESOLUTION Empowering certain agents authorized by the Secretary of Agriculture to administer oaths to applicants for tax-exemption certificates under the Cotton Act of 1934 June 6, 1934911 Bankruptcy Act of 1898, amendment. AN ACT To amend an Act entitled “An Act to establish a uniform system of bankruptcy throughout the United States”, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto June 7, 1934911 General Federation of Women’s Clubs. AN ACT To amend an Act entitled “An Act granting a charter to the General Federation of Women’s Clubs” June 7, 1934925 Court of Appeals far District of Columbia, designation changed. AN ACT To amend an Act of Congress approved February 9, 1893, entitled “ An Act to establish a court of appeals for the District of Columbia, and for other purposes” June 7, 1934926 Chinch bug control. JOINT RESOLUTION To provide funds to enable the Secretary of Agriculture to cooperate with States in control of chinch bugs June 7, 1934926 Registry of certain aliens. AN ACT Relating to the record of registry of certain aliens June 8, 1934926 Bridge, Saint Lawrence River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Saint Lawrence River at or near Ogdensburg, New York June 8, 1934927 Chippewa Indian lands. AN ACT To modify the effect of certain Chippewa Indian treaties on areas in Minnesota June 11, 1934927 Second-class matter, postal service. AN ACT To amend the third clause of section 14 of the Act of March 3, 1879 (20 Stat. 359; U.S.C., title 39, sec. 226) June 11, 1934928 Columbus University, D.C., incorporation. AN ACT Relating to the incorporation of Columbus University of Washington, District of Columbia, organized under and by virtue of a certificate of incorporation pursuant to the incorporation laws of the District of Columbia as provided in subchapter 1 of chapter 18 of the Code of Laws of the District of Columbia June 11, 1934928 Philippine Islands, Government deposits. AN ACT Relating to deposits in the United States of public moneys of the government of the Philippine Islands June 11, 1934929 Emergency Farm Mortgage Act, amendment. AN ACT To amend section 32 of the Emergency Farm Mortgage Act of 1933 June 11, 1934929 Climax baskets for mushrooms. AN ACT To amend the Standard Baskets Act of August 31, 1916, to provide for a one-pound Climax basket for mushrooms June 11, 1934930 District of Columbia Alley Dwelling Act. AN ACT To provide for the discontinuance of the use as dwellings of buildings situated in alleys in the District of Columbia, and for the replatting and development of squares containing inhabited alleys, in the interest of public health, comfort, morals, safety, and welfare, and for other purposes June 12, 1934930 Air-mail laws, revision. AN ACT To revise air-mail laws, and to establish a commission to make a report to the Congress recommending an aviation policy June 12, 1934933 National Defense Act, amendment. AN ACT To amend the Act of June 15, 1933, amending the National Defense Act of June 3, 1916, as amended June 12, 1934939 Bridge, Chesapeake Bay. AN ACT To extend the times for commencing and completing the construction of a bridge across the Chesapeake Bay between Baltimore and Kent Counties, Maryland June 12, 1934939 Bridge Bayou Bartholomew. AN ACT Granting the consent of Congress to the Tensas Basin Levee Board of the State of Louisiana to construct, maintain, and operate a free highway bridge across Bayou Bartholomew at or near its mouth in Morehouse Parish, Louisiana June 12, 1934939 Erie, Pa., lighthouse reservation. AN ACT To provide for the conveyance of the abandoned lighthouse reservation and buildings, including detached tower, situate within the city limits of Erie, Pennsylvania, to the city for public-park purposes June 12, 1934940 Central Pacific Railway Company, conveyances. AN ACT Validating certain conveyances heretofore made by Central Pacific Railway Company, a corporation, and its lessee, Southern Pacific Company, a corporation, involving certain portions of right-of-way, in and in the vicinity of the city of Lodi, and near the station of Acampo, and in the city of Tracy, all in the county of San Joaquin, State of California, and in or in the vicinity of Galt, and Polk, in the county of Sacramento, State of California, acquired by Central Pacific Railway Company under the Act of Congress approved July 1, 1862 (12 Stat. L. 489), as amended by the Act of Congress approved July 2, 1864 (13 Stat.L. 356) June 12, 1934940 Central Pacific Railway Company, validating certain conveyances. AN ACT Validating certain conveyances heretofore made by Central Pacific Railway Company, a corporation, and its lessee, Southern Pacific Company, a corporation, involving certain portions of right-of-way, in and in the vicinity of the town of Gridley, all in the county of Butte, State of California, acquired by Central Pacific Railway Company under the Act of Congress approved July 25, 1866 (14 Stat. L. 239) June 12, 1934942 Postal treaties and conventions. AN ACT To provide for the final construction, on behalf of the United States, of postal treaties or conventions to which the United States is a party June 12, 1934943 Trade Agreements Act. AN ACT To amend the Tariff Act of 1930 June 12, 1934943xx Bridge, Grand Calumet River. AN ACT Granting the consent of Congress to the State of Indiana to construct, maintain, and operate a free highway bridge across the Grand Calumet River near Clark Street, in Gary, Indiana June 12, 1934945 Bridge, Tennessee River. AN ACT Granting the consent of Congress to the State of Alabama, its agent or agencies, and to Colbert County and to Lauderdale County in the State of Alabama, and to the city of Sheffield, Colbert County, Alabama, and to the city of Florence, Lauderdale County, Alabama, or to any two of them, or to either of them, to construct, maintain, and operate a bridge, and approaches thereto, across the Tennessee River at a point between the city of Sheffield, Alabama, and the city of Florence, Alabama, suitable to the interests of navigation June 12, 1934945 Bridge, Savannah River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Savannah River at or near Burtons Ferry, near Sylvania, Georgia June 12, 1934946 Bridge, Missouri River. AN ACT To further extend the times for commencement and completing the construction of a bridge across the Missouri River at or near Garrison, North Dakota June 12, 1934946 Dike, Columbia River. AN ACT Granting the consent of Congress for the construction of a dike or dam across the head of Camas Slough (Washougal Slough) to Lady Island on the Columbia River in the State of Washington June 12, 1934946 Bridge, Missouri River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Brownville, Nebraska June 12, 1934947 Bridge, Saint Marys River. AN ACT Authorizing the city of Sault Sainte Marie, Michigan, its successors and assigns, to construct, maintain, and operate a bridge across the Saint Marys River at or near Sault Sainte Marie, Michigan June 12, 1934947 Public works, rates of pay. AN ACT To effectuate the purpose of certain statutes concerning rates of pay for labor, by making it unlawful to prevent anyone from receiving the compensation contracted for thereunder, and for other purposes June 13, 1934948 Government publications. AN ACT To repeal certain provisions of the Act of March 4, 1933, and to reenact sections 4 and 5 of the Act of March 2, 1929 June 13, 1934948 Bridge, Columbia River. AN ACT Authorizing the Oregon-Washington Bridge Board of Trustees to construct, maintain, and operate a toll bridge across the Columbia River at Astoria, Clatsop County, Oregon June 13, 1934949 Bridge, Columbia River. AN ACT Authorizing the county of Wahkiakum, a legal political subdivision of the State of Washington, to construct, maintain, and operate a bridge and approaches thereto across the Columbia River between Puget Island and the mainland, Cathlamet, State of Washington June 13, 1934950 Stillaguamish River, flood survey. AN ACT To provide a preliminary examination of Stillaguamish River and its tributaries in the State of Washington, with a view to the control of its floods June 13, 1934950 Snohomish River, flood survey. AN ACT To provide a preliminary examination of Snohomish River and its tributaries in the State of Washington, with a view to the control of its floods June 13, 1934951 Nooksack River, flood survey. AN ACT To provide a preliminary examination of the Nooksack River and its tributaries in the State of Washington, with a view to the control of its floods June 13, 1934951 Skagit River, flood survey. AN ACT To provide a preliminary examination of Skagit River and its tributaries in the State of Washington, with a view to the control of its flood waters June 13, 1934951 Contractors, postal service. AN ACT To authorize the Post Office Department to hold contractors responsible in damages for the loss, rifling, damage, wrong delivery, depredation upon, or other mistreatment of mail matter due to fault or negligence of the contractor or an agent or employee thereof June 13, 1934952 Paint Rock River, flood survey. AN ACT To provide a preliminary examination of the Paint Rock River in Jackson County, Alabama, with a view to the control of its floods June 13, 1934952 Connecticut River, flood survey. AN ACT To provide for a preliminary examination of the Connecticut River, with a view to the control of its floods and prevention of erosion of its banks in the State of Massachusetts June 13, 1934952 District of Columbia, American Legion property. AN ACT To exempt from taxation certain property of The American Legion in the District of Columbia June 13, 1934953 Cowlitz River, flood survey. AN ACT To provide a preliminary examination of the Cowlitz River and its tributaries in the State of Washington, with a view to the control of its floods June 13, 1934953 Chehalis River, flood survey. AN ACT To provide a preliminary examination of Chehalis River and its tributaries in the State of Washington, with a view to the control of its floods June 13, 1934953 Lewis River, flood survey. AN ACT To provide a preliminary examination of the Lewis River and its tributaries in the State of Washington, with a view to the control of its floods June 13, 1934954 Columbia River, flood survey. AN ACT To provide a preliminary examination of Columbia River and its tributaries in the State of Washington, with a view to the control of its flood waters June 13, 1934954xxi Emergency Railroad Transportation Act, amendments. AN ACT To amend the Emergency Railroad Transportation Act, 1933, approved June 16, 1933 June 13, 1934954 Fort Francis E. Warren, Wyo., addition. AN ACT To authorize an appropriation for the purchase of land in Wyoming for use as rifle ranges for the Army of the United States June 14, 1934955 Purchase of forest lands, under Conservation Act. AN ACT To facilitate purchases of forest lands under the Act approved March 1, 1911 June 14, 1934955 Judicial Code, amendment, declaratory judgments. AN ACT To amend the Judicial Code by adding a new section to be numbered 274D June 14, 1934955 Green River, Wash., flood survey. AN ACT To provide a preliminary examination of the Green River, Washington, with a view to the control of its floods June 14, 1934956 Coquille, Oreg., water supply. AN ACT To afford permanent protection to the watershed and water supply of the city of Coquille, Coos County, Oregon June 14, 1934956 McMinnville, Oreg., lands. AN ACT To authorize the purchase by the city of McMinnville, Oregon, of certain tracts of public lands and certain tracts revested in the United States under the Act of June 9, 1916 (39 Stat. 218) June 14, 1934957 Hampton Roads Naval Operating Base, addition. AN ACT Providing for the acquisition of additional lands for the naval air station at Hampton Roads Naval Operating Base, Norfolk, Virginia June 14, 1934957 Forest Grove, Oreg., land patent. AN ACT To authorize the purchase by the city of Forest Grove, Oregon, of certain tracts of public lands and certain tracts revested in the United States under the Act of June 9, 1916 (39 Stat. 218) June 14, 1934958 Railway Mail Service, laborers. AN ACT To provide hourly rates of pay for substitute laborers in the Railway Mail Service and time credits when appointed as regular laborer June 14, 1934958 Ocmulgee National Monument. AN ACT To authorize the establishment of the Ocmulgee National Monument in Bibb County, Georgia June 14, 1934958 Olmstead lands in North Carolina. AN ACT To authorize the Secretary of Agriculture to adjust claims to so-called “Olmstead lands” in the State of North Carolina June 14, 1934959 Navajo Indian Reservation, Ariz. AN ACT To define the exterior boundaries of the Navajo Indian Reservation in Arizona, and for other purposes June 14, 1934960 Terminal railway post offices. AN ACT To reclassify terminal railway post offices June 14, 1934962 Samoan Islands, coastwise shipping laws. JOINT RESOLUTION To harmonize the treaties and statutes of the United States with reference to American Samoa June 14, 1934963 District of Columbia, harbor regulations. AN ACT To amend section 895 of the Code of Law of the District of Columbia June 15, 1934963 Acknowledgment of oaths, Railway Mail Service. AN ACT To authorize the acknowledgment of oaths by post-office inspectors and by chief clerks of the Railway Mail Service June 15, 1934963 Great Smoky Mountains National Park. AN ACT To establish a minimum area for the Great Smoky Mountains National Park, and for other purposes June 15, 1934964 Menominee Indian Reservation, Wis., timber operations. AN ACT To amend the law relating to timber operations on the Menominee Indian Reservation in Wisconsin June 15, 1934964 Menominee Indians of Wisconsin, membership. AN ACT To provide for the enrollment of members of the Menominee Indian Tribe of the State of Wisconsin June 15, 1934965 District of Columbia, Tenley School sale. AN ACT To authorize the Commissioners of the District of Columbia to sell the old Tenley School to the duly authorized representative of Saint Ann’s Church of the District of Columbia June 15, 1934967 Pharmacists’ liquor stamp tax. AN ACT To change the name of the retail liquor dealers’ stamp tax in the case of retail drug stores or pharmacies June 15, 1934967 United States Territorial Expansion Memorial Commission. JOINT RESOLUTION Authorizing the creation of a Federal Memorial Commission to consider and formulate plans for the construction, on the western bank of the Mississippi River, at or near the site of old Saint Louis, Missouri, of a permanent memorial to the men who made possible the territorial expansion of the United States, particularly President Thomas Jefferson and his aids, Livingston and Monroe, who negotiated the Louisiana Purchase, and to the great explorers, Lewis and Clark, and the hardy hunters, trappers, frontiersmen, and pioneers and others who contributed to the territorial expansion and development of the United States of America June 15, 1934967 Inland Waterways Corporation Act, amendment. AN ACT To amend the Inland Waterways Corporation Act, approved June 3, 1924, as amended June 16, 1934968 Federal Reserve, deposit insurance. AN ACT To amend section 12B of the Federal Reserve Act so as to extend for one year the temporary plan for deposit insurance, and for other purposes June 16, 1934969 National Society of the Sons of the American Revolution. AN ACT To exempt from taxation certain property of the National Society of the Sons of the American Revolution June 16, 1934972 Kiowa, etc., Indians of Oklahoma. AN ACT To authorize payment of expenses of formulating claims of the Kiowa, Comanche, and Apache Indians of Oklahoma against the United States, and for other purposes June 16, 1934972xxii Frank J. Boudinot, allowances. AN ACT Authorizing and directing the Court of Claims, in the event of judgment or judgments in favor of the Cherokee Indians, or any of them, in suits by them against the United States under the Acts of March 19, 1924, and April 25, 1932, to include in its decrees allowances to Frank J. Boudinot, not exceeding 5 per centum of such recoveries, and for other purposes June 16, 1934972 Money orders, postal service. AN ACT To compensate the Post Office Department for the extra work caused by the payment of money orders at offices other than those on which the orders are drawn June 16, 1934973 Agricultural Adjustment Act, amendment. AN ACT To amend an Act entitled “An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes”, approved May 12, 1933 June 16, 1934973 Alcoholic Beverage Control Act, D.C. amendment. AN ACT To amend the District of Columbia Alcoholic Beverage Control Act to permit the issuance of retailers’ licenses of class B in residential districts June 16, 1934974 Government contractors operating under Code. AN ACT To provide relief to Government contractors whose costs of performance were increased as a result of compliance with the Act approved June 16, 1933, and for other purposes June 16, 1934974 New Mexico, public lands. AN ACT Providing for the issuance of patents upon certain conditions to lands and accretions thereto determined to be within the State of New Mexico in accordance with the decree of the Supreme Court of the United States entered April 9, 1928 June 16, 1934975 International Council of Scientific Unions, etc. AN ACT To authorize appropriations to pay the annual share of the United States as an adhering member of the International Council of Scientific Unions and associated unions June 16, 1934976 Sea lions, Alaska waters. AN ACT To repeal certain laws providing for the protection of sea lions in Alaska waters June 16, 1934976 Mineral Lands Leasing Act, amendment. AN ACT To amend the Mineral Lands Leasing Act of 1920 with reference to oil-or gas-prospecting permits and leases June 16, 1934977 Memorial archways authorized. JOINT RESOLUTION Authorizing suitable memorials in honor of James Wilson and Seamen A. Knapp June 16, 1934977 Parliament of upper Canada, mace. JOINT RESOLUTION Authorizing the President to return the mace of the Parliament of upper Canada to the Canadian Government June 16, 1934978 Trading with the Enemy Act, amendment. AN ACT To amend section 24 of the Trading with the Enemy Act, as amended June 18, 1934978 Chippewa Indians of Minnesota, claims. AN ACT To amend an Act approved May 14, 1926 (44 Stat. 555), entitled “An Act authorizing the Chippewa Indians of Minnesota to submit claims to the Court of Claims.” June 18, 1934979 Protecting trade against interference by violence. AN ACT To protect trade and commerce against interference by violence, threats, coercion, or intimidation June 18, 1934979 Chippewa Indians of Minnesota, attorneys. AN ACT To amend the Act approved June 28, 1932 (47 Stat. L. 337) June 18, 1934980 King Hill Irrigation District, Idaho. AN ACT To convey to the King Hill Irrigation District, State of Idaho, all the interest of the United States in the King Hill Federal Reclamation Project, and for other purposes June 18, 1934980 Bridge, Missouri River. AN ACT Creating the Florence Bridge Commission and authorizing said Commission and its successors and assigns to construct, maintain, and operate a bridge across the Missouri River at or near Florence, Nebraska June 18, 1934981 Pioneer National Monument, Ky. AN ACT To provide for the creation of the Pioneer National Monument in the State of Kentucky, and for other purposes June 18, 1934982 Oyster planters, loans. AN ACT To authorize production credit associations to make loans to oyster planters June 18, 1934983 Bridge, Saint Clair River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Saint Clair River at or near Port Huron, Michigan June 18, 1934983 Indian allotments, etc. AN ACT To conserve and develop Indian lands and resources; to extend to Indians the right to form business and other organizations; to establish a credit system for Indians; to grant certain rights of home rule to Indians; to provide for vocational education for Indians; and for other purposes June 18, 1934984 Bridge, Lake Champlain. AN ACT Granting the consent of Congress to the State Board of Public Works of the State of Vermont to construct, maintain, and operate a toll bridge across Lake Champlain at or near West Swanton, Vermont June 18, 1934988 Postal Service, commissions of postmasters. AN ACT To enable the Postmaster General to withhold commissions on false returns made by postmasters June 18, 1934989 Postal service, claims. AN ACT To amend the Act entitled “An Act authorizing the Postmaster General to adjust certain claims of postmasters for loss by burglary, fire, or other unavoidable casualty”, approved March 17, 1882, as amended June 18, 1934990 Bankruptcy Act of 1898, amendment. AN ACT To amend section 4 of “An Act to amend an Act entitled ‘ An Act to establish a uniform system of bankruptcy throughout the United States’, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto”, approved June 7, 1934 June 18, 1934991xxiii Salmon River, flood control. AN ACT Authorizing the control of floods in the Salmon River, Alaska June 18, 1934991 Bridge, Missouri River. AN ACT Authorizing the city of Atchison, Kansas, and the county of Buchanan, Missouri, or either of them or the States of Kansas and Missouri, or either of them, or the highway departments of such States, acting jointly or severally, to construct, maintain, and operate a free highway bridge across the Missouri River at or near Atchison, Kansas June 18, 1934991 Star routes, postal service. AN ACT To remove the limitation upon the extension of star routes June 18, 1934992 Domestic registered, insured, etc., mail. AN ACT To authorize the Postmaster General to charge an additional fee for effecting delivery of domestic registered, insured, or collect-on-delivery mail, the delivery of which is restricted to the addressee only, or to the addressee or order June 18, 1934992 Receivers, etc., in Federal courts. AN ACT Making receivers appointed by any United States courts and authorized to conduct any business, or conducting any business, subject to taxes levied by the State the same as if such business were conducted by private individuals or corporations June 18, 1934993 Emergency construction of public highways, etc. AN ACT To increase employment by authorizing an appropriation to provide for emergency construction of public highways and related projects, and to amend the Federal Aid Road Act, approved July 11, 1916, as amended and supplemented, and for other purposes June 18, 1934993 Fraudulent claims. AN ACT To amend section 35 of the Criminal Code of the United States June 18, 1934996 D.C., Alcoholic Beverage Control Act, amendment. AN ACT To amend section 11 of the District of Columbia Alcoholic Beverage Control Act June 18, 1934997 Malt, etc., for resale to baker, etc. AN ACT To amend section 601 (c) (2) of the Revenue Act of 1932 June 18, 1934998 Foreign trade zones. AN ACT To provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes June 18, 1934998 Bridge, Susquehanna River. AN ACT Granting the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a toll bridge across the Susquehanna River at or near York Furnace, Pennsylvania June 18, 19341003 Douglas City, Alaska, bonds. AN ACT To authorize the incorporated town of Douglas City, Alaska, to undertake certain municipal public works, including construction, reconstruction, enlargement, extension, and improvements of its water-supply system; and construction, reconstruction, enlargement, extension, and improvements to sewers, and for such purposes to issue bonds in any sum not exceeding $40,000 June 18, 19341004 Bridge, Susquehanna River. AN ACT Granting the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a toll bridge across the Susquehanna River at or near Middletown, Dauphin County, Pennsylvania June 18, 19341005 Fairbanks, Alaska, bonds. AN ACT To authorize the incorporated town of Fairbanks, Alaska, to undertake certain municipal public works, including construction, reconstruction, and extension of sidewalks; construction, reconstruction, and extension of sewers, and construction of a combined city hall and fire-department building, and for such purposes to issue bonds in any sum not exceeding $50,000 June 18, 19341006 Investigation Division, Department of Justice. AN ACT To empower certain members of the Division of Investigation of the Department of Justice to make arrests in certain cases, and for other purposes June 18, 19341008 Bridge, Lake Sabine. AN ACT Authorizing the city of Port Arthur, Texas, or the commission hereby created and its successors, to construct, maintain, and operate a bridge over Lake Sabine, at or near Port Arthur, Texas June 18, 19341008 Bridge, Merrimack River. AN ACT Granting the consent of Congress to the county commissioners of Essex County, in the State of Massachusetts, to construct, maintain, and operate a free highway bridge across the Merrimack River, in the city of Lawrence, Massachusetts June 18, 19341012 Liquor distilleries, etc. AN ACT To authorize the reduction of the required distance between liquor distilleries and rectifying plants and to authorize higher fences around distilleries June 18, 19341013 Bridge, Ohio River. AN ACT Authorizing the Sistersville Bridge Board of Trustees to construct, maintain, and operate a toll bridge across the Ohio River at Sistersville, Tyler County, West Virginia June 18, 19341013 Alcoholic Beverage Control Act, D.C., amendment. AN ACT To amend subsection (a) of section 23 of the District Alcoholic Beverage Control Act June 18, 19341014 Bridge, Missouri River. AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Washington, Missouri June 18, 19341015 Upper Mississippi River Wild Life, etc. AN ACT To authorize the acquisition of additional land for the Upper Mississippi River Wild Life and Fish Refuge June 18, 19341015 Bridge, Ohio River. AN ACT Authorizing the Spencer County Bridge Commission, of Spencer County, Indiana, to construct, maintain, and operate a toll bridge across the Ohio River between Rockport, Indiana, and Owensboro, Kentucky June 18, 19341015xxiv Puerto Rican, coffee duty. AN ACT Providing for the ratification of Joint Resolution Numbered 59 of the Legislature of Puerto Rico, approved by the Governor May 5, 1930, imposing an import duty on coffee imported into Puerto Rico June 18, 19341017 Military Academy, admission of Eloy and Jaime Eduardo Alfaro. JOINT RESOLUTION Authorizing the Secretary of War to receive for instruction at the United States Military Academy at West Point, Eloy Alfaro and Jaime Eduardo Alfaro, citizens of Ecuador June 18, 19341017 Allotment of documents. JOINT RESOLUTION To amend section 72 of the Printing Act, approved January 12, 1895, and Acts amendatory thereof and supplementary thereto, relative to the allotment of public documents, and section 85 of the same Act fixing the date of the expiration of the franking privilege to Member of Congress June 18, 19341017 American-Turkish claims. JOINT RESOLUTION Authorizing appropriation for expenses of representatives of United States to meet at Istanbul, Turkey, with representatives of Turkish Republic for purpose of examining claims of either Government against the other and for expense of proceedings before an umpire, if necessary June 18, 19341018 Settlement of War Claims Act, amendment. JOINT RESOLUTION Extending for two years the time within which American claimants may make application for payment, under the Settlement of War Claims Act of 1928, of awards of the Mixed Claims Commission and the Tripartite Claims Commission, and extending until March 10, 1936, the time within which Hungarian claimants may make application for payment, under the Settlement of War Claims Act of 1928, of awards of the War Claims Arbiter June 18, 19341019 International celebration at Fort Niagara. JOINT RESOLUTION Authorizing an appropriation for the participation of the United States in the International Celebration at Fort Niagara, New York June 18, 19341019 Containers of distilled spirits. JOINT RESOLUTION To protect the revenue by regulation of the traffic in containers of distilled spirits June 18, 19341020 Substances used in manufacturing distilled spirits. JOINT RESOLUTION To protect the revenue by requiring information concerning the disposition of substances used in the manufacture of distilled spirits June 18, 19341020 Appropriations, emergencies, fiscal years 1934 and 1935. AN ACT Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1934, and prior fiscal years, to provide supplemental general and emergency appropriations for the fiscal years ending June 30, 1934, and June 30, 1935, and for other purposes June 19, 19341021 Guantanamo Bay naval station, water supply. AN ACT To authorize the Secretary of the Navy to make a long-term contract for the supply of water to the United States naval station at Guantanamo Bay, Cuba June 19, 19341063 Shipments of poisons, etc., by mails. AN ACT To amend the Act entitled “An Act to amend section 217, as amended, of the Act entitled ‘An Act to codify, revise, and amend the penal laws of the United States’, approved March 4, 1909”, approved January 11, 1929, with respect to the use of the mails for the shipment of certain drugs and medicines to cosmetologists and barbers June 19, 19341063 United States Supreme Court, rules in actions at law. AN ACT To give the Supreme Court of the United States authority to make and publish rules in actions at law June 19, 19341064 Communications Act of 1934. AN ACT To provide for the regulation of interstate and foreign communication by wire or radio, and for other purposes June 19, 19341064 Federal Reserve Act, amendment. AN ACT Relating to direct loans for industrial purposes by Federal Reserve banks, and for other purposes June 19, 19341105 Air Commerce Act of 1926, amendment. AN ACT To amend the Air Commerce Act of 1926 and to increase the efficiency of the Aeronautics Branch of the Department of Commerce with respect to the development and regulation of civil aeronautics June 19, 19341113 Philippine currency reserves. AN ACT Relating to Philippine currency reserves on deposit in the United States June 19, 19341115 Vessels and aircraft, return of seized. AN ACT To amend section 938 of the Revised Statutes to vest the courts with discretion to refuse to order the return of vessels seized for violation of any law of the United States; and to amend subsection (b) of section 7 of the Air Commerce Act of 1926, as amended, to provide for the forfeiture of aircraft used in violation of customs laws June 19, 19341116 Canal Zone, alcoholic beverages. AN ACT Authorizing the President to make rules and regulations in respect to alcoholic beverages in the Canal Zone, and for other purposes June 19, 19341116 Haiti, Government property. AN ACT To authorize the President to transfer to the Government of Haiti without charge to that Government certain property of the United States in Haiti June 19, 19341117 Bridge, Rio Grande. AN ACT To extend the times for commencing and completing the construction of a bridge across the Rio Grande at Boca Chica, Texas June 19, 19341117 Cohoes Historical Society, trophy guns. AN ACT Donating bronze trophy guns to the Cohoes Historical Society, Cohoes, New York June 19, 19341117 California Débris Commission Act, amendment. AN ACT To amend the Act entitled “An Act to create the California Debris Commission and regulate hydraulic mining in the State of California”, approved March 1, 1893, as amended June 19, 19341118xxv Real estate sales. AN ACT Amending section 1 of the Act of March 3, 1893 (27 Stat. L. 751), providing for the method of selling real estate under an order or decree of any United States court June 19, 19341119 El Paso, Tex., quarters for Government services. AN ACT To make provision for suitable quarters for certain Government Services at El Paso, Texas, and for other purposes June 19, 19341119 North Dakota, judicial district. AN ACT To amend section 99 of the Judicial Code (U.S.C., title 28, sec. 180), as amended June 19, 19341120 Postal Service, domestic letters. AN ACT To amend section 3937 of the Revised Statutes June 19, 19341120 San Antonio, Tex., post-office site. AN ACT Authorizing the Secretary of the Treasury to convey a part of the post-office site in San Antonio, Texas, to the city of San Antonio, Texas, for street purposes, in exchange for land for the benefit of the Government property June 19, 19341121 Canal Zone Code. AN ACT To establish a Code of Laws for the Canal Zone, etc. June 19, 19341122 United States National Archives. AN ACT To establish a National Archives of the United States Government, and for other purposes June 19, 19341122 Yellowstone River, division of waters. AN ACT To amend an Act approved June 14, 1932 (47 Stat. 306), entitled “An Act granting the consent of Congress to the States of Montana and Wyoming to negotiate and enter into a compact or agreement for division of the waters of the Yellowstone River” June 19, 19341124 American Legion encampment, 1934. AN ACT To authorize the Secretary of War to lend War Department equipment for use at the Sixteenth National Convention of the American Legion at Miami, Florida, during the month of October 1934 June 19, 19341124 Children of deceased veterans of World War. AN ACT Providing educational opportunities for the children of soldiers, sailors, and marines who were killed in action or died during the World War June 19, 19341125 District of Columbia, life insurance. AN ACT To regulate the business of life insurance in the District of Columbia June 19, 19341125 United States Courts, habeas corpus proceedings. AN ACT To amend section 766 of the Revised Statutes, as amended June 19, 19341177 Silver Purchase Act of 1934. AN ACT To authorize the Secretary of the Treasury to purchase silver, issue silver certificates, and for other purposes June 19, 19341178 Ninth Pan American Sanitary Conference, expenses of delegates. JOINT RESOLUTION To provide for the expenses of delegates of the United States to the Ninth Pan American Sanitary Conference June 19, 19341182 International Labor Organization, membership. JOINT RESOLUTION Providing for membership of the United States in the International Labor Organization June 19, 19341182 National Industrial Recovery Act, policies. JOINT RESOLUTION To effectuate further the policy of the National Industrial Recovery Act June 19, 19341183 Cotton Control Act, amendment. JOINT RESOLUTION To amend an Act entitled “An Act to place the cotton industry on a sound commercial basis, to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, to provide funds for paying additional benefits under the Agricultural Adjustment Act, and for other purposes” (Public, Numbered 169, Seventy-third Congress), approved April 21, 1934 June 20, 19341184 Seneca Indian School, Okla., acquisition of site. AN ACT To authorize, the acquisition by the United States of the land upon which the Seneca Indian School, Wyandotte, Oklahoma, is located June 21, 19341184 Public Lands, issue of patents. AN ACT Authorizing the Secretary of the Interior to issue patents to the numbered school sections in place, granted to the States by the Act approved February 22, 1889, by the Act approved January 25, 1927 (44 Stat. 1026), and by any other Act of Congress June 21, 19341185 Public Lands, homestead rights. AN ACT To restore homestead rights to certain cases June 21, 19341185 Railway Labor Act, amendment. AN ACT To amend the Railway Labor Act approved May 20, 1926, and to provide for the prompt disposition of disputes between carriers and their employees June 21, 19341185 Reconstruction Finance Corporation Act, amendment. AN ACT To amend section 5 of Public Act Numbered 2 of the Seventy-second Congress, as amended June 21, 19341198 Yaquina Bay Lighthouse Reservation, Oreg. AN ACT Authorizing the Secretary of Commerce to dispose of a portion of the Yaquina Bay Lighthouse Reservation, Oregon June 21, 19341198 Monocacy, Md., military park. AN ACT To establish a national military park at the battle-field of Monocacy, Maryland June 21, 19341198 Connecticut tercentenary. AN ACT To authorize the coinage of 50-cent pieces in commemoration of the three-hundredth anniversary of the founding of the Colony of Connecticut June 21, 19341200 Vessel construction, research work, ocean fisheries. AN ACT To provide for the construction and operation of a vessel for use in research work with respect to ocean fisheries June 21, 19341201xxvi Civil Service Retirement Act of 1930, amendment. AN ACT To amend the Civil Service Retirement Act of May 29, 1930, and for other purposes June 22, 19341201 Bridge, Agate Pass. AN ACT To revive and reenact the Act entitled “An Act to authorize the Bainbridge Island Chamber of Commerce, a corporation, its successors and assigns, to construct, maintain, and operate a bridge across Agate Pass connecting Bainbridge Island with the mainland in Kitsap County, State of Washington”, approved March 2, 1929 June 22, 19341203 Fort Douglas Military Reservation, conveyance. AN ACT To grant a portion of the Fort Douglas Military Reservation to the University of Utah, Salt Lake City, Utah June 22, 19341203 Pure Food and Drug Act, amendment. AN ACT To amend the Act entitled “An Act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes”, approved June 30, 1906, as amended June 22, 19341204 Vehicle hire from postal employees. AN ACT To authorize the Postmaster General to hire vehicles from postal employees June 22, 19341205 Appropriation, mineral spring, Lincoln, Nebr. AN ACT Making appropriation to restore water of high mineral content on land owned and controlled by the Federal Government June 22, 19341205 Wilmington, Del., exchange of lands. AN ACT Providing for the transfer of certain lands from the United States to the city of Wilmington, Delaware, and from the city of Wilmington, Delaware, to the United States June 22, 19341205 Postal service, conveyance of private letters. AN ACT Relating to conveyance of letters by private hands without compensation, or by special messenger employed for the particular occasion only June 22, 19341207 Claims, adjustment, etc., by Postmaster General. AN ACT To amend section 392 of title 5 of the United States Code June 22, 19341207 Findlay, Ohio, public building. AN ACT To authorize the Secretary of the Treasury to amend the contract for sale of post-office building and site at Findlay, Ohio June 22, 19341207 Bridge, Eleven Points River. AN ACT Granting the consent of Congress to the State Highway Commission to construct, maintain, and operate a free highway bridge across Eleven Points River in the northwest half of section 31, township 25 north, range 3 west, eight miles northeast of Alton, on Route B in Oregon County, Missouri June 22, 19341208 Monterey, Calif., easement. AN ACT To grant to the city of Monterey, California, an easement for street purposes over certain portions of the military reservation at Monterey, California June 23, 19341208 Writings of George Washington. AN ACT Authorizing the George Washington Bicentennial Commission to print and distribute additional sets of the writings of George Washington June 23, 19341210 Federal Prison Industries. AN ACT To authorize the formation of a body corporate to insure the more effective diversification of prison industries, and for other purposes June 23, 19341211 San Diego, Calif., Pueblo lands. AN ACT Authorizing the sale of portions of the Pueblo lands of San Diego to the City of San Diego, California June 25, 19341212 Rural letter carriers, postal service. AN ACT To adjust the salaries of rural letter carriers, and for other purposes June 25, 19341212 Aquatic Products, association of producers. AN ACT Authorizing associations of producers of aquatic products June 25, 19341213 District of Columbia, building construction. AN ACT Authorizing loans from the Federal Emergency Administration of Public Works for the construction of certain municipal buildings in the District of Columbia, and for other purposes June 25, 19341215 Nez Perce tribe of Indians. AN ACT For the relief of the Nez Perce Tribe of Indians June 26, 19341216 Federal Credit Union System. AN ACT To establish a Federal Credit Union System, to establish a further market for securities of the United States and to make more available to people of small means credit for provident purposes through a national system of cooperative credit, thereby helping to stabilize the credit structure of the United States June 26, 19341216 Army enlisted men, collection of indebtedness. AN ACT To amend the Act of May 22, 1928, entitled “An Act to authorize the collection, in monthly installments, of indebtedness due the United States from enlisted men, and for other purposes” June 26, 19341222 Cromline Creek, N.Y., flood survey. AN ACT To provide for a preliminary examination of Cromline Creek in the State of New York, with a view to the control of its floods June 26, 19341223 Agricultural Adjustment Act, amendment. AN ACT To exempt articles of machinery belting from the tax on floor stocks imposed by the Agricultural Adjustment Act June 26, 19341223 Mount Rushmore Memorial Commission, amendment. AN ACT To amend the Act entitled “An Act creating the Mount Rushmore National Memorial Commission and defining its powers and purposes”, approved February 25, 1929, and for other purposes June 26, 19341223 Postal Service, fees, application for entry as second-class matter. AN ACT To reduce the fee to accompany applications for entry as second-class matter of publications of limited circulation June 26, 19341224xxvii Permanent Appropriation Repeal Act. AN ACT Providing that permanent appropriations be subject to annual consideration and appropriation by Congress, and for other purposes June 26, 19341224 National Firearms Act. AN ACT To provide for the taxation of manufacturers, importers, and dealers in certain firearms and machine guns, to tax the sale or other disposal of such weapons, and to restrict importation and regulate interstate transportation thereof June 26, 19341236 Coal and asphalt deposits, Choctaw and Chickasaw lands. AN ACT To amend the Act of June 19, 1930 (46 Stat. 788), entitled “An Act providing for the sale of the remainder of the coal and asphalt deposits in the segregated mineral land in the Choctaw and Chickasaw Nations, Oklahoma, and for other purposes” June 26, 19341240 Processing tax on hogs. AN ACT To amend the Agricultural Adjustment Act with respect to the processing tax on hogs June 26, 19341241 Federal Trade Commission report, utilities investigation. JOINT RESOLUTION Whereas it is learned that the Federal Trade Commission, because of lack of time, money, and personnel, intends to close its utilities investigation under S. Res. 83, Seventieth Congress, first session, without investigating various important corporations included among those described in said resolution; and Whereas it is in the public interest that certain of said corporations be investigated: Therefore be it June 26, 19341242 Navy and Marine Memorial. JOINT RESOLUTION Authorizing an appropriation to defray the expense of erecting the completed Navy and Marine Memorial Monument June 26, 19341243 Air-mail routes, etc., Postal Service. JOINT RESOLUTION To simplify the administration of air-mail routes and contracts June 26, 19341243 Thomas Jefferson Memorial, D.C. JOINT RESOLUTION Authorizing the creation of a Federal Memorial Commission to consider and formulate plans for the construction, on the apex block, Constitution and Pennsylvania Avenues, in the city of Washington, District of Columbia, of a permanent memorial to the memory of Thomas Jefferson, third President of the United States and author of the Declaration of Independence June 26, 19341243 International Celebration, Fort Niagara, N.Y., participation. JOINT RESOLUTION To provide an appropriation to enable the United States Army to send certain units to participate in the International Celebration at Fort Niagara, New York June 26, 19341244 House of Representatives, committees expenses. JOINT RESOLUTION To provide an additional appropriation for expenses of special and select committees of the House of Representatives for the fiscal year 1935 June 26, 19341244 Puerto Rico, citizenship and naturalization. AN ACT To amend the Act of March 2, 1917, entitled “An Act to provide a civil government for Puerto Rico, and for other purposes” June 27, 19341245 Indian liquor laws, modification. AN ACT To modify the operation of the Indian liquor laws on lands which were formerly Indian lands June 27, 19341245 National Housing Act. AN ACT To encourage improvement in housing standards and conditions, to provide a system of mutual mortgage insurance, and for other purposes June 27, 19341246 Independent Offices Appropriation Act, 1935, amendment. AN ACT Amending the Independent Offices Appropriation Act of 1935 June 27, 19341265 Irrigation projects, Langell Valley district. AN ACT To amend the Act entitled “An Act to adjust water-right charges, to grant other relief on the Federal irrigation projects, and for other purposes”, approved May 25, 1926, with respect to certain lands in the Langell Valley irrigation district June 27, 19341266 Decorations, etc., tendered by foreign Governments. JOINT RESOLUTION Authorizing certain retired officers or employees of the United States to accept such decorations, orders, medals, or presents as have been tendered them by foreign Governments June 27, 19341267 Settlement of War Claims Act, amendment. JOINT RESOLUTION To amend the Settlement of War Claims Act of 1928, as amended June 27, 19341267 Grazing Act. AN ACT To stop injury to the public grazing lands by preventing over-grazing and soil deterioration, to provide for their orderly use, improvement, and development, to stabilize the livestock industry dependent upon the public range, and for other purposes June 28, 19341269 Tobacco Control Act. AN ACT To place the tobacco-growing industry on a sound financial and economic basis, to prevent unfair competition and practices in the production and marketing of tobacco entering into the channels of interstate and foreign commerce, and for other purposes June 28, 19341275 Compensate widows and children, certain World War Veterans. AN ACT To compensate widows and children of persons who died while receiving monetary benefits for disabilities directly incurred in or aggravated by active military or naval service in the World War June 28, 19341281 Railroad Retirement Act. AN ACT To provide a retirement system for railroad employees, to provide unemployment relief, and for other purposes June 27, 19341283 Bankruptcy Act of 1898, amendment. AN ACT To amend an Act entitled “ An Act to establish a uniform system of bankruptcy throughout the United States”, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto June 28, 19341289

PUBLIC LAWS OF THE SEVENTY-THIRD CONGRESS

of the

UNITED STATES OF AMERICA

Passed at the first session, which was begun and held at the city of Washington, in the District of Columbia, on Thursday, the ninth day of March, 1933, and was adjourned without day on Friday, the sixteenth day of June, 1933.Franklin D. Roosevelt, President; John N. Garner, Vice President; Key Pittman, President of the Senate pro tempore; Henry T. Rainey, Speaker of the House of Representatives. To provide relief in the existing national emergency in banking, and for other purposes. Chapter 1 48 Stat. 1 1933-03-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 1.]

AN ACT To provide relief in the existing national emergency in banking, and for other purposes.

March 9, 1933.

[H.R. 1491.]

[Public, No. 1.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Congress

National banking system.

Emergency declared existing.

hereby declares that a serious emergency exists and that it is imperatively necessary speedily to put into effect remedies of uniform national application.

<num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Section</inline> 1. </num> <content>The actions, regulations, rules, licenses, orders and<sidenote>Proclamations, orders, etc., issued since March 4, 1933; approval.Post, p. 343.Trading with the Enemy Act, amended.Vol. 40, pp. 415, 966, amended.Foreign exchange, export or hoarding of coin, bullion, etc.Regulatory powers of President during national emergency.</sidenote> proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by subdivision (b) of section 5 of the Act of October 6, 1917, as amended, are hereby approved and confirmed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <content>Subdivision (b) of section 5 of the Act of October 6, 1917 (40 Stat. L. 411), as amended, is hereby amended to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>During time of war or during any other period of national emergency declared by the President, the President may, through any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or payments by banking institutions as defined by the President, and export, hoarding, melting, or ear-marking of gold or silver coin or bullion or currency, by any person within the United States or any place subject to the jurisdiction thereof; and the President may require any person engaged in any<sidenote>Compulsory testimony, etc.</sidenote> transaction referred to in this subdivision to furnish under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or control of such person, either before or after such transaction is completed. Whoever willfully violates<sidenote>Punishment for violation.</sidenote> any of the provisions of this subdivision or of any license, order, rule or regulation issued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a natural person, may be imprisoned<page identifier="/us/stat/48/1" renderingPosition="bottom">1</page> <page identifier="/us/stat/48/2">2</page>for not more than ten years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both. <sidenote>“Person” construed.</sidenote>As used in this subdivision the term ‘person’ means an individual, partnership, association, or corporation.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num><sidenote>Federal Reserve Act, amended.Vol. 39, p. 752.</sidenote> <content class="inline">Section 11 of the Federal Reserve Act is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="n">“(n) </num><sidenote>Emergency impounding of gold.Authority of Secretary of Treasury.</sidenote> <content class="inline">Whenever in the judgment of the Secretary of the Treasury such action is necessary to protect the currency system of the United States, the Secretary of the Treasury, in his discretion, may require any or all individuals, partnerships, associations and corporations to pay and deliver to the Treasurer of the United States any or all gold coin, gold bullion, and gold certificates owned by such individuals, <sidenote>Exchange for any other form of currency, etc.</sidenote>partnerships, associations and corporations. Upon receipt of such gold coin, gold bullion or gold certificates, the Secretary of the Treasury shall pay therefor an equivalent amount of any other form of coin or currency coined or issued under the laws of <sidenote>Reimbursing transportation costs.</sidenote>the United States. The Secretary of the Treasury shall pay all costs of the transportation of such gold bullion, gold certificates, coin, or currency, including the cost of insurance, protection, and <sidenote>Hoarding, etc., deemed an offense.</sidenote>such other incidental costs as may be reasonably necessary. Any individual, partnership, association, or corporation failing to comply with any requirement of the Secretary of the Treasury made under <sidenote>Penalty.</sidenote>this subsection shall be subject to a penalty equal to twice the value of the gold or gold certificates in respect of which such failure occurred, and such penalty may be collected by the Secretary of the Treasury by suit or otherwise.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Sec</inline>. 4. </num><sidenote>Operations of the National Banking and Federal Reserve Systems.Emergency suspension, etc., provided for.</sidenote> <content class="inline">In order to provide for the safer and more effective operation of the National Banking System and the Federal Reserve System, to preserve for the people the full benefits of the currency provided for by the Congress through the National Banking System and the Federal Reserve System, and to relieve interstate commerce of the burdens and obstructions resulting from the receipt on an unsound or unsafe basis of deposits subject to withdrawal by check, during such emergency period as the President of the United States <sidenote>Proclamation.</sidenote>by proclamation may prescribe, no member bank of the Federal Reserve System shall transact any banking business except to such extent and subject to such regulations, limitations and restrictions as may be prescribed by the Secretary of the Treasury, with the <sidenote>Penalty for violation.</sidenote>approval of the President. Any individual, partnership, corporation, or association, or any director, officer or employee thereof, violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 or, if a natural person, may, in addition to such <sidenote>Each day a separate offense.</sidenote>fine, be imprisoned for a term not exceeding ten years. Each day that any such violation continues shall be deemed a separate offense.</content> </section> <num value="II">TITLE II</num> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote>“Bank Conservation Act.”Citation of title.Terms construed.Post, p. 72.</sidenote> <content class="inline">This title may be cited as the “<shortTitle role="title">Bank Conservation Act.</shortTitle>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>As used in this title, the term “bank” means (1) any national banking association, and (2) any bank or trust company located in the District of Columbia and operating under the supervision of the Comptroller of the Currency; and the term “State” means any State, Territory, or possession of the United States, and the Canal Zone.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote>Conservators.</sidenote> <content class="inline">Whenever he shall deem it necessary in order to conserve the assets of any bank for the benefit of the depositors and other <page identifier="/us/stat/48/3">3</page>creditors thereof, the Comptroller of the Currency may appoint a<sidenote>Appointment.Bond, etc., required.</sidenote> conservator for such bank and require of him such bond and security as the Comptroller of the Currency deems proper. The conservator,<sidenote>To take over all books, assets, etc.</sidenote> under the direction of the Comptroller, shall take possession of the books, records, and assets of every description of such bank, and take such action as may be necessary to conserve the assets of such bank pending further disposition of its business as provided by law. Such conservator shall have all the rights, powers, and<sidenote>Powers and obligations of.</sidenote> privileges now possessed by or hereafter given receivers of insolvent national banks and shall be subject to the obligations and penalties, not inconsistent with the provisions of this title, to which receivers are now or may hereafter become subject. During the time that such<sidenote>Rights under.</sidenote> conservator remains in possession of such bank, the rights of all parties with respect thereto shall, subject to the other provisions of this title, be the same as if a receiver had been appointed therefor. All expenses of any such conservatorship shall be paid out of the<sidenote>Expenses of conservatorship.</sidenote> assets of such bank and shall be a lien thereon which shall be prior to any other lien provided by this Act or otherwise. The conservator<sidenote>Salary.</sidenote> shall receive as salary an amount no greater than that paid to employees of the Federal Government for similar services.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content>The Comptroller of the Currency shall cause to be made<sidenote>Bank examination; reports.</sidenote> such examinations of the affairs of such bank as shall be necessary to inform him as to the financial condition of such bank, and the examiner shall make a report thereon to the Comptroller of the Currency at the earliest practicable date.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content>If the Comptroller of the Currency becomes satisfied that<sidenote>Termination of conservatorship and resumption of bank business.</sidenote> it may safely be done and that it would be in the public interest, he may, in his discretion, terminate the conservatorship and permit such bank to resume the transaction of its business subject to such terms, conditions, restrictions and limitations as he may prescribe.</content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content>While such bank is in the hands of the conservator<sidenote>Sums for depositors’ withdrawals or payments for creditors set aside by conservator.</sidenote> appointed by the Comptroller of the Currency, the Comptroller may require the conservator to set aside and make available for withdrawal by depositors and payment to other creditors, on a ratable basis, such amounts as in the opinion of the Comptroller may safely be used for this purpose; and the Comptroller may, in his discretion,<sidenote>Receipt of deposits.</sidenote> permit the conservator to receive deposits, but deposits received while the bank is in the hands of the conservator shall not be subject<sidenote>Certain limitations not applicable to.</sidenote> to any limitation as to payment or withdrawal, and such deposits shall be segregated and shall not be used to liquidate any indebtedness<sidenote>Segregation; restriction on use, etc.</sidenote> of such bank existing at the time that a conservator was appointed for it, or any subsequent indebtedness incurred for the purpose of liquidating any indebtedness of such bank existing at the time such conservator was appointed. Such deposits received while<sidenote>To be kept on hand in cash.</sidenote> the bank is in the hands of the conservator shall be kept on hand in cash, invested in the direct obligations of the United States, or deposited with a Federal reserve bank. The Federal reserve banks<sidenote>Separate accounts to be kept.</sidenote> are hereby authorized to open and maintain separate deposit accounts for such purpose, or for the purpose of receiving deposits from State officials in charge of State banks under similar circumstances.</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content>In any reorganization of any national banking association<sidenote>Bank reorganization.Post, p. 72.Requirements, etc.</sidenote> under a plan of a kind which, under existing law, requires the consent, as the case may be, (a) of depositors and other creditors or (b) of stockholders or (c) of both depositors and other creditors and stockholders, such reorganization shall become effective only (1) when the Comptroller of the Currency shall be satisfied that the plan<sidenote>Approval of Comptroller.</sidenote> of reorganization is fair and equitable as to all depositors, other cred-<page identifier="/us/stat/48/4">4</page>itors and stockholders and is in the public interest and shall have approved the plan subject to such conditions, restrictions and limitations as he may prescribe and (2) when, after reasonable notice of <sidenote>Consent of depositors representing 75 per cent of deposits, etc.</sidenote>such reorganization, as the case may require, (A) depositors and other creditors of such bank representing at least 75 per cent in amount of its total deposits and other liabilities as shown by the <sidenote>Or stockholders.</sidenote>books of the national banking association or (B) stockholders owning at least two-thirds of its outstanding capital stock as shown by <sidenote>Depositors and other creditors.</sidenote>the books of the national banking association or (C) both depositors and other creditors representing at least 75 per cent in amount of the total deposits and other liabilities and stockholders owning at least two-thirds of its outstanding capital stock as shown by the books of the national banking association, shall have consented in waiting <sidenote>Proviso.Satisfied claims to be deducted.</sidenote>to the plan of reorganization: <proviso> Provided, however, That claims of depositors or other creditors which will be satisfied in full under the provisions of the plan of reorganization shall not be included among the total deposits and other liabilities of the national banking association in determining the 75 per cent thereof as above provided <sidenote>Disposition of records, assets, etc., on reorganization.</sidenote>When such reorganization becomes effective, all books, records, and assets of the national banking association shall be disposed of in accordance with the provisions of the plan and the affairs of the national banking association shall be conducted by its board of directors in the manner provided by the plan and under the conditions, restrictions and limitations which may have been prescribed <sidenote>Plan to apply equally.</sidenote>by the Comptroller of the Currency. In any reorganization which shall have been approved and shall have become effective as provided herein, all depositors and other creditors and stockholders of such national banking association, whether or not they shall have consented to such plan of reorganization, shall be fully and in all respects subject to and bound by its provisions, and claims of all depositors and other creditors shall be treated as if they had consented to such plan of reorganization.</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num><sidenote>Segregation of deposits to cease.</sidenote> <content class="inline">After fifteen days after the affairs of a bank shall have been turned back to its board of directors by the conservator, either with or without a reorganization as provided in section 207 hereof, the provisions of section 206 of this title with respect to the segregation of deposits received while it is in the hands of the conservator and with respect to the use of such deposits to liquidate the indebtedness <sidenote>Proviso.Notice before turning back control.</sidenote>of such bank shall no longer be effective: <proviso> Provided, That before the conservator shall turn back the affairs of the bank to its board of directors he shall cause to be published in a newspaper published in the city, town or county in which such bank is located, and if no newspaper is published in such city, town or county, in a newspaper to be selected by the Comptroller of the Currency published in the State in which the bank is located, a notice in form approved by the Comptroller, stating the date on which the affairs of the bank will be returned to its board of directors and that the said provisions of <sidenote>To be furnished each depositor.</sidenote>section 206 will not be effective after fifteen days after such date; and on the date of the publication of such notice the conservator shall immediately send to every person who is a depositor in such bank under section 206 a copy of such notice by registered mail addressed to the last known address of such person as shown by the records of the bank, and the conservator shall send similar notice in like manner to every person making deposit in such bank under section 206 after the date of such newspaper publication and before the time when the affairs of the bank are returned to its directors</proviso>.</content> </section> <page identifier="/us/stat/48/5">5</page> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content>Conservators appointed pursuant to the provisions of this<sidenote>Provisions governing conservators.<ref href="/us/rs/s5209/p1007">R.S. sec. 5209, p. 1007</ref>; <ref href="/us/usc/pp291/475">U.S.C. pp. 291, 475</ref>.Vol. 35, p. 1108.Vol. 40, p. 072.</sidenote> title shall be subject to the provisions of and to the penalties prescribed by section 5209 of the Revised Statutes (U. S. C., Title 12, sec. 592); and sections 112,113, 114,115, 116 and 117 of the Criminal Code of the United States (U. S. C., Title 18, secs. 202, 203, 204, 205, 206 and 207), in so far as applicable, are extended to apply to contracts, agreements, proceedings, dealings, claims and controversies by or with any such conservator or the Comptroller of the Currency under the provisions of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <content>Nothing in this title shall be construed to impair in any<sidenote>Powers of President, etc., not impaired.</sidenote> manner any powers of the President, the Secretary of the Treasury, the Comptroller of the Currency, or the Federal Reserve Board.</content> </section> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <content>The Comptroller of the Currency is hereby authorized<sidenote>Rules to be prescribed.</sidenote> and empowered, with the approval of the Secretary of the Treasury, to prescribe such rules and regulations as he may deem necessary in order to carry out the provisions of this title. Whoever violates any rule or regulation made pursuant to this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned not more than one year, or both.</content> </section> <num value="III">TITLE III</num> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content>Notwithstanding any other provision of law, any national<sidenote>National banks.Preferred stock.Post, p. 147.</sidenote> banking association may, with the approval of the Comptroller of the Currency and by vote of shareholders owning a majority of the<sidenote>Issue of, by vote of shareholders.</sidenote> stock of such association, upon not less than five days’ notice, given by registered mail pursuant to action taken by its board of directors, issue preferred stock in such amount and with such par value as shall<sidenote>Amount, par value, etc.</sidenote> be approved by said Comptroller, and make such amendments to its articles of association as may be necessary for this purpose; but, in the case of any newly organized national banking association which has not yet issued common stock, the requirement of notice to and vote of shareholders shall not apply. No issue of preferred stock<sidenote>Payment.</sidenote> shall be valid until the par value of all stock so issued shall be paid in.</content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The holders of such preferred stock shall be entitled<sidenote>Dividends.Post, p. 148.</sidenote> to cumulative dividends at a rate not exceeding 6 per centum per annum, but shall not be held individually responsible as such holders<sidenote>Liability of shareholders.</sidenote> for any debts, contracts, or engagements of such association and shall not be liable for assessments to restore impairments in the capital of such association as now provided by law with reference to holders of common stock. Notwithstanding any other provision of law, the<sidenote>Voting rights.</sidenote> holders of such preferred stock shall have such voting rights, and such stock shall be subject to retirement in such manner and on such<sidenote>Retirement provisions.</sidenote> terms and conditions, as may be provided in the articles of association with the approval of the Comptroller of the Currency.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>No dividends shall be declared or paid on common stock until<sidenote>Priority.</sidenote> the cumulative dividends on the preferred stock shall have been paid in full; and, if the association is placed in voluntary liquidation or a conservator or a receiver is appointed therefor, no payments shall be made to the holders of the common stock until the holders of the preferred stock shall have been paid in full the par value of such stock plus all accumulated dividends.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content>The term “common stock” as used in this title means<sidenote>Definitions.“Common stock.”</sidenote> stock of national banking associations other than preferred stock issued under the provisions of this title. The term “capital” as used<sidenote>“Capital.”</sidenote> in provisions of law relating to the capital of national banking associations shall mean the amount of unimpaired common stock plus <page identifier="/us/stat/48/6">6</page>the amount of preferred stock outstanding and unimpaired; and the <sidenote>“Capital stock,”</sidenote>term “capital stock”, as used in section 12 of the Act of March 14, 1900, shall mean only the amount of common stock outstanding.</content> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num><sidenote>Reconstruction Finance Corporation.Subscription for preferred stock.Post, p. 21.</sidenote> <content class="inline">If in the opinion of the Secretary of the Treasury any national banking association or any State bank or trust company is in need of funds for capital purposes either in connection with the organization or reorganization of such association, State bank or trust company or otherwise, he may, with the approval of the President, request the Reconstruction Finance Corporation to subscribe for preferred stock in such association, State bank or trust company, or to make loans secured by such stock as collateral, and the Reconstruction <sidenote>Sale of, permitted.</sidenote>Finance Corporation may comply with such request. The Reconstruction Finance Corporation may, with the approval of the Secretary of the Treasury, and under such rules and regulations as he may prescribe, sell in the open market or otherwise the whole or any part of the preferred stock of any national banking association, State bank or trust company acquired by the Corporation pursuant <sidenote>Increase of outstanding obligations authorized.</sidenote>to this section. The amount of notes, bonds, debentures, and other such obligations which the Reconstruction Finance Corporation is authorized and empowered to issue and to have outstanding at any one time under existing law is hereby increased by an amount sufficient to carry out the provisions of this section.</content> </section> <num value="IV">TITLE IV</num> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote>Federal Reserve Act, amendments.Vol. 38, p. 269, amended.<ref href="/us/usc/p286">U.S.C., p. 286</ref>.Delivery of circulating notes on deposit of U.S. bonds, etc.Post, p. 21.</sidenote> <content class="inline">The sixth paragraph of Section 18 of the Federal Reserve Act is amended to read as follows: <quotedContent> “Upon the deposit with the Treasurer of the United States, (a) of any direct obligations of the United States or (b) of any notes, drafts, bills of exchange, or bankers’ acceptances acquired under the provisions of this Act, any Federal reserve bank making such deposit in the manner prescribed by the Secretary of the Treasury shall be entitled to receive from the Comptroller of the Currency circulating notes in blank, duly registered and countersigned. <sidenote>Amount of issue.</sidenote>When such circulating notes are issued against the security of obligations of the United States, the amount of such circulating notes shall be equal to the face value of the direct obligations of the United States so deposited as security; and, when issued against the security of notes, drafts, bills of exchange and bankers’ acceptances acquired under the provisions of this Act, the amount thereof shall be equal to not more than 90 per cent of the estimated value of such notes, drafts, bills of exchange and bankers’ acceptances so deposited <sidenote>Value, use, etc.</sidenote>as security. Such notes shall be the obligations of the Federal reserve bank procuring the same, shall be in form prescribed by the Secretary of the Treasury, shall be receivable at par in all parts of the United States for the same purposes as are national bank notes, <sidenote>Redemption.</sidenote>and shall be redeemable in lawful money of the United States on presentation at the United States Treasury or at the bank of issue. <sidenote>Regulations.</sidenote>The Secretary of the Treasury is authorized and empowered to prescribe regulations governing the issuance, redemption, replacement, retirement and destruction of such circulating notes and the release <sidenote>Tax.</sidenote>and substitution of security therefor. Such circulating notes shall be subject to the same tax as is provided by law for the circulating notes of national banks secured by 2 per cent bonds of the United <sidenote>Issue to cease when emergency terminates; exception.</sidenote>States. No such circulating notes shall be issued under this paragraph after the President has declared by proclamation that the <page identifier="/us/stat/48/7">7</page>emergency recognized by the President by proclamation of March 6, 1933, has terminated, unless such circulating notes are secured by deposits of bonds of the United States bearing the circulation privilege. When required to do so by the Secretary of the Treasury,<sidenote>Agent of Treasurer or Comptroller of the Currency.</sidenote> each Federal reserve agent shall act as agent of the Treasurer of the United States or of the Comptroller of the Currency, or both, for the performance of any of the functions which the Treasurer or the Comptroller may be called upon to perform in carrying out the provisions of this paragraph. Appropriations available for distinctive<sidenote>Sums available for expenses.</sidenote> paper and printing United States currency or national bank currency are hereby made available for the production of the circulating notes of Federal reserve banks herein provided; but the United<sidenote>Reimbursement.</sidenote> States shall be reimbursed by the Federal reserve bank to which such notes are issued for all expenses necessarily incurred in connection with the procuring of such notes and all other expenses incidental to their issue, redemption, replacement, retirement and destruction.” </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>Section 10(b) of the Federal Reserve Act, as amended,<sidenote>Vol. 47, p. 56, amended.<ref href="/us/usc/p136">U.S.C., Supp. VI, p. 136</ref>.Advances to member banks when acceptable assets not available for rediscount.Post, p. 21.</sidenote> is further amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="10b">“<inline class="smallCaps">Sec</inline>. 10(b). </num> <content>In exceptional and exigent circumstances, and when any member bank has no further eligible and acceptable assets available to enable it to obtain adequate credit accommodations through rediscounting at the Federal reserve bank or any other method provided by this Act other than that provided by section 10 (a), any Federal reserve bank, under rules and regulations prescribed by the Federal Reserve Board, may make advances to such member bank<sidenote>Security.</sidenote> on its time or demand notes secured to the satisfaction of such Federal reserve bank. Each such note shall bear interest at a rate not<sidenote>Interest.</sidenote> less than 1 per centum per annum higher than the highest discount rate in effect at such Federal reserve bank on the date of such note. No advance shall be made under this section after March 3, 1934, or<sidenote>Expiration.</sidenote> after the expiration of such additional period not exceeding one year as the President may prescribe.”</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content>Section 13 of the Federal Reserve Act, as amended, is amended by adding at the end thereof the following new paragraph: <quotedContent> “Subject to such limitations, restrictions and regulations as the<sidenote>Advances to individuals, etc.</sidenote> Federal Reserve Board may prescribe, any Federal reserve bank may make advances to any individual, partnership or corporation on the promissory notes of such individual, partnership or corporation secured by direct obligations of the United States. Such advances<sidenote>Security, interest, etc.</sidenote> shall be made for periods not exceeding 90 days and shall bear interest at rates fixed from time to time by the Federal reserve bank, subject to the review and determination of the Federal Reserve<sidenote>Post, p. 20.</sidenote> Board.” </quotedContent> </content> </section> <num value="V">TITLE V</num> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content>There is hereby appropriated, out of any money in the<sidenote>Appropriation.</sidenote> Treasury not otherwise appropriated, the sum of $2,000,000, which shall be available for expenditure, under the direction of the President and in his discretion, for any purpose in connection with the carrying out of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <content>The right to alter, amend, or repeal this Act is hereby<sidenote>Amendment, etc.</sidenote> expressly reserved. If any provision of this Act, or the application<sidenote>Saving provision.</sidenote> thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.</content> </section> Approved, March 9, 1933, 8.30 p. m.

To provide for certain expenses incident to the first session of the Seventy-third Congress. Chapter 2 48 Stat. 8 1933-03-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 8 [CHAPTER 2.]

JOINT RESOLUTION To provide for certain expenses incident to the first session of the Seventy-third Congress.

March 17, 1933.

[H. J. Res. 75.]

[Pub. Res., No. 1.]

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

Appropriations for certain expenses, first session, Seventy-third Congress.

Mileage.

Sums available.

Vol. 47, pp. 1351, 1354.

That the appropriations for mileage of Senators, Representatives, the Resident Commissioner from Puerto Rico, and the Delegate from Hawaii, and for expenses of the Delegate from Alaska and the Resident Commissioners from the Philippine Islands, contained in the Legislative Appropriation Act for the fiscal year 1934, are hereby made immediately available and authorized to be paid to Senators, Representatives, Delegates, and Resident Commissioners, for attendance on the first session of the Seventy-third Congress.

Stationery.

Vol. 47, p. 1358.

The appropriation for stationery for Representatives, Delegates, and Resident Commissioners, and for the committees and officers of the House, contained in the Legislative Appropriation Act for the

Limitations waived.

Vol. 47, p. 408.

fiscal year 1934, is hereby made immediately available for expenditure on account of the first session of the Seventy-third Congress notwithstanding the provisions of section 304 of the Act of June 30,

Proviso.

Stationery allowance.

1932 (47 Stat. 408): Provided, That from such sum each Representative, Delegate, and Resident Commissioner shall be allowed $90 for stationery allowance or commutation therefor.

Approved, March 17, 1933.

To maintain the credit of the United States Government. Chapter 3 48 Stat. 8 1933-03-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 3.]

AN ACT To maintain the credit of the United States Government.

March 20, 1933.

[H.R. 2820.]

[Public, No. 2.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Maintenance of credit of United States.

<num value="I">TITLE I</num> <heading><inline class="smallCaps">veterans</inline></heading><sidenote>Veterans.</sidenote> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Section</inline> 1. </num><sidenote>Pensions.Regulations of the President.Post, pp. 524, 1282.Executive orders, Nos. 6089–6100, March 31, 1933; 6156–6159, June 6, 1933; 6231–6234, July 28, 1933.Classes entitled.Disease, etc., in line of duty.</sidenote> <chapeau class="inline">That subject to such requirements and limitations as shall be contained in regulations to be issued by the President, and within the limits of appropriations made by Congress, the following classes of persons may be paid a pension:</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Any person who served in the active military or naval service and who is disabled as a result of disease or injury or aggravation of a preexisting disease or injury incurred in line of duty in such service.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num><sidenote>Certain war-time services.</sidenote> <content class="inline">Any person who served in the active military or naval service during the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, or the World War, and who is <sidenote>Proviso.Spanish-American War veteran over 62.</sidenote>permanently disabled as a result of injury or disease: <proviso> Provided, That nothing contained in this title shall deny a pension to a Spanish-American War veteran past the age of sixty-two years entitled to a pension under existing law, but the President may reduce the rate of pension as he may deem proper</proviso>.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num><sidenote>Widows, dependent parents, etc.</sidenote> <content class="inline">The widow, child, or children, dependent mother or father, of any person who dies as a result of disease or injury incurred or aggravated in line of duty in the active military or naval service.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num><sidenote>Designated war service.</sidenote> <content class="inline">The widow and/or child of any deceased person who served in the active military or naval service during the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection.</content> </subsection> <page identifier="/us/stat/48/9">9</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>For the purpose of subparagraph (b) of this section, the<sidenote>Fixing World War service.</sidenote> World War shall be deemed to have ended November 11, 1918.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <content>The minimum and maximum monthly rate of pension<sidenote>Minimum and maximum rates.Post, p. 524.</sidenote> which may be paid for disability or death shall be as follows: For disability, from $6 to $275; for death, from $12 to $75.</content> </section> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num> <chapeau class="inline">For each class of persons specified in subparagraphs (a)<sidenote>Degrees of disability.</sidenote> and (b) of section 1 of this title the President is hereby authorized to prescribe by regulation the minimum degrees of disability and such higher degrees of disability, if any, as in his judgment should be recognized and prescribe the rate of pension payable for each such degree of disability. In fixing rates of pensions for disability<sidenote>Death.</sidenote> or death the President shall prescribe by regulation such differentiation as he may deem just and equitable, in the rates to be paid to veterans of different wars and/or their dependents and to be paid for</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Disabilities and deaths resulting from disease or injury<sidenote>War-time service.</sidenote> incurred or aggravated in line of duty in war-time service;</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Disabilities and deaths resulting from disease or injury<sidenote>Peace-time service.</sidenote> incurred or aggravated in line of duty in peace-time service;</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Disabilities and deaths not incurred in service.<sidenote>Not in service.</sidenote> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Sec</inline>. 4. </num> <content>The President shall prescribe by regulation (subject to the<sidenote>Prescribing duration of certain wars.</sidenote> provisions of section 1 (e) of this title) the date of the beginning and of the termination of the period in each war subsequent to the Civil War, including the Boxer Rebellion and the Philippine Insurrection, service within which shall for the purposes of this Act be deemed war-time service. The President shall further prescribe by<sidenote>Regulations as to service, claims, etc.</sidenote> regulation the required number of days of war or peace time service for each class of veterans, the time limit on filing of claims for each class of veterans and their dependents, the nature and extent of proofs and presumptions for such different classes, and any other requirements as to entitlement as he shall deem equitable and just. The President in establishing conditions precedent may prescribe<sidenote>Classification, conditions, etc.</sidenote> different requirements or conditions for the veterans of different wars and their dependents and may further subdivide the classes of persons as outlined in section 1 of this title and apply different requirements or conditions to such subdivisions.</content> </section> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec</inline>. 5. </num> <content>All decisions rendered by the Administrator of Veterans’<sidenote>Finality of decisions.</sidenote> Affairs under the provisions of this title, or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and no other official or court of the United States shall have jurisdiction to review by mandamus or otherwise any such decision.</content> </section> <section class="firstIndent1 fontsize10"> <num value="6"><inline class="smallCaps">Sec</inline>. 6. </num> <content>In addition to the pensions provided in this title, the<sidenote>Domiciliary care.Post, pp. 301, 525.</sidenote> Administrator of Veterans’ Affairs is hereby authorized under such limitations as may be prescribed by the President, and within the limits of existing Veterans’ Administration facilities, to furnish to veterans of any war, including the Boxer Rebellion and the Philippine Insurrection, domiciliary care where they are suffering with permanent disabilities, tuberculosis or neuropsychiatric ailments and medical and hospital treatment for diseases or injuries.</content> </section> <section class="firstIndent1 fontsize10"> <num value="7"><inline class="smallCaps">Sec</inline>. 7. </num> <content>The Administrator of Veterans’ Affairs subject to the general<sidenote>Administrator of Veterans’ Affairs.Authority, etc.</sidenote> direction of the President and in accordance with regulations to be issued by the President shall administer, execute, and enforce the provisions of this title and for such purpose shall have the same authority and powers as are provided in sections 425, 430, 431, 432,<sidenote><ref href="/us/usc/p1215">U.S.C., p. 1215</ref>.</sidenote> 433, 434, 440, 442, 443, 444, 447, 450, 451, 453, 455, 457, 458, 459, 459a, 459c, 459d, 459e, 459f, title 38, U. S. C., and such other sections of title 38, U. S. C., as relate to the administration of the laws granting pensions.</content> </section> <page identifier="/us/stat/48/10">10</page> <section class="firstIndent1 fontsize10"> <num value="8"><inline class="smallCaps">Sec</inline>. 8. </num><sidenote>Delegation of authority.</sidenote> <content class="inline">The Administrator of Veterans’ Affairs is hereby authorized in carrying out the provisions of Title 1 of this Act or any other pension Act to delegate authority to render decisions to such person or persons as he may find necessary. Within the limitations of such delegations, any decisions rendered by such person or persons shall have the same force and effect as though rendered by the Administrator <sidenote>Approval of regulations.</sidenote>of Veterans’ Affairs. The President shall personally approve all regulations issued under the provisions of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="9"><inline class="smallCaps">Sec</inline>. 9. </num><sidenote>Claims for benefits.Filing, hearings, review, etc.</sidenote> <content class="inline">Claims for benefits under this title shall be filed with the Veterans’ Administration under such regulations, including provisions for hearing, determination, and administrative review, as the President may approve, and payments shall not be made for any <sidenote>Payments, reopening, etc.</sidenote>period prior to date of application. When a claim shall be finally disallowed under this title and the regulations issued thereunder, it <sidenote>Participation by beneficiary in decision.Post, p. 526.</sidenote>may not thereafter be reopened or allowed. No person who is entitled to any benefits under this title shall participate in any determination or decision with respect to any claim for benefits under this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="10"><inline class="smallCaps">Sec</inline>. 10. </num><sidenote>Retired emergency officers.Continuance of pay, if retirement due to service injury, etc.Post, p. 112.</sidenote> <content class="inline">Notwithstanding the provisions of section 2 of this title, any person who served as an officer of the Army, Navy, or Marine Corps of the United States during the World War, other than as an officer of the Regular Army, Navy, or Marine Corps during the World War, who made valid application for retirement under the <sidenote>Vol. 45, p. 735, amended.<ref href="/us/usc/p727">U.S.C., Supp. VI, p. 727</ref>.</sidenote>provisions of Public No. 506, Seventieth Congress, enacted May 24, 1928, sections 581 and 582, title 38, United States Code, and who prior to the passage of this Act has been granted retirement with pay, shall be entitled to continue to receive retirement pay at the monthly rate now being paid him if the disability for which he has been retired resulted from disease or injury or aggravation of a preexisting disease or injury incurred in line of duty during such <sidenote>Provisos.World War service.Disability in line of duty, etc.</sidenote>service: <proviso> Provided, That such person entered active service between April 6, 1917, and November 11, 1918:</proviso> <proviso>Provided, That the disease or injury or aggravation of the disease or injury directly resulted from the performance of military or naval duty, and that such person otherwise meets the requirements of the regulations which may be issued under the provisions of this Act.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="11"><inline class="smallCaps">Sec</inline>. 11. </num><sidenote>Offenses under repealed acts.Post, p. 11.Incurred penalties, etc., prosecuted.</sidenote> <content class="inline">All offenses committed and all penalties or forfeiture incurred under the acts repealed by section 17 of this title may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made and any person who forfeited rights to benefits under any such acts shall not be entitled to any benefits under this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="12"><inline class="smallCaps">Sec</inline>. 12. </num><sidenote>Perjury.</sidenote> <content class="inline">That whoever in any claim for benefits under this title or by regulations issued pursuant to this title, makes any sworn <sidenote>Punishment for.</sidenote>statement of a material fact knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both.</content> </section> <section class="firstIndent1 fontsize10"> <num value="13"><inline class="smallCaps">Sec</inline>. 13. </num><sidenote>Fraudulently accepting pension.</sidenote> <content class="inline">That if any person entitled to payment of pension under this title, whose right to such payment under this title or under any regulation issued under this title, ceases upon the happening of any <sidenote>Punishment for.</sidenote>contingency, thereafter fraudulently accepts any such payment, he shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or both.</content> </section> <section class="firstIndent1 fontsize10"> <num value="14"><inline class="smallCaps">Sec</inline>. 14. </num><sidenote>Fraudulently obtaining money, etc.</sidenote> <content class="inline">That whoever shall obtain or receive any money, check, or pension under this title, or regulations issued under this title, without being entitled to the same, and with intent to defraud the United States or any beneficiary of the United States, shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or both.</content> </section> <page identifier="/us/stat/48/11">11</page> <section class="firstIndent1 fontsize10"> <num value="15"><inline class="smallCaps">Sec</inline>. 15. </num> <content>Any person who shall knowingly make or cause to be<sidenote>False affidavits, etc.</sidenote> made, or conspire, combine, aid, or assist in, agree to, arrange for, or in any wise procure the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, or writing purporting to be such, concerning any claim for benefits under this title, shall forfeit all rights, claims, and benefits<sidenote>Punishment for.</sidenote> under this title, and, in addition to any and all other penalties imposed by law, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both.</content> </section> <section class="firstIndent1 fontsize10"> <num value="16"><inline class="smallCaps">Sec</inline>. 16. </num> <content>Every guardian, curator, conservator, committee, or person<sidenote>Embezzlement by guardian, etc.</sidenote> legally vested with the responsibility or care of a claimant or his estate, having charge and custody in a fiduciary capacity of money paid, under the provisions of this title, for the benefit of any minor or incompetent claimant, who shall embezzle the same in violation of his trust, or convert the same to his own use, shall be punished by a fine not exceeding $2,000 or imprisonment at hard labor for a term not exceeding five years, or both.</content> </section> <section class="firstIndent1 fontsize10"> <num value="17"><inline class="smallCaps">Sec</inline>. 17. </num> <content class="inline"> All public laws granting medical or hospital treatment,<sidenote>Veterans of designated wars.Public laws granting certain allowances, etc., repealed.<ref href="/us/usc/p1191">U.S.C., p. 1191</ref>.Post, p. 526.</sidenote> domiciliary care, compensation and other allowances, pension, disability allowance, or retirement pay to veterans and the dependents of veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, and the World War, or to former members of the military or naval service for injury or disease incurred or aggravated in the line of duty in the military or naval service (except so far as they relate to persons who served prior to the Spanish-American War and to the dependents of such persons, and the retirement of officers and enlisted men of the Regular Army, Navy, Marine Corps, or Coast Guard) are hereby repealed,<sidenote>Term insurance.<ref href="/us/usc/p1225">U.S.C., p. 1225</ref>.</sidenote> and all laws granting or pertaining to yearly renewable term insurance are hereby repealed, but payments in accordance with such laws shall continue to the last day of the third calendar month following the month during which this Act is enacted. The Administrator of Veterans’ Affairs under the general direction of the President shall<sidenote>Review of allowed claims.</sidenote> immediately cause to be reviewed all allowed claims under the above referred to laws and where a person is found entitled under this Act, authorize payment or allowance of benefits in accordance with the provisions of this Act commencing with the first day of the fourth calendar month following the month during which this Act is enacted and notwithstanding the provisions of section 9 of<sidenote>Ante, p. 10.</sidenote> this Act, no further claim in such cases shall be required: <proviso> Provided,<sidenote>Provisos.Matured insurance.</sidenote> That nothing contained in this section shall interfere with payments heretofore made or hereafter to be made under contracts of yearly renewable term insurance which have matured prior to the date of enactment of this Act and under which payments have been commenced, or on any judgment heretofore rendered in a court of competent jurisdiction in any suit on a contract of yearly renewable term insurance, or which may hereafter be rendered in any such suit now pending</proviso>: <proviso> Provided further, That, subject to such regulations as<sidenote>Funeral, etc., expenses.Post, p. 310.</sidenote> the President may prescribe, allowances may be granted for burial and funeral expenses and transportation of the bodies (including preparation of the bodies) of deceased veterans of any war to the places of burial thereof in a sum not to exceed $107 in any one case</proviso>. The provisions of this title shall not apply to compensation or<sidenote>Disabled veterans, pensions, etc.</sidenote> pension (except as to rates, time of entry into active service and special statutory allowances), being paid to veterans disabled, or dependents of veterans who died, as the result of disease or injury directly connected with active military or naval service (without benefit of statutory or regulatory presumption of service connection) <page identifier="/us/stat/48/12">12</page><sidenote>Emergency officers’ retired pay not included.</sidenote>pursuant to the provisions of the laws in effect on the date of enactment of this Act. The term “compensation or pension” as <sidenote>Ante, p. 10.</sidenote>used in this paragraph shall not be construed to include emergency officers’ retired pay referred to in section 10 of this title. </content> </section> <section class="firstIndent1 fontsize10"> <num value="18"><inline class="smallCaps">Sec</inline>. 18. </num><sidenote>Payments for fiscal year 1934 reduced.Post, p. 521.</sidenote> <content class="inline">For the fiscal year ending June 30, 1934, any pension, and/or any other monetary gratuity, payable to former members of the military or naval service in wars prior to the Spanish-American War, and their dependents, for service, age, disease, or injury, except retired pay of officers and enlisted men of the Regular Army, Navy, Marine Corps, or Coast Guard, shall be reduced by 10 per centum of the amount payable.</content> </section> <section class="firstIndent1 fontsize10"> <num value="19"><inline class="smallCaps">Sec</inline>. 19. </num><sidenote>Effect of Executive orders.</sidenote> <content class="inline">The regulations issued by the President under this title which are in effect at the expiration of two years after the date of enactment of this Act shall continue in effect without further change or modification until the Congress by law shall otherwise provide.</content> </section> <section class="firstIndent1 fontsize10"> <num value="20"><inline class="smallCaps">Sec</inline>. 20. </num><sidenote>Transmittal to Congress.</sidenote> <content class="inline">The President shall transmit to the Congress, as soon as practicable after the date of their issue, copies of all regulations issued pursuant to this title.</content> </section> <num value="II">TITLE II</num> <heading><sidenote>Officers and employees.</sidenote><inline class="smallCaps">officers and employees</inline></heading> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Sec</inline>. 1. </num><sidenote>Post, p. 521.Terms construed.Persons included.</sidenote> <chapeau class="inline">When used in this title—</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The terms “officer” and “employee” mean any person rendering services in or under any branch or service of the United States Government or the government of the District of Columbia, but do <sidenote>Exempted.</sidenote>not include (1) officers whose compensation may not, under the Constitution, be diminished during their continuance in office; (2) the Vice President, the Speaker of the House of Representatives, Senators, Representatives in Congress, Delegates, and Resident Commissioners; (3) officers and employees on the rolls of the Senate and House of Representatives; (4) any person in respect of any office, position, or employment the amount of compensation of which is expressly fixed by international agreement; and (5) any person in respect of any office, position, or employment the compensation of which is paid under the terms of any contract in effect on the date of the enactment of this title, if such compensation may not lawfully be reduced.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num><sidenote>“Compensation” defined.</sidenote> <content class="inline">The term “compensation” means any salary, pay, wage, allowance (except allowances for travel), or other emolument paid for services rendered in any civilian or noncivilian office, position, or employment; and includes the retired pay of judges (except judges whose compensation, prior to retirement or resignation, could not, under the Constitution, have been diminished), and the retired pay of all commissioned and other personnel of the Coast and Geodetic Survey, the Lighthouse Service, and the Public Health Service, and the retired pay of all commissioned and other personnel <sidenote>Payments excluded.</sidenote>of the Army, Navy, Marine Corps, and Coast Guard; but does not include payments out of any retirement, disability, or relief fund made up wholly or in part of contributions of employees.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num><sidenote>Determination of salaries, part of fiscal year 1933 and all of 1934.Post, p. 521.</sidenote> <chapeau class="inline">For that portion of the fiscal year 1933 beginning with the first day of the calendar month following the month during which this Act is enacted, and for the fiscal year ending June 30, 1934, the compensation of every officer or employee shall be determined as follows:—</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num><sidenote>Basis for computing.</sidenote> <content class="inline">The compensation which such officer or employee would receive under the provisions of any existing law, schedule, regulation, Executive order, or departmental order shall first be determined as though this title (except section 4) had not been enacted.</content> </subsection> <page identifier="/us/stat/48/13">13</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The compensation as determined under subparagraph (a)<sidenote>Percentage reduction.</sidenote> of this section shall be reduced by the percentage, if any, determined in accordance with section 3 of this title.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The President is authorized to investigate through<sidenote>Index figure of cost of living.Determination of, for base periods.</sidenote> established agencies of the Government the facts relating to the cost of living in the United States during the six months period ending June 30, 1928, to be known as the base period, and upon the basis of such facts and the application thereto of such principles as he may find proper, determine an index figure of the cost of living during such period. The President is further authorized to make a<sidenote>Other periods.</sidenote> similar investigation and determination of an index figure of the cost of living during the six months period ending December 31, 1932, and each six months period thereafter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The President shall announce by Executive order the index<sidenote>Announcement by Executive order.Pay readjustments.Executive Orders, Nos. 6085, March 28, 1933; 6188, July 3, 1933; 6553, January 9, 1934; 6791, July 6, 1934.Post, p. 522.</sidenote> figure for the base period and for each subsequent period determine 1 by him under paragraph (a) of this section. The percentage, in any, by which the cost of living index for any six months’ period, as provided in paragraph (a) of this section, is lower than such index for the base period, shall be the percentage of reduction applicable under section 2 (b) of this title in determining compensation to be paid during the following six months’ period, or such portion thereof during which this title is in effect: <proviso> Provided, That<sidenote>Provisos.Maximum pay reduction.</sidenote> such percentage of reduction (including reductions made under any existing law, regulation, or Executive order, in the case of subsistence and rental allowances for the services mentioned in the Pay Act<sidenote>Vol. 42, p. 628.</sidenote> of June 10, 1922) shall not exceed 15 per centum</proviso>.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Sec</inline>. 4. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 4 of An Act Making Appropriations for the<sidenote>Vol. 47, p. 1513, amended.</sidenote> Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes, approved March 3, 1933, is hereby amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="4">“<inline class="smallCaps">Sec</inline>. 4. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The provisions of the following sections of Part II<sidenote>Designated provisions of Economy Act continued effective.Vol. 47, p. 401.Post, p. 522.</sidenote> of the Legislative Appropriation Act, fiscal year 1933, are hereby continued in full force and effect during the fiscal year ending June 30, 1934, namely sections 105 (except subsections (d) and (e) thereof), 107 (except paragraph (5) of subsection (a) thereof and<sidenote>Stationery for Members of Congress.Post, p. 318.</sidenote> subsection (b) thereof), 201, 203, 206 (except subsection (a) thereof), 214, 216, 304, 315, 317, 318, and 323, and for the purpose of continuing such sections, in the application of such sections with respect to the fiscal year ending June 30, 1934, the figures ‘1933’ shall be read as ‘1934’; the figures ‘1934’ as ‘1935’; and the figures ‘1935’ as ‘1936’; and, in the case of section 203, the figures ‘1932’ shall be read as ‘1933’; except that in the application of such sections with respect to the fiscal year ending June 30, 1934 (but not with respect to the fiscal year ending June 30, 1933), the<sidenote>Modifications.</sidenote> following amendments shall apply:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Section 216 is amended by striking out the period at the<sidenote>Furloughs.</sidenote> end thereof and inserting in lieu thereof a colon and the following: <proviso>‘<quotedText> Provided further, That no employee under the classified civil service<sidenote>Maximum period, fiscal year 1934.Vol. 47, p. 1514, amended.</sidenote> shall be furloughed under the provisions of this section for a total of more than 90 days during the fiscal year 1934, except after full and complete compliance with all the provisions of the civil-service laws and regulations relating to reductions in personnel.</quotedText>’</proviso></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Section 317 is amended by striking out the period at the end<sidenote>Transfer of appropriations.Limitation “public works” personnel.Vol. 47, p. 1514, amended.</sidenote> thereof and inserting in lieu thereof a colon and the following: <proviso>‘<quotedText> Provided further, That no part of any appropriation for “public works”, nor any part of any allotment or portion available for “public works” under any appropriation, shall be transferred pursuant to the authority of this section to any appropriation for expenditure for personnel unless such personnel is required upon or in connection <page identifier="/us/stat/48/14">14</page><sidenote>“Public works” construed.</sidenote>with “public works.” “Public works” as used in this section shall comprise all projects falling in the general classes enumerated in Budget Statement No. 9, pages A177 to A182, inclusive, of the Budget for the fiscal year 1934, and shall also include the procurement of new airplanes and the construction of vessels under appropriations <sidenote>Official interpretation conclusive.</sidenote>for “Increase of the Navy.” The interpretation by the Director of the Bureau of the Budget, or by the President in the cases of the War Department and the Navy Department, of “public works” as defined and designated herein shall be conclusive.</quotedText>’</proviso></content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num><sidenote>Inconsistent acts, etc., suspended.</sidenote> <content class="inline">All Acts or parts of Acts inconsistent or in conflict with the provisions of such sections as amended, are hereby suspended during the period in which such sections, as amended, are in effect.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">“(c) </num><sidenote>Suits respecting pay, etc., restricted.</sidenote> <content class="inline">No court of the United States shall have jurisdiction of any suit against the United States or (unless brought by the United <sidenote>Vol. 47, pp. 401, 402.</sidenote>States) against any officer, agency, or instrumentality of the United States arising out of the application as provided in this section, of such sections 105 or 107, as amended, unless such suit involves the Constitution of the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">“(d) </num><sidenote>Unexpended sums impounded.</sidenote> <content class="inline">The appropriations or portions of appropriations unexpended by reason of the operation of the amendments made in subsection (a) of this section shall not be used for any purpose, but shall be impounded and returned to the Treasury.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">“(e) </num><sidenote>Reduction in permanent, etc., appropriations.</sidenote> <content class="inline">Each permanent specific annual appropriation available during the fiscal year ending June 30, 1934, is hereby reduced for that fiscal year by such estimated amount as the Director of the <sidenote>Post, p. 15.</sidenote>Bureau of the Budget may determine will be equivalent to the savings that will be effected in such appropriation by reason of the application of this section and section 7.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num><sidenote>Vol. 47, p. 1515, repealed.</sidenote> <content class="inline">Sections 5 and 6 of the Treasury and Post Office Appropriation Act, fiscal year 1934, are hereby repealed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num><sidenote>Annual leave limitation.Vol. 47, p. 407, amended.</sidenote> <content class="inline">Section 215 of the Legislative Appropriation Act, fiscal year 1933 (relating to the limitation on annual leave), is amended by striking out <proviso>“<quotedText> Provided further, That nothing herein shall apply to civilian officers and employees of the Panama Canal located on the Isthmus and who are American citizens, or to officers and employees of the Foreign Services of the United States holding official station outside the continental United States</quotedText>” and inserting in lieu thereof</proviso><sidenote>Civilian employees in Canal Zone; officers holding official station outside United States, Alaska.</sidenote><proviso>“<quotedText> Provided further, That nothing herein shall apply to officers and employees of the Panama Canal and Panama Railroad Company on the Isthmus of Panama, or to officers and employees of the United States (including enlisted personnel) holding official station outside the continental United States or in Alaska.</quotedText>”</proviso></content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num><sidenote>Furloughs, overtime pay, etc.Sections repealed.Vol. 47, pp. 399–403, 406.</sidenote> <content class="inline">The following sections of Part II of the Legislative Appropriation Act, fiscal year 1933, are hereby repealed effective on the first day of the calendar month following the month in which this Act is enacted; namely, sections 101, 102, 103, 104, subsections (d) and (e) of section 105, 106, 107 (except paragraphs (1), (2), (3), and (4) of subsection (a) thereof), 108, 112, and 211.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num><sidenote>Vice President and Speaker of the House of Representatives.Senators, Representatives, etc.</sidenote> <content class="inline">Subsection (a) of section 105 or the Legislative Appropriation Act, fiscal year 1933, is amended to read as follows, beginning with the first day of the calendar month following the month during which this Act is enacted: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">“(a) </num><sidenote>Salaries reduced.</sidenote> <content class="inline">The salaries of the Vice President and the Speaker of the <sidenote>Vol. 47, p. 401, amended.</sidenote>House of Representatives are reduced by 15 per centum; and the salaries of Senators, Representatives in Congress, Delegates, and Resident Commissioners are reduced by 15 per centum.”</content> </subsection> </quotedContent> </content> </subsection> <page identifier="/us/stat/48/15">15</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>Subsection (b) of section 105 of the Legislative Appropriation<sidenote>Congressional clerk hire.Vol. 47, p. 401.</sidenote> Act, fiscal year 1933, is amended to read as follows, beginning with the first day of the calendar month following the month during which this Act is enacted: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>The allowance for clerk hire of Representatives in Congress,<sidenote>Allowance for, reduced.</sidenote> Delegates, and Resident Commissioners is reduced by the percentage applicable by law to other employees on the roll of the House of Representatives, such reduced allowance to be apportioned by the Representative, Delegate, or Resident Commissioner among his clerks as he may determine, subject to the limitations of existing law, but the compensation of such clerks shall not be subject to reduction under subsection (c) of this section.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content>Subsection (c) of section 105 of the Legislative Appropriation<sidenote>Other congressional officers and employees.</sidenote> Act, fiscal year 1933, is amended to read as follows, beginning with the first day of the calendar month following the month during which this Act is enacted: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>The rate of compensation of any person on the rolls of the<sidenote>Rate of pay reduced.</sidenote> Senate or of the House of Representatives (other than persons included within subsection (a)), is reduced by the percentage applicable by law to employees of the Government generally.”</content> </subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec</inline>. 5. </num> <content>The provisions of this title providing for temporary reductions<sidenote>Retired pay.</sidenote> in compensation and suspension in automatic increases in compensation shall not operate to reduce the rate of compensation upon which the retired pay or retirement benefits of any officer or employee would be based but for the application of such provisions, but the amount of retired pay shall be reduced as provided in this title: <proviso> Provided, That retirement deductions authorized by law to be made<sidenote>Proviso.Deductions based on regular salary rate.</sidenote> from the salary, pay, or compensation of officers or employees and transferred or deposited to the credit of a retirement fund, shall be based on the regular rate of salary, pay, or compensation instead of on the rate as temporarily reduced under the provisions of this title</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="6"><inline class="smallCaps">Sec</inline>. 6. </num> <content>In the case of a corporation the majority of the stock of<sidenote>Government corporations.Pay provisions.</sidenote> which is owned by the United States, the holders of the stock on behalf of the United States, or such persons as represent the interest of the United States in such corporation, shall take such action as may be necessary to apply the provisions of this title to offices, positions, and employments under such corporation and to officers and employees thereof, with proper allowance for any reduction in compensation since December 31, 1931.</content> </section> <section class="firstIndent1 fontsize10"> <num value="7"><inline class="smallCaps">Sec</inline>. 7. </num> <content>In any case in which the application of the provisions of<sidenote>Remittances from Constitutional officers.</sidenote> this title to any person would result in a diminution of compensation prohibited by the Constitution, the Secretary of the Treasury<sidenote>Acceptance; sums covered in.</sidenote> is authorized to accept from such person, and cover into the Treasury as miscellaneous receipts, remittance of such part of the compensation of such person as would not be paid to him if such diminution of compensation were not prohibited.</content> </section> <section class="firstIndent1 fontsize10"> <num value="8"><inline class="smallCaps">Sec</inline>. 8. </num> <content>The appropriations or portions of appropriations unexpended<sidenote>Unexpended sums impounded.Post, p. 523.</sidenote> by reason of the operation of this Act shall not be used for any purpose, but shall be impounded and returned to the Treasury.</content> </section> <section class="firstIndent1 fontsize10"> <num value="9"><inline class="smallCaps">Sec</inline>. 9. </num> <content>No court of the United States shall have jurisdiction of<sidenote>Suits arising hereunder.Court jurisdiction limited.</sidenote> any suit against the United States or (unless brought by the United States) against any officer, agency, or instrumentality of the United States arising out of the application of any provision of this title,<sidenote>Constitution excepted.Post, p. 522.</sidenote> unless such suit involves the Constitution of the United States.</content> </section> 16 <num value="III">TITLE III</num> <heading><inline class="smallCaps">amendments to legislative appropriation act, fiscal year, 1933</inline></heading> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Section</inline> 1. </num><sidenote>Legislative Act, fiscal year 1933.Vol. 47, pp. 414, 1519, amended.</sidenote> <content class="inline">Sections 407 and 409 of Title IV of Part II of the Legislative Appropriation Act, fiscal year 1933, as amended by section 17 of the Treasury and Post Office Appropriation Act, approved March 3, 1933, are amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="407">“<inline class="smallCaps">Sec</inline>. 407. </num><sidenote>Executive orders to be transmitted to Congress.</sidenote> <content class="inline">Whenever the President makes an Executive order under the provisions of this title, such Executive order shall be submitted <sidenote>Effective date.</sidenote>to the Congress while in session and shall not become effective until after the expiration of sixty calendar days after such transmission, unless Congress shall by law provide for an earlier effective date of such Executive order or orders.</content> </section> <section class="firstIndent1 fontsize10"> <num value="409">“<inline class="smallCaps">Sec</inline>. 409. </num><sidenote>Department reorganization, etc.Orders to be transmitted within two years.Vol. 47, p. 413.</sidenote> <content class="inline">No Executive order issued by the President in pursuance of the provisions of section 403 of this title shall become effective unless transmitted to the Congress within two years from the date of the enactment of this Act.”</content> </section> </quotedContent> </content> </section> Approved, March 20, 1933.

To provide revenue by the taxation of certain nonintoxicating liquor, and for other purposes. Chapter 4 48 Stat. 16 1933-03-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 4.]

AN ACT To provide revenue by the taxation of certain nonintoxicating liquor, and for other purposes.

March 22, 1933.

[H.R. 3341.]

[Public, No. 3.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Revenue tax provisions on certain nonintoxicating liquors.

Post, pp. 315, 467.

Alcoholic content.

That (a) there shall be levied and collected on all beer, lager beer, ale, porter, wine, similar fermented malt or vinous liquor, and fruit juice, containing one-half of 1 per centum or more of alcohol by volume, and not more than 3.2 per centum of alcohol by weight, brewed or manufactured

Vol. 41, p. 308, amended.

U.S.C., p. 853.

and, on or after the effective date of this Act, sold, or removed for consumption or sale, within the United States, by whatever

Tax rate.

name such liquors or fruit juices may be called, a tax of $5 for every barrel containing not more than thirty-one gallons, and at a like rate for any other quantity or for the fractional parts of a barrel authorized and defined by law, to be collected under the provisions

To be in lieu of present tax.

of existing law. The tax imposed by this section upon any beverage shall, if any tax is now imposed thereon by law, be in lieu of such tax from the time the tax imposed by this section takes effect. Nothing

Higher or lower alcoholic strength.

in this section shall in any manner affect the internal-revenue tax on beer, lager beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice, containing more than 3.2 per centum of alcohol by weight, or less than one-half of 1 per centum of alcohol

Terms defined.

by volume. As used in this section the term “United States” includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia. (b)

R.S. sec. 3244, p. 622.

U.S.C., p. 740.

Paragraph “First” of section 3244 of the Revised Statutes (U. S. C., title 26, sec. 202) is amended to read as follows: “First.

Brewer’s tax on each brewery.

Post, p. 315.

Brewer defined.

Brewers shall pay $1,000 in respect of each brewery. Every person who manufactures fermented liquors of any name or description for sale, from malt, wholly or in part, or from any substitute therefor, containing one-half of 1 per centum or more of alcohol by volume, shall be deemed a brewer.” (c)

Laws not repealed.

Vol. 40, p. 1105; Vol. 45, p. 868.

Nothing in this Act shall be construed as repealing any special tax or administrative provision of the internal revenue laws applicable in respect of any of the following containing one-half of 1 per centum or more of alcohol by volume and not more than 3.2 17per centum of alcohol by weight: Beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice.

Sec. 2. The second, third, and fourth paragraphs of section 37 of

National Prohibition Act.

Certain provisions repealed.

Vol. 41, p. 318.

U.S.C., p. 860.

Acts not affected by.

Post, p. 430.

Title II of the National Prohibition Act, as amended and supplemented (U. S. C., title 27, secs. 58, 59, and 60), are hereby repealed.

Sec. 3. (a) Nothing in the National Prohibition Act, as amended and supplemented, shall apply to any of the following, or to any act or failure to act in respect of any of the following, containing not more than 3.2 per centum of alcohol by weight: Beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice; but the

Application to containers, not labeled, etc.

National Prohibition Act, as amended and supplemented, shall apply to any of the foregoing, or to any act or failure to act in respect of any of the foregoing, contained in bottles, casks, barrels, kegs, or other containers, not labeled and sealed as may be prescribed by regulations. (b) The following Acts and parts of Acts shall be subject to a

Limitation of application further extended.

like limitation as to their application: (1) The Act entitled “An Act to prohibit the sale, manufacture,

Hawaii.

Vol. 40, p. 560.

U.S.C., p. 1601.

Post, p. 467.

and importation of intoxicating liquors in the Territory of Hawaii during the period of the war, except as hereinafter provided,” approved May 23, 1918 (U. S. C., title 48, sec. 520); (2) Section 2 of the Act entitled “An Act to provide a civil government

Puerto Rico.

Vol. 39, p. 951.

U.S.C., p. 1616.

for Porto Rico, and for other purposes,” approved March 2, 1917; (3) The Act entitled “An Act to prohibit the manufacture or

Alaska.

Vol. 39, p. 903.

U.S.C., p. 1580.

Post, p. 583.

sale of alcoholic liquors in the Territory of Alaska, and for other purposes,” approved February 14, 1917 (U. S. C., title 48, secs. 261 to 291, both inclusive). (c) Nothing in section 5 of the Act entitled “An Act making

Advertisement, etc., by mail.

Vol. 39, p. 1069; Vol. 41, p. 313.

U.S.C., p. 488; Supp. VI, p. 242.

Post, p. 316.

appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1918, and for other purposes,” approved March 3, 1917, as amended and supplemented (U. S. C., title 18, sec. 341; Supp. VI, title 18, sec. 341), shall prohibit the deposit in or carriage by the mails of the United States, or the delivery by any postmaster or letter carrier, of any mail matter containing any advertisement of, or any solicitation of an order or orders for, any of the following containing not more than 3.2 per centum of alcohol by weight: Beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice.

Sec. 4. (a) The manufacturer for sale of beer, ale, porter, wine,

Permits to manufacture, etc.

similar fermented malt or vinous liquor, or fruit juice, containing one-half of 1 per centum of alcohol by volume and not more than 3.2 per centum of alcohol by weight, shall, before engaging in business, secure a permit authorizing him to engage in such manufacture, which permit shall be obtained in the same manner as a permit under the National Prohibition Act, as amended and supplemented, to manufacture intoxicating liquor, and be subject to all the provisions of law relating to such a permit. Such permit may

If containing less than one half of 1 per cent.

be issued to a manufacturer for sale of any such fermented malt or vinous liquor or fruit juice, containing less than one-half of 1 per centum of alcohol by volume, if he desires to take advantage of the provisions of paragraph (2) of subsection (b) of this section. No

Issue forbidden if local laws prohibit.

permit shall be issued under this section for the manufacture of fermented malt or vinous liquor or fruit juice in any State, Territory, or the District of Columbia, or political subdivision of any State or Territory, if such manufacture is prohibited by the law thereof. (b) (1) Such permit shall specify a maximum alcoholic content

Specifications of permit.

permissible for such fermented malt or vinous liquor or fruit juice at the time of withdrawal from the factory or other disposition, 18which shall not be greater than 3.2 per centum of alcohol by weight, nor greater than the maximum alcoholic content permissible under the law of the State, Territory, or the District of Columbia, or the political subdivision of a State or Territory, in which such liquor or fruit juice is manufactured. (2)

Reduction of excess alcoholic content.

In such permit may be included permission to develop in the manufacture of such fermented malt or vinous liquor or fruit juice by the usual methods of fermentation and fortification or otherwise a liquid such as beer, ale, porter, wine, or fruit juice, of an alcoholic content in excess of the maximum specified in the permit; but before any such liquid is withdrawn from the factory or otherwise disposed of the alcoholic content shall, if in excess of the maximum specified in the permit, be reduced, under such regulations as may be prescribed,

Removal for reduction, under bond.

to or below such maximum; but such liquid may be removed and transported, under bond and under such regulations as may be prescribed, from one bonded plant or warehouse to another for the purpose of having the percentage of alcohol reduced to the maximum specified in the permit by dilution or extraction. Such liquids may be developed, under permit under the National Prohibition Act, as amended and supplemented, by persons other than manufacturers of beverages containing not more than 3.2 per centum of alcohol by weight, and sold to such manufacturers for conversion into such

Tax.

beverages. The alcohol removed from such liquid, if evaporated, and not condensed and saved, shall not be subject to tax; if saved, it

Credit allowed.

shall be subject to the same law as other alcoholic liquors. Credit shall be allowed on the tax due on any alcohol so saved to the amount of any tax paid upon distilled spirits or brandy used in the fortification of the liquor from which the same is saved. (3)

Fortified wines.

When fortified wines are made and used for the production of nonbeverage alcohol, and dealcoholized wines containing not more than 3.2 per centum of alcohol by weight, no tax shall be assessed or paid on the spirits used in such fortification, and such dealcoholized wines produced under the provisions of this section, whether carbonated or not, shall be subject to the tax imposed by section 1. (4)

Burden of proof.

In any case where the manufacturer is charged with manufacturing or selling for beverage purposes any beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice, containing more than 3.2 per centum of alcohol by weight, the burden of proof shall be on such manufacturer to show that the liquid so manufactured or sold contained no more than 3.2 per centum of alcohol by weight. In any case where a manufacturer, who has been permitted to develop a liquid such as beer, ale, porter, wine, or fruit juice, containing more than the maximum alcoholic content specified in the permit, is charged with failure to reduce the alcoholic content to or below such maximum before such liquid was withdrawn from the factory or otherwise disposed of, then the burden of proof shall be on such manufacturer to show that the alcoholic content of such liquid so manufactured, sold, withdrawn, or otherwise disposed

Expense of analysis.

of did not exceed the maximum specified in the permit. In any suit or proceeding involving the alcoholic content of any beverage, the reasonable expense of analysis of such beverage shall be taxed as costs in the case. (c)

Penalty provisions.

Whoever engages in the manufacture for sale of beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice, without such permit if such permit is required, or violates any permit issued to him, shall be subject to the penalties and proceedings provided by law in the case of similar violations of the National Prohibition Act, as amended and supplemented. 19 (d) This section shall have the same geographical application as

Geographical application.

the National Prohibition Act, as amended and supplemented.

Sec. 5. Except to the extent provided in section 4 (b) (2), nothing

Excessive alcoholic content prohibited.

in section 1 or 4 of this Act shall be construed as in any manner authorizing or making lawful the manufacture of any beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice, which at the time of sale or removal for consumption or sale contains more than 3.2 per centum of alcohol by weight.

Sec. 6. In order that beer, ale, porter, wine, similar fermented

Interstate shipment.

malt or vinous liquor, and fruit juice, containing 3.2 per centum or less of alcohol by weight, may be divested of their interstate character in certain cases, the shipment or transportation thereof in any manner or by any means whatsoever, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country, into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, which fermented malt or vinous liquor or fruit juice, is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, is hereby prohibited. Nothing in this section shall be construed

Transportation into State contrary to its laws.

Vol. 37, p. 699.

U.S.C. Supp. VI, p. 598.

as making lawful the shipment or transportation of any liquor or fruit juice the shipment or transportation of which is prohibited by the Act of March 1, 1913, entitled “An Act divesting intoxicating liquors of their interstate character in certain cases” (U. S. C., Supp. VI, title 27, sec. 122).

Sec. 7. Whoever orders, purchases, or causes beer, ale, porter,

Penalty for violation.

wine, similar fermented malt or vinous liquor, or fruit juice, containing 3.2 per centum or less of alcohol by weight, to be transported in interstate commerce, except for scientific, sacramental, medicinal, or mechanical purposes, into any State, Territory, or the District of Columbia, the laws of which State, Territory, or District prohibit the manufacture or sale therein of such fermented malt or vinous liquor or fruit juice for beverage purposes, shall be fined not more than $1,000 or imprisoned not more than six months, or both; and for any subsequent offense shall be imprisoned for not more than one year. If any person is convicted under this section

Revocation of permit.

Advertisements, etc.

any permit issued to him shall be revoked. Nothing in this section shall be construed as making lawful the shipment or transportation of any liquor or fruit juice the shipment or transportation of which is prohibited by section 5 of the Act entitled “An Act making appropriations

Vol. 39, p. 1069.

U.S.C. Supp. VI, p. 598.

for the service of the Post Office Department for the fiscal year ending June 30, 1918, and for other purposes,” approved March 3, 1917, as amended and supplemented (U. S. C., Supp. VI, title 27, sec. 123).

Sec. 8. Any offense committed, or any right accrued, or any

Preexisting offenses, rights, etc.

penalty or obligation incurred, or any seizure or forfeiture made, prior to the effective date of this Act, under the provisions of the National Prohibition Act, as amended and supplemented, or under any permit or regulation issued thereunder, may be prosecuted or enforced in the same manner and with the same effect as if this Act had not been enacted.

Sec. 9. This Act shall take effect on the expiration of fifteen

Effective date.

days after the date of its enactment, except that permits referred to under section 4 may be issued at any time after the date of enactment, and except that liquor taxable under section 1 may be removed prior to the effective date of this Act for bottling and storage on 20the permit premises until such date and when so removed shall be subject to tax at the rate provided by section 1.

Sec. 10.

Separability clause.

If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Approved, March 22, 1933.

To authorize the Reconstruction Finance Corporation to make loans for financing the repair or reconstruction of buildings damaged by earthquake in 1933. Chapter 5 48 Stat. 20 1933-03-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 5.]

JOINT RESOLUTION To authorize the Reconstruction Finance Corporation to make loans for financing the repair or reconstruction of buildings damaged by earthquake in 1933.

March 23, 1933.

[S.J. Res. 14.]

[Pub. Res., No. 2.]

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

Reconstruction Finance Corporation.

Vol. 47, p. 712, amended.

U.S.C. Supp. VI, p. 175.

That section 201 (a) of the Emergency Relief and Construction Act of 1932 (U. S. C., Supp. VI, title 15, sec. 605b) is amended by adding to such subsection (a) after paragraph (5) the following: “(6)

Loans, authorized for repair of earthquake damage in 1933.

Post, pp. 99, 120, 283.

To make loans to nonprofit corporations, with or without capital stock, organized for the purpose of financing the repair or reconstruction of buildings damaged by earthquake in the year 1933 and deemed by the Reconstruction Finance Corporation economically

Acceptable collateral.

Private property.

useful. Obligations accepted hereunder shall be collateraled (a) in the case of loans for the repair or reconstruction of private property, by the obligations of the owner of such property secured by a paramount lien except as to taxes and special assessments on the property

Municipalities, etc.

repaired or reconstructed, and (b) in the case of municipalities or political subdivisions of States or their public agencies, by an obligation of such municipality, political subdivision, or public agency.

Application for, not denied by constitutional, etc., inhibitions.

The corporation shall not deny an otherwise acceptable application for loans for repair or reconstruction of the buildings of municipalities, political subdivisions, or their public agencies because of

Maturities, security.

constitutional or other legal inhibitions affecting the collateral. The collateral obligations may have maturities not exceeding ten years. Loans under this paragraph shall be fully and adequately secured.

Limitations.

No loan hereunder shall be made after December 31, 1933. The aggregate of the loans made under this paragraph shall not exceed $5,000,000.”

Approved, March 23, 1933.

To provide for direct loans by Federal reserve banks to State banks and trust companies in certain cases, and for other purposes. Chapter 8 48 Stat. 20 1933-03-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 8.]

AN ACT To provide for direct loans by Federal reserve banks to State banks and trust companies in certain cases, and for other purposes.

March 24, 1933.

[H.R. 3757.]

[Public, No. 4.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National banking system.

Ante, p. 7.

That Title IV of the Act entitled “An Act to provide relief in the existing national emergency in banking, and for other purposes,” approved March 9, 1933, is amended by adding at the end thereof the following new section:

“Sec. 404.

Direct loans to State banks and trust companies authorized.

During the existing emergency in banking, or until this section shall be declared no longer operative by proclamation of the President, but in no event beyond the period of one year from the date this section takes effect, any State bank or trust company not a member of the Federal reserve system may apply to the Federal reserve bank in the district in which it is located and 21said Federal reserve bank, in its discretion and after inspection and approval of the collateral and a thorough examination of the applying bank or trust company, may make direct loans to such

Terms.

Vol. 47, p. 56.

Ante, p. 7.

State bank or trust company under the terms provided in section 10 (b) of the Federal Reserve Act, as amended by section 402 of this Act: Provided, That loans may be made to any applying

Provisos.

Security.

nonmember State bank or trust company upon eligible security. All applications for such loans shall be accompanied by the written

Approval of applications by State.

approval of the State banking department or commission of the State from which the State bank or trust company has received its charter and a statement from the said State banking department or commission that in its judgment said State bank or trust company is in a sound condition. The notes representing such loans shall be

Notes to have circulating privilege.

eligible as security for circulating notes issued under the provisions of the sixth paragraph of section 18 of the Federal Reserve Act, as

Vol. 38, p. 269.

Ante, p. 6.

amended by section 401 of this Act, to the same extent as notes, drafts, bills of exchange, or bankers’ acceptances acquired under the provisions of the Federal Reserve Act. During the time that

Applicability of Federal Reserve Act, etc.

such bank or trust company is indebted in any way to a Federal Reserve bank it shall be required to comply in all respects to the provisions of the Federal Reserve Act applicable to member State banks and the regulations of the Federal Reserve Board issued thereunder: Provided, That in lieu of subscribing to stock in the

Maintenance of requisite reserve in lieu of stock subscription.

Vol. 38, p. 270.

Ante, p. 6.

Federal reserve bank it shall maintain the reserve balance required by section 19 of the Federal Reserve Act during the existence of such indebtedness. As used in this section and in section 304, the term ‘State bank or trust company’ shall include a bank or trust company organized under the laws of any State, Territory, or possession of the United States, or the Canal Zone.”

Sec. 2. (a) Section 304 of such Act of March 9, 1933, is amended

Reconstruction Finance Corporation.

May not hold preferred stock unless exempt from double liability.

Ante, p. 6.

by adding after the first sentence thereof the following new sentences: “Nothing in this section shall be construed to authorize the Reconstruction Finance Corporation to subscribe for preferred stock in any State bank or trust company if under the laws of the State in which said State bank or trust company is located the holders of such preferred stock are not exempt from double liability. In any

Capital notes, etc., in lieu of preferred stock.

case in which under the laws of the State in which it is located a State bank or trust company is not permitted to issue preferred stock exempt from double liability, or if such laws permit such issue of preferred stock only by unanimous consent of stockholders, the Reconstruction Finance Corporation is authorized, for the purposes of this section, to purchase the legally issued capital notes or debentures of such State bank or trust company.” (b)

The second sentence of said section 304 is amended to read as

Sale of, permitted.

Ante, p. 6.

follows: “The Reconstruction Finance Corporation may, with the approval of the Secretary of the Treasury, and under such rules and regulations as he may prescribe, sell in the open market the whole or any part of the preferred stock, capital notes, or debentures of any national banking association, State bank or trust company acquired by the corporation pursuant to this section.”

Such section 304 is further amended by adding at the end thereof

“State bank or trust company” defined.

Ante, p. 6.

the following new sentence: (c) “As used in this section, the term ‘ State bank or trust company ’ shall include other banking corporations engaged in the business of industrial banking and under the supervision of State banking departments or of the Comptroller of the Currency.”

Approved, March 24, 1933.

To provide for the acceptance of sums donated for the construction of a swimming exercise tank for the use of the President. Chapter 16 48 Stat. 22 1933-03-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 22 [CHAPTER 16.]

JOINT RESOLUTION To provide for the acceptance of sums donated for the construction of a swimming exercise tank for the use of the President.

March 30, 1933.

[H.J. Res. 121.]

[Pub. Res., No. 3.]

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

White House swimming tank.

Acceptance of donations for constructing, authorized.

That the Director of Public Buildings and Public Parks of the National Capital is authorized, on behalf of the United States, to accept the fund raised by donations or contributions to cover the cost of constructing, in the West Terrace of the White House, a swimming exercise tank for the use of the President.

Sec. 2.

Disbursement.

The amount so received shall be disbursed by the Director for the construction and equipment of such swimming exercise tank and shall be expended in the same manner as appropriations for the

Unexpended balance to be returned to donors.

maintenance and care of the White House. The amount of the fund in excess of the amount required for the construction and equipment of the swimming exercise tank shall be returned to the donors.

Sec. 3.

Technical, etc., services.

For the purposes of this resolution, the Director is authorized. to request the cooperation and assistance of the architectural, engineering, construction, or other forces of any department or agency of the Government.

Approved, March 30, 1933.

For the relief of unemployment through the performance of useful public work, and for other purposes. Chapter 17 48 Stat. 22 1933-03-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 17.]

AN ACT For the relief of unemployment through the performance of useful public work, and for other purposes.

March 31, 1933.

[S. 598.]

[Public, No. 5.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Relief of unemployment through performance of useful public works.

Post, p. 275.

That for the purpose of relieving the acute condition of widespread distress and unemployment now existing in the United States, and in order to provide for the restoration of the country’s depleted natural resources and

Selection of a conservation corps among unemployed.

Executive Order No. 6101, Apr. 5, 1933.

the advancement of an orderly program of useful public works, the President is authorized, under such rules and regulations as he may prescribe and by utilizing such existing departments or agencies as he may designate, to provide for employing citizens of the

To perform works of public nature.

United States who are unemployed, in the construction, maintenance and carrying on of works of a public nature in connection with the forestation of lands belonging to the United States or to the several States which are suitable for timber production, the prevention of forest fires, floods and soil erosion, plant pest and

Post, p. 955.

disease control, the construction, maintenance or repair of paths, trails and fire-lanes in the national parks and national forests, and such other work on the public domain, national and State, and Government reservations incidental to or necessary in connection with any projects of the character enumerated, as the President may

Proviso.

Discretionary cooperation with municipalities, etc.

determine to be desirable: Provided, That the President may in his discretion extend the provisions of this Act to lands owned by counties and municipalities and lands in private ownership, but only for the purpose of doing thereon such kinds of cooperative work as are now provided for by Acts of Congress in preventing and controlling forest fires and the attacks of forest tree pests and diseases and such work as is necessary in the public interest to control floods.

Housing, subsistence, etc.

The President is further authorized, by regulation, to provide for housing the persons so employed and for furnishing them with such subsistence, clothing, medical attendance and hospitalization, and 23cash allowance, as may be necessary, during the period they are so

Cash allowance.

Executive Order No. 6109, Apr. 12, 1933.

employed, and, in his discretion, to provide for the transportation of such persons to and from the places of employment. That in

Racial, etc., discrimination forbidden.

employing citizens for the purposes of this Act no discrimination shall be made on account of race, color, or creed; and no person

Penal servitude.

under conviction for crime and serving sentence therefor shall be employed under the provisions of this Act. The President is further

Forest research, etc.

Allocation of funds.

authorized to allocate funds available for the purposes of this Act, for forest research, including forest products investigations, by the Forest Products Laboratory.

Sec. 2. For the purpose of carrying out the provisions of this Act

Contracts with State agencies.

the President is authorized to enter into such contracts or agreements with States as may be necessary, including provisions for utilization of existing State administrative agencies, and the President, or the head of any department or agency authorized by him to construct

Acquiring real property.

R.S. sec. 355, p. 60, waived.

U.S.C., pp. 1302, 1700.

any project or to carry on any such public works, shall be authorized to acquire real property by purchase, donation, condemnation, or otherwise, but the provisions of section 355 of the Revised Statutes shall not apply to any property so acquired.

Sec. 3. Insofar as applicable, the benefits of the Act entitled “An

Workmen’s Compensation Act extended.

Vol. 39, p. 742.

U.S.C., p. 76; Supp. VI, p. 46.

Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes”, approved September 7, 1916, as amended, shall extend to persons given employment under the provisions of this Act.

Sec. 4. For the purpose of carrying out the provisions of this

Sums available.

Act, there is hereby authorized to be expended, under the direction of the President, out of any unobligated moneys heretofore appropriated for public works (except for projects on which actual construction has been commenced or may be commenced within ninety days, and except maintenance funds for river and harbor improvements

Appropriation authorized.

Post, pp. 275, 1056.

already allocated), such sums as may be necessary; and an amount equal to the amount so expended is hereby authorized to be appropriated for the same purposes for which such moneys were originally appropriated.

Sec. 5. That the unexpended and unallotted balance of the sum

Emergency Relief Act of 1932.

Balance, made available.

Vol. 47, p. 709.

Economy Act limitation not to apply.

Ante, p. 14.

of $300,000,000 made available under the terms and conditions of the Act approved July 21, 1932, entitled “An Act to relieve destitution”, and so forth, may be made available, or any portion thereof, to any State or Territory or States or Territories without regard to the limitation of 15 per centum or other limitations as to per centum.

Sec. 6. The authority of the President under this Act shall continue

Duration of authority.

for the period of two years next after the date of the passage hereof and no longer.

Approved, March 31, 1933.

Relating to the prescribing of medicinal liquors. Chapter 18 48 Stat. 23 1933-03-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 18.]

AN ACT Relating to the prescribing of medicinal liquors.

March 31, 1933.

[S. 562.]

[Public, No. 6.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That (a) the third

National Prohibition Act amendments.

Vol. 41, p. 311, amended.

Physician’s prescriptions.

Quantity modified.

False statements to secure, etc.

sentence of section 7 of title II of the National Prohibition Act, as amended, is amended to read as follows: “no more liquor shall be prescribed to any person than is necessary to supply his medicinal needs, and no prescription shall be refilled. No person shall by any statement or representation that he knows is false, or could by 24reasonable diligence ascertain to be false, induce any physician to prescribe liquor for medicinal use (1) when there is no medicinal need for such liquor or (2) in excess of the amount of medicinal liquor needed.” (b)

Secrecy concerning ailments.

Vol. 41, p. 311.

U.S.C., p. 855.

Section 7 of title II of such Act, as amended, is further amended by inserting before the period at the end thereof a semicolon and the following: “but no physician shall be called upon to file any statement of such ailment in the Department of Justice or the Department of the Treasury or in any other office of the Government, or to keep his records in such a way as to lead to the

Exceptions.

disclosure of any such ailment, except as he may be lawfully required (1) to make such disclosure in any court in the course of a hearing

Vol. 41, p. 311.

under authority of section 9, title II, of this Act, or (2) to make such disclosure to any duly qualified person engaged in the execution or enforcement of this Act or any Act supplementary hereto.”

Sec. 2.

Prescriptions.

Vol. 41, p. 311, repealed.

U.S.C., p. 856.

Stamps to be substituted for official blanks.

Strike out section 8 of title II of the National Prohibition Act, and insert in lieu thereof the following:

“Sec. 8. The Commissioner shall cause stamps to be printed, the design of which shall be prescribed by regulations in accordance with the provisions of this Act, and he shall furnish the same free

To be affixed, etc., to physician’s prescriptions.

of cost to physicians holding permits to prescribe. Each such physician shall affix one of said stamps to each such prescription written by him and shall cancel same under regulations to be

Filling, etc., without stamps unlawful.

prescribed in accordance with the provisions of this Act. No physician shall prescribe and no pharmacist shall fill any prescription

Unlawful use, re-use, counterfeiting stamps.

for liquor unless such stamp is affixed thereto. Every person who, otherwise than is authorized by this Act, uses or who falsely makes, forges, alters, counterfeits, or re-uses any stamp made or used under any provision of this Act, or with such intent uses, sells, or has in his possesion ¹ ¹ So in original. any such forged, altered, or counterfeited stamp, or any plate or die used or which may be used in the manufacture

Punishment for.

thereof, or who shall make, use, sell, or have in his possession any paper in imitation of the paper used in the manufacture of any stamp required by this Act, shall, on conviction, be punished by a fine not exceeding $1,000 or by imprisonment at hard labor not exceeding

Effective date of section.

two years. The effective date of this section 2 shall be not earlier than January 1, 1934.”

Sec. 3.

Vol. 42, p. 222, repealed.

U.S.C., p. 855.

Strike out the first paragraph of section 2 of the Act entitled “An Act supplemental to the National Prohibition Act”,

Spirituous and vinous liquor only, to be prescribed.

approved November 23, 1921, and insert in lieu thereof the following:

“Sec. 2. Only spirituous and vinous liquor may be prescribed for medicinal purposes. All prescriptions for any other liquor shall be

Exempted articles.

Vol. 41, p. 309.

void. But this provision shall not be construed to limit the sale of any article the manufacture of which is authorized under section 4, title II, of the National Prohibition Act.”

Sec. 4.

Vol. 46, p. 429.

U.S.C. Supp. VI, p. 597.

Strike out subdivision (a) of section 5 of the Prohibition Reorganization Act of 1930, and insert in lieu thereof the following: “(a) The Attorney General and the Secretary of the Treasury shall

Regulations as to permits, etc.

jointly prescribe all regulations under this Act and the National Prohibition Act relating to permits and prescriptions for liquor for medicinal purposes, and the quantities of spirituous and vinous liquor that may be prescribed for medicinal purposes, and the form of all applications, bonds, permits, records, and reports under such

Proviso.

Relating to Prohibition Bureau.

Acts: Provided, That all regulations relating to the Bureau of Prohibition in the Department of Justice shall be made by the Attorney General.”

Approved, March 31, 1933.

To provide revenue for the District of Columbia by the taxation of beverages, and for other purposes. Chapter 19 48 Stat. 25 1933-04-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 25 [CHAPTER 19.]

AN ACT To provide revenue for the District of Columbia by the taxation of beverages, and for other purposes.

April 5, 1933.

[H. R. 3342.]

[Public, No. 7.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the term

Taxation of beverages in District of Columbia.

Post, p. 336.

Vol. 39, p. 1123, amended.

“Beverage” defined.

Alcoholic content.

“beverage” as used in this Act means beer, lager beer, ale, porter, wine, similar fermented malt or vinous liquor, and fruit juice, containing one-half of 1 per centum or more of alcohol by volume, and not more than 3.2 per centum of alcohol by weight.

Sec. 2. (a) No individual, partnership, association, or corporation

Permits to manufacture or sell required.

Post, p. 335.

shall within the District of Columbia manufacture for sale or sell any beverage without having first obtained a permit under this Act for such manufacture or sale. (b) No individual shall within the District of Columbia offer for

Offer for sale or soliciting orders, without permit forbidden.

sale, or solicit any order for the sale of, within the District of Columbia, any beverage unless— (1) such individual has first obtained a permit of the character

Solicitors’ permit.

Post, p. 26.

described in section 4(a)(5); and (2) the vendor is the holder of a permit issued under this Act

Vendor.

authorizing such sale. Nothing in this subsection shall apply to any offer for sale or solicitation made upon the premises designated in the permit of the vendor.

Sec. 3. The Commissioners of the District of Columbia are

Persons to whom permits may be issued.

authorized to issue permits to individuals, partnerships, or corporations, but not to unincorporated associations, on application duly made therefor for the manufacture, sale, offer for sale, or solicitation of orders for sale, of beverages within the District of Columbia, subject, however, to the limitations and restrictions imposed by this Act. The Commissioners shall keep a full record of all applications

Record to be kept.

for permits, of all recommendations for and remonstrances against the granting of permits, and of the action taken thereon.

Sec. 4. (a) Permits issued under authority of this Act shall be of

Kinds of permits.

five kinds: (1) “On sale” permits, which shall be issued only for bona fide

“On sale.”

restaurants or hotels, or for bona fide incorporated clubs with

Provisions governing.

annual dues of at least $6. Such permits shall authorize the permittee to sell beverages for consumption on the premises designated in the permit, (A) in the case of restaurants, at public tables, but

Restaurants.

no beverage shall be sold or served in any room not used primarily for the serving and consumption of food; except that beverages may be sold or served to assemblages of more than six individuals in private rooms or at private tables when expressly authorized by the Commissioners, or (B) in the case of hotels or clubs, at tables or in

Hotels or clubs.

the rooms of guests or members. No such permit shall be issued for

Establishment for two months necessary.

any restaurant which has not been established and doing business for at least two months immediately prior to the application for such permit: Provided, That it shall be within the discretion of the Commissioners

Proviso.

Sale in public buildings.

whether any permit under this Act shall be issued for the sale of any such beverages in any building in the District of Columbia owned or leased by the United States and used for the transaction of public business; (2) “Off sale” permits, which shall authorize the permittee to sell

“Off sales.”

Restrictions, etc.

beverages for consumption only off the premises designated in the permit, and not to other permittees for resale, but such sale shall be made only in the immediate container in which the beverage was 26received by the “off sale” permittee, except that in the case of an “off sale” permit held by the holder of a manufacturer’s or wholesaler’s permit beverages may be sold only in such barrels, bottles, or other closed containers as the Commissioners may by regulation

When inoperative.

prescribe; but no “off sale” permit shall be issued or remain in force in respect of any premises for which an “on sale” permit is in force; (3)

Manufacturers’ permits.

Manufacturers’ permits, which shall authorize the permittee to manufacture beverages and to sell the same in barrels, bottles, or other closed containers to other permittees for resale only; (4)

Wholesalers’ permits.

Wholesalers’ permits, which shall authorize the permittee to sell beverages in barrels, bottles, or other closed containers to other permittees for resale only; and (5)

Solicitors’ permits.

Solicitors’ permits, which shall authorize the permittee within the District of Columbia to offer for sale, or solicit orders for the sale of, within the District of Columbia, any beverage if the vendor of such beverage is the holder of a permit issued under this Act

Vendor’s recommendation necessary.

authorizing such sale. Solicitor’s permits shall not be issued without the recommendation of the vendor whom the solicitor

License fees not affected.

Vol. 32, p. 622; Vol. 47, p. 550.

represents. Nothing in this Act shall be construed as repealing any portion of section 7 of the District of Columbia Appropriation Act for the fiscal year ending June 30, 1903, approved July 1, 1902, as amended. (b)

Holders of manufacturer’s, etc., permits.

Limitation.

The holder of a manufacturer’s or wholesaler’s permit shall not be entitled to hold an “on sale” permit and may hold only one “off sale” permit, which shall be issued only in respect of the premises designated in his permit as a manufacturer or wholesaler.

Sec. 5.

Application for and issue of permits.

(a) Any individual, partnership, or corporation desiring a permit under this Act shall file with the Commissioners an application therefor in such form as the Commissioners may prescribe, and such application shall contain such information as the Commissioners may require, and (except in the case of an application for a solicitor’s permit) shall contain a statement setting forth the name and address of the true and actual owner of the premises upon

Conditions.

which the business to be permitted is to be conducted. Before a permit is issued the Commissioners shall satisfy themselves (1) that the applicant is financially responsible, and generally fit for the trust to be in him reposed; (2) that the applicant, if an individual, or if a partnership, each of the members of the partnership, or if a corporation, each of its principal officers and directors, is of good moral character; (3) that the applicant, if an individual, or if a partnership, each of the members of the partnership, or if a corporation, each of its principal officers, is a citizen of the United States not less than 21 years of age, and has never been convicted of a felony; (4) except in the case of an application for a solicitor’s permit, that the applicant intends to carry on the business authorized by the permit for himself and not as the agent of any individual, partnership, association, or corporation, and that he intends to superintend in person the management of the business permitted, or intends to have some other person to be approved by the Commissioners manage the business for him; (5) that, in the case of an

“On sale”, etc., permittee.

Relationship of, with manufacturer, etc.

applicant for an “on sale” or an “off sale” permit, no manufacturer or wholesaler of beverages (other than the applicant) has a substantial financial interest, direct or indirect, in the business for which the permit is requested or in the premises in respect of which such permit is to be issued, and that such business will not be conducted with any money, equipment, furniture, fixtures, or property rented from, or loaned or given by, any manufacturer or wholesaler; and (6) except in the case of an application for a solicitor’s permit, that the proposed location of the business is an 27appropriate one, taking into consideration its surroundings and the number of similar permits already issued in the neighborhood where the applicant’s business is to be conducted. Not more than five “on

Restriction on number of “on sale” permits to any individual, etc.

sale” permits shall be issued to any one individual, partnership, or corporation, and a separate application shall be filed with respect to each place of business. (b) Any such application shall be verified by the affidavit of the

Verifying application.

applicant, if an individual, or by all the members of a partnership, or by the proper officer of a corporation. If any false statement is

False statements.

knowingly made in such application or in any accompanying statements under oath which may be required by the Commissioners the person making the same shall be deemed guilty of perjury. The making of a false statement in any such application or in any such

Deemed sufficient cause for revocation.

accompanying statements, whether made with or without the knowledge or consent of the applicant, shall, in the discretion of the Commissioners, constitute sufficient cause for the revocation of the permit.

Sec. 6. The fees required for permits issued pursuant to the provisions

Fees.

of this Act shall be as follows: For each “on sale” permit, $100 per annum; for each “off sale” permit, $50 per annum; for each manufacturer’s permit, $1,000 per annum; for each wholesaler’s permit, $250 per annum; and for each solicitor’s permit, $1 per annum. The required permit fee shall accompany the application required by section 5 of this Act. A permit shall be good for one

Duration of permit.

year from the date of its issue, unless sooner revoked for cause by the Commissioners, and may, with the approval of the Commissioners, be renewed upon payment of the required fee. Permits shall

Restriction on transfer, etc.

not be transferred except with the consent of the Commissioners, and each permit (except a solicitor’s permit) shall designate the place of business for which it is issued.

Sec. 7. In the event a permittee has designated a person to manage

Permittee may designate a manager.

the business for him, and the employment of such manager shall terminate, such permittee shall forthwith notify the Commissioners of such termination, and shall within a reasonable time thereafter designate a new manager, and such new manager shall be subject to the approval of the Commissioners. If no manager acceptable to the Commissioners is designated within a reasonable time after the employment of the former manager has terminated, the permit shall, in the discretion of the Commissioners, be revoked.

Sec. 8. If any manufacturer or wholesaler of beverages shall have

Manufacturer, etc., having financial interest in “on sale”, etc., business.

any substantial financial interest, either direct or indirect, in the business of any other “on sale” or “off sale” permittee, or in the premises on which said business is conducted, the Commissioners shall, in their discretion, revoke the permit issued in respect to the business in which such manufacturer or wholesaler is so interested. No manufacturer or wholesaler of beverages shall rent, lend, or give to any “on sale” or “off sale” permittee or to the owner of the premises on which the business of any “on sale” or “off sale” permittee is to be conducted any money, equipment, furniture, fixtures, or property with which the business of said permittee is to be conducted.

Sec. 9. Each manufacturer and wholesaler of beverages within the

Reports of sales.

District of Columbia shall, on or before the tenth day of each month, furnish to the assessor of the District of Columbia, on a form to be prescribed by the Commissioners, a statement under oath showing the quantity of beverages sold for resale during the preceding calendar month to each “on sale” and “off sale” permittee within the District of Columbia. Each “on sale” and “off sale” permittee shall, on or before the tenth day of each month, furnish to the 28assessor of the District of Columbia, on a form to be prescribed by the Commissioners, a statement under oath showing the quantity of all beverages sold by him during the preceding calendar month.

Sec. 10.

Outside manufacturer.

Sales by, without permit.

No “on sale” or “off sale” permittee shall purchase any beverage from any manufacturer or wholesaler doing business outside of the District of Columbia and not holding a permit issued under the provisions of this Act, and transport or cause the same to be transported into the District of Columbia for resale, unless such manufacturer or wholesaler has obtained from the Commissioners a certificate of approval, which certificate shall not be granted unless and until such manufacturer or wholesaler shall have agreed with the Commissioners to furnish to the assessor of the District of Columbia,

Sworn statements of.

on or before the tenth day of each month, a report under oath, on a form to be prescribed by the Commissioners, showing the quantity of beverages sold or delivered to each “on sale” or “off sale” permittee

Revocation of permits.

during the preceding calendar month. If any such manufacturer or wholesaler shall, after obtaining such certificate, fail to submit any such report, the Commissioners shall, in their discretion, revoke such certificate.

Sec. 11.

Tax levied and collected.

Post, pp. 334, 336.

There shall be levied and collected by the District of Columbia on all beverages sold by any “on sale” or “off sale” permittee within the District of Columbia a tax of $1 for every barrel of beverages containing not more than thirty-one gallons, and at a like rate for any other quantity, or for the fractional parts

Date when due.

thereof. The tax imposed by this section shall be paid by the “on sale” or “off sale” permittee to the collector of taxes of the District of Columbia on or before the 10th day of each month for beverages sold by the permittee during the preceding calendar month.

Sec. 12.

Former act repealed.

Vol. 39, p. 1123.

Exceptions.

“Alcoholic liquor” construed.

The Act entitled “An Act to prohibit the manufacture and sale of alcoholic liquors in the District of Columbia, and for other purposes”, approved March 3, 1917, with the exception of sections 11 and 20 thereof, is hereby repealed; except that the term “alcoholic liquor” used in said section 11 of such Act shall not be construed to include beverages authorized to be manufactured and sold by this Act.

Sec. 13.

Sales to minors.

No “off sale” permittee shall give or sell, and no “on sale” permittee shall give, sell, or serve, any beverage to any person

Punishment for.

under eighteen years of age. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $100, or be imprisoned not longer than six months, or be subject to both such fine and imprisonment.

Sec. 14.

Regulations to be prescribed.

The Commissioners are hereby authorized to prescribe such rules and regulations not inconsistent with law, as they may deem necessary, for the issuance of permits, and for the manufacture, sale, offer for sale, or solicitation of orders for sale, of beverages, and the operation of the business of permittees. Such regulations may be altered or amended from time to time as the Commissioners may deem desirable.

Sec. 15.

Inspections.

It shall be the duty of the Commissioners to cause frequent inspections to be made of all premises with respect to which

Revocation of permit for violations, etc.

any permit shall have been issued under this Act. If any permittee violates any of the provisions of this Act or any of the rules and regulations of the Commissioners promulgated pursuant thereto, or fails to superintend in person or through a manager approved by the Commissioners the business for which the permit was issued, or allows the premises with respect to which the permit of such permittee was issued to be used for any unlawful, disorderly, or immoral purposes, or knowingly employs in the sale or distribution 29of beverages any person who has been convicted of a felony, or otherwise fails to carry out in good faith the purposes of this Act, the permit of such permittee may be revoked by the Commissioners after the permittee has been given an opportunity to be heard in his defense.

Sec. 16. Whoever violates any of the provisions of this Act (except

Penalty provisions.

section 13 thereof) or any of the rules and regulations promulgated pursuant thereto shall, upon conviction thereof by a court of competent jurisdiction, be punished by a fine of not more than $500 or by imprisonment for not longer than six months, or by both such fine and imprisonment, in the discretion of the court. If any permittee is convicted of a violation of the provisions of this Act or any of the rules and regulations promulgated pursuant thereto, the court shall immediately declare his permit revoked and notify the Commissioners accordingly, and no permit shall thereafter be granted to him within the period of three years thereafter. Any

Unlawful alcoholic content.

permittee who shall sell or permit the sale on his premises or in connection with his business or otherwise, of any alcoholic beverages not authorized under the terms of this Act, unless otherwise

Penalty.

permitted by law, shall, upon conviction thereof, forfeit his permit in addition to any punishment imposed by law for such offense.

Sec. 17. If any provision of this Act, or the application thereof

Saving clause.

to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

Sec. 18. It shall be unlawful to sell or offer for sale any beverage

Effective date.

within the District of Columbia prior to April 7, 1933.

Approved, April 5, 1933.

To provide for the payment of pages for the Senate and House of Representatives for the first session of the Seventy-third Congress. Chapter 20 48 Stat. 29 1933-04-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 20.]

JOINT RESOLUTION To provide for the payment of pages for the Senate and House of Representatives for the first session of the Seventy-third Congress.

April 14, 1933.

[H.J. Res. 152.]

[Pub. Res., No. 4.]

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

That there is hereby appropriated,

Appropriation for payment of pages, 1st session, 73d Congress.

Post, p. 274.

out of any money in the Treasury not otherwise appropriated, for the payment of pages from April 1, 1933, until the end of the first session of the Seventy-third Congress, as follows:

For twenty-one pages for the Senate Chamber at the rate of pay

Senate.

provided by law, so much as may be necessary.

For forty-one pages for the House of Representatives, including

House of Representatives.

ten pages for duty at the entrances to the Hall of the House, at the rate of pay provided by law, so much as may be necessary.

Approved, April 14, 1933.

Granting the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a free highway bridge across the Allegheny River at or near Parkers Landing in the county of Armstrong, Commonwealth of Pennsylvania. Chapter 21 48 Stat. 29 1933-04-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 21.]

AN ACT Granting the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a free highway bridge across the Allegheny River at or near Parkers Landing in the county of Armstrong, Commonwealth of Pennsylvania.

April 29, 1933.

[H.R. 4225.]

[Public, No. 8.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent of

Allegheny River.

Pennsylvania may bridge, at Parkers Landing.

Congress is hereby granted to the Commonwealth of Pennsylvania to construct, maintain, and operate a free highway bridge and approaches thereto across the Allegheny River, at a point suitable to the interests of navigation, at or near Parkers Landing, in the 30

Construction.

Vol. 34, p. 84.

county of Armstrong, Commonwealth of Pennsylvania, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters ”, approved March 23, 1906.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, April 29, 1933.

Graning the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a free highway bridge across the Allegheny River, at a point near the Forest-Venango County line, in Tionesta Township, and in the county of Forest, and in the Commonwealth of Pennsylvania. Chapter 22 48 Stat. 30 1933-04-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 22.]

AN ACT Graning ¹¹ So in original. the consent of Congress to the Commonwealth of Pennsylvania to construct, maintain, and operate a free highway bridge across the Allegheny River, at a point near the Forest-Venango County line, in Tionesta Township, and in the county of Forest, and in the Commonwealth of Pennsylvania.

April 29, 1933.

[H.R. 4332.]

[Public, No. 9.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Allegheny River.

Pennsylvania may bridge, in Tionesta Township.

That the consent of Congress is hereby granted to the Commonwealth of Pennsylvania, to construct, maintain, and operate a free highway bridge, and approaches thereto across the Allegheny River, at a point suitable to the interests of navigation, near the Forest-Venango County line, in Tionesta Township, Forest County, in the Commonwealth

Construction.

Vol. 34, p. 84.

of Pennsylvania, in accordance with the provisions of the Act entitled “An Act to Regulate the Construction of Bridges over Navigable Waters” approved March 23, 1906.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, April 29, 1933.

To amend section 2 of the Act approved February 4, 1933, to provide for loans to farmers for crop production and harvesting during the year 1933, and for other purposes. Chapter 23 48 Stat. 30 1933-05-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 23.]

JOINT RESOLUTION To amend section 2 of the Act approved February 4, 1933, to provide for loans to farmers for crop production and harvesting during the year 1933, and for other purposes.

May 1, 1933.

[H.J. Res. 135.]

[Pub. Res., No. 5.]

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

Crop production loans.

Vol. 47, p. 795, amended.

Existing act to include first lien on 1934 crop, as security.

That section 2 of the Act of February 4, 1933 (Public, Numbered 327), be, and the same is hereby, amended by adding at the end of the first sentence thereof, the words: “and in the case of summer fallowing or winter wheat, a first lien, or an agreement to give a first lien on crops to be harvested in 1934, shall, in the discretion of the Secretary of Agriculture, be deemed sufficient security.”

Approved, May 1, 1933.

Authorizing the Attorney General, with the concurrence of the Secretary of the Navy, to release claims of the United States upon certain assets of the Pan American Petroleum Company and the Richfield Oil Company of California and others in connection with collections upon a certain judgment in favor of the United States against the Pan American Petroleum Company heretofore duly entered. Chapter 24 48 Stat. 30 1933-05-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 24.]

JOINT RESOLUTION Authorizing the Attorney General, with the concurrence of the Secretary of the Navy, to release claims of the United States upon certain assets of the Pan American Petroleum Company and the Richfield Oil Company of California and others in connection with collections upon a certain judgment in favor of the United States against the Pan American Petroleum Company heretofore duly entered.

May 3, 1933.

[S.J. Res. 13.]

[Pub. Res., No. 6.]

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

Pan American Petroleum Company, etc.

United States claims upon certain assets, released.

That the Attorney General of the United States, with the concurrence of the Secretary of the Navy, be, and he is hereby, authorized, in connection with collection of amounts due the United States of America under a 31certain judgment for $9,277,666.17 entered in the office of the clerk of the District Court of the United States for the Southern District of California at Los Angeles on January 14, 1933, against the Pan American Petroleum Company, a corporation, to release from claim or lien under said judgment such part or portions of the property and assets of the said Pan American Petroleum Company and the Richfield Oil Company of California, in such manner and with such reservations as shall seem to him proper and advisable, in consideration of payments to the United States to apply upon said judgment, of not less than the sum of $5,000,000, and in connection therewith to release any claims of the United States against purchasers of oil and petroleum products from the leases commonly known as “E”, “I”, and “G” leases, or also known as Visalia 010042, 010043, and 010097 leases in naval petroleum reserve numbered 1, Kern County, California, and to consent, in the premises, to the assignment of other oil and gas leases in said naval petroleum reserve numbered 1, now part of the unmortgaged assets of Pan American Petroleum Company, with the concurrence of the Secretary of the Navy and to the assignment of other oil and gas leases, also part of the unmortgaged assets of Pan American Petroleum Company, of the United States outside the said naval petroleum reserve numbered 1, with the consent of the Secretary of the Interior, said assignments to be authorized only to assignees otherwise duly qualified under existing laws: Provided, That the authority herein

Proviso.

Approval not implied.

granted is permissive only, and shall not be construed as a declaration of approval by Congress of the compromise herein authorized to be made, and that said authority shall not be exercised by the

Exercise of authority optional.

Attorney General unless in his judgment said compromise shall appear to him to be for the best interests of the United States.

Approved, May 3, 1933.

To relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes. 1933-05-12 25 Chapter 48 Stat. 31 73 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 25.]

AN ACT To relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes.

May 12, 1933.

[H. R. 3835.]

[Public, No. 10.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Agricultural Adjustment Act.

Post, pp. 199, 354.

<num class="centered" value="I">TITLE I—</num> <heading class="inline">AGRICULTURAL ADJUSTMENT</heading><sidenote><inline class="smallCaps">agricultural adjustment.</inline></sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">Declaration of Emergency</heading> <content>That the present acute economic emergency being in part the consequence<sidenote>Declaration of emergency.</sidenote> of a severe and increasing disparity between the prices of agricultural and other commodities, which disparity has largely destroyed the purchasing power of farmers for industrial products, has broken down the orderly exchange of commodities, and has seriously impaired the agricultural assets supporting the national credit structure, it is hereby declared that these conditions in the basic industry of agriculture have affected transactions in agricultural commodities with a national public interest, have burdened and obstructed the normal currents of commerce in such commodities, and render imperative the immediate enactment of title I of this Act.</content> </section> <page identifier="/us/stat/48/32">32</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">declaration of policy</heading><sidenote>Declaration of policy.</sidenote> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <chapeau class="inline">It is hereby declared to be the policy of Congress—</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) <sidenote>Balance between production and consumption to be established, etc.</sidenote></num> <content>To establish and maintain such balance between the production and consumption of agricultural commodities, and such marketing conditions therefor, as will reestablish prices to farmers at a level that will give agricultural commodities a purchasing power with respect to articles that farmers buy, equivalent to the purchasing <sidenote>Base period, except for tobacco.</sidenote>power of agricultural commodities in the base period. The base period in the case of all agricultural commodities except tobacco <sidenote>For tobacco.</sidenote>shall be the prewar period, August 1909–July 1914. In the case of tobacco, the base period shall be the postwar period, August 1919–July 1929.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) <sidenote>Correcting present inequalities.</sidenote></num> <content>To approach such equality of purchasing power by gradual correction of the present inequalities therein at as rapid a rate as is deemed feasible in view of the current consumptive demand in domestic and foreign markets.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) <sidenote>Protecting consumers’ interest.</sidenote></num> <content>To protect the consumers’ interest by readjusting farm production at such level as will not increase the percentage of the consumers’ retail expenditures for agricultural commodities, or products derived therefrom, which is returned to the farmer, above the percentage which was returned to the farmer in the prewar period, August 1909–July 1914.</content> </paragraph> </section> <part> <num value="1">PART 1—</num> <heading>COTTON OPTION CONTRACTS</heading><sidenote><inline class="smallCaps">cotton option contracts.</inline></sidenote> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num><sidenote>Duties of designated agencies.</sidenote> <chapeau class="inline">The Federal Farm Board and all departments and other agencies of the Government, not including the Federal intermediate credit banks, are hereby directed—</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) <sidenote>Cotton on hand to be sold to Secretary of Agriculture.</sidenote></num> <content>To sell to the Secretary of Agriculture at such price as may be agreed upon, not in excess of the market price, all cotton now owned by them.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>Acquiring full title on which money has been loaned, etc.</sidenote></num> <chapeau>To take such action and to make such settlements as are necessary in order to acquire full legal title to all cotton on which money has been loaned or advanced by any department or agency of the United States, including futures contracts for cotton or which is held as collateral for loans or advances and to make final settlement of such loans and advances as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) <sidenote>Method of settlements.</sidenote></num> <content>In making such settlements with regard to cotton, including operations to which such cotton is related, such cotton shall be taken over by all such departments or agencies other than the Secretary <sidenote>Price to equal amount loaned.</sidenote>of Agriculture at a price or sum equal to the amounts directly or indirectly loaned or advanced thereon and outstanding, including <sidenote>Senior loans.</sidenote>loans by the Government department or agency and any loans senior thereto, plus any sums required to adjust advances to growers to 90 per centum of the value of their cotton at the date of its delivery <sidenote>Collateral.</sidenote>in the first instance as collateral to the department or agency <sidenote>Computation.</sidenote>involved, such sums to be computed by subtracting the total amount already advanced to growers on account of pools of which such cotton was a part, from 90 per centum of the value of the cotton to be taken over as of the time of such delivery as collateral, plus unpaid accrued carrying charges and operating costs on such cotton, less, however, any existing assets of the borrower derived from net income, earnings, or profits arising from such cotton, and from operations to which such cotton is related; all as determined by the department or agency making the settlement.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) <sidenote>Cotton held as collateral for loans, etc.</sidenote></num> <content class="inline"> The Secretary of Agriculture shall make settlements with respect to cotton held as collateral for loans or advances made by him on such terms as in his judgment may be deemed advisable, <page identifier="/us/stat/48/33">33</page>and to carry out the provisions of this section, is authorized to<sidenote>Indemnification of lost receipts.</sidenote> indemnify or furnish bonds to warehousemen for lost warehouse receipts and to pay the premiums on such bonds. When full legal title to the cotton referred to in (b) has been<sidenote>Sale of, to Secretary of Agriculture.</sidenote> acquired, it shall be sold to the Secretary of Agriculture for the purposes of this section, in the same manner as provided in (a). </content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Secretary of Agriculture is hereby authorized to purchase<sidenote>Purchase authorized.</sidenote> the cotton specified in paragraphs (a) and (b).</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Sec</inline>. 4. </num> <content>The Secretary of Agriculture shall have authority to<sidenote>Secretary may borrow, using warehouse receipts as collateral.Post, p. 1058.</sidenote> borrow money upon all cotton in his possession or control and deposit as collateral for such loans the warehouse receipts for such cotton.</content> </section> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec</inline>. 5. </num> <content>The Reconstruction Finance Corporation is hereby authorized<sidenote>Reconstruction Finance Corporation.Loans by, authorized.</sidenote> and directed to advance money and to make loans to the Secretary of Agriculture to acquire such cotton and to pay the classing, carrying, and merchandising costs thereon, in such amounts and upon such terms as may be agreed upon by the Secretary and the Reconstruction Finance Corporation, with such warehouse receipts as collateral security: <proviso>Provided, however, That in any instance<sidenote>Proviso.Security other than warehouse receipts.</sidenote> where it is impossible or impracticable for the Secretary to deliver such warehouse receipts as collateral security for the advances and loans herein provided to be made, the Reconstruction Finance Corporation may accept in lieu of all or any part thereof such other security as it may consider acceptable for the purposes aforesaid, including an assignment or assignments of the equity and interest of the Secretary in warehouse receipts pledged to secure other indebtedness. The amount of notes, bonds, debentures, and other<sidenote>Obligations of Corporation increased.Vol. 47, p. 9.</sidenote> such obligations which the Reconstruction Finance Corporation is authorized and empowered to issue and to have outstanding at any one time under existing law is hereby increased by an amount sufficient to carry out the provisions of this section.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="6"><inline class="smallCaps">Sec</inline>. 6. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Agriculture is hereby authorized to<sidenote>Option contracts to sell cotton to producer in lieu of crop production, 1933.</sidenote> enter into option contracts with the producers of cotton to sell to any such producer an amount of cotton to be agreed upon not in excess of the amount of reduction in production of cotton by such producer below the amount produced by him in the preceding crop<sidenote>Post, p. 601.Written agreement to reduce production.</sidenote> year, in all cases where such producer agrees in writing to reduce the amount of cotton produced by him in 1933, below his production in the previous year, by not less than 30 per centum, without increase in commercial fertilization per acre.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>To any such producer so agreeing to reduce production the<sidenote>Non transferable option contracts.</sidenote> Secretary of Agriculture shall deliver a nontransferable-option contract agreeing to sell to said producer an amount, equivalent to the amount of his agreed reduction, of the cotton in the possession and control of the Secretary.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The producer is to have the option to buy said cotton at the<sidenote>Producer’s option to buy, at price paid by Secretary.</sidenote> average price paid by the Secretary for the cotton procured under section 3, and is to have the right at any time up to January 1, 1934, to exercise his option, upon proof that he has complied with his contract and with all the rules and regulations of the Secretary of Agriculture with respect thereto, by taking said cotton upon payment by him of his option price and all actual carrying charges on<sidenote>Secretary may sell, for producer’s account.</sidenote> such cotton; or the Secretary may sell such cotton for the account of such producer, paying him the excess of the market price at the date<sidenote>Net profits to inure to producer.</sidenote> of sale over the average price above referred to after deducting all actual and necessary carrying charges: <proviso>Provided, That in no event<sidenote>Provisos.Liability for loss.</sidenote> shall the producer be held responsible or liable for financial loss incurred in the holding of such cotton or on account of the carrying charges therein;</proviso> Provided further, That such agreement to curtail<sidenote>Use of land restricted</sidenote> <page identifier="/us/stat/48/34">34</page>cotton production shall contain a further provision that such cotton producer shall not use the land taken out of cotton production for the production for sale, directly or indirectly, of any other nationally produced agricultural commodity or product.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) <sidenote>Undisposed cotton.Similar contracts and restrictions to be provided.</sidenote></num> <content>If any cotton held by the Secretary of Agriculture is not disposed of under subsection (c), the Secretary is authorized to enter into similar option contracts with respect to such cotton, conditioned upon a like reduction of production in 1934, and permitting the producer in each case to exercise his option at any time up to January 1, 1935.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="7"><inline class="smallCaps">Sec</inline>. 7. </num><sidenote>Provisions for selling, by Secretary.Post, p. 210.</sidenote> <content class="inline">The Secretary shall sell the cotton held by him at his <sidenote>Provisos.Total disposition by March 1, 1936.Additional option contracts.</sidenote>discretion, but subject to the foregoing provisions: <proviso>Provided, That he shall dispose of all cotton held by him by March 1, 1936:</proviso> <proviso>Provided further, That the Secretary shall have authority to enter into additional option contracts for so much of such cotton as is not necessary to comply with the provisions of section 6, in combination with benefit payments as provided for in part 2 of this title.</proviso></content> </section> </part> <part> <num value="2"><inline class="smallCaps">Part 2—</inline></num> <heading><inline class="smallCaps">Commodity Benefits</inline></heading><sidenote>Commodity benefits.</sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">general powers</heading><sidenote>General powers.</sidenote> <num value="8"><inline class="smallCaps">Sec</inline>. 8. </num><sidenote>Secretary of Agriculture.</sidenote> <chapeau class="inline">In order to effecuate 1<footnote><num>1</num> So in original.</footnote> the declared policy, the Secretary of Agriculture shall have power—</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) <sidenote>To reduce production of basic agricultural commodities.Post, p. 676.</sidenote></num> <content>To provide for reduction in the acreage or reduction in the production for market, or both, of any basic agricultural commodity, through agreements with producers or by other voluntary methods, <sidenote>Rental or benefit payments.</sidenote>and to provide for rental or benefit payments in connection therewith or upon that part of the production of any basic agricultural commodity required for domestic consumption, in such amounts as the Secretary deems fair and reasonable, to be paid out of any moneys <sidenote>Storage of nonperishable commodities on the farm, etc.</sidenote>available for such payments. Under regulations of the Secretary of Agriculture requiring adequate facilities for the storage of any non-perishable agricultural commodity on the farm, inspection and measurement of any such commodity so stored, and the locking and <sidenote>Protection, marketing, etc.</sidenote>sealing thereof, and such other regulations as may be prescribed by the Secretary of Agriculture for the protection of such commodity <sidenote>Advances, deduction for inspection costs, etc.</sidenote>and for the marketing thereof, a reasonable percentage of any benefit payment may be advanced on any such commodity so stored. In any such case, such deduction may be made from the amount of the benefit payment as the Secretary of Agriculture determines will reasonably compensate for the cost of inspection and sealing, but no deduction may be made for interest.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) <sidenote>To enter into marketing agreements with respect to any agricultural commodity, etc.</sidenote></num> <content>To enter into marketing agreements with processors, associations of producers, and others engaged in the handling, in the current of interstate or foreign commerce of any agricultural commodity<sidenote>Not to be held as violating antitrust laws.</sidenote> or product thereof, after due notice and opportunity for hearing to interested parties. The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be <sidenote>Proviso.Duration of agreement.Loans to parties entering agreement; limitation.Vol. 47, p. 6.</sidenote>lawful: <proviso>Provided, That no such agreement shall remain in force after the termination of this Act. For the purpose of carrying out any such agreement the parties thereto shall be eligible for loans from the Reconstruction Finance Corporation under section 5 of the Reconstruction Finance Corporation Act. Such loans shall not be in excess of such amounts as may be authorized by the agreements.</proviso></content> </paragraph> <page identifier="/us/stat/48/35">35</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>To issue licenses permitting processors, associations of producers,<sidenote>To issue licenses, permitting handling of any agricultural commodity or competing product thereof.Terms of issue.</sidenote> and others to engage in the handling, in the current of interstate or foreign commerce, of any agricultural commodity or product thereof, or any competing commodity or product thereof. Such licenses shall be subject to such terms and conditions, not in conflict with existing Acts of Congress or regulations pursuant thereto, as may be necessary to eliminate unfair practices or charges that prevent or tend to prevent the effectuation of the declared policy and the restoration of normal economic conditions in the marketing of such commodities or products and the financing thereof. The Secretary<sidenote>Licenses may be suspended or revoked.</sidenote> of Agriculture may suspend or revoke any such license, after due notice and opportunity for hearing, for violations of the terms or conditions thereof. Any order of the Secretary suspending or<sidenote>Secretary’s order final.</sidenote> revoking any such license shall be final if in accordance with law. Any such person engaged in such handling without a license as<sidenote>Penalty for violation.</sidenote> required by the Secretary under this section shall be subject to a fine of not more than $1,000 for each day during which the violation continues.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>To require any licensee under this section to furnish such<sidenote>To require licensee to furnish reports and to keep system of accounts.</sidenote> reports as to quantities of agricultural commodities or products thereof bought and sold and the prices thereof, and as to trade practices and charges, and to keep such systems of accounts, as may be necessary for the purpose of part 2 of this title.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>No person engaged in the storage in a public warehouse of<sidenote>Removal, on which warehouse receipt is outstanding, unlawful.</sidenote> any basic agricultural commodity in the current of interstate or foreign commerce, shall deliver any such commodity upon which a warehouse receipt has been issued and is outstanding, without prior surrender and cancellation of such warehouse receipt. Any<sidenote>Punishment for.</sidenote> person violating any of the provisions of this subsection shall, upon conviction, be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both. The Secretary<sidenote>Revocation of license for violation.</sidenote> of Agriculture may revoke any license issued under subsection (3) of this section, if he finds? after due notice and opportunity for hearing,<sidenote>Post, p. 672.</sidenote> that the licensee has violated the provisions of this subsection.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">processing tax</heading><sidenote>Processing tax.</sidenote> <num value="8"><inline class="smallCaps">Sec</inline>. 9. </num> <subsection class="inline"> <num value="a">(a) </num> <content>To obtain revenue for extraordinary expenses incurred<sidenote>Levy of, to meet economic emergencies.Post, p. 676.</sidenote> by reason of the national economic emergency, there shall be levied processing taxes as hereinafter provided. When the Secretary of<sidenote>Rental, etc., payments.</sidenote> Agriculture determines that rental or benefit payments are to be made with respect to any basic agricultural commodity, he shall proclaim such determination, and a processing tax shall be in effect<sidenote>Effective date of tax.</sidenote> with respect to such commodity from the beginning of the marketing year therefor next following the date of such proclamation. The<sidenote>Levy, assessment, etc.</sidenote> processing tax shall be levied, assessed, and collected upon the first domestic processing of the commodity, whether of domestic production or imported, and shall be paid by the processor. The rate<sidenote>Rate.</sidenote> of tax shall conform to the requirements of subsection (b). Such rate shall be determined by the Secretary of Agriculture as of the date the tax first takes effect, and the rate so determined shall, at such intervals as the Secretary finds necessary to effectuate the declared policy, be adjusted by him to conform to such requirements. The processing tax shall terminate at the end of the marketing year<sidenote>Termination.</sidenote> current at the time the Secretary proclaims that rental or benefit payments are to be discontinued with respect to such commodity. The marketing year for each commodity shall be ascertained and <page identifier="/us/stat/48/36">36</page><sidenote>Proviso.Manufacturers’ sales tax computed.Vol. 47, p. 259.</sidenote>prescribed by regulations of the Secretary of Agriculture: <proviso>Provided, That upon any article upon which a manufacturers’ sales tax is levied under the authority of the Revenue Act of 1932 and which manufacturers’ sales tax is computed on the basis of weight, such manufacturers’ sales tax shall be computed on the basis of the weight of said finished article less the weight of the processed cotton contained therein on which a processing tax has been paid.</proviso></content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>Rate to equal difference between current farm price and fair exchange value.Factors to be considered.Post, p. 671.</sidenote></num> <content>The processing tax shall be at such rate as equals the difference between the current average farm price for the commodity and the fair exchange value of the commodity; except that if the Secretary has reason to believe that the tax at such rate will cause such reduction in the quantity of the commodity or products thereof domestically consumed as to result in the accumulation of surplus stocks of the commodity or products thereof or in the depression of the farm price of the commodity, then he shall cause an appropriate investigation to be made and afford due notice and opportunity for <sidenote>To prevent accumulation of surplus and depression of farm price.</sidenote>hearing to interested parties. If thereupon the Secretary finds that such result will occur, then the processing tax shall be at such rate as will prevent such accumulation of surplus stocks and depression <sidenote>Protein content of wheat.</sidenote>of the farm price of the commodity. In computing the current average farm price in the case of wheat, premiums paid producers for protein content shall not be taken into account.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) <sidenote>Fair exchange value defined.</sidenote></num> <content>For the purposes of part 2 of this title, the fair exchange value of a commodity shall be the price therefor that will give the commodity the same purchasing power, with respect to articles farmers buy, as such commodity had during the base period specified<sidenote>How ascertained.</sidenote> in section 2; and the current average farm price and the fair exchange value shall be ascertained by the Secretary of Agriculture from available statistics of the Department of Agriculture.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) <sidenote>“Processing” defined.Post, pp., 528, 670.</sidenote></num> <chapeau class="inline">As used in part 2 of this title—</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>In case of wheat, rice, and corn, the term “processing” means the milling or other processing (except cleaning and drying) of wheat, rice, or corn for market, including custom milling for toll as well as commercial milling, but shall not include the grinding or cracking thereof not in the form of flour for feed purposes only.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In case of cotton, the term “processing” means the spinning, manufacturing, or other processing (except ginning) of cotton; and the term “cotton” shall not include cotton linters.</content> </paragraph> <subsection class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>In case of tobacco, the term “processing” means the manufacturing or other processing (except drying or converting into insecticides and fertilizers) of tobacco.</content> </subsection> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) <sidenote>Post, p. 1242.</sidenote></num> <content>In case of hogs, the term “processing” means the slaughter of hogs for market.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) <sidenote>Post, pp. 528, 675, 1242.</sidenote></num> <content>In the case of any other commodity, the term “processing” means any manufacturing or other processing involving a change in the form of the commodity or its preparation for market, as defined by regulations of the Secretary of Agriculture; and in prescribing such regulations the Secretary shall give due weight to the customs of the industry.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) <sidenote>Pyramiding tax, profiteering, etc.Measures to prevent.</sidenote></num> <content>When any processing tax, or increase or decrease therein, takes effect in respect of a commodity the Secretary of Agriculture, in order to prevent pyramiding of the processing tax and profiteering in the sale of the products derived from the commodity, shall <sidenote>Information to be published.</sidenote>make public such information as he deems necessary regarding (1) the relationship between the processing tax and the price paid to producers of the commodity, (2) the effect of the processing tax upon prices to consumers of products of the commodity, (3) the relationship, in previous periods, between prices paid to the producers of the commodity and prices to consumers of the products <page identifier="/us/stat/48/37">37</page>thereof, and (4) the situation in foreign countries relating to prices<sidenote>Post, p. 675.</sidenote> paid to producers of the commodity and prices to consumers of the products thereof.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">miscellaneous</heading><sidenote>Miscellaneous.</sidenote> <num value="10"><inline class="smallCaps">Sec</inline>. 10. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Agriculture may appoint such<sidenote>Officers and employees.Appointment, under Classification Act.Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.<ref href="/us/usc/p65/31">U.S.C., p. 65; Supp. VI, p. 31</ref>.Appointments outside civil service.</sidenote> officers and employees, subject to the provisions of the Classification Act of 1923 and Acts amendatory thereof, and such experts as are necessary to execute the functions vested in him by this title; and the Secretary may make such appointments without regard to the civil service laws or regulations: <proviso>Provided, That no salary in excess<sidenote>Proviso.Salary restriction.</sidenote> of $10,000 per annum shall be paid to any officer, employee, or expert of the Agricultural Adjustment Administration, which the Secretary shall establish in the Department of Agriculture for the administration of the functions vested in him by this title. Title II of the<sidenote>“Economy Act” provisions not applicable.Ante, p. 15.</sidenote> Act entitled “An Act to maintain the credit of the United States Government”, approved March 20, 1933, to the extent that it provides for the impoundment of appropriations on account of reductions in compensation, shall not operate to require such impoundment under appropriations contained in this Act.</proviso></content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Secretary of Agriculture is authorized to establish, for<sidenote>Cooperative producers associations may act as distributing agents of benefit payments.</sidenote> the more effective administration of the functions vested in him by this title, State and local committees, or associations of producers, and to permit cooperative associations of producers, when in his judgment they are qualified to do so, to act as agents of their members and patrons in connection with the distribution of rental or benefit payments.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Secretary of Agriculture is authorized, with the approval<sidenote>C on version factors for any commodity, etc., may be established.</sidenote> of the President, to make such regulations with the force and effect of law as may be necessary to carry out the powers vested in him by this title, including regulations establishing conversion factors<sidenote>Determination of tax, etc.</sidenote> for any commodity and article processed therefrom to determine the amount of tax imposed or refunds to be made with respect thereto. Any violation of any regulation shall be subject to such<sidenote>Penalty for violation.</sidenote> penalty, not in excess of $100, as may be provided therein.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The Secretary of the Treasury is authorized to make such<sidenote>Regulations authorized.</sidenote> regulations as may be necessary to carry out the powers vested in him by this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The action of any officer, employee, or agent in determining<sidenote>Determination of amount of rental, etc., payment; review restrictions.</sidenote> the amount of and in making any rental or benefit payment shall not be subject to review by any officer of the Government other than the Secretary of Agriculture or Secretary of the Treasury.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>The provisions of this title shall be applicable to the United<sidenote>Provisions not applicable to designated possessions of U.S.Post. p. 675.</sidenote> States and its possessions, except the Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and the island of Guam.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content>No person shall, while acting in any official capacity in the<sidenote>Speculation in agricultural commodities.</sidenote> administration of this title, speculate, directly or indirectly, in any agricultural commodity or product thereof, to which this title applies,<sidenote>Persons administering title forbidden.</sidenote> or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity or product. Any<sidenote>Penalty for.</sidenote> person violating this subsection shall upon conviction thereof be fined not more than $10,000 or imprisoned not more than two years, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <content>For the efficient administration of the provisions of part 2<sidenote>Power to secure information, etc.Vol. 38, pp. 722, 723.<ref href="/us/usc/p358">U.S.C., p. 358</ref>.</sidenote> of this title, the provisions, including penalties, of sections 8, 9, and 10 of the Federal Trade Commission Act, approved September 26, 1914, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering the provisions of this title and to <page identifier="/us/stat/48/38">38</page>any person subject to the provisions of this title, whether or not a <sidenote>Hearings.</sidenote>corporation. Hearings authorized or required under this title shall be conducted by the Secretary of Agriculture or such officer or employee of the Department as he may designate for the purpose. <sidenote>Enforcement, etc., of agreement.</sidenote>The Secretary may report any violation of any agreement entered into under part 2 of this title to the Attorney General of the United States, who shall cause appropriate proceedings to enforce such agreement to be commenced and prosecuted in the proper courts of the United States without delay.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">commodities</heading> <num value="11"><inline class="smallCaps">Sec</inline>. 11. </num><sidenote>“Basic agricultural commodity.”Products included.Post, pp. 528, 670, 1184.Authority to exclude any commodity.</sidenote> <content class="inline">As used in this title, the term “basic agricultural commodity” means wheat, cotton, field corn, hogs, rice, tobacco, and milk and its products, and any regional or market classification, type, or grade thereof; but the Secretary of Agriculture shall exclude from the operation of the provisions of this title, during any period, any such commodity or classification, type, or grade thereof if he finds, upon investigation at any time and after due notice and opportunity for hearing to interested parties, that the conditions of production, marketing, and consumption are such that during such period this title can not be effectively administered to the end of effectuating the declared policy with respect to such commodity or classification, type, or grade thereof.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">appropriation</heading> <num value="12"><inline class="smallCaps">Sec</inline>. 12. </num><sidenote>Appropriation for administrative expenses, etc.Post, pp. 528, 605, 678.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $100,000,000 to be available to the Secretary of Agriculture for administrative expenses under this title and for rental and benefit payments made with respect to reduction in acreage or reduction in production for <sidenote>Available until expended.</sidenote>market under part 2 of this title. Such sum shall remain available until expended.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>Supplemental funds for expansion of markets, etc.</sidenote></num> <content>In addition to the foregoing, the proceeds derived from all taxes imposed under this title are hereby appropriated to be available to the Secretary of Agriculture for expansion of markets and removal of surplus agricultural products and the following purposes <sidenote>Administrative expenses.</sidenote>under part 2 of this title: Administrative expenses, rental and benefit payments, and refunds on taxes. The Secretary of Agriculture <sidenote>Estimate of needs.</sidenote>and the Secretary of the Treasury shall jointly estimate from time to time the amounts, in addition to any money available under subsection (a), currently required for such purposes; and the Secretary of the Treasury shall, out of any money in the Treasury not otherwise<sidenote>Advances.</sidenote> appropriated, advance to the Secretary of Agriculture the amounts so estimated. The amount of any such advance shall be deducted from such tax proceeds as shall subsequently become available under this subsection.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) <sidenote>Services, etc., in the District of Columbia.</sidenote></num> <content>The administrative expenses provided for under this section shall include, among others, expenditures for personal services and rent in the District of Columbia and elsewhere, for law books and books of reference, for contract stenographic reporting services, and for printing and paper in addition to allotments under the existing <sidenote>Transfer of funds authorized.</sidenote>law. The Secretary of Agriculture shall transfer to the Treasury Department, and is authorized to transfer to other agencies, out of funds available for administrative expenses under this title, such sums as are required to pay administrative expenses incurred and refunds made by such department or agencies in the administration of this title.</content> </subsection> </section> <page identifier="/us/stat/48/39">39</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">termination of act</heading> <num value="13"><inline class="smallCaps">Sec</inline>. 13. </num> <content>This title shall cease to be in effect whenever the President<sidenote>Termination of Act.Post, p. 677.</sidenote> finds and proclaims that the national economic emergency in relation to agriculture has been ended; and pending such time the President shall by proclamation terminate with respect to any basic agricultural commodity such provisions of this title as he finds are not requisite to carrying out the declared policy with respect to such commodity. The Secretary of Agriculture shall make such investigations<sidenote>Investigations, etc., by Secretary of Agriculture.</sidenote> and reports thereon to the President as may be necessary to aid him in executing this section.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">separability of provisions</heading> <num value="14"><inline class="smallCaps">Sec</inline>. 14. </num> <content>If any provision of this title is declared unconstitutional,<sidenote>Separability clause.</sidenote> or the applicability thereof to any person, circumstance, or commodity is held invalid the validity of the remainder of this title and the applicability thereof to other persons, circumstances, or commodities shall not be affected thereby.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">Supplementary Revenue Provisions</heading> <subheading class="centered smallCaps">exemptions and compensating taxes</subheading><sidenote>Supplementary revenue provisions.</sidenote> <num value="15"><inline class="smallCaps">Sec</inline>. 15. </num> <subsection class="inline"> <num value="a">(a) </num> <content>If the Secretary of Agriculture finds, upon investigation<sidenote>Exempting commodities of low value from processing tax.</sidenote> at any time and after due notice and opportunity for hearing to interested parties, that any class of products of any commodity is of such low value compared with the quantity of the commodity<sidenote>Posts, pp. 675, 1241.</sidenote> used for their manufacture that the imposition of the processing tax would prevent in whole or in large part the use of the commodity in the manufacture of such products and thereby substantially reduce consumption and increase the surplus of the commodity, then the Secretary of Agriculture shall so certify to the Secretary of the Treasury, and the Secretary of the Treasury shall abate or refund any processing tax assessed or paid after the date of such certification with respect to such amount of the commodity as is used in the manufacture of such products.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>No tax shall be required to be paid on the processing of any<sidenote>No tax on processing by producers for home consumption.</sidenote> commodity by or for the producer thereof for consumption by his own family, employees, or household; and the Secretary of Agriculture is authorized, by regulations, to exempt from the payment of the processing tax the processing of commodities by or for the producer thereof for sale by him where, in the judgment of the Secretary, the imposition of a processing tax with respect thereto is unnecessary to effectuate the declared policy.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Any person delivering any product to any organization for<sidenote>Tax refund on products for charitable distribution.Post, p. 973.</sidenote> charitable distribution or use shall, if such product or the commodity from which processed, is under this title subject to tax, be entitled to a refund of the amount of any tax paid under this title with respect to such product so delivered.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The Secretary of Agriculture shall ascertain from time to<sidenote>Secretary to ascertain and proclaim where tax causes disadvantages in competition.</sidenote> time whether the payment of the processing tax upon any basic agricultural commodity is causing or will cause to the processors thereof disadvantages in competition from competing commodities by reason of excessive shifts in consumption between such commodities or products thereof. If the Secretary of Agriculture finds, after investigation and due notice and opportunity for hearing to interested parties, that such disadvantages in competition exist, or will exist, he shall proclaim such finding. The Secretary shall specify<sidenote>Competing commodity and compensating tax rate to be specified.</sidenote> in this proclamation the competing commodity and the compensating rate of tax on the processing thereof necessary to prevent such <page identifier="/us/stat/48/40">40</page><sidenote>Rate to be altered accordingly.</sidenote>disadvantages in competition. Thereafter there shall be levied, assessed, and collected upon the first domestic processing of such competing commodity a tax, to be paid by the processor, at the rate specified, until such rate is altered pursuant to a further finding under this section, or the tax or rate thereof on the basic agricultural <sidenote>Limitation.</sidenote>commodity is altered or terminated. In no case shall the tax imposed upon such competing commodity exceed that imposed per equivalent unit, as determined by the Secretary, upon the basic agricultural commodity.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) <sidenote>Equalizing tax imposed on imports.Post, p. 676.</sidenote></num> <content>During any period for which a processing tax is in effect with respect to any commodity there shall be levied, assessed, collected, and paid upon any article processed or manufactured wholly or in chief value from such commodity and imported into the United States or any possession thereof to which this title applies, from any foreign country or from any possession of the United States to which this title does not apply, a compensating tax equal to the amount of the processing tax in effect with respect to domestic Proviso.Taxes on articles from U.S. possessions not included herein.processing at the time of importation: <proviso>Provided, That all taxes collected under this subsection upon articles coming from the possessions of the United States to which this title does not apply shall not be covered into the general fund of the Treasury of the United <sidenote>To be expended for benefit of agriculture.</sidenote>States but shall be held as a separate fund and paid into the Treasury of the said possessions, respectively, to be used and expended by the governments thereof for the benefit of agriculture. Such tax shall <sidenote>Post, p. 676.</sidenote>be paid prior to the release of the article from customs custody or control.</proviso></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">floor stocks</heading> <num value="16"><inline class="smallCaps">Sec</inline>. 16. </num><sidenote>Floor stocks.Tax adjustments.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Upon the sale or other disposition of any article processed wholly or in chief value from any commodity with respect to which a processing tax is to be levied, that on the date the tax first takes effect or wholly terminates with respect to the commodity, is held for sale or other disposition (including articles in transit) by any person, there shall be made a tax adjustment as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) <sidenote>Levy, etc., of tax on date processing tax takes effect.Post, p. 676.</sidenote></num> <content>Whenever the processing tax first takes effect, there shall be levied, assessed, and collected a tax to be paid by such person equivalent to the amount of the processing tax which would be payable with respect to the commodity from which processed if the processing had occurred on such date.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) <sidenote>Corresponding refund, etc., on termination of tax.</sidenote></num> <content>Whenever the processing tax is wholly terminated, there shall be refunded to such person a sum (or if it has not been paid, the tax shall be abated) in an amount equivalent to the processing tax with respect to the commodity from which processed.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>Stocks in retail trade not affected.</sidenote></num> <content>The tax imposed by subsection (a) shall not apply to the retail stocks of persons engaged in retail trade, held at the date the <sidenote>Exceptions.</sidenote>processing tax first takes effect; but such retail stocks shall not be deemed to include stocks held in a warehouse on such date, or such portion of other stocks held on such date as are not sold or <sidenote>Refund, etc., not applicable.Post, pp. 678, 1241.</sidenote>otherwise disposed of within thirty days thereafter. The tax refund or abatement provided in subsection (a) shall not apply to the retail stocks of persons engaged in retail trade, held on the date the processing tax is wholly terminated.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">exportations</heading> <num value="17"><inline class="smallCaps">Sec</inline>. 17. </num><sidenote>Export refund.Post, p. 676.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Upon the exportation to any foreign country (including the Philippine Islands, the Virgin Islands, American Samoa, and the island of Guam) of any product with respect to which a tax has been paid under this title, or of any product processed wholly or in chief value from a commodity with respect to which a tax <page identifier="/us/stat/48/41">41</page>has been paid under this title the exporter thereof shall be entitled at the time of exportation to a refund of the amount of such tax.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon the giving of bond satisfactory to the Secretary of the<sidenote>Processing for exportation.Tax free, under bond.</sidenote> Treasury for the faithful observance of the provisions of this title requiring the payment of taxes, any person shall be entitled, without payment of the tax, to process for such exportation any commodity<sidenote>Post, pp. 676, 678.</sidenote> with respect to which a tax is imposed by this title, or to hold for such exportation any article processed wholly or in chief value therefrom.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">existing contracts</heading><sidenote>Existing contracts.</sidenote> <num value="18"><inline class="smallCaps">Sec</inline>. 18. </num> <subsection class="inline"> <num value="a">(a) </num> <content>If (1) any processor, jobber, or wholesaler has, prior<sidenote>Prior contracts for delivery after effective date.</sidenote> to the date a tax with respect to any commodity is first imposed under this title, made a bona fide contract of sale for delivery on or after such date, of any article processed wholly or in chief value from such commodity, and if (2) such contract does not permit the addition to the amount to be paid thereunder of the whole of such<sidenote>Payment by vendee.</sidenote> tax, then (unless the contract prohibits such addition) the vendee shall pay so much of the tax as is not permitted to be added to the contract price.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Taxes payable by the vendee shall be paid to the vendor at<sidenote>Collection and payment by vendor.</sidenote> the time the sale is consummated and shall be collected and paid to the United States by the vendor in the same manner as other taxes under this title. In case of failure or refusal by the vendee to pay<sidenote>Report of failure.</sidenote> such taxes to the vendor, the vendor shall report the facts to the Commissioner of Internal Revenue who shall cause collections of such taxes to be made from the vendee.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">collection of taxes</heading> <num value="19"><inline class="smallCaps">Sec</inline>. 19. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The taxes provided in this title shall be collected by<sidenote>Collection of taxes.</sidenote> the Bureau of Internal Revenue under the direction of the Secretary of the Treasury. Such taxes shall be paid into the Treasury of the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>All provisions of law, including penalties, applicable with<sidenote>Provisions governing collections.Vol. 44, p. 93; Vol. 47, p. 269.</sidenote> respect to the taxes imposed by section 600 of the Revenue Act of 1926, and the provisions of section 626 of the Revenue Act of 1932, shall, in so far as applicable and not inconsistent with the provisions of this title, be applicable in respect of taxes imposed by this title: <proviso>Provided, That the Secretary of the Treasury is authorized to permit<sidenote>Proviso.Postponements.Post, p. 1242.</sidenote> postponement, for a period not exceeding ninety days, of the payment of taxes covered by any return under this title.</proviso></content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In order that the payment of taxes under this title may not<sidenote>Loans to processors.</sidenote> impose any immediate undue financial burden upon processors or distributors, any processor or distributor subject to such taxes shall<sidenote>Post, p. 677.Vol. 47, p. 6.</sidenote> be eligible for loans from the Reconstruction Finance Corporation under section 5 of the Reconstruction Finance Corporation Act.</content> </subsection> </section> </part> <num class="centered" value="II">TITLE II—</num> <heading class="inline">AGRICULTURAL CREDITS</heading><sidenote><inline class="smallCaps">agricultural credits.</inline></sidenote> <part> <num value="1"><inline class="smallCaps">Part 1—</inline></num> <heading><inline class="smallCaps">Amendments to Federal Farm Loan Act</inline></heading> <section class="firstIndent1 fontsize10"> <heading>issuance of bonds by land banks</heading><sidenote>Emergency Farm Mortgage Act of 1933.</sidenote> <num value="21"><inline class="smallCaps">Section</inline> 21. </num> <content class="inline"> Section 32 of the Federal Farm Loan Act, as amended<sidenote>Federal Farm Loan Act amendments.Vol. 39, p. 384; Vol. 42, p. 105.<ref href="/us/usc/p314">U.S.C., p. 314</ref>.Federal land banks may issue farm loan bonds.Post, p. 346.</sidenote> (U.S.C., title 12, sec. 991), is amended by adding at the end thereof the following new paragraph: <quotedContent> “Until such time as the Farm Loan Commissioner determines that Federal farm-loan bonds (other than those issued under this paragraph) are readily salable in the open market at a yield not in excess of 4 per centum per annum, but in no case more than two years after <page identifier="/us/stat/48/42">42</page><sidenote>For making new loans.</sidenote>this paragraph takes effect, Federal land banks may issue farm-loan <sidenote>Purchasing outstanding farm mortgages.Vol. 39, p. 372; <ref href="/us/usc/p306">U.S.C. p. 306</ref>.Maximum issue; denominations, etc.</sidenote>bonds as authorized under this Act, for the purpose of making new loans, or for purchasing mortgages or exchanging bonds for mortgages as provided in paragraph ‘Second’ of section 13 of this Act. The aggregate amount of the bonds issued under this paragraph shall not exceed $2,000,000,000, and such bonds shall be issued in such denominations as the Farm Loan Commissioner shall prescribe, shall <sidenote>Interest guaranteed.</sidenote>bear interest at a rate not in excess of 4 per centum per annum, and shall be fully and unconditionally guaranteed as to interest by the United States, and such guaranty shall be expressed on the face <sidenote>Payment by Secretary if issuing bank unable.</sidenote>thereof. In the event that it shall appear to the Farm Loan Commissioner that the issuing bank or banks will be unable to pay upon demand, when due, the interest on any such bonds, the Secretary of <sidenote>Appropriation authorized.To become obligation against such bank.</sidenote>the Treasury shall, upon the request of the Commissioner, pay the amount thereof, which is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated. Upon the payment of such interest by the Secretary of the Treasury the amount so paid shall become an obligation to the United States of the issuing bank or banks and shall bear interest at the same rate as that borne by the bonds upon which the interest has been so paid. <sidenote>Use, for refinancing outstanding loans.</sidenote>After the expiration of one year from the date this paragraph takes effect, if in the opinion of the Farm Loan Commissioner any part of the proceeds of the bonds authorized to be issued under this paragraph is not required for the purpose of making new loans or for purchasing mortgages or exchanging bonds for mortgages as herein provided, such bonds may be issued within the maximum limit herein specified for the purpose of refinancing any outstanding issues of <sidenote>Final issue.</sidenote>Federal farm-loan bonds; but no such bonds shall be issued after two years from the date this paragraph takes effect for the purpose <sidenote>Borrower may tender interest-guaranteed bonds in payment.</sidenote>of such refinancing. Any borrower who obtains a loan from a Federal land bank after the date this paragraph takes effect may, at any time after the expiration of five years from the date such loan was made, tender to such bank on any regular installment date, bonds <sidenote>Acceptance at par authorized.</sidenote>issued under this paragraph in an amount not to exceed the unpaid principal of his loan, and the bonds so tendered shall be accepted by the bank at par in payment of any part of such unpaid principal.” </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">purchase, reduction, and refinancing of farm mortgages</heading><sidenote>Farm mortgages.</sidenote> <num value="22"><inline class="smallCaps">Sec</inline>. 22. </num><sidenote>Vol. 39, p. 372, amended.<ref href="/us/usc/p306">U.S.C., p. 306</ref>.Post, p. 347.</sidenote> <content class="inline"> Paragraph “Second” of section 13 of the Federal Farm Loan Act, as amended, is amended by adding at the end thereof the following new sentence: <quotedContent> <sidenote>Purchase, reduction, refinancing, etc.</sidenote>“In order to reduce and/or refinance farm mortgages, to invest such funds as may be in its possession in the purchase of first mortgages on farm lands situated within the Federal land-bank district within which it is organized or for which it is acting, or to exchange farm-loan bonds for any duly recorded first mortgages on <sidenote>Limitation on price.</sidenote>farm lands executed prior to the date this paragraph, as amended, takes effect, at a price which shall not exceed in each individual case the amount of the unpaid principal of the mortgage on the date of such purchase or exchange, or 50 per centum of the normal value of the land mortgaged and 20 per centum of the value of the permanent insured improvements thereon as determined upon an appraisal <sidenote>Proviso.Mortgagor’s rights.</sidenote>made pursuant to this Act, whichever is the smaller: <proviso>Provided, That any mortgagor whose mortgage is acquired by a Federal land bank under this paragraph shall be entitled to have his farm-mortgage <sidenote>Vol. 39, pp. 365, 367; <ref href="/us/usc/p302–304">U.S.C., pp. 302–304</ref>.</sidenote>indebtedness refinanced in accordance with the provisions of sections 7 and 8 of this Act on the basis of the amount paid by the bank for his mortgage.”</proviso> </quotedContent> </content> </section> <page identifier="/us/stat/48/43">43</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">extension of loans</heading> <num value="23"><inline class="smallCaps">Sec</inline>. 23. </num> <content>Paragraph “Tenth” of section 13 of the Federal Farm<sidenote>Extension of loans.Vol. 47, p. 14.<ref href="/us/usc/p142">U.S.C., Supp. VI, p. 142</ref>, amended.Term not to exceed borrower’s capacity to meet.Post, p. 1060.</sidenote> Loan Act, as amended (U.S.C., title 12, sec. 781), is amended by adding at the end thereof the following: “<quotedText>The terms of any such extension shall be such as will not defer the collection of any obligation due by any borrower which, after investigation by the bank of the situation of such borrower, is shown to be within his capacity to meet. In the case of any such extension made prior to the expiration of five years from the date this paragraph as amended takes effect, or in the case of any deferment of principal as provided in paragraph ‘Twelfth’ of section 12 of this Act, it shall be the duty of the Secretary of the Treasury, on behalf of the United<sidenote>Treasury subscription to paid-in surplus to cover extension, etc.</sidenote> States, upon the request of the Federal land bank making the extension, and with the approval of the Farm Loan Commissioner, to subscribe at such periods as the Commissioner shall determine, to the paid-in surplus of such bank an amount equal to the amount of all such extensions and deferments made by the bank during the preceding period. Such subscriptions shall be subject to call, in<sidenote>Subscriptions subject to call.</sidenote> whole or in part, by the bank with the approval of the Commissioner upon thirty days’ notice. To enable the Secretary of the Treasury<sidenote>Sum authorized for.</sidenote> to make such subscriptions to the paid-in surplus of the Federal land banks, there is hereby authorized to be appropriated the sum of $50,000,000, to be immediately available and remain available until expended. Upon payment to any Federal land bank of the amount of any such subscription, such bank shall execute and deliver a receipt therefor to the Secretary of the Treasury in form to be prescribed by the Farm Loan Commissioner. The amount of any<sidenote>Repayment.</sidenote> subscriptions to the paid-in surplus of any such bank may be repaid in whole or in part at any time in the discretion of the bank and with the approval of the Farm Loan Commissioner, and the Commissioner may at any time require such subscriptions to be repaid in whole or in part if in his opinion the bank has resources available therefor.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">reduction of interest on loans and deferment of principal</heading><sidenote>Loans and deferment of principal.</sidenote> <num value="24"><inline class="smallCaps">Sec</inline>. 24. </num> <content class="inline"> Section 12 of the Federal Farm Loan Act, as amended<sidenote>Vol. 39, p. 372, amended.<ref href="/us/usc/p306">U.S.C. p. 306</ref>.</sidenote> (U.S.C., title 12, secs. 771–772), is amended by adding at the end thereof the following new paragraph: <quotedContent> <level> <num value="12">“Twelfth. </num> <content>Notwithstanding the provisions of paragraph ‘Second,’<sidenote>Interest rate on loans by national farm-loan associations reduced.<ref href="/us/usc/p307">U.S.C., p. 307</ref>.</sidenote> the rate of interest on any loans on mortgage made through national farm-loan associations or through agents as provided in section 15, or purchased from joint-stock land banks, by any Federal land bank, outstanding on the date this paragraph takes effect or made through national farm-loan associations within two years after such date, shall not exceed 4½ per centum per annum for all interest payable on installment dates occurring within a period of five years commencing sixty days after the date this paragraph takes effect;<sidenote>Payment of principal suspended if borrower not in default.</sidenote> and no payment of the principal portion of any installment of any such loan shall be required during such five-year period if the borrower shall not be in default with respect to any other condition or covenant of his mortgage. The foregoing provisions shall apply<sidenote>Applicable to land bank loans; interest rate reduced.</sidenote> to loans made by Federal land banks through branches, except that the rate of interest on such loans for such five-year period shall be 5 per centum in lieu of 4½ per centum. The Secretary of the<sidenote>Compensation for loss.Appropriation for.Post, p. 279.</sidenote> Treasury shall pay each Federal land bank, as soon as practicable after October 1, 1933, and after the end of each quarter thereafter, such amount as the Farm Loan Commissioner certifies to the Secre-<page identifier="/us/stat/48/44">44</page>tary of the Treasury is equal to the amount by which interest payments on mortgages held by such bank have been reduced, during <sidenote>Less any savings effected.</sidenote>the preceding quarter, by reason of this paragraph; but in any case in which the Farm Loan Commissioner finds that the amount of interest payable by such bank during any quarter has been reduced <sidenote>Post, p. 48.</sidenote>by reason of the refinancing of bonds under section 32 of this Act, the amount of the reduction so found shall be deducted from the <sidenote>Final payments.</sidenote>amount payable to such bank under this paragraph. No payments shall be made to a bank with respect to any period after June 30, 1938. There is authorized to be appropriated, out of any money <sidenote>Appropriation authorized.Post, p. 279.</sidenote>in the Treasury not otherwise appropriated, the sum of $15,000,000 for the purpose of enabling the Secretary of the Treasury to make payments to Federal land banks which accrue during the fiscal year ending June 30, 1934, and such additional amounts as may be necessary to make payments accruing during subsequent fiscal years.</content> </level> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">increase of amount of loans to borrowers</heading> <num value="25"><inline class="smallCaps">Sec</inline>. 25. </num><sidenote>Federal land bank mortgage loans.Maximum limit increased.Vol. 42, p. 1476.<ref href="/us/usc/p306">U.S.C., p. 306</ref>.Restriction.</sidenote> <content class="inline">Paragraph “Seventh” of section 12 of the Federal Farm Loan Act, as amended (U.S.C., title 12, sec. 771) (relating to the limitations as to amount of loans), is amended by striking out “<quotedText>$25,000</quotedText>” and inserting “<quotedText>$50,000, but loans to any one borrower shall not exceed $25,000 unless approved by the Farm Loan Commissioner.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">direct loans</heading> <num value="26"><inline class="smallCaps">Sec</inline>. 26. </num><sidenote>Federal Farm Loan Act, amended.Vol. 39, p. 367.<ref href="/us/usc/p303">U.S.C., p. 303</ref>.</sidenote> <content class="inline"> Section 7 of the Federal Farm Loan Act, as amended, is amended by striking out the last paragraph and inserting in lieu thereof the following new paragraphs: <quotedContent> <sidenote>Direct loans on first mortgages to farmers unable to apply to Federal land bank, etc.</sidenote>“Whenever it shall appear to the Farm Loan Commissioner that national farm-loan associations have not been formed in any locality in the continental United States, or that the farmers residing in the territory covered by the charter of a national farm-loan association are unable to apply to the Federal land bank of the district for loans on account of the inability of the bank to accept applications from such association, the Farm Loan Commissioner shall authorize said bank to make direct loans to borrowers secured by first mortgages on farm lands situated within any such locality or territory. <sidenote>Provisions governing.</sidenote>Except as herein otherwise specifically provided, all provisions of this Act applicable with respect to loans made through national farm-loan associations shall, insofar as practicable, apply with respect to such direct loans, and the Farm Loan Commissioner is authorized to make such rules and regulations as he may deem necessary with respect to such direct loans. <sidenote>Interest rate.</sidenote>“The rate of interest on such direct loans made at any time by any Federal land bank shall be one-half of 1 per centum per annum in excess of the rate of interest charged to borrowers on mortgage loans made at such time by the bank through national farm-loan associations. <sidenote>Borrower required to covenant for proportionate stock in such bank.</sidenote>“Each borrower who obtains a direct loan from a Federal land bank shall subscribe and pay for stock in such bank in the sum of $5 for each $100 or fraction thereof borrowed. Such stock shall <sidenote>Use as collateral security, etc.</sidenote>be held by such Federal land bank as collateral security for the loan of the borrower and shall participate in all dividends. Upon full <sidenote>Cancellation, upon loan repayment.</sidenote>payment of the loan such stock shall, if still outstanding, be canceled at par, or, in the event that such stock shall have become impaired, at the estimated value thereof as approved by the Farm Loan Commissioner, and the proceeds thereof shall be paid to the borrower. <page identifier="/us/stat/48/45">45</page> “Each such borrower may covenant in his mortgage that, whenever<sidenote>Borrower to covenant joining a farm-loan association when locally formed.</sidenote> there are ten or more borrowers who have obtained from a Federal land bank direct loans under the provisions of this section aggregating not less than $20,000, and who reside in a locality which may, in the opinion of the Farm Loan Commissioner, be conveniently covered by the charter of and served by a national farm-loan association,<sidenote>Organization, etc.</sidenote> he will unite with such other borrowers to form a national farm-loan association. Such borrowers shall organize the association subject to the requirements and the conditions specified in this section, so far as the same may be applicable, and in accordance with rules and regulations of the Farm Loan Commissioner. As soon as<sidenote>Exchange of stock.</sidenote> the organization of the association has been approved by the Farm Loan Commissioner, the stock in the Federal land bank held by each of the members of such association shall be canceled at par, and in lieu thereof the bank shall issue in the name of the association an equal amount of stock in said bank, which stock shall be held by said bank as collateral security as provided in this section with respect<sidenote>Held as collateral security.</sidenote> to other loans through national farm-loan associations. Thereupon there shall be issued to each such member an amount of capital<sidenote>Issue of capital stock; use as collateral.</sidenote> stock in the association equal to the amount which he previously held in said bank, which stock shall be held by said association as collateral security as provided in section 8 of this Act. The board of<sidenote>Liability for payment of mortgages.</sidenote> directors of said association shall adopt a resolution authorizing and directing its secretary-treasurer on behalf of said association to endorse, and thereby become liable for the payment of, the mortgages taken from its charter members by the Federal land bank. When it shall appear to the satisfaction of the Farm Loan Commissioner<sidenote>Interest reduced when conditions complied with.</sidenote> that all the foregoing conditions have been complied with, and upon the granting of the charter by the Farm Loan Commissioner, the interest rate paid by each charter member of such association whose loan is in good standing shall, beginning with his next regular installment date, be reduced to the rate of interest paid by borrowers on new loans made through national farm-loan associations in the same Federal land-bank district at the time the said loan was made to such charter member. “Charges to be paid by applicants for direct loans from a Federal<sidenote>Charges for direct loans.</sidenote> land bank shall not exceed amounts to be fixed by the Farm Loan Commissioner and shall in no case exceed the charges which may be made to applicants for loans and borrowers through national<sidenote>Vol. 39, pp. 369, 372.</sidenote> farm-loan associations under the provisions of sections 11 and 13 of this Act.” </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">loans to receivers</heading> <num value="27"><inline class="smallCaps">Sec</inline>. 27. </num> <content>Any receiver appointed by the Federal Farm Loan Board<sidenote>Receivers to borrow on security of receiver’s certificates for paying taxes, etc.Vol. 39, p. 381.</sidenote> pursuant to section 29 of the Federal Farm Loan Act, as amended, or any receiver appointed by a district court of the United States, is authorized, for the purpose of paying taxes on farm real estate owned by the bank or securing the mortgages held by it, with the approval of the Farm Loan Commissioner, to borrow from the Reconstruction Finance Corporation and to issue receiver’s certificates against the assets of such bank as security for any loan received<sidenote>Prior lien constituted.</sidenote> from the Corporation under this section, and such certificates shall constitute a prior lien on such assets. The Reconstruction Finance<sidenote>Reconstruction Finance Corporation to make such loans.</sidenote> Corporation is authorized to make loans to such receivers for the purposes of this section.</content> </section> <page identifier="/us/stat/48/46">46</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">federal farm-loan bonds as security for advances by federal reserve banks</heading> <num value="28"><inline class="smallCaps">Sec</inline>. 28. </num><sidenote>Farm loan bonds as security for advances by Federal Reserve Banks.Vol. 38. p. 263.Vol. 39, p. 384; Vol. 44, p. 1231.Ante, p. 41.</sidenote> <content class="inline">The eighth paragraph of section 13 of the Federal Reserve Act, as amended, is amended by inserting before the period at the end thereof a comma and the following: “<quotedText>or by the deposit or pledge of bonds issued pursuant to the paragraph added to section 32 of the Federal Farm Loan Act, as amended by section 21 of the Emergency Farm Mortgage Act of 1933.</quotedText>”</content> </section> </part> <part> <num value="2"><inline class="smallCaps">Part 2—</inline></num> <heading><inline class="smallCaps">Joint-Stock Land Banks</inline></heading><sidenote>Joint-stock land banks.</sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">limitations on issue of bonds and lending</heading> <num value="29"><inline class="smallCaps">Sec</inline>. 29. </num><sidenote>Limitations on issue of bonds and lending.</sidenote> <content class="inline">After the date of enactment of this Act, no joint-stock land bank shall issue any tax-exempt bonds or make any farm loans except such as are necessary and incidental to the refinancing of existing loans or bond issues or to the sale of any real estate now owned or hereafter acquired by such bank.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">loans to joint-stock land banks to provide for orderly liquidation</heading> <num value="30"><inline class="smallCaps">Sec</inline>. 30. </num><sidenote>Reconstruction Finance Corporation.Loans to joint-stock land banks, to provide orderly liquidation.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The Reconstruction Finance Corporation is authorized and directed to make available to the Farm Loan Commissioner, out of the funds of the Corporation, the sum of $100,000,000, to be used, for a period not exceeding two years from the date of enactment of this Act, for the purpose of making loans to the joint-stock <sidenote>Interest rate.</sidenote>land banks organized and doing business under the Federal Farm Loan Act, as amended, at a rate of interest not to exceed 4 per centum per annum, payable annually. Such loans shall be made upon application therefor by such banks and upon compliance with <sidenote>Maximum amount.</sidenote>the requirements of this section. The amount which may be loaned hereunder to any such bank shall not exceed an amount having the same proportion to the said $100,000,000 as the unpaid principal of the mortgages held by such bank on the date of enactment of this Act bears to the total amount of the unpaid principal of the mortgages held by all the joint-stock land banks on such date.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>Collateral security.</sidenote></num> <content>Any joint-stock land bank applying for a loan under this section shall deliver to the Farm Loan Commissioner as collateral security therefor first mortgages or purchase-money mortgages on farm lands, first mortgages on farm real estate owned by the bank in fee simple, or such other collateral as may be available to said <sidenote>Appraisal of.</sidenote>bank, including sales contracts and sheriff’s certificates on farm <sidenote><ref href="/us/usc/p304">U.S.C., p. 304</ref>.</sidenote>lands. The real estate upon which such collateral is based shall be appraised by appraisers appointed under the Federal Farm Loan <sidenote>Loans not to exceed 60 percent of collateral value.</sidenote>Act, as amended, and the borrowing bank shall be entitled to borrow not to exceed 60 per centum of the normal value of such real estate as <sidenote>Fees.</sidenote>determined by such appraisal. Fees for such appraisals shall be paid by the applicant banks in such amounts as may be fixed by the Farm Loan Commissioner. No such loan shall be made until the <sidenote>Agreement by bank to reduce interest upon all first mortgages to 5 percent.</sidenote>applicant bank, under regulations to be prescribed by the Farm Loan Commissioner, (1) shall have agreed to grant to each borrower then indebted to the bank under the terms of a first mortgage a reduction to 5 per centum per annum in the rate of interest specified in such mortgage, beginning at his next regular installment date <sidenote>Not to proceed against mortgagor in default.</sidenote>occurring more than sixty days after the date of enactment of this Act, and (2) shall have agreed to the satisfaction of the Commissioner that during a period of two years from the date of enactment of this Act the bank will not proceed against the mortgagor on account of default in the payment of interest or principal due under <page identifier="/us/stat/48/47">47</page>the terms of its mortgage and will not foreclose its mortgage unless<sidenote>Not to foreclose, except when abandonment, etc.</sidenote> the property covered by such mortgage is abandoned by the mortgagor or unless, in the opinion of the Commissioner, such foreclosure is necessary for other reasons. Such loans shall be made to aid the orderly liquidation of any such bank in accordance with such plan as may be approved by the Farm Loan Commissioner. Before<sidenote>Approval necessary.</sidenote> any such plan is approved by the Commissioner he shall be satisfied that the plan carries out the purposes of this section and that such part of the proceeds of the loan as is devoted to settlements with bondholders will be used only to effect an equitable settlement with all bondholders. After the plan has been approved by the Commissioner<sidenote>Notice to bondholders, etc.</sidenote> he shall require the bank to mail a copy thereof to all its known bondholders and to publish a notice setting forth its provisions in at least three newspapers having general circulation.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">loans by the farm loan commissioner to joint-stock land banks for emergency purposes</heading> <num value="31"><inline class="smallCaps">Sec</inline>. 31. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Out of the funds made available to him under section<sidenote>Farm Loan Commissioner.Loans by, to joint-stock land banks, for certain emergencies.</sidenote> 30, the Farm Loan Commissioner is authorized to make loans, in an aggregate amount not exceeding $25,000,000, at a rate of interest not to exceed 4 per centum per annum, to any joint-stock land bank for the purpose of securing the postponement for two years from the date of the enactment of this Act of the foreclosure of first mortgages held by such banks on account of (1) default in the payment<sidenote>On account of default in interest or principal.Delinquent taxes, etc.</sidenote> of interest and principal due under the terms of the mortgage, and (2) unpaid delinquent taxes, excluding interest and penalties, which may be secured by the lien of said mortgage: <proviso>Provided, That during<sidenote>Provisos.Interest rate during period.</sidenote> the period of postponement of foreclosure such bank shall charge the mortgagor interest at a rate not exceeding 4 per centum per annum on the aggregate amount of such delinquent taxes and defaulted interest and principal with respect to which loans are made pursuant to this section. The amount loaned to any joint-stock<sidenote>Reappraisal unnecessary.</sidenote> land bank under this section shall be made without reappraisal:</proviso> <proviso>Provided, That the amount loaned with respect to any mortgage on<sidenote>Maximum loan on account of unpaid principal.</sidenote> account of unpaid principal shall not exceed 5 per centum of the total unpaid principal of such mortgage, and the total amount loaned to any such land bank with respect to any mortgage shall not exceed 25 per centum of the total unpaid principal of such mortgage.</proviso></content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>No such loan shall be made with respect to any mortgage<sidenote>Conditions for making loan.Default of mortgagor.</sidenote> unless the Farm Loan Commissioner is satisfied that the mortgagor, after exercising ordinary diligence to pay his accrued delinquent taxes, and meet accrued interest and principal payments, has defaulted thereon; and unless the bank shall have agreed to the satisfaction of the Farm Loan Commissioner that during such two-year<sidenote>Bank will not foreclose.</sidenote> period the bank will not foreclose such mortgage unless the property<sidenote>Exceptions.</sidenote> covered thereby is abandoned by the mortgagor or unless in the opinion of the Farm Loan Commissioner such foreclosure is necessary for other reasons.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Each such loan shall be secured by an assignment to the Farm<sidenote>Loan to be secured by assignment of tax lien, mortgage, etc.</sidenote> Loan Commissioner of the lien of the taxes and/or of the bank’s mortgage with respect to which the loan is made: <proviso>Provided, That<sidenote>Proviso.Status of assigned lien.</sidenote> the part of each such lien so assigned representing the interest and principal due and unpaid in any such mortgage which has been assigned to the farm loan registrar shall be subordinate to the existing lien of the bank for the balance of the indebtedness then or thereafter to become due under the terms of such mortgage; but the Farm Loan Commissioner may require the bank to furnish additional<sidenote>Additional collateral may be required.</sidenote> collateral as security for such loan, if such collateral is available to the bank.</proviso></content> </subsection> <page identifier="/us/stat/48/48">48</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) <sidenote>Rules, etc., authorized.</sidenote></num> <content>The Farm Loan Commissioner is authorized to make such rules and regulations as may be necessary to carry out the purposes of this section and to make the relief contemplated immediately available.</content> </subsection> </section> </part> <part> <num value="3"><inline class="smallCaps">Part 3—</inline></num> <heading><inline class="smallCaps">Loans to Farmers by Farm Loan Commissioner</inline></heading><sidenote>Loans to farmers by Farm Loan Commissioner.</sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">reduction of debts and redemption of foreclosed farms</heading> <num value="32"><inline class="smallCaps">Sec</inline>. 32. </num><sidenote>Sums available for direct loans.</sidenote> <content class="inline">The Reconstruction Finance Corporation is authorized <sidenote>Post, pp. 345, 346, 347, 1060.</sidenote>and directed to allocate and make available to the Farm Loan Commissioner the sum of $200,000,000, or so much thereof as may be necessary, to be used for the purpose of making loans as hereinafter <sidenote>Security.</sidenote>provided to any farmer, secured by a first or second mortgage upon the whole or any part of the farm property, real or personal, <sidenote>Maximum amount, including existing indebtedness.</sidenote>including crops, of the farmer. The amount of the mortgage given by any farmer, together with all prior mortgages or other evidences of indebtedness secured by such farm property of the farmer, shall <sidenote><ref href="/us/usc/p304">U.S.C., p. 304</ref>.</sidenote>not exceed 75 per centum of the normal value thereof, as determined upon an appraisal made pursuant to the Federal Farm Loan Act, as <sidenote>Post, p. 347.</sidenote>amended; nor shall a loan in excess of $5,000, be made to any one <sidenote>Amortization plan of repayment.</sidenote>farmer. Every mortgage made under this section shall contain an agreement providing for the repayment of the loan on an amortization plan by means of a fixed number of annual or semiannual installments, sufficient to cover (1) interest on unpaid principal at a rate not to exceed 5 per centum per annum and (2) such payments equal in amount to be applied on principal as will extinguish the debt within an agreed period of not more than ten years or, in the case of a first or second mortgage secured wholly by real property and made for the purpose of reducing and refinancing an existing mortgage within an agreed period no greater than that for which loans may be made under the Federal Farm Loan Act, as amended, <sidenote>Proviso.Payments on principal may be suspended first 3 years, if not in default.</sidenote>from the date the first payment on principal is due: <proviso>Provided, That during the first three years the loan is in effect payments of interest only may be required if the borrower shall not be in default with respect to any other condition or covenant of his mortgage. No <sidenote>Agreement with holder of prior mortgage.</sidenote>loan shall be made under this section unless the holder of any prior mortgage or instrument of indebtedness secured by such farm property arranges to the satisfaction of the Farm Loan Commissioner to limit his right to proceed against the farmer and such farm <sidenote>Purposes set forth.</sidenote>property for default in payment of principal. Loans under this <sidenote>Refinancing indebtedness.</sidenote>section shall be made for the following purposes only: (1) Refinancing, either in connection with proceedings under chapter VIII <sidenote>Vol. 47, p. 1467.</sidenote>of the Bankruptcy Act of July 1, 1898, as amended (relating to agricultural compositions and extensions), or otherwise, any <sidenote>Providing working capital.Redemption or repurchase of farm property.Post, p. 929.</sidenote>indebtedness, secured or unsecured, of the farmer, (2) providing working capital for his farm operations, and (3) enabling any farmer to redeem and/or repurchase farm property owned by him prior to foreclosure which has been foreclosed at any time between July 1, 1931, and the date of the enactment of this Act, or which is <sidenote>Charges to borrowers.Vol. 39, p. 372.</sidenote>foreclosed after the enactment of this Act. The provisions of paragraph “Ninth” of section 13 of the Federal Farm Loan Act, as amended (relating to charges to applicants for loans and borrowers from the Federal land banks), shall, so far as practicable, apply to <sidenote>“Farmer” defined.</sidenote>loans made under this section. As used in this section, the term “farmer” means any individual who is bona fide engaged in farming operations, either personally or through an agent or tenant, or the principal part of whose income is derived from farming operations, and includes a personal representative of a deceased farmer.</proviso></content> </section> <page identifier="/us/stat/48/49">49</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">regulations</heading><sidenote>Regulations.</sidenote> <num value="33"><inline class="smallCaps">Sec</inline>. 33. </num> <content>The Farm Loan. Commissioner is authorized to make<sidenote>Authority of Farm Loan Commissioner to make; to fix compensation rates, etc.</sidenote> such rules and regulations, and to appoint, employ, and fix the compensation of such officers, employees, attorneys, and agents as may be necessary to carry out the purposes of this title and to make the relief contemplated by this title immediately available, without regard to the provisions of other laws applicable to the employment and compensation of officers and employees of the United States: <proviso>Provided, That no salary or compensation in excess of $10,000 shall<sidenote>Proviso.Salary restriction.</sidenote> be paid to any person employed under the terms of the foregoing section.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">facilities of federal land banks and national farm loan associations made available</heading> <num value="34"><inline class="smallCaps">Sec</inline>. 34. </num> <content>The Federal land banks and the national farm loan<sidenote>Facilities made available.</sidenote> associations are authorized, upon request of the Farm Loan Commissioner, to make available to him their services and facilities to aid in administering the provisions of this title.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">penalties</heading> <num value="35"><inline class="smallCaps">Sec</inline>. 35. </num> <content>Any person who shall knowingly make any material false<sidenote>Penalties.</sidenote> representation for the purpose of obtaining any loan under part 3 of this title, or in assisting in obtaining any such loan, shall, upon conviction thereof, be fined not more than $1,000, or imprisoned not more than six months, or both.</content> </section> </part> <part> <num value="4"><inline class="smallCaps">Part 4—</inline></num> <heading><inline class="smallCaps">Refinancing of Agricultural Improvement District</inline></heading> <subheading class="centered"><inline class="smallCaps">Indebtedness for the Benefit of Farmers</inline></subheading><sidenote>Refinancing of agricultural improvement district indebtedness.</sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">loans by reconstruction finance corporation</heading><sidenote>Loans by Reconstruction Finance Corporation.</sidenote> <num value="36"><inline class="smallCaps">Sec</inline>. 36. </num> <content>The Reconstruction Finance Corporation is authorized<sidenote>Amount authorized, to reduce and refinance indebtedness of drainage, etc., districts.Post, pp. 308, 1110, 1269.</sidenote> and empowered to make loans as hereinafter provided, in an aggregate amount not exceeding $50,000,000; to drainage districts, levee districts, levee and drainage districts, irrigation districts, and similar districts, duly organized under the laws of any State, and to political subdivisions of States, which prior to the date of enactment of this Act,<sidenote>State subdivision agricultural projects.</sidenote> have completed projects devoted chiefly to the improvement of lands for agricultural purposes. Such loans shall be made for the purpose of enabling any such district or political subdivision (hereafter referred to as the “borrower”) to reduce and refinance its outstanding indebtedness<sidenote>Terms and conditions.</sidenote> incurred in connection with any such project, and shall be subject to the same terms and conditions as loans made under section<sidenote>Vol. 47, pp. 6, 714.<ref href="/us/usc/p267">U.S.C., Supp. VII, p. 267</ref>.Exception.Term limitation.Security.</sidenote> 5 of the Reconstruction Finance Corporation Act, as amended; except that (1) the term of any such loan shall not exceed forty years; (2) each such loan shall be secured by refunding bonds issued to the Corporation by the borrower which are a lien on the real property within the project or on the amount of the assessments levied on such property by the borrower pursuant to State law, or by such other collateral as may be acceptable to the Corporation; (3) the<sidenote>Bonds not to issue without Corporation’s consent.</sidenote> borrower shall agree not to issue during the term of the loan any bonds so secured except with the consent of the Corporation; (4) the borrower shall pay to the Corporation, until all bonds of the<sidenote>Payment of excess over operation, interest, etc., until outstanding bonds are retired.Post, p. 1110.</sidenote> borrower held by the Corporation are retired, an amount equal to the amount by which the assessments against the real property within the project collected by the borrower exceed the costs of operation <page identifier="/us/stat/48/50">50</page>and maintenance of the project and interest on its outstanding obligations;<sidenote>Corresponding reduction of indebtedness to borrower.Post, p. 1269.</sidenote> and (5) the borrower shall agree, to the satisfaction of the Corporation, to reduce the outstanding indebtedness to the borrower of the landowners within such project by an amount corresponding to that by which the indebtedness of the borrower is reduced by <sidenote>Pro rata basis.</sidenote>reason of the operation of this section, to distribute the amount of such reduction among such landowners on a pro rata basis, to cancel <sidenote>Cancellation to equal reduction so distributed.Corporation to participate.</sidenote>and retire its outstanding bonds in an aggregate amount equal to the amount of the reduction so distributed, and to permit the Corporation, in the case of the payment of the bonds of the borrower or the liquidation of such project, to participate in such payment or in the proceeds of such liquidation on the basis of the face amount of the bonds so retired plus the face amount of the bonds held by <sidenote>Requirements to be met before loan made.</sidenote>the Corporation as security for the loan. No loan shall be made under this section until the Reconstruction Finance Corporation (A) has caused an appraisal to be made of the property securing and/or underlying the outstanding bonds of the applicant, (B) has determined that the project of the applicant is economically sound, and <sidenote>Post, p. 1269.</sidenote>(C) has been satisfied that an agreement has been entered into between the applicant and the holders of its outstanding bonds under which the applicant will be able to purchase or refund such bonds at a price determined by the Corporation to be reasonable after taking into consideration the average market price of such bonds over the six months’ period ending March 1, 1933, and under which a substantial reduction will be brought about in the amount of the outstanding indebtedness of the applicant.</content> </section> <section class="firstIndent1 fontsize10"> <num value="37"><inline class="smallCaps">Sec</inline>. 37. </num><sidenote>Advances to reclamation fund authorized.Vol. 47, p. 5; Vol. 32, p. 388.</sidenote> <content class="inline">The Reconstruction Finance Corporation, upon request of the Secretary of the Interior, is authorized and empowered to advance from funds made available by section 2 of the Act of <sidenote>Maximum amount.</sidenote>January 22, 1932 (47 Stat. L. 5), to the reclamation fund created by the Act of June 17, 1902 (32 Stat. L. 388), such sum or sums <sidenote>Repayment.</sidenote>as the Secretary of the Interior may deem necessary, not exceeding $5,000,000, for the completion of projects or divisions of projects now under construction, or projects approved and authorized. Funds so advanced shall be repaid out of any receipts and accretions accruing<sidenote>Manner of expenditure.Interest rate.</sidenote> to the reclamation fund within such time as may be fixed by the Reconstruction Finance Corporation, not exceeding five years from the date of advance, with interest at the rate of 4 per centum per annum. Sums so advanced may be expended in the same way as other moneys in the reclamation fund.</content> </section> </part> <part> <num value="5"><inline class="smallCaps">Part 5—</inline></num> <heading><inline class="smallCaps">Increase of Lending Power of Reconstruction Finance Corporation</inline></heading><sidenote>Increase of lending power of Corporation.</sidenote> <section class="firstIndent1 fontsize10"> <num value="38"><inline class="smallCaps">Sec</inline>. 38. </num><sidenote>Vol. 47, p. 9.Post, p. 319.</sidenote> <content class="inline">In order to provide funds to carry out the purposes of this title, the amount of notes, debentures, bonds, or other such obligations which the Reconstruction Finance Corporation is authorized and empowered under section 9 of the Reconstruction Finance Corporation Act, as amended, to have outstanding at any one time, is hereby increased by $300,000,000.</content> </section> </part> <part> <num value="6"><inline class="smallCaps">Part 6—</inline></num> <heading><inline class="smallCaps">Functions of Farm Loan Commissioner Under Executive Orders</inline></heading><sidenote>Farm Loan Commissioner.</sidenote> <section class="firstIndent1 fontsize10"> <num value="39"><inline class="smallCaps">Sec</inline>. 39. </num><sidenote>Functions of, under Executive orders.</sidenote> <content class="inline">If and when any executive order heretofore transmitted to the Congress pursuant to title IV of part II of the Legislative <sidenote>Vol. 47, p. 413</sidenote>Appropriation Act of 1933, as amended, shall become effective, all functions, powers, authority, and duties conferred upon or vested in the Farm Loan Commissioner by this title shall be held and exer-<page identifier="/us/stat/48/51">51</page>cised by him subject to all the terms and conditions in any such Executive order the same as if such functions, powers, authority, and duties were specifically named in such Executive order or orders.</content> </section> </part> <part> <num value="7"><inline class="smallCaps">Part 7—</inline></num> <heading><inline class="smallCaps">Miscellaneous</inline></heading><sidenote>Miscellaneous.</sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">perfecting organization farm credit administration</heading><sidenote>Farm Credit Administration.</sidenote> <num value="40"><inline class="smallCaps">Sec</inline>. 40. </num> <content>The Governor of the Farm Credit Administration is<sidenote>Authority of Governor of, to perfect organization, etc.</sidenote> authorized, in carrying out the powers and duties now or hereafter vested in him or the Farm Credit Administration by law or under any Executive order made under title IV of part II of the Legislative<sidenote>Vol. 47, p. 413.</sidenote> Appropriation Act of 1933, as amended, to establish, and to fix the powers and duties of, such divisions, agencies, corporations, and instrumentalities as he may deem necessary to the efficient functioning of the Farm Credit Administration and the successful execution of the powers and duties so vested in the Governor and the Farm Credit Administration. This section shall not be construed to restrict the<sidenote>No restriction on authority of President.</sidenote> authority of the President under title IV of such Act, as amended: <proviso>Provided, That no salary or compensation shall be paid to any officer,<sidenote>Proviso.Salary limitation.</sidenote> agent, or other person employed under this section in excess of $10,000 per annum.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">loans to fruit growers</heading><sidenote>Loans to fruit growers.</sidenote> <num value="41"><inline class="smallCaps">Sec</inline>. 41. </num> <content>That in making loans to owners of groves and orchards,<sidenote>Appraising security at fair value.</sidenote> including citrus-fruit groves and other fruit groves and orchards, the Federal land banks, the farm land banks, and all Government agencies making loans upon such character of property may, in appraising the property offered as security, give a reasonable and fair valuation to the fruit trees located and growing upon said property and constituting a substantial part of its value.</content> </section> </part> <part> <num value="8"><inline class="smallCaps">Part 8—</inline></num> <heading><inline class="smallCaps">Short Title</inline></heading> <section class="firstIndent1 fontsize10"> <num value="42"><inline class="smallCaps">Sec</inline>. 42. </num> <content>This title may be cited as the “<shortTitle role="act">Emergency Farm<sidenote>Short title.</sidenote> Mortgage Act of 1933.</shortTitle>”</content> </section> </part> <num class="centered" value="III"><inline class="smallCaps">Title III—</inline></num> <heading class="inline"><inline class="smallCaps">Financing—and Exercising Power Conferred by Section 8 of Article I of the Constitution: To Coin Money and to Regulate the Value Thereof</inline></heading><sidenote>Financing: Coining money, etc.</sidenote> <section class="firstIndent1 fontsize10"> <num value="43"><inline class="smallCaps">Sec</inline>. 43. </num> <chapeau class="inline">Whenever the President finds, upon investigation, that<sidenote>Discretionary authority of the President.Post, p. 343.When U.S. commerce adversely affected by foreign currency depreciation.Fixing parity of currency issues.Economic emergency requires credit expansion.Stabilization by international agreement.</sidenote> (1) the foreign commerce of the United States is adversely affected by reason of the depreciation in the value of the currency of any other government or governments in relation to the present standard value of gold, or (2) action under this section is necessary in order to regulate and maintain the parity of currency issues of the United States, or (3) an economic emergency requires an expansion of credit, or (4) an expansion of credit is necessary to secure by international agreement a stabilization at proper levels of the currencies of various governments, the President is authorized, in his discretion—</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>To direct the Secretary of the Treasury to enter into agreements<sidenote>Conduct, through Federal Reserve Board, open market operations in U.S. obligations, etc.Post, p. 168.</sidenote> with the several Federal Reserve banks and with the Federal Reserve Board whereby the Federal Reserve Board will, and it is hereby authorized to, notwithstanding any provisions of law or rules and regulations to the contrary, permit such reserve banks to agree that they will, (1) conduct, pursuant to existing law, throughout specified periods, open market operations in obligations of the United States Government or corporations in which the <page identifier="/us/stat/48/52">52</page><sidenote>Purchase directly and hold Treasury bills, etc., additional to present holdings.</sidenote>United States is the majority stockholder, and (2) purchase directly and hold in portfolio for an agreed period or periods of time Treasury bills or other obligations of the United States Government in an aggregate sum of $3,000,000,000 in addition to those they may then hold, unless prior to the termination of such period or periods <sidenote>Suspension of reserve requirements not to impose graduated tax on any deficiency in reserves.Vol. 38, p. 262.<ref href="/us/usc/p276">U.S.C., p. 276</ref>.</sidenote>the Secretary shall consent to their sale. No suspension of reserve requirements of the Federal Reserve banks, under the terms of section 11(c) of the Federal Reserve Act, necessitated by reason of operations under this section, shall require the imposition of the graduated tax upon any deficiency in reserves as provided in said <sidenote>Interest or discount rates.</sidenote>section 11(c). Nor shall it require any automatic increase in the rates of interest or discount charged by any Federal Reserve bank, as otherwise specified in that section. The Federal Reserve Board, <sidenote>Measures to prevent undue credit expansion.</sidenote>with the approval of the Secretary of the Treasury, may require the Federal Reserve banks to take such action as may be necessary, in the judgment of the Board and of the Secretary of the Treasury, to prevent undue credit expansion.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>If unable to secure assent of Federal Reserve banks to authorized agreements, etc.</sidenote></num> <chapeau class="inline">If the Secretary, when directed by the President, is unable to secure the assent of the several Federal Reserve banks and the Federal Reserve Board to the agreements authorized in this section, or if operations under the above provisions prove to be inadequate to meet the purposes of this section, or if for any other reason <sidenote>Authority of President.</sidenote>additional measures are required in the judgment of the President to meet such purposes, then the President is authorized—</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) <sidenote>United States notes may be issued.</sidenote></num> <content>To direct the Secretary of the Treasury to cause to be issued in such amount or amounts as he may from time to time order, <sidenote>Vol. 12, p. 345.</sidenote>United States notes, as provided in the Act entitled “An Act to authorize the issue of United States notes and for the redemption of funding thereof and for funding the floating debt of the United States”, approved February 25, 1862, and Acts supplementary <sidenote>Size, color, denominations, etc.</sidenote>thereto and amendatory thereof, in the same size and of similar color to the Federal Reserve notes heretofore issued and in denominations of $1, $5, $10, $20, $50, $100, $500, $1,000, and $10,000; but notes <sidenote>Purposes of issue defined.</sidenote>issued under this subsection shall be issued only for the purpose of meeting maturing Federal obligations to repay sums borrowed by the United States and for purchasing United States bonds and <sidenote>Proviso.Retirement of bonds so purchased.</sidenote>other interest-bearing obligations of the United States: Provided, That when any such notes are used for such purpose the bond or other obligation so acquired or taken up shall be retired and canceled.<sidenote>Issues, amounts, etc.</sidenote> Such notes shall be issued at such times and in such amounts as the President may approve but the aggregate amount of such <sidenote>Appropriation for annual cancellation.</sidenote>notes outstanding at any time shall not exceed $3,000,000,000. There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, an amount sufficient to enable the Secretary of the Treasury to retire and cancel 4 per centum annually of such outstanding notes, and the Secretary of the Treasury is hereby directed to retire and cancel annually 4 per centum of such outstanding<sidenote>Notes, etc., to be legal tender.Post, p. 113.</sidenote> notes. Such notes and all other coins and currencies heretofore or hereafter coined or issued by or under the authority of the United States shall be legal tender for all debts public And private.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) <sidenote>President, by proclamation, may fix weight of gold dollar.Silver dollar.Post, p. 344.</sidenote></num> <content>By proclamation to fix the weight of the gold dollar in grains nine tenths fine and also to fix the weight of the silver dollar in grains nine tenths fine at a definite fixed ratio in relation to the gold dollar at such amounts as he finds necessary from his investigation to stabilize domestic prices or to protect the foreign commerce <sidenote>Unlimited coinage of gold and silver dollar at fixed ratio.</sidenote>against the adverse effect of depreciated foreign currencies, and to provide for the unlimited coinage of such gold and silver at the ratio so fixed, or in case the Government of the United States <page identifier="/us/stat/48/53">53</page>enters into an agreement with any government or governments<sidenote>Weight of gold dollar fixed by international agreement.</sidenote> under the terms of which the ratio between the value of gold and other currency issued by the United States and by any such government or governments is established, the President may fix the weight of the gold dollar in accordance with the ratio so agreed upon, and<sidenote>To be standard unit of value.</sidenote> such gold dollar, the weight of which is so fixed, shall be the standard unit of value, and all forms of money issued or coined by the United States shall be maintained at a parity with this standard and it<sidenote>Parity maintenance.Minimum weight of gold dollar.Post, p. 342.</sidenote> shall be the duty of the Secretary of the Treasury to maintain such parity, but in no event shall the weight of the gold dollar be fixed so as to reduce its present weight by more than 50 per centum.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="44"><inline class="smallCaps">Sec</inline>. 44. </num> <content>The Secretary of the Treasury, with the approval of the<sidenote>Rules, etc., to be promulgated.Ante, p. 51.</sidenote> President, is hereby authorized to make and promulgate rules and regulations covering any action taken or to be taken by the President under subsection (a) or (b) of section 43.</content> </section> <section class="firstIndent1 fontsize10"> <num value="45"><inline class="smallCaps">Sec</inline>. 45. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The President is authorized, for a period of six<sidenote>Acceptance of silver for ensuing six months, indebtedness of foreign governments.</sidenote> months from the date of the passage of this Act, to accept silver in payment of the whole or any part of the principal or interest now due, or to become due within six months after such date, from any foreign government or governments on account of any indebtedness to the United States, such silver to be accepted at not to exceed the price of 50 cents an ounce in United States currency. The aggregate<sidenote>Limitation on aggregate amount.</sidenote> value of the silver accepted under this section shall not exceed $200,000,000.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The silver bullion accepted and received under the provisions<sidenote>Silver bullion to be subject to law requirements.</sidenote> of this section shall be subject to the requirements of existing law and the regulations of the mint service governing the methods of determining the amount of pure silver contained, and the amount of the charges or deductions, if any, to be made; but such silver bullion shall not be counted as part of the silver bullion authorized or required to be purchased and coined under the provisions of existing law.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The silver accepted and received under the provisions of this<sidenote>Deposit in Treasury for uses designated.</sidenote> section shall be deposited in the Treasury of the United States, to be held, used, and disposed of as in this section provided.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The Secretary of the Treasury shall cause silver certificates<sidenote>Silver certificates, issue of.Post, p. 342.</sidenote> to be issued in such denominations as he deems advisable to the total number of dollars for which such silver was accepted in payment of debts. Such silver certificates shall be used by the Treasurer of the United States in payment of any obligations of the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The silver so accepted and received under this section shall<sidenote>Coinage.</sidenote> be coined into standard silver dollars and subsidiary coins sufficient, in the opinion of the Secretary of the Treasury, to meet any demands<sidenote>Redemption.</sidenote> for redemption of such silver certificates issued under the provisions of this section, and such coins shall be retained in the Treasury for the payment of such certificates on demand. The silver so accepted<sidenote>Purpose of aiding in maintaining parity of certificates.</sidenote> and received under this section, except so much thereof as is coined under the provisions of this section, shall be held in the Treasury for the sole purpose of aiding in maintaining the parity of such certificates as provided in existing law. Any such certificates or reissued<sidenote>Certificates redeemable in silver dollars, etc.</sidenote> certificates, when presented at the Treasury, shall be redeemed in standard silver dollars, or in subsidiary silver coin, at the option of the holder of the certificates: <proviso>Provided, That, in the redemption<sidenote>Proviso.Subsidiary coins.</sidenote> of such silver certificates issued under this section, not to exceed one third of the coin required for such redemption may in the judgment of the Secretary of the Treasury be made in subsidiary coins, the balance to be made in standard silver dollars.</proviso></content> </subsection> <page identifier="/us/stat/48/54">54</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) <sidenote>Silver certificates may reissue.</sidenote></num> <content>When any silver certificates issued under the provisions of this section are redeemed or received into the Treasury from any source whatsoever, and belong to the United States, they shall not be retired, canceled, or destroyed, but shall be reissued and paid out <sidenote>Cancellation, etc., of mutilated certificates.</sidenote>again and kept in circulation; but nothing herein shall prevent the cancelation and destruction of mutilated certificates and the issue of other certificates of like denomination in their stead, as provided by law.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) <sidenote>Rules to be prescribed.</sidenote></num> <content>The Secretary of the Treasury is authorized to make rules and regulations for carrying out the provisions of this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="46"><inline class="smallCaps">Sec</inline>. 46. </num><sidenote>Federal Reserve Act, amendment.Vol. 38, p. 271.<ref href="/us/usc/p287">U.S.C., p. 287</ref>.</sidenote> <content class="inline"> Section 19 of the Federal Reserve Act, as amended, is amended by inserting immediately after paragraph (c) thereof the following new paragraph: <quotedContent> <sidenote>Emergency due to credit expansion.Federal Reserve Board may so declare, and modify reserve balances, etc.</sidenote>“Notwithstanding the foregoing provisions of this section, the Federal Reserve Board, upon the affirmative vote of not less than five of its members and with the approval of the President, may declare that an emergency exists by reason of credit expansion, and may by regulation during such emergency increase or decrease from time to time, in its discretion, the reserve balances required to be maintained against either demand or time deposits.” </quotedContent> </content> </section> Approved, May 12, 1933.

To extend the time for completing the construction of a bridge across the Missouri River at or near Kansas City, Kansas. Chapter 26 48 Stat. 54 1933-05-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 26.]

AN ACT To extend the time for completing the construction of a bridge across the Missouri River at or near Kansas City, Kansas.

May 12, 1933.

[H.R. 48.]

[Public, No. 11.]

Be it enacted by the Senate and House of Representatives. of the United States of America in Congress assembled,

Missouri River.

Time extended for bridging, at Kansas City, Kans.

Vol. 45, pp. 704, 1530; Vol. 46, p. 835, amended.

That the time for completing the construction of a bridge across the Missouri River at or near Kansas City, Kansas, authorized to be built by the Interstate Bridge Company, its successors and assigns, by an Act of Congress approved May 22, 1928, heretofore extended by Acts of Congress approved March 2, 1929, and June 30, 1930, is hereby further extended two years from May 22, 1933.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, May 12, 1933.

To extend the times for commencing and completing the construction of a bridge across the Pee Dee River and a bridge across the Waccamaw River, both at or near Georgetown, South Carolina. Chapter 27 48 Stat. 54 1933-05-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 27.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Pee Dee River and a bridge across the Waccamaw River, both at or near Georgetown, South Carolina.

May 12, 1933.

[H.R. 1596.]

[Public, No. 12.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Pee Dee and Waccamaw Rivers.

Time extended for bridging, at Georgetown, S.C.

Vol. 46, p. 479, amended.

That the times for commencing and completing the construction of a bridge across the Pee Dee River and a bridge across the Waccamaw River, both at or near Georgetown, South Carolina, authorized to be built by the county of Georgetown, South Carolina, by an Act of Congress approved May 29, 1930, are hereby extended one and three years, respectively, from May 29, 1933.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, May 12, 1933.

To extend the time for commencing and completing the construction of a bridge across the Waccamaw River near Conway, South Carolina. Chapter 28 48 Stat. 55 1933-05-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 55 [CHAPTER 28.]

AN ACT To extend the time for commencing and completing the construction of a bridge across the Waccamaw River near Conway, South Carolina.

May 12, 1933.

[H.R. 4127.]

[Public, No. 13.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the times for

Waccamaw River.

Time extended for bridging, at Conway, S.C.

Vol. 47, p. 42, amended.

commencing and completing the construction of a bridge authorized by Act of Congress approved February 10, 1932, to be built by the State Highway Commission of South Carolina across the Waccamaw River near Conway are hereby extended one and three years, respectively, from the date of approval hereof.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, May 12, 1933.

Granting the consent of Congress to the Board of County Commissioners of Mahoning County, Ohio, to construct a free overhead viaduct across the Mahoning River, at Struthers, Mahoning County, Ohio. Chapter 29 48 Stat. 55 1933-05-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 29.]

AN ACT Granting the consent of Congress to the Board of County Commissioners of Mahoning County, Ohio, to construct a free overhead viaduct across the Mahoning River, at Struthers, Mahoning County, Ohio.

May 12, 1933.

[H.R. 4491.]

[Public, No. 14.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the times for

Mahoning River.

Time extended for bridging, at Struthers, Ohio.

Vol. 47, p. 43, amended.

commencing and completing the construction of an overhead viaduct authorized by Act of Congress approved February 10, 1932, to be built by the Board of County Commissioners of Mahoning County, Ohio, across the Mahoning River, at Struthers, Mahoning County, Ohio, are hereby extended one and three years, respectively, from the date of approval hereof.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, May 12, 1933.

To provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by unemployment, and for other purposes. Chapter 30 48 Stat. 55 1933-05-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 30.]

AN ACT To provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by unemployment, and for other purposes.

May 12, 1933.

[H.R. 4606.]

[Public, No. 15.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Congress

Federal Emergency Relief Act of 1933.

Post, pp. 351, 1055.

hereby declares that the present economic depression has created a serious emergency, due to widespread unemployment and increasing inadequacy of State and local relief funds, resulting in the existing or threatened deprivation of a considerable number of families and individuals of the necessities of life, and making it imperative that

Cooperation with States, etc., in relieving distress, etc.

the Federal Government cooperate more effectively with the several States and Territories and the District of Columbia in furnishing relief to their needy and distressed people.

Sec. 2. (a) The Reconstruction Finance Corporation is authorized

Reconstruction Finance Corporation.

Amount from funds of, made available.

To be additional to previous authorization.

and directed to make available out of the funds of the Corporation not to exceed $500,000,000, in addition to the funds authorized under title I of the Emergency Relief and Construction Act of 1932, for expenditure under the provisions of this Act upon certification by

Vol. 47, p. 709.

the Federal Emergency Relief Administrator provided for in section 3. 56 (b)

Increase of Corporation obligations, authorized.

Vol. 47, p. 9, amended.

The amount of notes, debentures, bonds, or other such obligations which the Reconstruction Finance Corporation is authorized and empowered under section 9 of the Reconstruction Finance Corporation Act, as amended, to have outstanding at any one time is

Proviso.

Issue discretionary.

increased by $500,000,000: Provided, That no such additional notes, debentures, bonds, or other such obligations authorized by this subsection shall be issued except at such times and in such amounts as the President shall approve. (c)

Approval of relief applications by Corporation to cease.

Vol. 47, p. 709.

After the expiration of ten days after the date upon which the Federal Emergency Relief Administrator has qualified and has taken office, no application shall be approved by the Reconstruction Finance Corporation under the provisions of title I of the Emergency

Administrator to have access to Corporation files.

Relief and Construction Act of 1932, and the Federal Emergency Relief Administrator shall have access to all files and records of the Reconstruction Finance Corporation relating to the administration of funds under title I of such Act. At the expiration of such ten-day period, the unexpended and unobligated balance of the funds authorized under title I of such Act shall be available for the purposes of this Act.

Sec. 3.

Federal Emergency Relief Administration created.

(a) There is hereby created a Federal Emergency Relief Administration, all the powers of which shall be exercised by a Federal

Administrator; powers, salary, etc.

Emergency Relief Administrator (referred to in this Act as the “Administrator”) to be appointed by the President, by and with the

Travel and subsistence.

advice and consent of the Senate. The Administrator shall receive a salary to be fixed by the President at not to exceed $10,000, and necessary traveling and subsistence expenses within the limitations prescribed by law for civilian employees in the executive branch of the Government. The Federal Emergency Relief Administration and

Duration of office.

the office of Federal Emergency Relief Administrator shall cease to exist upon the expiration of two years after the date of enactment

Unexpended balance.

of this Act, and the unexpended balance on such date of any funds made available under the provisions of this Act shall be disposed of as the Congress may by law provide. (b)

Experts and other employees.

The Administrator may appoint and fix the compensation of such experts and their appointment may be made and compensation

Civil service and Classification Acts not to apply.

U.S.C., p. 65; Supp. VI, p. 31.

fixed without regard to the civil service laws, or the Classification Act of 1923, as amended, and the Administrator may, in the same manner, appoint and fix the compensation of such other officers and employees as are necessary to carry out the provisions of this Act,

Salary restriction.

but such compensation shall not exceed in any case the sum of $8,000; and may make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere and

Expenses.

for printing and binding), not to exceed $350,000, as are necessary to carry out the provisions of this Act, to be paid by the Reconstruction Finance Corporation out of funds made available by this Act upon presentation of vouchers approved by the Administrator or by an officer of the Administration designated by him for that purpose.

Control of State administrations.

The Administrator may, under rules and regulations prescribed by the President, assume control of the administration in any State or States where, in his judgment, more effective and efficient cooperation between the State and Federal authorities may thereby be secured in carrying out the purposes of this Act. (c)

Investigations, etc.

In executing any of the provisions of this Act, the Administrator, and any person duly authorized or designated by him, may conduct any investigation pertinent or material to the furtherance of the purposes of this Act and, at the request of the President, shall make such further investigations and studies as the President may deem necessary in dealing with problems of unemployment relief. 57 (d) The Administrator shall print monthly, and shall submit to

Monthly reports to be submitted.

the President and to the Senate and the House of Representatives (or to the Secretary of the Senate and the Clerk of the House of Representatives, if those bodies are not in session), a report of his

Printing, as public documents.

activities and expenditures under this Act. Such reports shall, when submitted, be printed as public documents.

Sec. 4. (a) Out of the funds of the Reconstruction Finance Corporation

Administrator may make grants, to aid relief work of States.

made available by this Act, the Administrator is authorized to make grants to the several States to aid in meeting the costs of furnishing relief and work relief and in relieving the hardship and suffering caused by unemployment in the form of money, service, materials, and/or commodities to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. (b) Of the amounts made available by this Act not to exceed

Amount available. Proportion of grant to expenditure by State.

$250,000,000 shall be granted to the several States applying therefor, in the following manner: Each State shall be entitled to receive grants equal to one third of the amount expended by such State, including the civil subdivisions thereof, out of public moneys from all sources for the purposes set forth in subsection (a) of this section; and such grants shall be made quarterly, beginning with the

To be made quarterly.

second quarter in the calendar year 1933, and shall be made during any quarter upon the basis of such expenditures certified by the States to have been made during the preceding quarter. (c) The balance of the amounts made available by this Act, except

Fund for discretionary use when combined amounts inadequate.

the amount required for administrative expenditures under section 3, shall be used for grants to be made whenever, from an application presented by a State, the Administrator finds that the combined moneys which can be made available within the State from all sources, supplemented by any moneys, available under subsection (b) of this section, will fall below the estimated needs within the State for the purposes specified in subsection (a) of this section: Provided, That the Administrator may certify out of the funds

Proviso.

Relief of persons having no legal settlement in a State, etc.

made available by this subsection additional grants to States applying therefor to aid needy persons who have no legal settlement in any one State or community, and to aid in assisting cooperative and self-help associations for the barter of goods and services. (d) After October 1, 1933, notwithstanding the provisions of

Use of balances from State grants.

subsection (b), the unexpended balance of the amounts available for the purposes of subsection (b) may, in the discretion of the Administrator and with the approval of the President, be available for grants under subsection (c). (e) The decision of the Administrator as to the purpose of any

Decision of Administrator final.

expenditure shall be final. (f) The amount available to any one State under subsections (b)

Limitation.

and (c) of this section shall not exceed 15 per centum of the total amount made available by such subsections.

Sec. 5. Any State desiring to obtain funds under this Act shall

Governor of State to make application for funds.

through its Governor make application therefor from time to time to the Administrator. Each application so made shall present in the manner requested by the Administrator information showing (1)

Necessity to be shown.

the amounts necessary to meet relief needs in the State during the period covered by such application and the amounts available from public or private sources within the State, its political subdivisions, and private agencies, to meet the relief needs of the State, (2) the

Administrative provision.

Standards of relief, use, etc.

provision made to assure adequate administrative supervision, (3) the provision made for suitable standards of relief, and (4) the purposes for which the funds requested will be used.

Sec. 6.

Disbursements.

The Administrator upon approving a grant to any State shall so certify to the Reconstruction Finance Corporation which shall, except upon revocation of a certificate by the Administrator, make payments without delay to the State in such amounts and

Monthly report required.

at such times as may be prescribed in the certificate. The Governor of each State receiving grants under this Act shall file monthly with the Administrator, and in the form required by him, a report of the disbursements made under such grants.

Sec. 7.

Terms defined.

As used in the foregoing provisions of this Act, the term “State” shall include the District of Columbia, Alaska, Hawaii, the Virgin Islands, and Puerto Rico; and the term “Governor” shall include the Commissioners of the District of Columbia.

Sec. 8.

Title.

This Act may be cited as the “Federal Emergency Relief Act of 1933.”

Approved, May 12, 1933.

To amend section 1025 of the Revised Statutes of the United States. Chapter 31 48 Stat. 58 1933-05-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 31.]

AN ACT To amend section 1025 of the Revised Statutes of the United States.

May 18, 1933.

[S. 1582.]

[Public, No. 16.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Grand juries.

R.S., sec. 1025, p. 190, amended.

U.S.C., p. 505.

That section 1025 of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows:

“Sec. 1025.

Indictments, immaterial defects of form.

No indictment found and presented by a grand jury in any district or other court of the United States shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form

Presence of clerical assistants of district attorney, etc.

only, which shall not tend to the prejudice of the defendant, or by reason of the attendance before the grand jury during the taking of testimony of one or more clerks or stenographers employed in a clerical capacity to assist the district attorney or other counsel for the Government who shall, in that connection, be deemed to be persons acting for and on behalf of the United States in an official capacity and function.”

Approved, May 18, 1933.

To improve the navigability and to provide for the flood control of the Tennessee River; to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley; to provide for the national defense by the creation of a corporation for the operation of Government properties at and near Muscle Shoals in the State of Alabama, and for other purposes. Chapter 32 48 Stat. 58 1933-05-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 32.]

AN ACT To improve the navigability and to provide for the flood control of the Tennessee River; to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley; to provide for the national defense by the creation of a corporation for the operation of Government properties at and near Muscle Shoals in the State of Alabama, and for other purposes.

May 18, 1933.

[H.R. 5081.]

[Public, No. 17.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Tennessee Valley Authority Act of 1933.

Purposes declared.

Post, pp. 275, 1055.

That for the purpose of maintaining and operating the properties now owned by the United States in the vicinity of Muscle Shoals, Alabama, in the interest of the national defense and for agricultural and industrial development, and to improve navigation in the Tennessee River and to control the destructive flood waters in the Tennessee River and

“Tennessee Valley Authority” body corporate created.

Incorporators, etc.

Mississippi River Basins, there is hereby created a body corporate by the name of the “Tennessee Valley Authority” (hereinafter referred to as the “Corporation”). The board of directors first appointed shall be deemed the incorporators, and the incorporation shall be held to have been effected from the date of the first meeting 59of the board. This Act may be cited as the “Tennessee Valley

Citation of Act.

Authority Act of 1933.”

Sec. 2. (a) The board of directors of the Corporation (hereinafter

Board of directors.

Composition, chairman, etc.

referred to as the “board”) shall be composed of three members, to be appointed by the President, by and with the advice and consent of the Senate. In appointing the members of the board, the President shall designate the chairman. All other officials, agents, and employees shall be designated and selected by the board. (b) The terms of office of the members first taking office after

Terms of office.

the approval of this Act shall expire as designated by the President at the time of nomination, one at the end of the third year, one at the end of the sixth year, and one at the end of the ninth year, after the date of approval of this Act. A successor to a member

Successors.

of the board shall be appointed in the same manner as the original members and shall have a term of office expiring nine years from the date of the expiration of the term for which his predecessor was appointed. (c) Any member appointed to fill a vacancy in the board occurring

Filling vacancies.

prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (d) Vacancies in the board so long as there shall be two members

Vacancies not to impair powers, if quorum manifest.

in office shall not impair the powers of the board to execute the functions of the Corporation, and two of the members in office shall constitute a quorum for the transaction of the business of the board. (e) Each of the members of the board shall be a citizen of the

Citizenship, salary, residence, etc.

United States, and shall receive a salary at the rate of $10,000 a year, to be paid by the Corporation as current expenses. Each member of the board, in addition to his salary, shall be permitted to occupy as his residence one of the dwelling houses owned by the Government in the vicinity of Muscle Shoals, Alabama, the same to be designated by the President of the United States. Members of

Reimbursement for actual expenses.

the board shall be reimbursed by the Corporation for actual expenses (including traveling and subsistence expenses) incurred by them in the performance of the duties vested in the board by this Act. No member of said board shall, during his continuance in office,

Not to engage in any other business.

be engaged in any other business, but each member shall devote himself to the work of the Corporation. (f) No director shall have financial interest in any public-utility

Director to have no financial interest in certain public utility corporations.

corporation engaged in the business of distributing and selling power to the public nor in any corporation engaged in the manufacture, selling, or distribution of fixed nitrogen or fertilizer, or any ingredients thereof, nor shall any member have any interest in any business that may be adversely affected by the success of the Corporation as a producer of concentrated fertilizers or as a producer of electric power. (g) The board shall direct the exercise of all the powers of

Board to exercise all Corporation powers.

the Corporation. (h) All members of the board shall be persons who profess a

Confidence, etc., in project.

belief in the feasibility and wisdom of this Act.

Sec. 3.

The board shall without regard to the provisions of Civil

Appointment of managers, officers, etc., without regard to civil service laws.

Service laws applicable to officers and employees of the United States, appoint such managers, assistant managers, officers, employees, attorneys, and agents, as are necessary for the transaction of its business, fix their compensation, define their duties, require bonds of such of them as the board may designate, and provide

To provide organization system.

a system of organization to fix responsibility and promote efficiency. Any appointee of the board may be removed in the discretion

Removals, salary restrictions, etc.

of the board. No regular officer or employee of the Corporation 60shall receive a salary in excess of that received by the members of the board.

Construction contracts to stipulate payments at prevailing rate of wages.

All contracts to which the Corporation is a party and which require the employment of laborers and mechanics in the construction, alteration, maintenance, or repair of buildings, dams, locks, or other projects shall contain a provision that not less than the prevailing rate of wages for work of a similar nature prevailing in the vicinity shall be paid to such laborers or mechanics.

Wage disputes to be referred to the Secretary of Labor; decision final.

In the event any dispute arises as to what are the prevailing rates of wages, the question shall be referred to the Secretary of Labor for determination, and his decision shall be final. In the determination of such prevailing rate or rates, due regard shall be given

Due regard for collective agreements.

to those rates which have been secured through collective agreement by representatives of employers and employees.

Work done directly by Corporation.

Where such work as is described in the two preceding paragraphs is done directly by the Corporation the prevailing rate of wages shall be paid in the same manner as though such work had been let by contract.

Injuries to Government employees.

Benefits of act respecting, extended.

Vol. 39, p. 742.

U.S.C., p. 76.

Insofar as applicable, the benefits of the Act entitled “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes,” approved September 7, 1916, as amended, shall extend to persons given employment under the provisions of this Act.

Sec. 4.

Corporate powers.

Except as otherwise specifically provided in this Act, the Corporation— (a) Shall have succession in its corporate name. (b) May sue and be sued in its corporate name. (c) May adopt and use a corporate seal, which shall be judicially noticed. (d) May make contracts, as herein authorized. (e) May adopt, amend, and repeal bylaws. (f)

May purchase or lease and hold such real and personal property as it deems necessary or convenient in the transaction of its business, and may dispose of any such personal property held by it.

Treasurer and assistants to be selected; surety bonds.

The board shall select a treasurer and as many assistant treasurers as it deems proper, which treasurer and assistant treasurers shall give such bonds for the safe-keeping of the securities and

Proviso.

Removal of board members.

moneys of the said Corporation as the board may require: Provided, That any member of said board may be removed from office at any time by a concurrent resolution of the Senate and the House of Representatives.

(g) Shall have such powers as may be necessary or appropriate for the exercise of the powers herein specifically conferred upon the Corporation. (h)

Right of eminent domain.

Shall have power in the name of the United States of America to exercise the right of eminent domain, and in the purchase of any real estate or the acquisition of real estate by condemnation

Holding as agent of United States.

proceedings, the title to such real estate shall be taken in the name of the United States of America, and thereupon all such real estate shall be entrusted to the Corporation as the agent of the United States to accomplish the purposes of this Act. (i)

Sites for dams, power houses, etc.

Shall have power to acquire real estate for the construction of dams, reservoirs, transmission lines, power houses, and other structures, and navigation projects at any point along the Tennessee River, or any of its tributaries, and in the event that the owner or

Condemnation proceedings.

owners of such property shall fail and refuse to sell to the Corporation at a price deemed fair and reasonable by the board, then the Corporation may proceed to exercise the right of eminent domain, 61and to condemn all property that it deems necessary for carrying out the purposes of this Act, and all such condemnation proceedings shall be had pursuant to the provisions and requirements hereinafter specified, with reference to any and all condemnation proceedings. (j) Shall have power to construct dams, reservoirs, power houses,

Power to construct and unite power installations.

power structures, transmission lines, navigation projects, and incidental works in the Tennessee River and its tributaries, and to unite the various power installations into one or more systems by transmission lines.

Sec. 5. The board is hereby authorized—

Board authority.

(a) To contract with commercial producers for the production of

To contract with commercial producers for producing fertilizer, etc.

such fertilizers or fertilizer materials as may be needed in the Government’s program of development and introduction in excess of that produced by Government plants. Such contracts may provide either for outright purchase of materials by the board or only for the payment of carrying charges on special materials manufactured at the board’s request for its program. (b) To arrange with farmers and farm organizations for large-scale

To arrange for practical use of new forms of fertilizers.

practical use of the new forms of fertilizers under conditions permitting an accurate measure of the economic return they produce. (c) To cooperate with National, State, district, or county experimental

Cooperative demonstrations.

stations or demonstration farms, for the use of new forms of fertilizer or fertilizer practices during the initial or experimental period of their introduction. (d) The board in order to improve and cheapen the production of

To make and sell fixed nitrogen, fertilizer, etc., at Muscle Shoals.

fertilizer is authorized to manufacture and sell fixed nitrogen, fertilizer, and fertilizer ingredients at Muscle Shoals by the employment of existing facilities, by modernizing existing plants, or by any other process or processes that in its judgment shall appear wise and profitable for the fixation of atmospheric nitrogen or the cheapening of the production of fertilizer. (e) Under the authority of this Act the board may make donations

Equitable distribution through agricultural agencies.

or sales of the product of the plant or plants operated by it to be fairly and equitably distributed through the agency of county demonstration agents, agricultural colleges, or otherwise as the board may direct, for experimentation, education, and introduction of the use of such products in cooperation with practical farmers so as to obtain information as to the value, effect, and best methods of their use. (f) The board is authorized to make alterations, modifications, or

Plant improvements, etc.

improvements in existing plants and facilities, and to construct new plants. (g) In the event it is not used for the fixation of nitrogen for agricultural

Nitrate plant no. 2.

Explosives production at, if not used for nitrogen fixation.

purposes or leased, then the board shall maintain in stand-by condition nitrate plant numbered 2, or its equivalent, for the fixation of atmospheric nitrogen, for the production of explosives in the event of war or a national emergency, until the Congress shall by joint resolution release the board from this obligation, and if any part thereof be used by the board for the manufacture of phosphoric acid

Phosphoric acid or potash manufacture.

or potash, the balance of nitrate plant numbered 2 shall be kept in stand-by condition. (h) To establish, maintain, and operate laboratories and experimental

Laboratories, etc., to be established, etc.

plants, and to undertake experiments for the purpose of enabling the Corporation to furnish nitrogen products for military

Experiments for military purposes.

purposes, and nitrogen and other fertilizer products for agricultural purposes in the most economical manner and at the highest standard of efficiency. (i) To request the assistance and advice of any officer, agent, or

Aid of other Government services.

employee of any executive department or of any independent office of the United States, to enable the Corporation the better to carry 62out its powers successfully, and as far as practicable shall utilize the services of such officers, agents, and employees, and the President shall, if in his opinion, the public interest, service, or economy so require, direct that such assistance, advice, and service be rendered to the Corporation, and any individual that may be by the President directed to render such assistance, advice, and service shall be thereafter subject to the orders, rules, and regulations of the board:

Provisos.

Use of any invention or discovery.

Provided, That any invention or discovery made by virtue of and incidental to such service by an employee of the Government of the United States serving under this section, or by any employee of the Corporation, together with any patents which may be granted thereon, shall be the sole and exclusive property of the Corporation, which is hereby authorized to grant such licenses thereunder as shall

Pay to inventor, etc.

be authorized by the board: Provided further, That the board may pay to such inventor such sum from the income from sale of licenses as it may deem proper. (j)

Sale of explosives to Government; cost.

Upon the requisition of the Secretary of War or the Secretary of the Navy to manufacture for and sell at cost to the United States explosives or their nitrogenous content. (k)

Allotment of power for operating locks, etc.

Upon the requisition of the Secretary of War the Corporation shall allot and deliver without charge to the War Department so much power as shall be necessary in the judgment of said Department for use in operation of all locks, lifts, or other facilities in aid of navigation. (l)

Produce, sell, etc., power.

To produce, distribute, and sell electric power, as herein particularly specified. (m)

Foreign sales of products.

No products of the Corporation shall be sold for use outside of the United States, its Territories and possessions, except to the United States Government for the use of its Army and Navy, or to its allies in case of war. (n)

President may lease nitrate plant no. 2 and Waco Quarry.

The President is authorized, within twelve months after the passage of this Act, to lease to any responsible farm organization or to any corporation organized by it nitrate plant numbered 2 and Waco Quarry, together with the railroad connecting said quarry

Term not to exceed 50 years.

with nitrate plant numbered 2, for a term not exceeding fifty years at a rental of not less than $1 per year, but such authority shall

Condition.

be subject to the express condition that the lessee shall use said property during the term of said lease exclusively for the manufacture of fertilizer and fertilizer ingredients to be used only in the manufacture of fertilizer by said lessee and sold for use as fertilizer.

Lessee to keep property in first-class condition; may modernize, etc.

The said lessee shall covenant to keep said property in first-class condition, but the lessee shall be authorized to modernize said plant numbered 2 by the installation of such machinery as may be necessary, and is authorized to amortize the cost of said machinery and improvements over the term of said lease or any part thereof. Said

Power for operating plant.

lease shall also provide that the board shall sell to the lessee power for the operation of said plant at the same schedule of prices that it charges all other customers for power of the same class and quantity.

Discretionary purchase of, from Alabama Power Company, etc.

Said lease shall also provide that, if the said lessee does not desire to buy power of the publicly owned plant, it shall have the right to purchase its power for the operation of said plant of the Alabama Power Company or any other publicly or privately owned corporation engaged in the generation and sale of electric power, and in

Provision for transmission lines.

such case the lease shall provide further that the said lessee shall have a free right of way to build a transmission line over Government property to said plant paying the actual expenses and damages,

No illegal monopoly, etc., guaranty.

if any, incurred by the Corporation on account of such line. Said lease shall also provide that the said lessee shall covenant that during the term of said lease the said lessee shall not enter into any 63illegal monopoly, combination, or trust with any privately owned corporation engaged in the manufacture, production, and sale of fertilizer with the object or effect of increasing the price of fertilizer to the farmer.

Sec. 6. In the appointment of officials and the selection of

No political test in appointments, promotions.

employees for said Corporation, and in the promotion of any such employees or officials, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. Any member of said board who is found by the President of the United States to be guilty of a violation of this section shall be

Penalty for violation.

removed from office by the President of the United States, and any appointee of said board who is found by the board to be guilty of a violation of this section shall be removed from office by said board.

Sec. 7. In order to enable the Corporation to exercise the powers

Powers and duties vested in Corporation.

and duties vested in it by this Act— (a) The exclusive use, possession, and control of the United

Designated property, etc., intrusted.

States nitrate plants numbered 1 and 2, including steam plants, located, respectively, at Sheffield, Alabama, and Muscle Shoals, Alabama, together with all real estate and buildings connected therewith, all tools and machinery, equipment, accessories, and materials belonging thereto, and all laboratories and plants used as auxiliaries thereto; the fixed-nitrogen research laboratory, the Waco limestone quarry, in Alabama, and Dam Numbered 2, located at Muscle Shoals, its power house, and all hydroelectric and operating appurtenances (except the locks), and all machinery, lands, and buildings in connection therewith, and all appurtenances thereof, and all other property to be acquired by the Corporation in its own name or in the name of the United States of America, are hereby intrusted to the Corporation for the purposes of this Act. (b) The President of the United States is authorized to provide

Transfer of other property.

for the transfer to the Corporation of the use, possession, and control of such other real or personal property of the United States as he may from time to time deem necessary and proper for the purposes of the Corporation as herein stated.

Sec. 8. (a) The Corporation shall maintain its principal office

Principal office of Corporation.

in the immediate vicinity of Muscle Shoals, Alabama. The Corporation shall be held to be an inhabitant and resident of the northern judicial district of Alabama within the meaning of the laws of the United States relating to the venue of civil suits. (b) The Corporation shall at all times maintain complete and

Complete accounts to be maintained.

accurate books of accounts. (c) Each member of the board, before entering upon the duties

Oath of office.

of his office, shall subscribe to an oath (or affirmation) to support the Constitution of the United States and to faithfully and impartially perform the duties imposed upon him by this Act.

Sec. 9. (a) The board shall file with the President and with

Financial statement and report to be filed annually.

the Congress, in December of each year, a financial statement and a complete report as to the business of the Corporation covering the preceding governmental fiscal year. This report shall include

Items to be included.

an itemized statement of the cost of power at each power station, the total number of employees and the names, salaries, and duties of those receiving compensation at the rate of more than $1,500 a year. (b) The Comptroller General of the United States shall audit

Auditing transactions.

the transactions of the Corporation at such times as he shall determine, but not less frequently than once each governmental fiscal year, with personnel of his selection. In such connection he and

Full access to books, etc.

his representatives shall have free and open access to all papers, 64books, records, files, accounts, plants, warehouses, offices, and all other things, property and places belonging to or under the control of or used or employed by the Corporation, and shall be afforded full facilities for counting all cash and verifying transactions with

Report in quadruplicate.

and balances in depositaries. He shall make report of each such audit in quadruplicate, one copy for the President of the United States, one for the chairman of the board, one for public inspection at the principal office of the corporation, and the other to be retained

Advances to be made by Corporation.

by him for the uses of the Congress. The expenses for each such audit may be paid from moneys advanced therefor by the Corporation, or from any appropriation or appropriations for the General Accounting Office, and appropriations so used shall be reimbursed promptly by the Corporation as billed by the Comptroller General.

Audits to be charged to operation.

All such audit expenses shall be charged to operating expenses of

Transactions conflicting with law

the Corporation. The Comptroller General shall make special report to the President of the United States and to the Congress of any transaction or condition found by him to be in conflict with the powers or duties intrusted to the Corporation by law.

Sec. 10.

Sale of surplus power to States, etc.

The board is hereby empowered and authorized to sell the surplus power not used in its operations, and for operation of locks and other works generated by it, to States, counties, municipalities,

Contracts of sale.

corporations, partnerships, or individuals, according to the policies hereinafter set forth; and to carry out said authority, the board is authorized to enter into contracts for such sale for a term' not exceeding twenty years, and in the sale of such current by the

Preferences.

board it shall give preference to States, counties, municipalities, and cooperative organizations of citizens or farmers, not organized or doing business for profit, but primarily for the purpose of supplying

Provisos.

Cancellation clause, when power sold for resale at profit.

electricity to its own citizens or members: Provided, That all contracts made with private companies or individuals for the sale of power, which power is to be resold for a profit, shall contain a provision authorizing the board to cancel said contract upon five years’ notice in writing, if the board needs said power to supply the

Electricity on farms.

demands of States, counties, or municipalities. In order to promote and encourage the fullest possible use of electric light and power on

Extending transmission lines.

farms within reasonable distance of any of its transmission lines the board in its discretion shall have power to construct transmission lines to farms and small villages that are not otherwise supplied with electricity at reasonable rates, and to make such rules and regulations governing such sale and distribution of such electric

Experiments to promote use of power.

power as in its judgment may be just and equitable: Provided further, That the board is hereby authorized and directed to make studies, experiments, and determinations to promote the wider and better use of electric power for agricultural and domestic use, or for

Cooperation with States, etc.

small or local industries, and it may cooperate with State governments, or their subdivisions or agencies, with educational or research institutions, and with cooperatives or other organizations, in the application of electric power to the fuller and better balanced development of the resources of the region.

Sec. 11.

Policy of equitable distribution declared.

It is hereby declared to be the policy of the Government so far as practical to distribute and sell the surplus power generated at Muscle Shoals equitably among the States, counties, and municipalities

Primary benefits for domestic use, etc.

within transmission distance. This policy is further declared to be that the projects herein provided for shall be considered primarily as for the benefit of the people of the section as a whole and particularly the domestic and rural consumers to whom the power can economically be made available, and accordingly that

Industry, a secondary purpose.

sale to and use by industry shall be a secondary purpose, to be utilized principally to secure a sufficiently high load factor and revenue 65returns which will permit domestic and rural use at the lowest possible rates and in such manner as to encourage increased domestic and rural use of electricity. It is further hereby declared to be the

Utilizing properties to improve, etc., fertilizer production.

policy of the Government to utilize the Muscle Shoals properties so far as may be necessary to improve, increase, and cheapen the production of fertilizer and fertilizer ingredients by carrying out the provisions of this Act.

Sec. 12. In order to place the board upon a fair basis for making

Transmission lines construction, etc., authorized.

Funds available.

such contracts and for receiving bids for the sale of such power, it is hereby expressly authorized, either from appropriations made by Congress or from funds secured from the sale of such power, or from funds secured by the sale of bonds hereafter provided for, to construct, lease, purchase, or authorize the construction of transmission lines within transmission distance from the place where generated, and to interconnect with other systems. The board is also authorized to lease to any person, persons, or corporation the use of any transmission line owned by the Government and operated

Leases; restriction.

by the board, but no such lease shall be made that in any way interferes with the use of such transmission line by the board: Provided, That if any State, county, municipality, or other public or cooperative organization of citizens or farmers, not organized or doing business

Provisos.

Sale contracts to State, etc., lines when power for resale without profit.

for profit, but primarily for the purpose of supplying electricity to its own citizens or members, or any two or more of such municipalities or organizations, shall construct or agree to construct and maintain a properly designed and built transmission line to the Government reservation upon which is located a Government generating plant, or to a main transmission line owned by the Government or leased by the board and under the control of the board, the board is hereby authorized and directed to contract with such State, county, municipality, or other organization, or two or more of them, for the sale of electricity for a term not exceeding thirty years; and in any such case the board shall give to such State, county,

Term of grace.

municipality, or other organization ample time to fully comply with any local law now in existence or hereafter enacted providing for the necessary legal authority for such State, county, municipality, or other organization to contract with the board for such power: Provided further, That all contracts entered into between the Corporation

Contract provision for power distribution to consumers of same class.

and any municipality or other political subdivision or cooperative organization shall provide that the electric power shall be sold and distributed to the ultimate consumer without discrimination as between consumers of the same class, and such contract

Voidable if discriminatory, rebate, etc., given.

shall be voidable at the election of the board if a discriminatory rate, rebate, or other special concession is made or given to any consumer or user by the municipality or other political subdivision or cooperative organization: And provided further, That as to any

Resale agreement, surplus power.

surplus power not so sold as above provided to States, counties, municipalities, or other said organizations, before the board shall sell the same to any person or corporation engaged in the distribution and resale of electricity for profit, it shall require said person or corporation to agree that any resale of such electric power by

Consumer rate to be fixed by schedule.

said person or corporation shall be made to the ultimate consumer of such electric power at prices that shall not exceed a schedule fixed by the board from time to time as reasonable, just, and fair; and in case of any such sale, if an amount is charged the ultimate consumer

Voidable, if charge excessive.

which is in excess of the price so deemed to be just, reasonable, and fair by the board, the contract for such sale between the board and such distributor of electricity shall be voidable at the election of the board: And provided further, That the board is hereby

Mutual exchange with other systems of excess power, for water conservation, etc.

authorized to enter into contracts with other power systems for 66the mutual exchange of unused excess power upon suitable terms, for the conservation of stored water, and as an emergency or break-down relief.

Sec. 13.

Payments to Alabama and Tennessee.

Five per centum of the gross proceeds received by the board for the sale of power generated at Dam Numbered 2, or from any other hydropower plant hereafter constructed in the State of Alabama, shall be paid to the State of Alabama; and 5 per centum of the gross proceeds from the sale of power generated at Cove Creek Dam, hereinafter provided for, or any other dam located in the State

Additional power generated to be ascertained.

of Tennessee, shall be paid to the State of Tennessee. Upon the completion of said Cove Creek Dam the board shall ascertain how much additional power is thereby generated at Dam Numbered 2 and at any other dam hereafter constructed by the Government of the United States on the Tennessee River, in the State of Alabama, or

Percentage of proceeds to Alabama and Tennessee.

in the State of Tennessee, and from the gross proceeds of the sale of such additional power 2½ per centum shall be paid to the State of Alabama and 2½ per centum to the State of Tennessee. These

Other dams to be included.

percentages shall apply to any other dam that may hereafter be constructed and controlled and operated by the board on the Tennessee River or any of its tributaries, the main purpose of which is to control flood waters and where the development of electric power is incidental

Computing gross proceeds.

to the operation of such flood-control dam. In ascertaining the gross proceeds from the sale of such power upon which a percentage is paid to the States of Alabama and Tennessee, the board shall not take into consideration the proceeds of any power sold or delivered to the Government of the United States, or any department or agency of the Government of the United States, used in the operation of any locks on the Tennessee River or for any experimental purpose, or for the manufacture of fertilizer or any of the ingredients

Proviso.

Percentages subject to revision.

thereof, or for any other governmental purpose: Provided, That the percentages to be paid to the States of Alabama and Tennessee, as provided in this section, shall be subject to revision and change by the board, and any new percentages established by the board, when approved by the President, shall remain in effect until and unless again changed by the board with the approval of the

Limitations.

President. No change of said percentages shall be made more often than once in five years, and no change shall be made without giving to the States of Alabama and Tennessee an opportunity to be heard.

Sec. 14.

Dam Numbered 2, nitrate plants, etc.

The board shall make a thorough investigation as to the present value of Dam Numbered 2, and the steam plants at nitrate

Present value to be made for allocation, etc., purposes.

plant numbered 1, and nitrate plant numbered 2, and as to the cost of Cove Creek Dam, for the purpose of ascertaining how much of the value or the cost of said properties shall be allocated and charged up to (1) flood control, (2) navigation, (3) fertilizer, (4) national

Findings final; use, in keeping book values.

defense, and (5) the development of power. The findings thus made by the board, when approved by the President of the United States, shall be final, and such findings shall thereafter be used in all allocation of value for the purpose of keeping the book value of said

Future structures.

properties. In like manner, the cost and book value of any dams, steam plants, or other similar improvements hereafter constructed and turned over to said board for the purpose of control and management shall be ascertained and allocated.

Sec. 15.

Bond issue for construction expenses, authorized.

In the construction of any future dam, steam plant, or other facility, to be used in whole or in part for the generation or transmission of electric power the board is hereby authorized and empowered to issue on the credit of the United States and to sell serial bonds not exceeding $50,000,000 in amount, having a maturity not more than fifty years from the date of issue thereof, and bearing 67interest not exceeding 3½ per centum per annum. Said bonds shall

Bonds to have equal rank, sold at par, etc.

be issued and sold in amounts and prices approved by the Secretary of the Treasury, but all such bonds as may be so issued and sold shall have equal rank. None of said bonds shall be sold below par, and no fee, commission, or compensation whatever shall be paid to any

No commission, fee, etc.

person, firm, or corporation for handling, negotiating the sale, or selling the said bonds. All of such bonds so issued and sold shall have

Rights, etc., of bonds.

Vol. 32, p. 484; Vol. 34, p. 5.

U.S.C., p. 1024.

all the rights and privileges accorded by law to Panama Canal bonds, authorized by section 8 of the Act of June 28, 1902, chapter 1302, as amended by the Act of December 21, 1905 (ch. 3, sec. 1, 34 Stat. 5), as now compiled in section 743 of title 31 of the United States Code.

Proceeds of sale to be paid to Corporation.

All funds derived from the sale of such bonds shall be paid over to the Corporation.

Sec. 16. The board, whenever the President deems it advisable, is

Dam Numbered 2 and steam plant at nitrate plant numbered 2.

Authority to complete.

hereby empowered and directed to complete Dam Numbered 2 at Muscle Shoals, Alabama, and the steam plant at nitrate plant numbered 2, in the vicinity of Muscle Shoals, by installing in Dam Numbered 2 the additional power units according to the plans and specifications of said dam, and the additional power unit in the steam plant at nitrate plant numbered 2.

Sec. 17. The Secretary of War, or the Secretary of the Interior,

Clinch River.

Construction, Cove Creek Dam.

is hereby authorized to construct, either directly or by contract to the lowest responsible bidder, after due advertisement, a dam in and across Clinch River in the State of Tennessee, which has by long-custom become known and designated as the Cove Creek Dam, together with a transmission line from Muscle Shoals, according to

Transmission lines from Muscle Shoals.

Installations for developing maximum primary power.

the latest and most approved designs, including power house and hydroelectric installations and equipment for the generation of power, in order that the waters of the said Clinch River may be impounded and stored above said dam for the purpose of increasing and regulating the flow of the Clinch River and the Tennessee River below, so that the maximum amount of primary power may be developed at Dam Numbered 2 and at any and all other dams below the said Cove Creek Dam: Provided, however, That the President is

Provisos.

Employment of engineers.

hereby authorized by appropriate order to direct the employment by the Secretary of War, or by the Secretary of the Interior, of such engineer or engineers as lie may designate, to perform such duties and obligations as he may deem proper, either in the drawing of plans and specifications for said dam, or to perform any other work in the building or construction of the same. The President may, by such

Supervision of construction.

order, place the control of the construction of said dam in the hands of such engineer or engineers taken from private life as he may desire: And provided further, That the President is hereby expressly

Attorneys for investigating undue advantages given private persons, etc.

authorized, without regard to the restriction or limitation of any other statute, to select attorneys and assistants for the purpose of making any investigation he may deem proper to ascertain whether, in the control and management of Dam Numbered 2, or any other dam or property owned by the Government in the Tennessee River Basin, or in the authorization of any improvement therein, there has been any undue or unfair advantage given to private persons, partnerships, or corporations, by any officials or employees of the Government, or whether in any such matters the Government has been injured or unjustly deprived of any of its rights.

Sec. 18. In order to enable and empower the Secretary of War,

Cove Creek Dam.

Authority of Board, etc., to exercise right of eminent domain to obtain site for.

the Secretary of the Interior, or the board to carry out the authority hereby conferred, in the most economical and efficient manner, he or it is hereby authorized and empowered in the exercise of the powers of national defense in aid of navigation, and in the control 68

Condemnation proceedings.

of the flood waters of the Tennessee and Mississippi Rivers, constituting channels of interstate commerce, to exercise the right of eminent domain for all purposes of this Act, and to condemn all lands, easements, rights of way, and other area necessary in order to obtain a site for said Cove Creek Dam, and the flowage rights for the reservoir of water above said dam, and to negotiate and conclude

Contracts with States, etc., for relocation of property.

contracts with States, counties, municipalities, and all State agencies and with railroads, railroad corporations, common carriers, and all public utility commissions and any other person, firm, or corporation, for the relocation of railroad tracks, highways, highway bridges, mills, ferries, electric-light plants, and any and all other

Control of completed project.

properties, enterprises, and projects whose removal may be necessary in order to carry out the provisions of this Act. When said Cove Creek Dam, transmission line, and power house shall have been completed, the possession, use, and control thereof shall be intrusted to the Corporation for use and operation in connection with the general Tennessee Valley project, and to promote flood control and navigation in the Tennessee River.

Sec. 19.

Access to Patent Office for study of fixed nitrogen production formulae.

The Corporation, as an instrumentality and agency of the Government of the United States for the purpose of executing its constitutional powers, shall have access to the Patent Office of the United States for the purpose of studying, ascertaining, and copying all methods, formulae, and scientific information (not including access to pending applications for patents) necessary to enable the Corporation to use and employ the most efficacious and economical process for the production of fixed nitrogen, or any essential ingredient of fertilizer, or any method of improving and cheapening the production of hydroelectric power, and any owner of a

Remedy of patent owner for infringement.

patent whose patent rights may have been thus in any way copied, used, infringed, or employed by the exercise of this authority by the Corporation shall have as the exclusive remedy a cause of action against the Corporation to be instituted and prosecuted on the equity side of the appropriate district court of the United States, for the recovery of reasonable compensation for such infringement. The Commissioner of Patents shall furnish to the Corporation, at its request and without payment of fees, copies of documents on file

Proviso.

Limitation.

in his office: Provided, That the benefits of this section shall not apply to any art, machine, method of manufacture, or composition of matter, discovered or invented by such employee during the time of his employment or service with the Corporation or with the Government of the United States.

Sec. 20.

Emergency possession of property, etc., reserved.

The Government of the United States hereby reserves the right, in case of war or national emergency declared by Congress, to take possession of all or any part of the property described or referred to in this Act for the purpose of manufacturing explosives or for other war purposes; but, if this right is exercised by the

Damage payments.

Government, it shall pay the reasonable and fair damages that may be suffered by any party whose contract for the purchase of electric power or fixed nitrogen or fertilizer ingredients is hereby violated, after the amount of the damages has been fixed by the United States Court of Claims in proceedings instituted and conducted for that purpose under rules prescribed by the court.

Sec. 21.

Penal statutes relating to larceny, etc., applicable to property of Corporation.

(a) All general penal statutes relating to the larceny, embezzlement, conversion, or to the improper handling, retention, use, or disposal of public moneys or property of the United States, shall apply to the moneys and property of the Corporation and to moneys and properties of the United States intrusted to the Corporation. 69 (b) Any person who, with intent to defraud the Corporation,

False entries.

or to deceive any director, officer, or employee of the Corporation

False report or statement.

or any officer or employee of the United States (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be

Punishment for.

fined not more than $10,000 or imprisoned not more than five years, or both. (c) Any person who shall receive any compensation, rebate, or

Fraud, etc.

reward, or shall enter into any conspiracy, collusion, or agreement, express or implied, with intent to defraud the Corporation or wrongfully and unlawfully to defeat its purposes, shall, on conviction

Punishment for.

thereof, be fined not more than $5,000 or imprisoned not more than five years, or both.

Sec. 22. To aid further the proper use, conservation, and development

Tennessee River drainage basin development.

of the natural resources of the Tennessee River drainage basin and of such adjoining territory as may be related to or materially affected by the development consequent to this Act, and

Surveys authorized.

to provide for the general welfare of the citizens of said areas, the President is hereby authorized, by such means or methods as he may deem proper within the limits of appropriations made therefor by Congress, to make such surveys of and general plans for said Tennessee basin and adjoining territory as may be useful to the

Purpose.

Congress and to the several States in guiding and controlling the extent, sequence, and nature of development that may be equitably and economically advanced through the expenditure of public funds, or through the guidance or control of public authority, all for the general purpose of fostering an orderly and proper physical, economic, and social development of said areas; and the President

Cooperation with States affected.

is further authorized in making said surveys and plans to cooperate with the States affected thereby, or subdivisions or agencies of such States, or with cooperative or other organizations, and to make such studies, experiments, or demonstrations as may be necessary and suitable to that end.

Sec. 23. The President shall, from time to time, as the work provided

Recommendations to Congress for carrying out purposes.

for in the preceding section progresses, recommend to Congress such legislation as he deems proper to carry out the general purposes stated in said section, and for the especial purpose of bringing about in said Tennessee drainage basin and adjoining territory in conformity with said general purposes (1) the maximum amount

Flood control.

of flood control; (2) the maximum development of said Tennessee

Navigation.

River for navigation purposes; (3) the maximum generation of

Electric power.

electric power consistent with flood control and navigation; (4) the

Use of marginal lands.

proper use of marginal lands; (5) the proper method of reforestation

Reforestation.

of all lands in said drainage basin suitable for reforestation; and (6) the economic and social well-being of the people living in

Economic progress.

said river basin.

Sec. 24. For the purpose of securing any rights of flowage, or

Acquiring title to secure flowage rights.

obtaining title to or possession of any property, real or personal, that may be necessary or may become necessary, in the carrying out of any of the provisions of this Act, the President of the United States for a period of three years from the date of the enactment of this Act, is hereby authorized to acquire title in the name of the United States to such rights or such property, and to provide for

Payment provided.

the payment for same by directing the board to contract to deliver power generated at any of the plants now owned or hereafter owned or constructed by the Government or by said Corporation, such future delivery of power to continue for a period not exceeding thirty years. Likewise, for one year after the enactment 70

Sale, etc., of vacant real estate.

Conditions of sale.

of this Act, the President is further authorized to sell or lease any parcel or part of any vacant real estate now owned by the Government in said Tennessee River Basin, to persons, firms, or corporations who shall contract to erect thereon factories or manufacturing establishments, and who shall contract to purchase of said Corporation electric power for the operation of any such factory or manufacturing

Land for Government use excluded.

establishment. No contract shall be made by the President for the sale of any of such real estate as may be necessary for present or future use on the part of the Government for any of the purposes of this Act. Any such contract made by the President of

Provisos.

Preference right of States, etc., not abridged.

the United States shall be carried out by the board: Provided, That no such contract shall be made that will in any way abridge or take away the preference right to purchase power given in this Act to States, counties, municipalities, or farm organizations: Provided further,

Maximum term of lease.

That no lease shall be for a term to exceed fifty years: Provided further,

Sale conditional on use.

That any sale shall be on condition that said land shall be used for industrial purposes only.

Sec. 25.

Condemnation proceedings for acquisition of necessary lands, etc.

The Corporation may cause proceedings to be instituted for the acquisition by condemnation of any lands, easements, or rights of way which, in the opinion of the Corporation, are necessary

Jurisdiction of court.

to carry out the provisions of this Act. The proceedings shall be instituted in the United States district court for the district in which the land, easement, right of way, or other interest, or any part thereof, is located, and such court shall have full jurisdiction to divest the complete title to the property sought to be acquired out of all persons or claimants and vest the same in the United States in fee simple, and to enter a decree quieting the title thereto in the United States of America.

Commissioners to be appointed.

Upon the filing of a petition for condemnation and for the purpose of ascertaining the value of the property to be acquired, and assessing the compensation to be paid, the court shall appoint three

Qualifications.

commissioners who shall be disinterested persons and who shall take and subscribe an oath that they do not own any lands, or interest or easement in any lands, which it may be desirable for the United States to acquire in the furtherance of said project, and such commissioners shall not be selected from the locality wherein the land

Per diem, subsistence, etc.

sought to be condemned lies. Such commissioners shall receive a per diem of not to exceed $15 for their services, together with an additional amount of $5 per day for subsistence for time actually spent in performing their duties as commissioners.

Proceedings, in appraisement.

It shall be the duty of such commissioners to examine into the value of the lands sought to be condemned, to conduct hearings and receive evidence, and generally to take such appropriate steps as may be proper for the determination of the value of the said lands sought to be condemned, and for such purpose the commissioners are authorized to administer oaths and subpoena witnesses, which said witnesses shall receive the same fees as are provided for witnesses in the Federal

Report, making separate award of each parcel, to be filed.

courts. The said commissioners shall thereupon file a report setting forth their conclusions as to the value of the said property sought to be condemned, making a separate award and valuation in

Notice of, to parties to proceeding.

the premises with respect to each separate parcel involved. Upon the filing of such award in court the clerk of said court shall give notice of the filing of such award to the parties to said proceeding, in manner and form as directed by the judge of said court.

Exceptions to award.

Either or both parties may file exceptions to the award of said commissioners within twenty days from the date of the filing of said award in court. Exceptions filed to such award shall be heard before three Federal district judges unless the parties, in writing, 71in person, or by their attorneys, stipulate that the exceptions may be heard before a lesser number of judges. On such hearing such

Hearing.

judges shall pass de novo upon the proceedings had before the commissioners, may view the property, and may take additional evidence. Upon such hearings the said judges shall file their own

Separate award required.

award, fixing therein the value of the property sought to be condemned, regardless of the award previously made by the said commissioners.

At any time within thirty days from the filing of the decision

Appeals,

of the district judges upon the hearing on exceptions to the award made by the commissioners, either party may appeal from such decision of the said judges to the circuit court of appeals, and the said circuit court of appeals shall upon the hearing on said appeal dispose of the same upon the record, without regard to the awards or findings theretofore made by the commissioners or the district

Verdict.

judges, and such circuit court of appeals shall thereupon fix the value of the said property sought to be condemned.

Upon acceptance of an award by the owner of any property

Acceptance of payment, title to pass to United States.

herein provided to be appropriated, and the payment of the money awarded or upon the failure of either party to file exceptions to the award of the commissioners within the time specified, or upon the award of the commissioners, and the payment of the money by the United States pursuant thereto, or the payment of the money awarded into the registry of the court by the Corporation, the title to said property and the right to the possession thereof shall pass to the United States, and the United States shall be entitled to a writ in the

Writ of assistance may issue.

same proceeding to dispossess the former owner of said property, and all lessees, agents, and attorneys of such former owner, and to put the United States, by its corporate creature and agent, the Corporation, into possession of said property.

In the event of any property owned in whole or in part by minors,

Property of persons legally incompetent.

or insane persons, or incompetent persons, or estates of deceased persons, then the legal representatives of such minors, insane persons, incompetent persons, or estates shall have power, by and with the consent and approval of the trial judge in whose court said matter is for determination, to consent to or reject the awards of the commissioners herein provided for, and in the event that there be no legal representatives, or that the legal representatives for such minors, insane persons, or incompetent persons shall fail or decline to act, then such trial judge may, upon motion, appoint a guardian ad litem to act for such minors, insane persons, or incompetent persons, and such guardian ad litem shall act to the full extent and to the same purpose and effect as his ward could act, if competent, and such guardian ad litem shall be deemed to have full power and authority to respond, to conduct, or to maintain any proceeding herein provided for affecting his said ward.

Sec. 26. The net proceeds derived by the board from the sale of

Net proceeds from sale of power, etc., covered in.

power and any of the products manufactured by the Corporation, after deducting the cost of operation, maintenance, depreciation, amortization, and an amount deemed by the board as necessary to withhold as operating capital, or devoted by the board to new construction, shall be paid into the Treasury of the United States at the end of each calendar year.

Sec. 27. All appropriations necessary to carry out the provisions

Appropriations authorized.

Post, p. 275.

of this Act are hereby authorized.

Sec. 28. That all Acts or parts of Acts in conflict herewith are

Conflicting laws, etc., repealed.

hereby repealed, so far as they affect the operations contemplated by this Act.

Sec. 29.

Right to amend, etc., reserved.

Not to impair contracts.

The right to alter, amend, or repeal this Act is hereby expressly declared and reserved, but no such amendment or repeal shall operate to impair the obligation of any contract made by said Corporation under any power conferred by this Act.

Sec. 30.

Separability provisions.

The sections of this Act are hereby declared to be separable, and in the event any one or more sections of this Act be held to be unconstitutional, the same shall not affect the validity of other sections of this Act.

Approved, May 18, 1933.

Providing for the suspension of annual assessment work on mining claims held by location in the United States and Alaska. Chapter 33 48 Stat. 72 1933-05-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 33.]

AN ACT Providing for the suspension of annual assessment work on mining claims held by location in the United States and Alaska.

May 18, 1933.

[S. 7.]

[Public, No. 18.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Public lands.

Mining claims assessments suspended for fiscal year 1933.

R.S., sec. 2324, p. 426.

U.S.C., p. 955.

Alaska included.

and the same is hereby, suspended as to all mining claims in the United States, including Alaska, during the year beginning at 12 o’clock meridian July 1, 1932, and ending at 12 o’clock meridian July

Provisos.

Claimant paying income tax excluded.

Notice of retaining claim to be filed.

1, 1933: Provided, That the provisions of this Act shall not apply in the case of any claimant not entitled to exemption from the payment of a Federal income tax for the taxable year 1932: Provided further, That every claimant of any such mining claim, in order to obtain the benefits of this Act, shall file, or cause to be filed, in the office where the location notice or certificate is recorded, on or before 12 o’clock meridian, July 1, 1933, a notice of his desire to hold said

Income tax exemption to be stated.

mining claim under this Act, which notice shall state that the claimant, or claimants, were entitled to exemption from the payment of a Federal income tax for the taxable year 1932.

Approved, May 18, 1933.

To amend section 207 of the Bank Conservation Act with respect to bank reorganizations. Chapter 34 48 Stat. 72 1933-05-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 34.]

AN ACT To amend section 207 of the Bank Conservation Act with respect to bank reorganizations.

May 20, 1933.

[S. 1410.]

[Public, No. 19.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Bank Conservation Act amendment.

Ante, p. 3.

Substitution, in section 207, of term “bank” for “national banking association.”

That section 207 of the Bank Conservation Act is amended by striking out “national banking association” wherever it appears therein and inserting in lieu thereof the word “bank.”

Approved, May 20, 1933.

To amend sections 5200 and 5202 of the Revised Statutes, as amended, to remove the limitations on national banks in certain cases. Chapter 35 48 Stat. 72 1933-05-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 35.]

AN ACT To amend sections 5200 and 5202 of the Revised Statutes, as amended, to remove the limitations on national banks in certain cases.

May 20, 1933.

[S. 1415.]

[Public, No. 20.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National banks.

R.S., sec. 5200, p. 1005; U.S.C., p. 264.

Vol. 41, p. 297; Vol. 44, p. 1231.

That section 5200 of the Revised Statutes, as amended, is amended by adding at the end thereof the following new paragraph: 73 “(9) Obligations representing loans to any national banking

Removal of limitations on loans in certain cases.

association or to any banking institution organized under the laws of any State, or to any receiver, conservator, or superintendent of banks, or to any other agent, in charge of the business and property of any such association or banking institution, when such loans are approved by the Comptroller of the Currency, shall not be subject under this section to any limitation based upon such capital and surplus.”

Sec. 2. Section 5202 of the Revised Statutes, as amended, is

Limit upon indebtedness of national banks.

Vol. 41, p. 297.

R.S., sec. 5202, p. 1006; U.S.C., p. 264.

Additional exception.

Liabilities from loans approved by Comptroller.

amended by adding at the end thereof the following new paragraph: “Ninth. Liabilities incurred on account of loans made with the express approval of the Comptroller of the Currency under paragraph (9) of section 5200 of the Revised Statutes, as amended.”

Approved, May 20, 1933.

Designating May 22 as National Maritime Day. Chapter 36 48 Stat. 73 1933-05-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 36.]

JOINT RESOLUTION Designating May 22 as National Maritime Day.

May 20, 1933.

[S.J. Res. 50.]

[Pub. Res., No. 7.]

Whereas on May 22, 1819, the steamship The Savannah set sail from

National Maritime Day.

Preamble.

Savannah, Georgia, on the first successful transoceanic voyage under steam propulsion, thus making a material contribution to the advancement of ocean transportation: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That May 22 of each year

May 22 of each year to be known as.

shall hereafter be designated and known as National Maritime Day, and the President is authorized and requested annually to issue a

Annual proclamation to issue.

Post, pp. 1696, 1742.

Display of flag.

proclamation calling upon the people of the United States to observe such National Maritime Day by displaying the flag at their homes or other suitable places and Government officials to display the flag on all Government buildings on May 22 of each year.

Approved, May 20, 1933.

To confer the degree of bachelor of science upon graduates of the Naval, the Military, and the Coast Guard Academies. Chapter 37 48 Stat. 73 1933-05-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 37.]

AN ACT To confer the degree of bachelor of science upon graduates of the Naval, the Military, and the Coast Guard Academies.

May 25, 1933.

[S. 753.]

[Public, No. 21.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the superintendents

Naval, Military and Coast Guard Academies.

Degree conferred upon graduates of.

of the United States Naval Academy, the United States Military Academy, and the United States Coast Guard Academy may, under such rules and regulations as the Secretary of the Navy, the Secretary of War, and the Secretary of the Treasury may prescribe, confer the degree of bachelor of science upon all graduates of their respective academies, from and after the date of the accrediting of said academies by the Association of American Universities.

Approved, May 25, 1933.

To provide full and fair disclosure of the character of securities sold in interstate and foreign commerce and through the mails, and to prevent frauds in the sale thereof, and for other purposes. 1933-05-27 38 Chapter 48 Stat. 74 73 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 74 [CHAPTER 38.]

AN ACT To provide full and fair disclosure of the character of securities sold in interstate and foreign commerce and through the mails, and to prevent frauds in the sale thereof, and for other purposes.

May 27, 1933.

[H. R. 5480.]

[Public, No. 22.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Securities Act of 1933.

Post, p. 1026.

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As used in this paragraph the term “trust” shall include only a trust where the interest or interests of the beneficiary or beneficiaries are evidenced by a security.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) <sidenote>“Sale,” etc.</sidenote></num> <content>The term “sale”, “sell”, “offer to sell”, or “offer for sale” shall include every contract of sale or disposition of, attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest <sidenote>Preliminaries not included.</sidenote>in a security, for value; except that such terms shall not include preliminary negotiations or agreements between an issuer and any <sidenote>Security given with purchase considered part of subject.</sidenote>underwriter. Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing, shall be conclusively presumed to constitute a part of the subject of such <sidenote>Issue of security with right to convert.</sidenote>purchase and to have been sold for value. The issue or transfer of a right or privilege, when originally issued or transferred with a security, giving the holder of such security the right to convert such security into another security of the same issuer or of another person, or giving a right to subscribe to another security of the same issuer or of another person, which right cannot be exercised until some <sidenote>When conversion right exercised.</sidenote>future date, shall not be deemed to be a sale of such other security; but the issue or transfer of such other security upon the exercise of such right of conversion or subscription shall be deemed a sale of such other security.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) <sidenote>“Issuer.”</sidenote></num> <content>The term “issuer” means every person who issues or proposes to issue any security or who guarantees a security either as to principal or income; except that with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates, or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors (or persons performing similar functions) or of the fixed, restricted management, or unit type, the <page identifier="/us/stat/48/75">75</page>term “issuer” means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such<sidenote>Equipment-trust securities.</sidenote> securities are issued: and except that with respect to equipment-trust certificates or like securities, the term “issuer” means the person by whom the equipment or property is or is to be used.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The term “Commission” means the Federal Trade Commission.<sidenote>“Commission.”</sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The term “Territory” means Alaska, Hawaii, Puerto Rico,<sidenote>“Territory.”</sidenote> the Philippine Islands, Canal Zone, the Virgin Islands, and the insular possessions of the United States.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>The term “interstate commerce” means trade or commerce<sidenote>“Interstate commerce.”</sidenote> in securities or any transportation or communication relating thereto among the several States or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>The term “registration statement” means the statement provided<sidenote>“Registration statement.”Post, p. 78.</sidenote> for in section 6, and includes any amendment thereto and any report, document, or memorandum accompanying such statement or incorporated therein by reference.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>The term “write” or “written” shall include printed, lithographed,<sidenote>“Write” or “written.”</sidenote> or any means of graphic communication.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) </num> <content>The term “prospectus” means any prospectus, notice, circular,<sidenote>“Prospectus.”</sidenote> advertisement, letter, or communication, written or by radio, which offers any security for sale; except that (a) a communication<sidenote>Exceptions.</sidenote> shall not be deemed a prospectus if it is proved that prior to such communication a written prospectus meeting the requirements of<sidenote>Post, pp. 81, 905.</sidenote> section 10 was received, by the person to whom the communication was made, from the person making such communication or his principal, and (b) a notice, circular, advertisement, letter, or communication in respect of a security shall not be deemed to be a prospectus if it states from whom a written prospectus meeting the requirements of section 10 may be obtained and, in addition, does no more than identify the security, state the price thereof, and state by whom orders will be executed.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) </num> <content>The term “underwriter” means any person who has purchased<sidenote>“Underwriter.”</sidenote> from an issuer with a view to, or sells for an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; but such term shall not include a person<sidenote>Persons not included.</sidenote> whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributors’ or sellers’ commission. As used in this paragraph the term “issuer”<sidenote>“Issuer.”</sidenote> shall include, in addition to an issuer, any person directly or indirectly controlling or controlled by the issuer, or any person under direct or indirect common control with the issuer.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) </num> <content>The term “dealer” means any person who engages either for<sidenote>“Dealer.”</sidenote> all or part of his time, directly or indirectly, as agent, broker, or principal, in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">exempted securities</heading> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Except as hereinafter expressly provided, the provisions<sidenote>Exempted securities.</sidenote> of this title shall not apply to any of the following classes of securities:<page identifier="/us/stat/48/76">76</page> </chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) <sidenote>Prior sale.</sidenote></num> <content>Any security which, prior to or within sixty days after the enactment of this title, has been sold or disposed of by the issuer or <sidenote>New offering excluded.</sidenote>bona fide offered to the public, but this exemption shall not apply to any new offering of any such security by an issuer or underwriter subsequent to such sixty days;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) <sidenote>Securities guaranteed by United States, State, or political subdivision, etc.Post, p. 906.</sidenote></num> <content>Any security issued or guaranteed by the United States or any <sidenote>Government corporations.</sidenote>Territory thereof, or by the District of Columbia, or by any State of the United States, or by any political subdivision of a State or Territory, or by any public instrumentality of one or more States or Territories exercising an essential governmental function, or by any corporation created and controlled or supervised by and acting as an instrumentality of the Government of the United States pursuant to <sidenote>National, etc., banks.</sidenote>authority granted by the Congress of the United States, or by any national bank, or by any banking institution organized under the laws of any State or Territory, the business of which is substantially confined to banking and is supervised by the State or territorial banking <sidenote>Federal reserve bank obligations.</sidenote>commission or similar official; or any security issued by or representing an interest in or a direct obligation of a Federal reserve bank;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) <sidenote>Current transactions.</sidenote></num> <content>Any note, draft, bill of exchange, or banker’s acceptance which arises out of a current transaction or the proceeds of which <sidenote>Short-term paper.</sidenote>have been or are to be used for current transactions, and which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) <sidenote>Religious, etc., organizations.Post, p. 906.</sidenote></num> <content>Any security issued by a corporation organized and operated exclusively for religious, educational, benevolent, fraternal, charitable, or reformatory purposes and not for pecuniary profit, and no part of the net earnings of which inures to the benefit of any person, private stockholder, or individual;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) <sidenote>Building and loan associations, etc., where business substantially confined to members.</sidenote></num> <content>Any security issued by a building and loan association, homestead association, savings and loan association, or similar institution, substantially all the business of which is confined to the making of <sidenote>Exception.</sidenote>loans to members (but the foregoing exemption shall not apply with respect to any such security where the issuer takes from the total amount paid or deposited by the purchaser, by way of any fee, cash value or other device whatsoever, either upon termination of the investment at maturity or before maturity, an aggregate amount in <sidenote>Farmers’ cooperatives.Vol. 47, pp. 193, 194.</sidenote>excess of 3 per centum of the face value of such security), or any security issued by a farmers’ cooperative association as defined in paragraphs (12), (13), and (14) of section 103 of the Revenue Act of 1932;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) <sidenote>Common carriers.Vol. 41, p. 494.<ref href="/us/usc/p1670">U.S.C., p. 1670</ref>.</sidenote></num> <content>Any security issued by a common carrier which is subject to the provisions of section 20a of the Interstate Commerce Act, as amended;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) <sidenote>Certificates in bankruptcy proceedings.</sidenote></num> <content>Certificates issued by a receiver or by a trustee in bankruptcy, with the approval of the court;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) <sidenote>Annuity contracts, etc.Post, p. 906.</sidenote></num> <content>Any insurance or endowment policy or annuity contract or optional annuity contract, issued by a corporation subject to the supervision of the insurance commissioner, bank commissioner, or any agency or officer performing like functions, of any State or Territory of the United States or the District of Columbia.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>Additional classes permitted.</sidenote></num> <content>The Commission may from time to time by its rules and regulations, and subject to such terms and conditions as may be prescribed therein, add any class of securities to the securities exempted as provided in this section, if it finds that the enforcement of this title with respect to such securities is not necessary in the public interest and for the protection of investors by reason of the small amount <page identifier="/us/stat/48/77">77</page>involved or the limited character of the public offering; but no issue<sidenote>Restriction.</sidenote> of securities shall be exempted under this subsection where the aggregate amount at which such issue is offered to the public exceeds $100,000.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">exempted transactions</heading> <num value="4"><inline class="smallCaps">Sec</inline>. 4. </num> <chapeau class="inline">The provisions of section 5 shall not apply to any of the<sidenote>Exempted transactions.</sidenote> following transactions:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Transactions by any person other than an issuer, underwriter,<sidenote>By individuals.Post, p. 906.</sidenote> or dealer; transactions by an issuer not with or through an underwriter and not involving any public offering; or transactions by a dealer (including an underwriter no longer acting as an underwriter in respect of the security involved in such transaction), except transactions within one year after the last date upon which the security<sidenote>Post, p. 79.</sidenote> was bona fide offered to the public by the issuer or by or through an underwriter (excluding in the computation of such year any time during which a stop order issued under section 8 is in effect as to the security), and except transactions as to securities constituting the whole or a part of an unsold allotment to or subscription by such dealer as a participant in the distribution of such securities by the issuer or by or through an underwriter.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Brokers’ transactions, executed upon customers’ orders on any<sidenote>Brokers’ transactions.</sidenote> exchange or in the open or counter market, but not the solicitation of such orders.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The issuance of a security of a person exchanged by it with<sidenote>Issuance of securities to existing security holders, creditors, etc.</sidenote> its existing security holders exclusively, where no commission or other remuneration is paid or given directly or indirectly in connection with such exchange; or the issuance of securities to the existing security holders or other existing creditors of a corporation in the process of a bona fide reorganization of such corporation under the supervision of any court, either in exchange for the securities of such security holders or claims of such creditors or partly for cash and partly in exchange for the securities or claims of such security holders or creditors.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">prohibitions relating to interstate commerce and the mails</heading> <num value="5"><inline class="smallCaps">Sec</inline>. 5. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Unless a registration statement is in effect as to a<sidenote>Prohibitions relating to interstate commerce and the mails.Transmission of broker’s prospectus, etc.</sidenote> security, it shall be unlawful for any person, directly or indirectly—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to make use of any means or instruments of transportation or communication in interstate commerce or of the mails to sell or offer to buy such security through the use or medium of any prospectus or otherwise; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to carry or cause to be carried through the mails or in<sidenote>Transporting such security for sale or delivery after sale.</sidenote> interstate commerce, by any means or instruments of transportation, any such security for the purpose of sale or for delivery after sale.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">It shall be unlawful for any person, directly or indirectly—<sidenote>Unlawful to transmit.Prospectus relating to registered security.</sidenote> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to make use of any means or instruments of transportation or communication in interstate commerce or of the mails to carry or transmit any prospectus relating to any security registered under this title, unless such prospectus meets the requirements<sidenote>Post, p. 81.</sidenote> of section 10; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to carry or to cause to be carried through the mails or in<sidenote>Security.</sidenote> interstate commerce any such security for the purpose of sale or for delivery after sale, unless accompanied or preceded by a prospectus that meets the requirements of section 10.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The provisions of this section relating to the use of the mails<sidenote>Intrastate sales excluded.Post, p. 906.</sidenote> shall not apply to the sale of any security where the issue of which <page identifier="/us/stat/48/78">78</page>it is a part is sold only to persons resident within a single State or Territory, where the issuer of such securities is a person resident and doing business within, or, if a corporation, incorporated by and doing business within, such State or Territory.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">registration of securities and signing of registration statement</heading> <num value="6"><inline class="smallCaps">Sec</inline>. 6. </num><sidenote>Registration of securities and signing of registration statement.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Any security may be registered with the Commission under the terms and conditions hereinafter provided, by filing a registration statement in triplicate, at least one of which shall be signed by each issuer, its principal executive officer or officers, its principal financial officer, its comptroller or principal accounting officer, and the majority of its board of directors or persons performing similar functions (or, if there is no board of directors or persons performing similar functions, by the majority of the persons or board having the <sidenote>Foreign or Territorial person.</sidenote>power of management of the issuer), and in case the issuer is a foreign or Territorial person by its duly authorized representative in the United States; except that when such registration statement <sidenote>Security of foreign governments.</sidenote>relates to a security issued by a foreign government, or political subdivision thereof, it need be signed only by the underwriter of such <sidenote>Signatures.</sidenote>security. Signatures of all such persons when written on the said registration statements shall be presumed to have been so written by authority of the person whose signature is so affixed and the burden of proof, in the event such authority shall be denied, shall be upon <sidenote>Unauthorized signing.</sidenote>the party denying the same. The affixing of any signature without the authority of the purported signer shall constitute a violation of this title. A registration statement shall be deemed effective only as to the securities specified therein as proposed to be offered.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>Filing fee.</sidenote></num> <content>At the time of filing a registration statement the applicant shall pay to the Commission a fee of one one-hundredth of 1 per centum of the maximum aggregate price at which such securities are proposed to be offered, but in no case shall such fee be less than $25.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) <sidenote>Registration statement effective on filing, etc.</sidenote></num> <content>The filing with the Commission of a registration statement, or of an amendment to a registration statement, shall be deemed to have taken place upon the receipt thereof, but the filing of a registration statement shall not be deemed to have taken place unless it is accompanied by a United States postal money order or a certified bank check or cash for the amount of the fee required under subsection (b).</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) <sidenote>Availability of regisration information.</sidenote></num> <content>The information contained in or filed with any registration statement shall be made available to the public under such regulations as the Commission may prescribe, and copies thereof, photostatic or otherwise, shall be furnished to every applicant at such reasonable charge as the Commission may prescribe.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) <sidenote>Not operative first 40 days.</sidenote></num> <content>No registration statement may be filed within the first forty days following the enactment of this Act.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">information required in registration statement</heading> <num value="7"><inline class="smallCaps">Sec</inline>. 7. </num><sidenote>Information required: Schedules.</sidenote> <content class="inline">The registration statement, when relating to a security other than a security issued by a foreign government, or political <sidenote>Post, p. 88.</sidenote>subdivision thereof, shall contain the information, and be accompanied <sidenote>Foreign government securities.</sidenote>by the documents, specified in Schedule A, and when relating to a security issued by a foreign government, or political subdivision <sidenote>Post, p. 91.</sidenote>thereof, shall contain the information, and be accompanied by the <sidenote>Optional, in certain classes.</sidenote>documents, specified in Schedule B; except that the Commission may by rules or regulations provide that any such information or document need not be included in respect of any class of issuers or securities if it finds that the requirement of such information or document is inapplicable to such class and that disclosure fully adequate for the protection of investors is otherwise required to be <page identifier="/us/stat/48/79">79</page>included within the registration statement. If any accountant,<sidenote>Professional statements.</sidenote> engineer, or appraiser, or any person whose profession gives authority to a statement made by him, is named as having prepared or certified any part of the registration statement, or is named as having prepared or certified a report or valuation for use in connection with the registration statement, the written consent of such person shall be filed with the registration statement. If any such<sidenote>Written consent to use, required.</sidenote> person is named as having prepared or certified a report or valuation (other than a public official document or statement) which is used in connection with the registration statement, but is not named as having prepared or certified such report or valuation for use in connection with the registration statement, the written consent of such person shall be filed with the registration statement unless the Commission dispenses with such filing as impracticable or as involving undue hardship on the person filing the registration statement. Any such registration statement shall contain such other information,<sidenote>Additional information, etc.</sidenote> and be accompanied by such other documents, as the Commission may by rules or regulations require as being necessary or appropriate in the public interest or for the protection of investors.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">taking effect of registration statements and amendments thereto</heading><sidenote>Registration statements and amendments thereto.</sidenote> <num value="8"><inline class="smallCaps">Sec</inline>. 8. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The effective date of a registration statement shall be<sidenote>Effective date.</sidenote> the twentieth day after the filing thereof, except as hereinafter provided, and except that in case of securities of any foreign public<sidenote>Foreign securities.</sidenote> authority, which has continued the full service of its obligations in the United States, the proceeds of which are to be devoted to the refunding of obligations payable in the United States, the registration statement shall become effective seven days after the filing thereof. If any amendment to any such statement is filed prior to the effective date of such statement, the registration statement shall be deemed to have been filed when such amendment was filed; except that an amendment filed with the consent of the Commission, prior to the effective date of the registration statement, or filed pursuant to an order of the Commission, shall be treated as a part of the registration statement.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If it appears to the Commission that a registration statement<sidenote>Incomplete or inaccurate statements.</sidenote> is on its face incomplete or inaccurate in any material respect, the Commission may, after notice by personal service or the sending of<sidenote>Opportunity to amend.</sidenote> confirmed telegraphic notice not later than ten days after the filing of the registration statement, and opportunity for hearing (at a time fixed by the Commission) within ten days after such notice by personal service or the sending of such telegraphic notice, issue an order prior to the effective date of registration refusing to permit such statement to become effective until it has been amended in<sidenote>Effective date of amended statement.</sidenote> accordance with such order. When such statement has been amended in accordance with such order the Commission shall so declare and the registration shall become effective at the time provided in subsection (a) or upon the date of such declaration, whichever date is the later.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>An amendment filed after the effective date of the registration<sidenote>Amendment filed after effective date.</sidenote> statement, if such amendment, upon its face, appears to the Commission not to be incomplete or inaccurate in any material respect, shall become effective on such date as the Commission may determine,<sidenote>Determination of date, if not defective.</sidenote> having due regard to the public interest and the protection of investors.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If it appears to the Commission at any time that the registration<sidenote>Stop order provisions.</sidenote> statement includes any untrue statement of a material fact or <page identifier="/us/stat/48/80">80</page>omits to state any material fact required to be stated therein or necessary to make the statements therein not misleading, the Commission may, after notice by personal service or the sending of confirmed telegraphic notice, and after opportunity for hearing (at a time fixed by the Commission) within fifteen days after such <sidenote>Notice.</sidenote>notice by personal service or the sending of such telegraphic notice, issue a stop order suspending the effectiveness of the registration statement. When such statement has been amended in accordance with such stop order the Commission shall so declare and thereupon the stop order shall cease to be effective.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) <sidenote>Investigations authorized.</sidenote></num> <content>The Commission is hereby empowered to make an examination <sidenote>Powers of Commission.</sidenote>in any case in order to determine whether a stop order should issue under subsection (d). In making such examination the Commission or any officer or officers designated by it shall have access to and may demand the production of any books and papers of, and may administer oaths and affirmations to and examine, the issuer, underwriter, or any other person, in respect of any matter relevant to the examination, and may, in its discretion, require the production of a balance sheet exhibiting the assets and liabilities of the issuer, or its income statement, or both, to be certified to by a public or <sidenote>Grounds for issuance of stop order.</sidenote>certified accountant approved by the Commission. If the issuer or underwriter shall fail to cooperate, or shall obstruct or refuse to permit the making of an examination, such conduct shall be proper ground for the issuance of a stop order.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) <sidenote>Service of notice.</sidenote></num> <content>Any notice required under this section shall be sent to or served on the issuer, or, in case of a foreign government or political subdivision thereof, to or on the underwriter, or, in the case of a foreign or Territorial person, to or on its duly authorized representative in the United States named in the registration statement, properly directed in each case of telegraphic notice to the address given in such statement.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">court review of orders</heading><sidenote>Court review of Commission’s orders.</sidenote> <num value="9"><inline class="smallCaps">Sec</inline>. 9. </num><sidenote>Petition allowed to appropriate circuit court of appeals, etc.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Any person aggrieved by an order of the Commission may obtain a review of such order in the Circuit Court of Appeals of the United States, within any circuit wherein such person resides or has his principal place of business, or in the Court of Appeals of the District of Columbia, by filing in such court, within sixty days after the entry of such order, a written petition praying that the <sidenote>Copy thereof to Commission.</sidenote>order of the Commission be modified or be set aside in whole or in part. A copy of such petition shall be forthwith served upon the <sidenote>Proceedings and evidence. omits</sidenote>Commission, and thereupon the Commission shall certify and file in the court a transcript of the record upon which the order complained of was entered. No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission. The finding of the Commission as to the facts, if supported by evidence, shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the facts, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by evidence, shall be conclu-<page identifier="/us/stat/48/81">81</page>sive, and its recommendation, if any, for the modification or setting aside of the original order. The jurisdiction of the court shall be<sidenote>Jurisdiction of court.</sidenote> exclusive and its judgment and decree, affirming, modifying, or setting aside, in whole or in part, any order of the Commission, shall be final, subject to review by the Supreme Court of the United<sidenote>Certiorari to Supreme Court.</sidenote> States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U.S.C., title 28, secs. 346<sidenote><ref href="/us/usc/p906">U.S.C., p. 906</ref>.</sidenote> and 347).</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The commencement of proceedings under subsection (a) shall<sidenote>Commission’s order not stayed.</sidenote> not, unless specifically ordered by the court, operate as a stay of the Commission’s order.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">information required in prospectus</heading><sidenote>Information required in prospectus.</sidenote> <num value="10"><inline class="smallCaps">Sec</inline>. 10. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">A prospectus—<sidenote>Domestic securities.</sidenote> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when relating to a security other than a security issued by a foreign government or political subdivision thereof, shall contain the same statements made in the registration statement, but it need not include the documents referred to in paragraphs<sidenote>Post, p. 91.</sidenote> (28) to (32), inclusive, of Schedule A;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when relating to a security issued by a foreign government<sidenote>Foreign government, etc., securities.</sidenote> or political subdivision thereof shall contain the same statements made in the registration statement, but it need not include the documents referred to in paragraphs (13) and (14)<sidenote>Post, p. 92.</sidenote> of Schedule B.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Notwithstanding the provisions of subsection (a)—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when a prospectus is used more than thirteen months after<sidenote>Statement in prospectus used more than 13 months.Post, p. 906.</sidenote> the effective date of the registration statement, the information in the statements contained therein shall be as of a date not more than twelve months prior to such use.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>there may be omitted from any prospectus any of the<sidenote>Statements that may be omitted.</sidenote> statements required under such subsection (a) which the Commission may by rules or regulations designate as not being necessary or appropriate in the public interest or for the protection of investors.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>any prospectus shall contain such other information as the<sidenote>Additional information required.</sidenote> Commission may by rules or regulations require as being necessary or appropriate in the public interest or for the protection of investors.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in the exercise of its powers under paragraphs (2) and<sidenote>Classification of prospectuses.</sidenote> (3) of this subsection, the Commission shall have authority to classify prospectuses according to the nature and circumstances of their use, and, by rules and regulations and subject to such terms and conditions as it shall specify therein, to prescribe as<sidenote>Regulations governing form, etc., of classes.</sidenote> to each class the form and contents which it may find appropriate to such use and consistent with the public interest and the protection of investors.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The statements or information required to be included in a<sidenote>Printing requirement.</sidenote> prospectus by or under authority of subsection (a) or (b), when written, shall be placed in a conspicuous part of the prospectus in type as large as that used generally in the body of the prospectus.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>In any case where a prospectus consists of a radio broadcast,<sidenote>Radio broadcasts.Copies to be filed.</sidenote> copies thereof shall be filed with the Commission under such rules and regulations as it shall prescribe. The Commission may by rules and regulations require the filing with it of forms of prospectuses used in connection with the sale of securities registered under this title.</content> </subsection> </section> <page identifier="/us/stat/48/82">82</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">civil liabilities on account of false registration statement</heading> <num value="11"><inline class="smallCaps">Sec</inline>. 11. </num><sidenote>Civil liabilities for false registration statement.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In case any part of the registration statement, when such part became effective, contained an untrue statement of a <sidenote>Post, p. 907.</sidenote>material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein not misleading, any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission) may, either at law or in equity, in any court of competent jurisdiction, sue—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) <sidenote>Responsibility of signator.</sidenote></num> <content>every person who signed the registration statement;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) <sidenote>Director, partner, etc.</sidenote></num> <content>every person who was a director of (or person performing similar functions) or partner in, the issuer at the time of the filing of the part of the registration statement with respect to which his liability is asserted;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) <sidenote>Prospective director, partner, etc.</sidenote></num> <content>every person who, with his consent, is named in the registration statement as being or about to become a director, person performing similar functions, or partner;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) <sidenote>Accountant’s, etc., statements.</sidenote></num> <content>every accountant, engineer, or appraiser, or any person whose profession gives authority to a statement made by him, who has with his consent been named as having prepared or certified any part of the registration statement, or as having prepared or certified any report or valuation which is used in connection with the registration statement, with respect to the statement in such registration statement, report, or valuation, which purports to have been prepared or certified by him;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) <sidenote>Underwriter to such security.</sidenote></num> <content>every underwriter with respect to such security.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>Exemption, if burden of proof sustained.</sidenote></num> <chapeau class="inline">Notwithstanding the provisions of subsection (a) no person, other than the issuer, shall be liable as provided therein who shall sustain the burden of proof—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) <sidenote>Resignation, etc., before effective date of statement.</sidenote></num> <content>that before the effective date of the part of the registration statement with respect to which his liability is asserted (A) he had resigned from or had taken such steps as are permitted by <sidenote>Notification to Commission, etc., accordingly.</sidenote>law to resign from, or ceased or refused to act in, every office, capacity, or relationship in which he was described in the registration statement as acting or agreeing to act, and (B) he had advised the Commission and the issuer in writing that he had taken such action and that he would not be responsible for such part of the registration statement; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) <sidenote>Advised commission of false statement.</sidenote></num> <content>that if such part of the registration statement became effective without his knowledge, upon becoming aware of such fact he forthwith acted and advised the Commission, in accordance<sidenote>Public notice, additional.</sidenote> with paragraph (1), and, in addition, gave reasonable public notice that such part of the registration statement had become effective without his knowledge; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) <sidenote>Belief in probity’ of statements, not expert, etc.</sidenote></num> <content>that (A) as regards any part of the registration statement not purporting to be made on the authority of an expert, and not purporting to be a copy of or extract from a report or valuation of an expert, and not purporting to be made on the authority of a public official document or statement, he had, <sidenote>No material fact omitted.</sidenote>after reasonable investigation, reasonable ground to believe and did believe, at the time such part of the registration statement became effective, that the statements therein were true and that there was no omission to state a material fact required to be stated therein or necessary to make the statements therein not misleading; <sidenote>Statement made as expert true.</sidenote>and (B) as regards any part of the registration statement purporting to be made upon his authority as an expert or purporting to be a copy of or extract from a report or valuation of himself as an expert, (i) he had, after reasonable <page identifier="/us/stat/48/83">83</page>investigation, reasonable ground to believe and did believe, at the time such part of the registration statement became effective, that the statements therein were true and that there was no<sidenote>No omitted nor misleading statements.</sidenote> omission to state a material fact required to be stated therein or necessary to make the statements therein not misleading, or (ii) such part of the registration statement did not fairly<sidenote>Registration statement at variance, etc</sidenote> represent his statement as an expert or was not a fair copy of or extract from his report or valuation as an expert; and (C) as regards any part of the registration statement purporting<sidenote>Statement of expert (other than himself).Post, p. 907.</sidenote> to be made on the authority of an expert (other than himself) or purporting to be a copy of or extract from a report or valuation of an expert (other than himself), he had reasonable ground to believe and did believe, at the time such part of the registration statement became effective, that the statements therein were true and that there was no omission to state a material fact required to be stated therein or necessary to make the statements therein not misleading, and that such part of the registration statement fairly represented the statement of the expert or was a fair copy of or extract from the report or valuation of the expert; and (D) as regards any part of<sidenote>Public officials or documents.Post, p. 907.</sidenote> the registration statement purporting to be a statement made by an official person or purporting to be a copy of or extract from a public official document, he had reasonable ground to believe and did believe, at the time such part of the registration statement became effective, that the statements therein were true, and that there was no omission to state a material fact required to be stated therein or necessary to make the statements therein not misleading, and that such part of the registration statement fairly represented the statement made by the official person or was a fair copy of or extract from the public official document.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In determining, for the purpose of paragraph (3) of subsection<sidenote>Reasonable investigation or ground for belief.Post, p. 907.</sidenote> (b) of this section, what constitutes reasonable investigation and reasonable ground for belief, the standard of reasonableness shall be that required of a person occupying a fiduciary relationship.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If any person becomes an underwriter with respect to the<sidenote>Becoming underwriter after liability attaches.</sidenote> security after the part of the registration statement with respect to which his liability is asserted has become effective, then for the purposes of paragraph (3) of subsection (b) of this section such part of the registration statement shall be considered as having become effective with respect to such person as of the time when he became an underwriter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The suit authorized under subsection (a) may be either (1)<sidenote>Suits authorized herein.Security payment.Post, p. 907.</sidenote> to recover the consideration paid for such security with interest thereon, less the amount of any income received thereon, upon the tender of such security, or (2) for damages if the person suing no<sidenote>Damages.</sidenote> longer owns the security.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>All or any one or more of the persons specified in subsection<sidenote>Liability, joint and several.</sidenote> (a) shall be jointly and severally liable, and every person who becomes liable to make any payment under this section may recover<sidenote>Contribution.</sidenote> contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment, unless the person who has become liable was, and the other was not, guilty<sidenote>Exception.</sidenote> of fraudulent misrepresentation.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content>In no case shall the amount recoverable under this section<sidenote>Recovery limitation.</sidenote> exceed the price at which the security was offered to the public.</content> </subsection> </section> <page identifier="/us/stat/48/84">84</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">civil liabilities arising in connection with prospectuses and communications</heading><sidenote>Civil liabilities connected with prospectuses and communications.</sidenote> <num value="12"><inline class="smallCaps">Sec</inline>. 12. </num><sidenote>Sales through interstate commerce and mails.Ante, p. 77.Through false prospectuses, etc.Ante, p. 75.</sidenote> <chapeau class="inline">Any person who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>sells a security in violation of section 5, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>sells a security (whether or not exempted by the provisions of section 3, other than paragraph (2) of subsection (a) thereof), by the use of any means or instruments of transportation or communication in interstate commerce or of the mails, by means of a prospectus or oral communication, which includes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading (the purchaser not knowing of such untruth or omission), and who shall not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of such untruth or omission,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10"><sidenote>Recovery by purchaser.</sidenote>shall be liable to the person purchasing such security from him, who may sue either at law or in equity in any court of competent jurisdiction, to recover the consideration paid for such security with interest thereon, less the amount of any income received thereon, upon the tender of such security, or for damages if he no longer owns the security.</continuation> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">limitation of actions</heading> <num value="13"><inline class="smallCaps">Sec</inline>. 13. </num><sidenote>Limitation of actions.</sidenote> <content class="inline">No action shall be maintained to enforce any liability created under section 11 or section 12 (2) unless brought within two <sidenote>Post, p. 908.</sidenote>years after the discovery of the untrue statement or the omission, or after such discovery should have been made by the exercise of reasonable diligence, or, if the action is to enforce a liability created under section 12 (1), unless brought within two years after the violation upon which it is based. In no event shall any such action be brought to enforce a liability created under section 11 or section 12 (1) more than ten years after the security was bona fide offered to the public.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">contrary stipulations void</heading> <num value="14"><inline class="smallCaps">Sec</inline>. 14. </num><sidenote>Contrary stipulations void.</sidenote> <content class="inline">Any condition, stipulation, or provision binding any person acquiring any security to waive compliance with any provision of this title or of the rules and regulations of the Commission shall be void.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">liability of controlling persons</heading> <num value="15"><inline class="smallCaps">Sec</inline>. 15. </num><sidenote>Liability of controlling persons.Post, p. 908.</sidenote> <content class="inline">Every person who, by or through stock ownership, agency, or otherwise, or who, pursuant to or in connection with an agreement or understanding with one or more other persons by or through stock ownership, agency, or otherwise, controls any person liable under section 11 or 12, shall also be liable jointly and severally with and to the same extent as such controlled person to any person to whom such controlled person is liable.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">additional remedies</heading> <num value="16"><inline class="smallCaps">Sec</inline>. 16. </num><sidenote>Remedies to be additional to existing rights, etc.</sidenote> <content class="inline">The rights and remedies provided by this title shall be in addition to any and all other rights and remedies that may exist at law or in equity.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">fraudulent interstate transactions</heading> <num value="17"><inline class="smallCaps">Sec</inline>. 17. </num><sidenote>Fraudulent interstate transactions.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">It shall be unlawful for any person in the sale of any securities by the use of any means or instruments of transportation <page identifier="/us/stat/48/85">85</page>or communication in interstate commerce or by the use of the mails, directly or indirectly—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to employ any device, scheme, or artifice to defraud, or<sidenote>Unlawful practices, transactions, etc., in sale of securities.</sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>It shall be unlawful for any person, by the use of any means<sidenote>Unlawful advertisement of securities.</sidenote> or instruments of transportation or communication in interstate commerce or by the use of the mails, to publish, give publicity to, or circulate any notice, circular, advertisement, newspaper, article, letter, investment service, or communication which, though not purporting to offer a security for sale, describes such security for a consideration received or to be received, directly or indirectly, from an issuer, underwriter, or dealer, without fully disclosing the receipt,<sidenote>Receipt of consideration and amount to be disclosed.</sidenote> whether past or prospective, of such consideration and the amount thereof.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The exemptions provided in section 3 shall not apply to the<sidenote>Exempted securities.Ante, p. 75.</sidenote> provisions of this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">state control of securities</heading><sidenote>State control of securities.</sidenote> <num value="18"><inline class="smallCaps">Sec</inline>. 18. </num> <content>Nothing in this title shall affect the jurisdiction of the<sidenote>Jurisdiction of commissions.</sidenote> securities commission (or any agency or office performing like functions) of any State or Territory of the United States, or the District of Columbia, over any security or any person.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">special powers of commission</heading><sidenote>Special powers of Commission.</sidenote> <num value="19"><inline class="smallCaps">Sec</inline>. 19. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Commission shall have authority from time to<sidenote>Prescribe regulations.Post, p. 908.</sidenote> time to make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this title, including rules and regulations governing registration statements and prospectuses<sidenote>Registration statements and prospectuses.</sidenote> for various classes of securities and issuers, and defining accounting and trade terms used in this title. Among other things, the Commission shall have authority, for the purposes of this title, to prescribe<sidenote>Prescribe forms.</sidenote> the form or forms in which required information shall be set forth, the items or details to be shown in the balance sheet and earning statement, and the methods to be followed in the preparation of<sidenote>Preparation of accounts, appraising, etc.</sidenote> accounts, in the appraisal or valuation of assets and liabilities, in the determination of depreciation and depletion, in the differentiation of recurring and nonrecurring income, in the differentiation of investment and operating income, and in the preparation, where the Commission deems it necessary or desirable, of consolidated balance sheets or income accounts of any person directly or indirectly controlling or controlled by the issuer, or any person under direct or indirect common control with the issuer; but insofar as they relate to any<sidenote>Common carrier.</sidenote> common carrier subject to the provisions of section 20 of the Interstate Commerce Act, as amended, the rules and regulations of the<sidenote>Rules affecting.Vol. 24, p. 386; <ref href="/us/usc/p1668">U.S.C., p. 1668</ref>.</sidenote> Commission with respect to accounts shall not be inconsistent with the requirements imposed by the Interstate Commerce Commission under authority of such section 20. The rules and regulations of the<sidenote>Rules effective on publication.</sidenote> Commission shall be effective upon publication in the manner which the Commission shall prescribe.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>For the purpose of all investigations which, in the opinion of<sidenote>Power to summon witnesses, production of books, etc.</sidenote> the Commission, are necessary and proper for the enforcement of this title, any member of the Commission or any officer or officers <page identifier="/us/stat/48/86">86</page>designated by it are empowered to administer oaths and affirmations, subpena witnesses, take evidence, and require the production of any books, papers, or other documents which the Commission deems relevant or material to the inquiry. Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States or any Territory at any designated place of hearing.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">injunctions and prosecution of offenses</heading><sidenote>Injunctions and prosecution of offenses.</sidenote> <num value="20"><inline class="smallCaps">Sec</inline>. 20. </num><sidenote>Investigations authorized.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Whenever it shall appear to the Commission, either upon complaint or otherwise, that the provisions of this title, or of any rule or regulation prescribed under authority thereof, have been or are about to be violated, it may, in its discretion, either require or permit such person to file with it a statement in writing, under oath, or otherwise, as to all the facts and circumstances concerning the subject matter which it believes to be in the public interest to investigate, and may investigate such facts.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) <sidenote>Injunctions.</sidenote></num> <content>Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this title, or of any rule or regulation prescribed under authority thereof, it may in its discretion, bring an action in any district court of the United States, United States court of any Territory, or the Supreme Court of the District of Columbia to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or <sidenote>Evidence to Attorney General.</sidenote>restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices to the Attorney General who may, in his discretion, <sidenote>Venue.</sidenote>institute the necessary criminal proceedings under this title. Any such criminal proceeding may be brought either in the district wherein the transmittal of the prospectus or security complained of begins, or in the district wherein such prospectus or security is received.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) <sidenote>Jurisdiction of district court to issue writs of mandamus.</sidenote></num> <content>Upon application of the Commission the district courts of the United States, the United States courts of any Territory, and the Supreme Court of the District of Columbia, shall also have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this title or any order of the Commission made in pursuance thereof.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">hearings by commission</heading> <num value="21"><inline class="smallCaps">Sec</inline>. 21. </num><sidenote>Hearings by Commission.</sidenote> <content class="inline">All hearings shall be public and may be held before the Commission or an officer or officers of the Commission designated by it, and appropriate records thereof shall be kept.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">jurisdiction of offenses and suits</heading> <num value="22"><inline class="smallCaps">Sec</inline>. 22. </num><sidenote>Jurisdiction of offenses and suits.</sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The district courts of the United States, the United States courts of any Territory, and the Supreme Court of the District of Columbia shall have jurisdiction of offenses and violations under this title and under the rules and regulations promulgated by the Commission in respect thereto, and, concurrent with State and Territorial courts, of all suits in equity and actions at law brought to enforce any liability or duty created by this title. Any such suit or action may be brought in the district wherein the defendant is found <sidenote>Service of process.</sidenote>or is an inhabitant or transacts business, or in the district where the sale took place, if the defendant participated therein, and process in such cases may be served in any other district of which the defendant <page identifier="/us/stat/48/87">87</page>is an inhabitant or wherever the defendant may be found. Judgments<sidenote>Judgment subject to review.Vol. 36, pp. 1133, 1157.<ref href="/us/usc/p895/906">U.S.C., pp. 895, 906</ref>.</sidenote> and decrees so rendered shall be subject to review as provided in sections 128 and 240 of the Judicial Code, as amended (U.S.C., title 28, secs. 225 and 347). No case arising under this title and brought in any State court of competent jurisdiction shall be removed to any court of the United States. No costs shall be assessed<sidenote>No court assessments against Commission.</sidenote> for or against the Commission in any proceeding under this title brought by or against it in the Supreme Court or such other courts.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In case of contumacy or refusal to obey a subpena issued to<sidenote>Punishment for disobeying subpena, etc.</sidenote> any person, any of the said United States courts, within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides, upon application by the Commission may issue to such person an order requiring such person to appear before the Commission, or one of its examiners designated by it, there to produce documentary evidence if so ordered, or there to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>No person shall be excused from attending and testifying or<sidenote>No person excused from testifying, etc.</sidenote> from producing books, papers, contracts, agreements, and other documents before the Commission, or in obedience to the subpena of the Commission or any member thereof or any officer designated by it, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or subject him<sidenote>Personal immunity.</sidenote> to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such<sidenote>Perjury.</sidenote> individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">unlawful representations</heading> <num value="23"><inline class="smallCaps">Sec</inline>. 23. </num> <content>Neither the fact that the registration statement for a<sidenote>Unlawful representations.</sidenote> security has been filed or is in effect nor the fact that a stop order is not in effect with respect thereto shall be deemed a finding by the Commission that the registration statement is true and accurate on its face or that it does not contain an untrue statement of fact or omit to state a material fact, or be held to mean that the Commission has in any way passed upon the merits of, or given approval to, such security. It shall be unlawful to make, or cause to be made, to any prospective purchaser any representation contrary to the foregoing provisions of this section.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">penalties</heading> <num value="24"><inline class="smallCaps">Sec</inline>. 24. </num> <content>Any person who willfully violates any of the provisions<sidenote>Penalties.</sidenote> of this title, or the rules and regulations promulgated by the Commission under authority thereof, or any person who willfully, in a registration statement filed under this title, makes any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined not more than $5,000 or imprisoned not more than five years, or both.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">jurisdiction of other government agencies over securities</heading> <num value="25"><inline class="smallCaps">Sec</inline>. 25. </num> <content>Nothing in this title shall relieve any person from submitting<sidenote>Jurisdiction of other Government agencies not impaired.</sidenote> to the respective supervisory units of the Government of <page identifier="/us/stat/48/88">88</page>the United States information, reports, or other documents that are now or may hereafter be required by any provision of law.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">separability of provisions</heading> <num value="26"><inline class="smallCaps">Sec</inline>. 26. </num><sidenote>Separability of provisions.</sidenote> <chapeau class="inline">If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.</chapeau> <level> <heading class="centered smallCaps">schedule a</heading><sidenote>Schedule A.</sidenote> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) <sidenote>Information to be included.Name of issuer.</sidenote></num> <content>The name under which the issuer is doing or intends to do business;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) <sidenote>State, etc.</sidenote></num> <content>the name of the State or other sovereign power under which the issuer is organized;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) <sidenote>Location of issuer’s business office.United States agency, if foreign issuer.</sidenote></num> <content>the location of the issuer’s principal business office, and if the issuer is a foreign or territorial person, the name and address of its agent in the United States authorized to receive notice;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) <sidenote>Names and addresses of corporation directors, partners, etc.</sidenote></num> <content>the names and addresses of the directors or persons performing similar functions, and the chief executive, financial and accounting officers, chosen or to be chosen if the issuer be a corporation, association, trust, or other entity; of all partners, if the issuer be a partnership; and of the issuer, if the issuer be an individual; and of the promoters in the case of a business to be formed, or formed within two years prior to the filing of the registration statement;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) <sidenote>Underwriters.</sidenote></num> <content>the names and addresses of the underwriters;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) <sidenote>Stockholders.</sidenote></num> <content>the names and addresses of all persons, if any, owning of record or beneficially, if known, more than 10 per centum of any class of stock of the issuer, or more than 10 per centum in the aggregate of the outstanding stock of the issuer as of a date within twenty days prior to the filing of the registration statement;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) <sidenote>Schedule of securiies.</sidenote></num> <content>the amount of securities of the issuer held by any person specified in paragraphs (4), (5), and (6) of this schedule, as of a date within twenty days prior to the filing of the registration statement, and, if possible, as of one year prior thereto, and the amount of the securities, for which the registration statement is filed, to which such persons have indicated their intention to subscribe;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) <sidenote>Character of business.</sidenote></num> <content>the general character of the business actually transacted or to be transacted by the issuer;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) <sidenote>Capitalization, etc.</sidenote></num> <content>a statement of the capitalization of the issuer, including the authorized and outstanding amounts of its capital stock and the proportion thereof paid up, the number and classes of shares in which such capital stock is divided, par value thereof, or if it has no par value, the stated or assigned value thereof, a description of the respective voting rights, preferences, conversion and exchange rights, rights to dividends, profits, or capital of each class, with respect to each other class, including the retirement and liquidation rights or values thereof;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) <sidenote>Outstanding options.</sidenote></num> <content>a statement of the securities, if any, covered by options outstanding or to be created in connection with the security to be offered, together with the names and addresses of all persons, if any, to be allotted more than 10 per centum in the aggregate of such options;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) <sidenote>Capital stock.</sidenote></num> <content>the amount of capital stock of each class issued or included in the shares of stock to be offered;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) <sidenote>Funded debt, etc.</sidenote></num> <content>the amount of the funded debt outstanding and to be created by the security to be offered, with a brief description of the date, maturity, and character of such debt, rate of interest, character of <sidenote>Statement, if substitution permitted.</sidenote>amortization provisions, and the security, if any, therefor. If substitution of any security is permissible, a summarized statement of <page identifier="/us/stat/48/89">89</page>the conditions under which such substitution is permitted. If substitution is permissible without notice, a specific statement to that effect;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="13">(13) </num> <content>the specific purposes in detail and the approximate amounts<sidenote>Detailed amounts and purposes.</sidenote> to be devoted to such purposes, so far as determinable, for which the security to be offered is to supply funds, and if the funds are to be raised in part from other sources, the amounts thereof and the sources thereof, shall be stated;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="14">(14) </num> <content>the remuneration, paid or estimated to be paid, by the issuer<sidenote>Remuneration paid by issuer, etc., to its directors, officers, etc.</sidenote> or its predecessor, directly or indirectly, during the past year and ensuing year to (a) the directors or persons performing similar functions, and (b) its officers and other persons, naming them wherever such remuneration exceeded $25,000 during any such year;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="15">(15) </num> <content>the estimated net proceeds to be derived from the security<sidenote>Estimated net proceeds.</sidenote> to be offered;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="16">(16) </num> <content>the price at which it is proposed that the security shall be<sidenote>Price security offered to public, etc.</sidenote> offered to the public or the method by which such price is computed and any variation therefrom at which any portion of such security is proposed to be offered to any persons or classes of persons, other than the underwriters, naming them or specifying the class. A<sidenote>Variation to be reported to Commission.</sidenote> variation in price may be proposed prior to the date of the public offering of the security, but the Commission shall immediately be notified of such variation;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="17">(17) </num> <content>all commissions or discounts paid or to be paid, directly<sidenote>Commissions, discounts, etc.</sidenote> or indirectly, by the issuer to the underwriters in respect of the sale of the security to be offered. Commissions shall include all cash, securities, contracts, or anything else of value, paid, to be set aside, disposed of, or understandings with or for the benefit of any other persons in which any underwriter is interested, made, in connection with the sale of such security. A commission paid or to be paid in connection with the sale of such security by a person in which the issuer has an interest or which is controlled or directed by, or under common control with, the issuer shall be deemed to have been paid by the issuer. Where any such commission is paid the amount of such commission paid to each underwriter shall be stated;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="18">(18) </num> <content>the amount or estimated amounts, itemized in reasonable<sidenote>Other expenses.</sidenote> detail, of expenses, other than commissions specified in paragraph (17) of this schedule, incurred or borne by or for the account of the issuer in connection with the sale of the security to be offered or properly chargeable thereto, including legal, engineering, certification, authentication, and other charges;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="19">(19) </num> <content>the net proceeds derived from any security sold by the issuer<sidenote>Net proceeds from previous sales.</sidenote> during the two years preceding the filing of the registration statement, the price at which such security was offered to the public, and the names of the principal underwriters of such security;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="20">(20) </num> <content>any amount paid within two years preceding the filing of<sidenote>Payment to promoter.</sidenote> the registration statement or intended to be paid to any promoter and the consideration for any such payment;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="21">(21) </num> <content>the names and addresses of the vendors and the purchase<sidenote>Vendors, names, addresses, purchase price of property, etc.</sidenote> price of any property, or good will, acquired or to be acquired, not in the ordinary course of business, which is to be defrayed in whole or in part from the proceeds of the security to be offered, the amount of any commission payable to any person in connection with such acquisition, and the name or names of such person or persons, together<sidenote>Cost of financing.</sidenote> with any expense incurred or to be incurred in connection with such acquisition, including the cost of borrowing money to finance such acquisition;</content> </paragraph> <page identifier="/us/stat/48/90">90</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="22">(22) <sidenote>Interest of every stockholder holding more than 10 per cent of any class.</sidenote></num> <content>full particulars of the nature and extent of the interest, if any, of every director, principal executive officer, and of every stockholder holding more than 10 per centum of any class of stock or more than 10 per centum in the aggregate of the stock of the issuer, in any property acquired, not in the ordinary course of business of the issuer, within two years preceding the filing of the registration statement or proposed to be acquired at such date;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="23">(23) <sidenote>Names, etc., of counsel.</sidenote></num> <content>the names and addresses of counsel who have passed on the legality of the issue;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="24">(24) <sidenote>Material contracts, not made in ordinary business.</sidenote></num> <content>dates of and parties to, and the general effect concisely stated of every material contract made, not in the ordinary course of business, which contract is to be executed in whole or in part at or after the filing of the registration statement or which contract has been made not more than two years before such filing. Any <sidenote>Management contract, special bonuses, or profit sharing, etc., deemed material contract.</sidenote>management contract or contract providing for special bonuses or profit-sharing arrangements, and every material patent or contract for a material patent right, and every contract by or with a public utility company or an affiliate thereof, providing for the giving or receiving of technical or financial advice or service (if such contract may involve a charge to any party thereto at a rate in excess of $2,500 per year in cash or securities or anything else of value), shall be deemed a material contract;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="25">(25) <sidenote>Balance sheets.Contents.</sidenote></num> <content>a balance sheet as of a date not more than ninety days prior to the date of the filing of the registration statement showing all of the assets of the issuer, the nature and cost thereof, whenever determinable, in such detail and in such form as the Commission shall prescribe (with intangible items segregated), including any loan in excess of $20,000 to any officer, director, stockholder or person directly or indirectly controlling or controlled by the issuer, or person under direct or indirect common control with the issuer. All the liabilities of the issuer in such detail and such form as the Commission shall prescribe, including surplus of the issuer showing how and from what sources such surplus was created, all as of a date not more than ninety days prior to the filing of the registration statement.<sidenote>Certificate of public accountant.</sidenote> If such statement be not certified by an independent public or certified accountant, in addition to the balance sheet required to be submitted under this schedule, a similar detailed balance sheet of the assets and liabilities of the issuer, certified by an independent public or certified accountant, of a date not more than one year prior to the filing of the registration statement, shall be submitted;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="26">(26) <sidenote>Profit and loss statement. (</sidenote></num> <content>a profit and loss statement of the issuer showing earnings and income, the nature and source thereof, and the expenses and fixed charges in such detail and such form as the Commission shall prescribe for the latest fiscal year for which such statement is available and for the two preceding fiscal years, year by year, or, if such issuer has been in actual business for less than three years, then for such time as the issuer has been in actual business, year by year. If the date of the filing of the registration statement is more than six months after the close of the last fiscal year, a statement from such closing date to the latest practicable date. Such statement shall show what the practice of the issuer has been during the three years or lesser period as to the character of the charges, dividends or other distributions made against its various surplus accounts, and as to depreciation, depletion, and maintenance charges, in such detail and form as the Commission shall prescribe, and if stock dividends or avails from the sale of rights have been credited to income, they shall be shown separately with a statement of the basis upon which the credit is computed. Such statement shall also differentiate <page identifier="/us/stat/48/91">91</page>between any recurring and nonrecurring income and between any investment and operating income. Such statement shall be certified<sidenote>Certificate of public accountant.</sidenote> by an independent public or certified accountant;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="27">(27) </num> <content>if the proceeds, or any part of the proceeds, of the security<sidenote>If proceeds are to be applied to purchase of any business, statement of such business to issue.</sidenote> to be issued is to be applied directly or indirectly to the purchase of any business, a profit and loss statement of such business certified by an independent public or certified accountant, meeting the requirements of paragraph (26) of this schedule, for the three preceding fiscal years, together with a balance sheet, similarly certified, of such business, meeting the requirements of paragraph (25) of this schedule of a date not more than ninety days prior to the filing of the registration statement or at the date such business was acquired by the issuer if the business was acquired by the issuer more than ninety days prior to the filing of the registration statement;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="28">(28) </num> <content>a copy of any agreement or agreements (or, if identic agreements<sidenote>Agreements with any underwriter.</sidenote> are used, the forms thereof) made with any underwriter, including all contracts and agreements referred to in paragraph (17) of this schedule;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="29">(29) </num> <content>a copy of the opinion or opinions of counsel in respect to the<sidenote>Counsel’s opinion as to legality of issue.</sidenote> legality of the issue, with a translation of such opinion, when necessary, into the English language;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="30">(30) </num> <content>a copy of all material contracts referred to in paragraph<sidenote>Copy of material contracts; restriction.</sidenote> (24) of this schedule, but no disclosure shall be required of any portion of any such contract if the Commission determines that disclosure of such portion would impair the value of the contract and would not be necessary for the protection of the investors;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="31">(31) </num> <content>unless previously filed and registered under the provisions<sidenote>Copy of articles of incorporation, etc.</sidenote> of this title, and brought up to date, (a) a copy of its articles of incorporation, with all amendments thereof and of its existing bylaws or instruments corresponding thereto, whatever the name, if the issuer be a corporation; (b) copy of all instruments by which the trust is created or declared, if the issuer is a trust; (c) a copy of its articles of partnership or association and all other papers pertaining to its organization, if the issuer is a partnership, unincorporated association, joint-stock company, or any other form of organization; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="32">(32) </num> <content class="inline"> a copy of the underlying agreements or indentures affecting<sidenote>Copy of underlying indentures affecting stock, etc.Rules and regulations to be established.</sidenote> any stock, bonds, or debentures offered or to be offered. In case of certificates of deposit, voting trust certificates, collateral trust certificates, certificates of interest or shares in unincorporated investment trusts, equipment trust certificates, interim or other receipts for certificates, and like securities, the Commission shall establish rules and regulations requiring the submission of information of a like character applicable to such cases, together with such other information as it may deem appropriate and necessary regarding the character, financial or otherwise, of the actual issuer of the securities and/or the person performing the acts and assuming the duties of depositor or manager. </content> </paragraph> </level> <level> <heading class="centered smallCaps">schedule b</heading><sidenote>Schedule B.</sidenote> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Name of borrowing government or subdivision thereof;<sidenote>Name of borrowing government, etc.</sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>specific purposes in detail and the approximate amounts to<sidenote>Purposes and amounts for which security offered is to supply funds.</sidenote> be devoted to such purposes, so far as determinable, for which the security to be offered is to supply funds, and if the funds are to be raised in part from other sources, the amounts thereof and the sources thereof, shall be stated;</content> </paragraph> <page identifier="/us/stat/48/92">92</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) <sidenote>Funded and floating debts.</sidenote></num> <content>the amount of the funded debt and the estimated amount of the floating debt outstanding and to be created by the security to be offered, excluding intergovernmental debt, and a brief description of the date, maturity, character of such debt, rate of interest, character<sidenote>Substitution conditions.</sidenote> of amortization provisions, and the security, if any, therefor. If substitution of any security is permissible, a statement of the conditions under which such substitution is permitted. If substitution is permissible without notice, a specific statement to that effect;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) <sidenote>Whether issuer has defaulted, etc.</sidenote></num> <content>whether or not the issuer or its predecessor has, within a period of twenty years prior to the filing of the registration statement, defaulted on the principal or interest of any external security, <sidenote>Intergovernmental debts excluded.</sidenote>excluding intergovernmental debt, and, if so, the date, amount, and circumstances of such default, and the terms of the succeeding arrangement, if any;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) <sidenote>Receipts and expenses, in detail.</sidenote></num> <content>the receipts, classified by source, and the expenditures, classified by purpose, in such detail and form as the Commission shall prescribe for the latest fiscal year for which such information is available and the two preceding fiscal years, year by year;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) <sidenote>Names, etc., of underwriters.</sidenote></num> <content>the names and addresses of the underwriters;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) <sidenote>United States agent.</sidenote></num> <content>the name and address of its authorized agent, if any, in the United States;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) <sidenote>Estimated net proceeds from sales in United States.</sidenote></num> <content>the estimated net proceeds to be derived from the sale in the United States of the security to be offered;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) <sidenote>Price.</sidenote></num> <content>the price at which it is proposed that the security shall be offered in the United States to the public or the method by which such price is computed. A variation in price may be proposed prior to the date of the public offering of the security, but the Commission shall immediately be notified of such variation;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) <sidenote>Commissions paid.</sidenote></num> <content>all commissions paid or to be paid, directly or indirectly, by the issuer to the underwriters in respect of the sale of the security to be offered. Commissions shall include all cash, securities, contracts, or anything else of value, paid, to be set aside, disposed of, or understandings with or for the benefit of any other persons in which the underwriter is interested, made, in connection with the sale of such security. Where any such commission is paid, the amount of such commission paid to each underwriter shall be stated;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) <sidenote>Other expenses.</sidenote></num> <content>the amount or estimated amounts, itemized in reasonable detail, of expenses, other than the commissions specified in paragraph (10) of this schedule, incurred or borne by or for the account of the issuer in connection with the sale of the security to be offered or properly chargeable thereto, including legal, engineering, certification, and other charges;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) <sidenote>Names, etc., of counsel.</sidenote></num> <content>the names and addresses of counsel who have passed upon the legality of the issue;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="13">(13) <sidenote>Copy of any underwriter’s agreement as to United States sales.</sidenote></num> <content>a copy of any agreement or agreements made with any underwriter governing the sale of the security within the United States; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="14">(14) <sidenote>Counsel’s opinion as to legality of issue.</sidenote></num> <content>an agreement of the issuer to furnish a copy of the opinion or opinions of counsel in respect to the legality of the issue, with a translation, where necessary, into the English language. Such opinion shall set out in full all laws, decrees, ordinances, or other acts of Government under which the issue of such security has been authorized.</content> </paragraph> </level> </section> <num value="II">TITLE II</num><sidenote><inline class="smallCaps">Section</inline> 201. </sidenote> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Section</inline> 201. </num><sidenote>“Corporation of Foreign Security Holders” created.</sidenote> <content class="inline">For the purpose of protecting, conserving, and advancing the interests of the holders of foreign securities in default, there is hereby created a body corporate with the name “Corporation <page identifier="/us/stat/48/93">93</page>of Foreign Security Holders” (herein called the “Corporation”).<sidenote>Principal office, agencies.</sidenote> The principal office of the Corporation shall be located in the District of Columbia, but there may be established agencies or branch offices in any city or cities of the United States under rules and regulations prescribed by the board of directors.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>The control and management of the Corporation shall<sidenote>Control vested in board of directors.Federal Trade Commission to appoint six directors, designate a chairman, etc.</sidenote> be vested in a board of six directors, who shall be appointed and hold office in the following manner: As soon as practicable after the date this Act takes effect the Federal Trade Commission (hereinafter in this title called “Commission”) shall appoint six directors,<sidenote>Post, p. 908.</sidenote> and shall designate a chairman and a vice chairman from among their number. After the directors designated as chairman and vice chairman cease to be directors, their successors as chairman and vice<sidenote>Appointment of successors.</sidenote> chairman shall be elected by the board of directors itself. Of the directors first appointed, two shall continue in office for a term of two<sidenote>Tenure of office.</sidenote> years, two for a term of four years, and two for a term of six years, from the date this Act takes effect, the term of each to be designated by the Commission at the time of appointment. Their successors shall be appointed by the Commission, each for a term of six years from the date of the expiration of the term for which his predecessor was appointed, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his<sidenote>Vacancies.</sidenote> predecessor was appointed shall be appointed only for the unexpired term of such predecessor. No person shall be eligible to serve as a director who within the five years preceding has had any interest, direct or indirect, in any corporation, company, partnership, bank or association which has sold, or offered for sale any foreign securities. The office of a director shall be vacated if the board of directors shall at a meeting specially convened for that purpose by<sidenote>Removals.</sidenote> resolution passed by a majority of at least two thirds of the board of directors, remove such member from office, provided that the member whom it is proposed to remove shall have seven days’ notice sent to him of such meeting and that he may be heard.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content>The Corporation shall have power to adopt, alter, and<sidenote>Corporate powers.</sidenote> use a corporate seal; to make contracts; to lease such real estate as may be necessary for the transaction of its business; to sue and be sued, to complain and to defend, in any court of competent jurisdiction, State or Federal; to require from trustees, financial agents,<sidenote>To require information relative to foreign securities holders, etc.</sidenote> or dealers in foreign securities information relative to the original or present holders of foreign securities and such other information as may be required and to issue subpenas therefor; to take over the<sidenote>To take over functions of agent of defaulted foreign securities.Borrow and pledge for such loans.</sidenote> functions of any fiscal and paying agents of any foreign securities in default; to borrow money for the purposes of this title, and to pledge as collateral for such loans any securities deposited with the Corporation pursuant to this title; by and with the consent and approval of the Commission to select, employ, and fix the compensation of officers, directors, members of committees, employees, attorneys,<sidenote>Officers, employees, etc.</sidenote> and agents of the Corporation, without regard to the provisions of other laws applicable to the employment and compensation of officers or employees of the United States; to define their authority and duties, require bonds of them and fix the penalties thereof, and to dismiss at pleasure such officers, employees, attorneys, and agents; and to prescribe, amend, and repeal, by its board of directors,<sidenote>Prescribe, etc., rules for conduct of business.</sidenote> bylaws, rules, and regulations governing the manner in which its general business may be conducted and the powers granted to it by law may be exercised and enjoyed, together with provisions for such committees and the functions thereof as the board of directors <page identifier="/us/stat/48/94">94</page>may deem necessary for facilitating its business under this title. <sidenote>Determine manner obligations incurred and expenses allowed.</sidenote>The board of directors of the Corporation shall determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote>Authority of board over foreign securities.</sidenote> <chapeau class="inline">The board of directors may—</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) <sidenote>Call meetings of holders of.</sidenote></num> <content>Convene meetings of holders of foreign securities.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) <sidenote>Action on defaulted securities.</sidenote></num> <content>Invite the deposit and undertake the custody of foreign securities which have defaulted in the payment either of principal or interest, and issue receipts or certificates in the place of securities so deposited.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) <sidenote>Appoint committees to represent such holders.</sidenote></num> <content>Appoint committees from the directors of the Corporation and/or all other persons to represent holders of any class or classes of foreign securities which have defaulted in the payment either of principal or interest and determine and regulate the functions of such committees. The chairman and vice chairman of the board of directors shall be ex officio chairman and vice chairman of each committee.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) <sidenote>Carry out arrangements for resuming payments.</sidenote></num> <content>Negotiate and carry out, or assist in negotiating and carrying out, arrangements for the resumption of payments due or in arrears in respect of any foreign securities in default or for rearranging the terms on which such securities may in future be held or for converting and exchanging the same for new securities or for any other object in relation thereto; and under this paragraph any plan or agreement made with respect to such securities shall be binding upon depositors, providing that the consent of holders resident in the United States of 60 per centum of the securities deposited with the Corporation shall be obtained.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) <sidenote>Collecting, etc., funds derived from foreign securities.</sidenote></num> <content>Undertake, superintend, or take part in the collection and application of funds derived from foreign securities which come into the possession of or under the control or management of the Corporation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) <sidenote>Collect, etc., information respecting foreign securities.</sidenote></num> <content>Collect, preserve, publish, circulate, and render available in. readily accessible form, when deemed essential or necessary, documents, statistics, reports, and information of all kinds in respect of foreign securities, including particularly records of foreign external securities in default and records of the progress made toward the payment of past-due obligations.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) <sidenote>Securing simple forms, etc.</sidenote></num> <content>Take such steps as it may deem expedient with the view of securing the adoption of clear and simple forms of foreign securities and just and sound principles in the conditions and terms thereof.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) <sidenote>Act as representative of holders.</sidenote></num> <content>Generally, act in the name and on behalf of the holders of foreign securities the care or representation of whose interests may be entrusted to the Corporation; conserve and protect the rights and interests of holders of foreign securities issued, sold, or owned in the United States; adopt measures for the protection, vindication, and preservation or reservation of the rights and interests of holders of foreign securities either on any default in or on breach or contemplated breach of the conditions on which such foreign securities may have been issued, or otherwise; obtain for such holders such legal and other assistance and advice as the board of directors may deem expedient; and do all such other things as are incident or conducive to the attainment of the above objects.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote>To keep and publish an audited general account and balance sheet.</sidenote> <content class="inline">The board of directors shall cause accounts to be kept of all matters relating to or connected with the transactions and business of the Corporation, and cause a general account and balance sheet of the Corporation to be made out in each year, and cause all <page identifier="/us/stat/48/95">95</page>accounts to be audited by one or more auditors who shall examine the same and report thereon to the board of directors.</content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content>The Corporation shall make, print, and make public an<sidenote>Annual report of operations.</sidenote> annual report of its operations during each year, send a copy thereof, together with a copy of the account and balance sheet and auditor’s report, to the Commission and to both Houses of Congress, and provide one copy of such report but not more than one on the application of any person and on receipt of a sum not exceeding $1: <proviso>Provided,<sidenote>Proviso.Free distribution.</sidenote> That the board of directors in its discretion may distribute copies gratuitously.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content>The Corporation may in its discretion levy charges,<sidenote>Pro rata levy on holders of foreign securities.</sidenote> assessed on a pro rata basis, on the holders of foreign securities deposited with it: <proviso>Provided, That any charge levied at the time of<sidenote>Provisos.Charge limitation.</sidenote> depositing securities with the Corporation shall not exceed one fifth of 1 per centum of the face value of such securities:</proviso> <proviso>Provided further, That any additional charges shall bear a close relationship to<sidenote>Additional charges.</sidenote> the cost of operations and negotiations including those enumerated in sections 203 and 204 and shall not exceed 1 per centum of the face value of such securities.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <content>The Corporation may receive subscriptions from any<sidenote>Subscription may be received from any foundation, etc.</sidenote> person, foundation with a public purpose, or agency of the United States Government, and such subscriptions may, in the discretion of the board of directors, be treated as loans repayable when and as the board of directors shall determine.</content> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content>The Reconstruction Finance Corporation is hereby<sidenote>Reconstruction Finance Corporation to advance funds for Corporation use.</sidenote> authorized to loan out of its funds not to exceed $75,000 for the use of the Corporation.</content> </section> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <chapeau class="inline">Notwithstanding the foregoing provisions of this title,<sidenote>Unlawful acts.</sidenote> it shall be unlawful for, and nothing in this title shall be taken or construed as permitting or authorizing, the Corporation in this title created, or any committee of said Corporation, or any person or persons acting for or representing or purporting to represent it—</chapeau> <subsection class="indentUp1 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>to claim or assert or pretend to be acting for or to represent<sidenote>Claiming to represent Government or State Department.Statements to that effect to foreign Government.</sidenote> the Department of State or the United States Government;</content> </subsection> <subsection class="indentUp1 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>to make any statements or representations of any kind to any foreign government or its officials or the officials of any political subdivision of any foreign government that said Corporation or any committee thereof or any individual or individuals connected therewith were speaking or acting for the said Department of State or the United States Government; or</content> </subsection> <subsection class="indentUp1 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>to do any act directly or indirectly which would interfere<sidenote>Interference, etc., with Government policies.</sidenote> with or obstruct or hinder or which might be calculated to obstruct, hinder or interfere with the policy or policies of the said Department of State or the Government of the United States or any pending or contemplated diplomatic negotiations, arrangements, business or exchanges between the Government of the United States or said Department of State and any foreign government or any political subdivision thereof.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <content>This title shall not take effect until the President finds<sidenote>Title not effective until President so declares.</sidenote> that its taking effect is in the public interest and by proclamation so declares.</content> </section> <section class="firstIndent1 fontsize10"> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num> <content>This title may be cited as the “<shortTitle role="act">Corporation of Foreign<sidenote>Citation of title.</sidenote> Bondholders Act, 1933.</shortTitle>”</content> </section> Approved, May 27, 1933.

Granting the consent of Congress to the State Highway Commission of Virginia to replace and maintain a bridge across Northwest River in Norfolk County, Virginia, on State Highway Route Numbered 27. Chapter 39 48 Stat. 96 1933-05-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 96 [CHAPTER 39.]

AN ACT Granting the consent of Congress to the State Highway Commission of Virginia to replace and maintain a bridge across Northwest River in Norfolk County, Virginia, on State Highway Route Numbered 27.

May 27, 1933.

[H.R. 5152.]

[Public, No. 23.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Northwest River.

Virginia may bridge, in Norfolk County.

That the consent of Congress is hereby granted to the State Highway Commission of Virginia, and its successors, to replace and operate a free highway bridge and approaches thereto across the Northwest River, at a point suitable to the interests of navigation, at or near Norfolk

Construction.

Vol. 34, p. 84.

County, Virginia, on State Highway Route Numbered 27, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters ”, approved March 23, 1906.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, May 27, 1933.

Granting the consent of Congress to the State Highway Commission of Virginia to maintain a bridge already constructed to replace a weak structure in the same location, across the Staunton and Dan Rivers, in Mecklenburg County, Virginia, on United States Route Numbered 15. Chapter 40 48 Stat. 96 1933-05-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 40.]

AN ACT Granting the consent of Congress to the State Highway Commission of Virginia to maintain a bridge already constructed to replace a weak structure in the same location, across the Staunton and Dan Rivers, in Mecklenburg County, Virginia, on United States Route Numbered 15.

May 27, 1933.

[H.R. 5173.]

[Public, No. 24.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Staunton and Dan Rivers.

Bridge across, by Virginia, legalized.

That the consent of Congress is hereby granted to the State Highway Commission of Virginia, and its successors, to maintain and operate, in accordance with the provisions of the Act entitled “An Act to regulate the construction

Vol. 34, p. 84.

of bridges over navigable waters”, approved March 23, 1906, a bridge and approaches thereto already constructed to replace an inadequate structure already constructed across the Staunton and Dan Rivers, at their mouths—Clarksville, in Mecklenburg County, which bridge is hereby declared to be a lawful structure to the same extent and in the same manner as if it had been constructed in accordance with the provisions of said Act of March 23, 1906.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, May 27, 1933.

To extend the times for commencing and completing the construction of a bridge across the Savannah River at or near Burtons Ferry, near Sylvania, Georgia. Chapter 41 48 Stat. 96 1933-05-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 41.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Savannah River at or near Burtons Ferry, near Sylvania, Georgia.

May 27, 1933.

[H.R. 5476.]

[Public, No. 25.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Savannah River.

Time extended for bridging, at Burtons Ferry, Ga.

Vol.45, p. 751; Vol. 47, p. 135, amended.

Post, p. 946.

That the time for commencing and completing the construction of a bridge authorized by Act of Congress approved May 26, 1928, heretofore revived and reenacted by Act of Congress approved April 22, 1932, to be built by the South Carolina and Georgia State Highway Departments across the Savannah River at or near Burtons Ferry, near Sylvania, Georgia, are hereby extended one and three years, respectively, from the date of approval hereof.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, May 27, 1933.

Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933, and June 30, 1934, and for other purposes. Chapter 42 48 Stat. 97 1933-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 97 [CHAPTER 42.]

AN ACT Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933, and June 30, 1934, and for other purposes.

May 29, 1933.

[H.R. 5390.]

[Public, No. 26.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the following

Third Deficiency Act, fiscal year 1933.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933, and June 30, 1934, and for other purposes, namely:

LEGISLATIVE

Legislative.

senate

Senate.

To pay to Nieves Maria P. C. Walsh, widow of Honorable Thomas

Thomas J. Walsh. Pay to widow.

J. Walsh, late a Senator from the State of Montana, $9,000.

To pay Alice C. Howell, widow of Honorable R. B. Howell, late

Robert B. Howell.

Pay to widow.

a Senator from the State of Nebraska, $9,000.

For miscellaneous items, exclusive of labor, fiscal year 1933,

Miscellaneous items.

$20,000.

Police force for Senate Office Building, under the Sergeant at

Senate Office Building.

Additional police force.

Arms: Fifteen privates at the rate of $1,620 per annum each, fiscal year 1934, $22,275.

house of representatives

House of Representatives.

To pay Lois Slayton Woodworth Briggs, widow of Clay Stone

Clay Stone Briggs.

Pay to widow.

Briggs, late a Representative from the State of Texas, $8,500, to be disbursed by the Sergeant at Arms of the House.

Contingent expenses: For miscellaneous items, exclusive of salaries

Miscellaneous items.

and labor unless specifically ordered by the House of Representatives, including reimbursement to the official stenographers to committees for the amounts actually and necessarily paid out by them for transcribing hearings, and including materials for folding, fiscal year

Sum from “Clerk hire, 1933,” made available.

Vol. 47, p. 389.

1933, the sum $15,000 is transferred and made available from the unexpended balance of the appropriation “Clerk hire, members and delegates, 1933.”

The amount which may be expended for labor, tools, and machinery

Furniture, etc.

Amount for, increased.

for furniture repair shops during the fiscal year 1933 is hereby increased from $22,500 to $24,000.

architect of the capitol

Architect of the Capitol.

Capitol power plant: For an additional amount for lighting, heating,

Capitol power plant.

Maintenance.

and power for the Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and so forth, including the same objects specified under this head in the Legislative Appropriation Act for the fiscal year 1933, $30,000.

Senate Office Building: For labor and materials and other expenses

Senate Office Building.

Painting, etc.

incidental thereto, for additional painting in the Senate Office Building, to remain available during the fiscal year 1934, to be expended under the direction and supervision of the Committee on Rules, acting through the Architect of the Capitol, who shall be its executive agent, $5,000.

Government Printing Office.

government printing office

Leave of absence.

Payable from working capital.

Post, p. 832.

Not exceeding $400,000 of the working capital of the Government Printing Office for the fiscal year 1934 shall be available for the purpose of enabling the Public Printer to comply with the provisions of law granting fifteen days’ annual leave of absence to employees with pay.

Interior Department.

DEPARTMENT OF THE INTERIOR

Indian Affairs Bureau.

bureau of indian affairs

Truxton Canyon Preservation, Ariz.

Eradicating scabies in livestock.

From tribal funds.

Eradication of scabies, Truxton Canyon Reservation, Arizona (tribal funds): For assisting in the eradication of scabies in livestock of the Indians of the Truxton Canyon Reservation, Arizona, fiscal years 1933 and 1934, $10,000, payable from tribal funds on deposit to the credit of said Indians.

Menominee Indians, Wis.

Attorneys.

Vol. 46, p. 1468.

Attorney’s Fees and Expenses, Menominee Tribe, Wisconsin (tribal funds): The unexpended balance of the $20,000 of Menominee tribal funds authorized to be expended by the Act of March 2, 1931 (46 Stat., p. 1468), for employment of attorneys to formulate any claims the Menominee Tribe might have against the Government of the United States, and for expenses of such attorneys in connection with their services, is hereby continued available for the same purposes until June 30, 1934.

Reclamation Bureau.

bureau of reclamation

Palo Verde Valley, Calif.

Protecting lands from overflow.

Vol. 47, p. 535.

Palo Verde Valley, California: The unexpended balance of the appropriation of $50,000 for the protection of Palo Verde Valley, California, contained in the Second Deficiency Act, fiscal year 1932, approved July 1, 1932, shall remain available for the same purposes during the fiscal year 1934.

Department of Justice.

DEPARTMENT OF JUSTICE contingent expenses

Department contingent expenses.

Travel and miscellaneous.

Vol. 47, p. 491.

The sum of $3,500 is hereby transferred from the appropriation “Salaries, fees, and expenses of marshals, United States courts, 1933”, to the appropriation “Traveling and miscellaneous expenses, Department of Justice, 1933.”

United States courts.

united states courts

Conciliation commissioners.

Post, p. 542.

Compensation and expenses of conciliation commissioners: For fees of conciliation commissioners, and per diem allowance and traveling expenses of supervising conciliation commissioners, as authorized by the Act entitled “An Act to amend an Act entitled

Vol. 47, p. 1470.

‘An Act to establish a uniform system of bankruptcy throughout the United States’, approved July 1, 1898, and Acts amendatory thereof

Transfer from “marshals, 1933.”

Vol. 47, p. 491.

and supplementary thereto”, approved March 3, 1933, the sum of $25,000 is transferred and made available until June 30, 1934, from the appropriation “Salaries, fees, and expenses of marshals, United States courts, 1933.”

Department of Labor.

DEPARTMENT OF LABOR

Immigration Bureau.

bureau of immigration

Joseph Vigliotti, refund.

Vol. 47, p. 1766.

For refund to Joseph Vigliotti, of Detroit, Michigan, as authorized by Private Act Numbered 318, approved March 4, 1933, $1,500. 99 DEPARTMENT OF STATE

Department of State.

Seventh International Conference of American States, Montevideo,

Seventh International Conference of American States.

Vol. 47, p. 1371.

Uruguay: Not to exceed $70,000 of any appropriation made for the Department of State for the fiscal year 1934 is hereby made available for the participation by the United States in the Seventh International Conference of American States to be held in the city of Montevideo, Uruguay, including personal services without reference

Personal services.

Vol. 42, p. 1488.

U.S.C., p. 65; Supp. VI, p. 31.

R.S. sec 3709, p. 733; U.S.C., p. 1309.

to the Classification Act of 1923, as amended, and rent, stenographic reporting and translating services by contract if deemed necessary, without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5); traveling expenses (and by indirect routes if specifically authorized by the Secretary of State); hire of automobiles; purchase of necessary books and documents; stationery; official cards; newspapers and periodicals; printing and binding; entertainment; equipment; and such other expenses as may be authorized by the Secretary of State, to remain available until June 30, 1934.

Salaries of Foreign Service officers while receiving instructions

Foreign Service officers.

Instruction and transit pay, 1933.

Vol. 47, p. 47S.

and in transit: The sum of $60,000 is hereby transferred from the appropriation “Office and living quarters, Foreign Service, 1933”, to the appropriation “Salaries of Foreign Service officers while receiving instructions and in transit, 1933.”

Salaries of Foreign Service officers while receiving instructions

Fiscal year 1934.

Vol. 47, p. 1375.

and in transit: The sum of $20,000 is hereby transferred from the appropriation “Contingent expenses, Foreign Service, 1934”, to the appropriation “Salaries of Foreign Service officers while receiving instructions and in transit, 1934.”

WAR DEPARTMENT

War Department.

corps of engineers

Engineer Corps.

Flood control, Lowell Creek, Alaska: For necessary maintenance

Lowell Creek, Alaska.

Flood control.

Vol. 47, p. 802.

of the flood-control works at Lowell Creek, Seward, Alaska, authorized by an Act approved February 14, 1933 (47 Stat., p. 802), to be available until June 30, 1934, $21,000. RECONSTRUCTION FINANCE CORPORATION

Reconstruction Finance Corporation.

That paragraph (6) of section 201 (a) of the Emergency Relief

Ante, p. 20.

Post, pp. 120, 283.

and Construction Act of 1932 is amended so as to read as follows:

“(6) to make loans to nonprofit corporations, with or without

Loans for damage repairs, 1933.

capital stock, organized for the purpose of financing the repair or reconstruction of buildings damaged by earthquake, fire, tornado, or cyclone in the year 1933 and deemed by the Reconstruction Finance Corporation economically useful. Obligations accepted hereunder

Acceptable collateral.

Private property.

shall be collateraled (a) in the case of loans for the repair or reconstruction of private property, by the obligations of the owner of such property secured by a paramount lien except as to taxes and special assessments on the property repaired or reconstructed, and (b) in the case of municipalities or political subdivisions of States or their public agencies, by an obligation of such municipality,

Municipalities, etc.

political subdivision, or public agency. The corporation shall

Applications not to be denied by constitutional, etc., inhibitions.

not deny an otherwise acceptable application for loans for repair or reconstruction of the buildings of municipalities, political subdivisions, or their public agencies because of constitutional or other legal inhibitions affecting the collateral. The collateral obligations 100

Maturities; security.

may have maturities not exceeding ten years. Loans under this paragraph shall be fully and adequately secured. No loan hereunder

Limitation on aggregate amount.

shall be made after December 31, 1933. The aggregate of the loans made under this paragraph shall not exceed $5,000,000.” <num value="II" class="centered">TITLE II—</num> <heading class="inline"><sidenote>Judgments and authorized claims.</sidenote>JUDGMENTS AND AUTHORIZED CLAIMS</heading> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered"><sidenote>Damage claims.</sidenote>damage claims</heading> <num value="1"><inline class="smallCaps">Section</inline> 1. </num><sidenote>Payment of.</sidenote> <content class="inline">For the payment of claims for damages to or losses<sidenote>Vol. 42, p. 1066.</sidenote>of privately owned property adjusted and determined by the following respective departments under the provisions of the Act entitled<sidenote><ref href="/us/usc/p989">U.S.C., p. 989</ref>.</sidenote>“An Act to provide for a method for the settlement of claims arising against the Government of the United States in sums not exceeding$1,000 in any one case”, approved December 28, 1922 (U.S.C., title31, secs. 215–217), and certified to the Seventy-third Congress in a communication from the President of the United States to the President of the Senate, dated May 8, 1933, under the following departments, namely:<list> <listItem> <listContent class="indent1 fontsize10 depth0">Post Office Department, $4,227.38;</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">Treasury Department, $292.54;</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">In all, $4,519.92.</listContent> </listItem> </list> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">judgments, united states courts</heading> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num><sidenote>Payment of.</sidenote> <content class="inline"> For payment of the final judgment, including costs of suit, <sidenote>Vol. 24, p. 505.Vol. 36, p. 1138.<ref href="/us/usc/pp867/898/938">U.S.C., pp. 867, 898, 938</ref>.</sidenote>rendered under the provisions of the Act of March 3, 1887, entitled “An Act to provide for the bringing of suits against the Government of the United States”, as amended by the Judicial Code, approved <sidenote>Columbia Planograph Company.</sidenote>March 3, 1911 (U.S.C., title 28, sec. 41, par. 20; sec. 258; secs. 761–765), in favor of the Columbia Planograph Company, a corporation (Supreme Court of the District of Columbia, Law Number 76808), and certified (under the Department of Commerce) to the Seventy-third Congress in a communication from the President of the United States to the Speaker of the House of Representatives, <sidenote>Interest.</sidenote>dated April 27, 1933, $670, together with such additional sum as may be necessary to pay interest on such judgment at the rate of 4 per centum per annum from the date thereof until the time this appropriation is made. <sidenote>Judgments rendered by district courts.</sidenote>For the payment of judgments, including costs of suits, rendered against the Government of the United States by United States <sidenote>Vol. 43, p. 1112.<ref href="/us/usc/p1529">U.S.C., p. 1529</ref>.</sidenote>district courts under the provisions of an Act entitled “An Act authorizing suits against the United States in admiralty for damages caused by and salvage services rendered to public vessels belonging to the United States, and for other purposes”, approved March 3, 1925 (U.S.C., title 46, secs. 781–789), and certified to the Seventy-third Congress in communications from the President of the United States to the President of the Senate and the Speaker of the House of Representatives, dated May 8, 1933, and April 27, 1933, respectively, under the following departments, namely: <sidenote>The Delaware, Lackawanna, and Western Railroad Company.Collision damages.</sidenote>Navy Department: The Delaware, Lackawanna, and Western Railroad Company, (United States District Court, Eastern District of New York, March 23, 1933, damages due to collision between the ferryboat Orange and the United States ship Transfer), $1,561; <sidenote>Larney B. Shaw.</sidenote>Larney B. Shaw (United States District Court, Eastern District of Virginia, March 21, 1933, damages due to collision between the wooden barge Evelyn L. Shaw and the Navy barge YC–270), $1,500; in all under the Navy Department, $3,061. <page identifier="/us/stat/48/101">101</page> Treasury Department: Chester A. Poling, Incorporated (United<sidenote>Chester A. Poling, Incorporated.</sidenote> States District Court, Eastern District of New York, November 22, 1932, damages due to collision between the lighter Poling Brothers Numbered 1 and the Coast Guard vessel Trippe), $11,215.02; Seacoast<sidenote>Seacoast Trawling Company.</sidenote> Trawling Company (United States District Court, District of Massachusetts, March 6, 1933, damages due to collision between the fishing vessel Juneal and the Coast Guard patrol boat C.G. 212), $945.42; the city of New York (United States District Court, Southern District of New York, No. 98–207, March 17, 1933, damages due to collision between the Ferryboat Queens and the Coast Guard cutter Manhattan), $3,632.14; in all, under the Treasury Department, $15,792.58. Total, judgments under Public Vessels Act, $18,853.58, together<sidenote>Total, under Public Vessels Act.Interest.</sidenote> with such additional sum as may be necessary to pay interest on any such judgment where specified therein and at the rate provided by law. For the payment of the final judgment, including costs of suit,<sidenote>Kursheedt Manufacturing Company, collision damages.Vol. 44, p. 1464, 1793.</sidenote> rendered against the Government, under the provisions of the Acts of May 1, 1926 (44 Stat. 1464), and February 26, 1927 (44 Stat. 1793), transmitted to the Seventy-third Congress, first session, in a communication from the President of the United States, to the President of the Senate, dated May 8, 1933, in favor of the Kursheedt Manufacturing Company (United States District Court, Southern District of New York, Number 92–260, February 21, 1933, damages to cargo due to collision between steamship Almirante and steamship Hisko), under the Navy Department, $1,008.48. None of the judgments contained under this caption shall be paid<sidenote>Time of payment.</sidenote> until the right of appeal shall have expired except such as have become final and conclusive against the United States by failure of the parties to appeal or otherwise. </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">judgments, court of claims</heading><sidenote>Judgments, Court of Claims.</sidenote> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num> <content class="inline"> For the payment of the judgments rendered by the Court<sidenote>Payment of.</sidenote> of Claims as set forth in the schedule transmitted to the Seventy-third Congress, first session, in a communication from the President of the United States to the President of the Senate, dated May 8, 1933, under the following departments, namely: Navy Department: Peter G. Hale (February 6, 1933, L–423,<sidenote>Peter G. Hale.</sidenote>s allowance for dependent), $3,375.14. War Department: Hodgson Oil and Refining Company (March<sidenote>Hodgson Oil and Refining Company.</sidenote> 23, 1933, 17381, 17395, and 17398, sale of cotton linters), $29,843.25; Buckeye Cotton Oil Company (March 23, 1933, 17495, sale of cotton<sidenote>Buckeye Cotton Oil Company.Planters’ Cotton Oil Company.Planters’ Manufacturing Company.</sidenote> linters), $541,359.57; Planters’ Cotton Oil Company (March 23, 1933, 17385, sale of cotton linters), $36,197.29; Planters’ Manufacturing Company (March 23, 1933, 17442, sale of cotton linters), $33,057.71; Daniel DeBardeleben (February 6, 1933, 41824, difference in pay),<sidenote>Daniel DeBardeleben.Leland Oil Works.</sidenote> $974.89; Leland Oil Works (March 23, 1933, D–1095, sale of cotton linters), $52,592.46; Port Gibson Oil Works (March 23, 1933, D–1100,<sidenote>Port Gibson Oil Works.Pittsburgh and Midway Coal Mining Company.</sidenote> sale of cotton linters). $21,776.94; Pittsburgh and Midway Coal Mining Company (February 6, 1933, J–574, penalties deducted under purchase order for coal). $493.30; in all under War Department, $716,295.41. Total, judgments, Court of Claims, $719,670.55: <proviso> Provided, That<sidenote>Proviso.Time of payment.</sidenote> none of the judgments contained under this caption which have not been affirmed by the Supreme Court or otherwise become final and conclusive against the United States shall be paid until the expiration of the time within which application may be made for<sidenote>Vol. 43, p. 939.<ref href="/us/usc/p900">U.S.C., p. 900</ref>.</sidenote> a writ of certiorari under subdivision (b), section 3, of the Act <page identifier="/us/stat/48/102">102</page>entitled “An Act to amend the Judicial Code, and to further define the jurisdiction of the circuit courts of appeals and of the Supreme Court, and for other purposes”, approved February 13, 1925 (U.S.C., title 28, sec. 288)</proviso>. <sidenote>Interest,</sidenote>Payment of interest wherever provided for judgments contained in this Act shall not in any case continue for more than thirty days after the date of approval of the Act. </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><sidenote>Audited claims.</sidenote>AUDITED CLAIMS</heading> <num value="4"><inline class="smallCaps">Sec</inline>. 4. </num><sidenote>Payment of.</sidenote> <content class="inline">For the payment of the following claims, certified to be due by the General Accounting Office under appropriations the balances <sidenote>Vol. 18, p. 110.<ref href="/us/usc/p1022">U.S.C., p. 1022</ref>.</sidenote>of which have been carried to the surplus fund under the provisions of section 5 of the Act of June 20, 1874 (U.S.C., title 31, sec. 713), and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1930 and prior years, unless otherwise <sidenote>Vol. 23, p. 254.<ref href="/us/usc/p43">U.S.C., p. 43</ref>.</sidenote>stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884 (U.S.C., title 5, sec. 266), in the schedules transmitted to the Seventy-third Congress, first session, by the President of the United States in a communication to the President of the Senate, dated May 8, 1933, there is appropriated as follows:</content> </section> <appropriations level="small"> <heading><sidenote>Legislative establishment.</sidenote>legislative establishment</heading> <content>For public printing and binding, Government Printing Office, $59.70.</content> </appropriations> <appropriations level="small"> <heading><sidenote>Independent offices.</sidenote>independent offices</heading> <content> For Interstate Commerce Commission, $1.75. For medical and hospital services, Veterans’ Bureau, $4,715. For military and naval compensation, Veterans’ Administration, $178.44. For salaries and expenses, Veterans’ Bureau, $11.25. For vocational rehabilitation, Veterans’ Bureau, $108.40. For Army pensions, $95.71. </content> </appropriations> <appropriations level="small"> <heading><sidenote>Department of Agriculture.</sidenote>department of agriculture</heading> <content>For salaries and expenses, Bureau of Animal Industry, $28.62.</content> </appropriations> <appropriations level="small"> <heading><sidenote>Department of Commerce.</sidenote>department of commerce</heading> <content> For air-navigation facilities, $727.04. For enforcement of wireless communication laws, $31,924.27. For scientific library, Patent Office, $25. </content> </appropriations> <appropriations level="small"> <heading><sidenote>Department of the Interior.</sidenote>department of the interior</heading> <content> For general expenses, Bureau of Education, $2.75. For conservation of health among Indians, $75. For pay of Indian police, $43.78. </content> </appropriations> <appropriations level="small"> <heading><sidenote>Department of Justice.</sidenote>department of justice</heading> <content> For books, Department of Justice, $2.50. For detection and prosecution of crimes, $22.50. <page identifier="/us/stat/48/103">103</page> For salaries, fees, and expenses of marshals, United States courts,<sidenote>Audited claims—Continued.</sidenote> $427.02. For fees of commissioners, United States courts, $1,335.75. For fees of jurors and witnesses, United States courts, $6.40. For books for judicial officers, $127. For United States Penitentiary, Atlanta, Georgia, $94.47. </content> </appropriations> <appropriations level="small"> <heading>department of labor</heading><sidenote>Department of Labor.</sidenote> <content>For expenses of regulating immigration, $2,000.</content> </appropriations> <appropriations level="small"> <heading>navy department</heading><sidenote>Navy Department.</sidenote> <content> For engineering, Bureau of Engineering, $897.85. For pay of the Navy, $1,548.25. For pay, subsistence, and transportation, Navy, $2,635.48. For maintenance, Bureau of Supplies and Accounts, $12.50. For aviation, Navy, $7,000. For pay, Marine Corps, $80.54. </content> </appropriations> <appropriations level="small"> <heading>department of state</heading><sidenote>Department of State.</sidenote> <content> For relief and protection of American seamen, $27. For transportation of Foreign Service officers, $408.48. </content> </appropriations> <appropriations level="small"> <heading>treasury department</heading><sidenote>Treasury Department.</sidenote> <content> For salaries and wages, mint service, major institutions, $51.91. For collecting revenue from customs, $4. For enforcement of Narcotic and National Prohibition Acts, internal revenue, $150.02. For pay and allowances, Coast Guard, $3,975.22. For fuel and water, Coast Guard, $5. For Coast Guard, $855.06. For pay of other employees, Public Health Service, 75 cents. For pay of personnel and maintenance of hospitals, Public Health Service, $1.04. For field investigations of public health, $1. For furniture and repairs of same for public buildings, $12.36. For general expenses of public buildings, $1. For operating supplies for public buildings, $1.42. For repairs and preservation of public buildings, $1.19. For marine hospital, Carville, Louisiana, $120.86. </content> </appropriations> <appropriations level="small"> <heading>war department</heading><sidenote>War Department.</sidenote> <content> For pay, and so forth of the Army, $26,774.34. For pay of the Army, $10,906.83. For mileage of the Army, $37.50. For clothing and equipage, $42.71. For Army transportation, $41.31. For pay of National Guard for armory drills, $253.62. For supplies, services and transportation, Quartermaster Corps. $181.39. For subsistence of the Army, $6.75. For general appropriations, Quartermaster Corps, $956.14. For replacing ordnance and ordnance stores, $175.34. For replacing clothing and equipage, $1.12. <page identifier="/us/stat/48/104">104</page> <sidenote>Audited claims—Continued.</sidenote>For terminal storage and shipping buildings, $5,324.49. For registration and selection for military service, $448.70. For increase of compensation, Military Establishment, $2,437.49. For citizens’ military training camps, $1. For mileage to officers and contract surgeons, $36.99. For organized reserves, $51.33. For arrears of pay, bounty, and so forth, $84.93. for reserve officers’ training corps, $42. For pay, and so forth, of the Army, War with Spain, $15.52. For regular supplies of the Army, $941.65. For seacoast defenses, ordnance, $250.21. For arming, equipping, and training the National Guard, $195. For headstones for graves of soldiers, $1.47. <sidenote>Vol. 41, p. 607.</sidenote>For Rainy Lake reference (State transfer to War, Act May 21, 1920), $9.04. </content> </appropriations> <appropriations level="small"> <heading><sidenote>Post Office Department.Postal service.</sidenote>post office department—postal service</heading> <subheading class="centered">(Out of the postal revenues)</subheading> <content> For city delivery carriers, $87.16. For clerks, contract stations, $1.83. For clerks, first- and second-class post offices, $7.09. For foreign mail transportation, $51.43. For freight, express, or motor transportation of equipment, and so forth, 38 cents. For indemnities, domestic mail, $168.07. For indemnities, international mail, $36.66. For miscellaneous items, first- and second-class post offices, $60. For railroad transportation and mail-messenger service, $17.42. For rent, light, and fuel, $261.72. For separating mails, $249. For special delivery fees, $70.01. Total, audited claims, section 4, $110,030.92. </content> </appropriations> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec</inline>. 5. </num><sidenote>Claims certified by Accounting Office.</sidenote> <content class="inline">For the payment of the following claims, certified to be due by the General Accounting Office under appropriations the balances <sidenote>Vol. 18, p. 110.<ref href="/us/usc/p1022">U.S.C., p. 1022</ref>.</sidenote>of which have been carried to the surplus fund under the provisions of section 5 of the Act of June 20, 1874 (U.S.C., title 31, sec. 713), and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1930 and prior years, unless <sidenote>Vol. 23, p. 254.<ref href="/us/usc/p43">U.S.C., p. 43</ref>.</sidenote>otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884 (U.S.C., title 5, sec. 266), as set forth in the schedule transmitted to the Seventy-third Congress, first session, by the President of the United States in a communication to the President of the Senate, dated May 8, 1933, there is appropriated as follows:</content> </section> <appropriations level="small"> <heading><sidenote>Navy Department.</sidenote>navy department</heading> <content> For pay, subsistence, and transportation, Navy, $8,732.43. For pay of the Navy, $4,836.67. Total, audited claims, section 5, $13,569.10. </content> </appropriations> <level> <heading class="centered"><sidenote>Short title.</sidenote>SHORT TITLE</heading> <content>This Act may be cited as the “<shortTitle role="act">Third Deficiency Act, fiscal year 1933.</shortTitle>”</content> </level> Approved, May 29, 1933.

To authorize the Comptroller General to allow claim of district numbered 13, Choctaw County, Oklahoma, for payment of tuition for Indian pupils. Chapter 43 48 Stat. 105 1933-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 105 [CHAPTER 43.]

AN ACT To authorize the Comptroller General to allow claim of district numbered 13, Choctaw County, Oklahoma, for payment of tuition for Indian pupils.

May 29, 1933.

[S. 73.]

[Public, No. 27.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Comptroller

Choctaw County, Okla.

Claim of, for tuition of Indians, allowed.

Appropriation available.

Vol. 46, p. 293.

General is hereby authorized and directed to allow payment of claims of the public school district numbered 13, Choctaw County, Oklahoma, for tuition of Indian pupils during the fiscal year 1931, in the sum not to exceed $3,435.61 from the appropriation entitled “Indian Schools, Five Civilized Tribes, Oklahoma, 1931.”

Approved, May 29, 1933.

Granting the consent of Congress to a compact or agreement between the State of Kansas and the State of Missouri authorizing the acceptance for and on behalf of the States of Kansas and Missouri of title to a toll bridge across the Missouri River from a point in Platte County, Missouri, to a point at or near Kansas City, in Wyandotte County, Kansas, and specifying the conditions thereof. Chapter 44 48 Stat. 105 1933-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 44.]

JOINT RESOLUTION Granting the consent of Congress to a compact or agreement between the State of Kansas and the State of Missouri authorizing the acceptance for and on behalf of the States of Kansas and Missouri of title to a toll bridge across the Missouri River from a point in Platte County, Missouri, to a point at or near Kansas City, in Wyandotte County, Kansas, and specifying the conditions thereof.

May 29, 1933.

[H.J. Res. 159.]

[Pub. Res., No. 8.]

Whereas by an Act of Congress approved May 22, 1928, a franchise

Missouri River.

Consent granted to agreement by Kansas and Missouri for acceptance of bridge across.

Vol. 45, pp. 704, 1530; Vol. 46, p. 835.

was granted to the Interstate Bridge Company for the construction of a toll bridge across the Missouri River at or near Kansas City, Kansas, which has been extended by the Acts of March 2, 1929, and June 30, 1930, and which is now owned by the Regional Bridge Company, a corporation organized and existing under the laws of the State of Delaware, as assignee of the Interstate Bridge Company; and Whereas authority has been granted the State Highway Commission of Kansas by an act of the Legislature of the State of Kansas, approved March 24, 1933, and published in the official State paper on March 27, 1933, and to the State Highway Commission of Missouri by an identical act, mutatis mutandis, of the General Assembly of the State of Missouri, approved April 17, 1933, to include in the highway systems of the respective States of Kansas and Missouri any toll bridge across any river forming a common boundary between the two States; to join in entering into contracts with the owner of any such toll bridge and with the holders of any bonds issued in connection with the construction of such bridge, by the terms of which the State Highway Commissions of Kansas and Missouri shall maintain, operate, and insure such bridge, and fix and collect and apply tolls thereon, and shall construct, maintain, and operate as free State highways, approaches thereto, and shall make and treat as part of the highway system of their respective States such entire bridge and any part of such approaches lying within their respective States; and to accept conveyance of title to and ownership of any such bridge or part thereof situated within their respective States, subject to any encumbrance against any such bridge and pledge of its tolls previously executed; and Whereas Regional Bridge Company has obtained an agreement from the Reconstruction Finance Corporation of the United States to aid in financing the construction of a bridge under the franchise granted by the Act of May 22, 1928, and extensions thereof, under authority of the Act of Congress known as the “Emergency Relief and Construction Act of 1932”, by purchasing at par the bonds of Regional Bridge Company, secured by mortgage on such bridge, 106in the amount of $600,000, upon condition that certain requirements be met and agreed to by the States of Kansas and Missouri; and Whereas the Legislature of the State of Kansas and the General Assembly of the State of Missouri, to make effective the acts of their respective legislative bodies herein cited and to meet the requirements imposed by the Reconstruction Finance Corporation have each adopted the following resolution: Whereas Regional Bridge Company, a corporation organized and existing under the law’s of the State of Delaware, is the owner and holder of a franchise granted by the Congress of the United States to construct (according to plans approved by the War Department of the United States), maintain, and operate a toll bridge across the Missouri River from a point at or near Kansas City in Wyandotte County, Kansas, to a point in Platte County, Missouri; and Whereas Regional Bridge Company desires to commence the construction of such bridge as soon as the same is fully financed; and Whereas Reconstruction Finance Corporation of the United States has agreed with Regional Bridge Company to aid in financing the construction of such bridge, under authority of the Act of Congress known as the “Emergency Relief and Construction Act of 1932”, by purchasing at par the bonds of Regional Bridge Company, secured by mortgage on such bridge, in the amount of $600,000; but Whereas Reconstruction Finance Corporation has imposed certain requirements, to be met and agreed to by the States of Missouri and Kansas, as conditions precedent to its purchase of such bonds; and Whereas in as much as such bridge will form an important link in and improvement to the highway systems of the States of Missouri and Kansas, and will be of benefit and advantage to the citizens of both, and the public, and inasmuch as Regional Bridge Company, by resolution duly passed by the unanimous vote of its stockholders, has agreed to transfer and convey such bridge, free of cost, to the State Highway Commissions of Missouri and of Kansas, on behalf of such States of Missouri and Kansas, jointly, such conveyance to be made as soon as such mortgage shall have been properly recorded in both Missouri and Kansas, subject to the right of and duty upon Regional Bridge Company fully to complete the construction of such bridge, it is to the interest and benefit of the States of Missouri and Kansas, and the citizens of both, that the States of Missouri and Kansas meet and agree to the requirements of the Reconstruction Finance Corporation, as conditions precedent to the purchase of such bonds: Now, therefore

In consideration of the benefits and advantages accruing to the States of Missouri and Kansas, and the citizens of both, and in consideration of the adoption of this resolution by both the States of Missouri and Kansas, the States of Missouri and Kansas, hereby enter into the following compact and agreement:

Be it resolved by the Senate of the State of Kansas, the House of Representatives agreeing thereto:

Section 1.

Regional Bridge Company.

Construction of bridge by.

Regional Bridge Company, its successors and assigns, shall be, and it is hereby, authorized to construct, maintain, and operate such bridge across the Missouri River from a point at or near Kansas City, in Wyandotte County, Kansas, to a point in Platte County, Missouri, according to plans approved by the War 107Department of the United States; and the said States hereby authorize Regional Bridge Company to enter upon and use for the purpose of constructing, maintaining, and operating such bridge all necessary lands under water belonging to said States, and the fee to any lands so used shall upon such use be vested in such Regional Bridge Company:

Sec. 2. The State Highway Commission of Missouri and the

Acceptance by Kansas and Missouri.

State Highway Commission of Kansas shall be, and they are hereby, authorized and directed to accept, when tendered by Regional Bridge Company, conveyance of such bridge and franchise therefor to such State Highway Commission jointly, on behalf of the States of Missouri and Kansas. Such conveyance shall not be in assumption

Subject to mortgage.

of such mortgage, but shall expressly be subject to such mortgage, and to the right and duty upon Regional Bridge Company fully to complete the construction of such bridge.

Sec. 3. The State Highway Commission of Missouri and the State

Maintenance and operation.

Highway Commission of Kansas shall be, and they, and each of them, hereby are, authorized to maintain, operate, and insure such bridge

Collection of tolls.

and to fix and collect tolls thereon and apply such tolls, and to enter into any and all contracts with said Reconstruction Finance Corporation

Contracts with Reconstruction Finance Corporation.

or any other party or parties considered by said highway commissions, or either of them, to be necessary or expedient for or in connection with the proper maintenance, operation, and insurance of such bridge and such fixing, collection, and application of tolls thereon, and to incur joint and several obligations under such contracts; and to construct and maintain, and to enter into any contracts, severally, with said Reconstruction Finance Corporation or any other party or parties, considered by said highway commissions or either of them to be necessary or expedient, for or in connection with the construction and maintenance of approaches to such bridge and roadways leading thereto, lying within their respective States. And said highway commissions, and each of them, are further authorized

Bridge to be part of road systems of respective States.

to make and treat as a part of the State highway system of their respective States the entire such bridge and that portion of the approaches thereto lying within their respective States, and to enter into contracts with the Reconstruction Finance Corporation or any other party or parties in respect thereto.

Sec. 4. Neither the State of Kansas nor the State of Missouri,

Right to construct other bridges denied.

nor any department or political subdivision thereof, shall construct or cause to be constructed, or grant any right, privilege, or franchise for the construction of, any bridge, ferry, tunnel, or other competing facility across or under the Missouri River within a distance of five miles from said bridge, measured along the meanderings of the thread of the stream of the Missouri River, until the construction costs of said bridge, with interest thereon, shall have been fully paid.

Sec. 5. To the faithful observance of this compact and agreement

Pledge of good faith.

the States of Missouri and Kansas, by the adoption of this resolution, each pledges its good faith.

Sec. 6.

This compact and agreement shall be in force and take

When agreement effective.

effect from and after its adoption by the General Assembly of the State of Missouri, and approval by the Governor of Missouri, and its adoption by the Legislature of the State of Kansas, and approval by the Governor of Kansas, and publication in the official State paper of the State of Kansas, and upon its receiving the consent and approval of the Congress of the United States.

Therefore be it

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

That the consent of Congress

Consent of Congress given.

is hereby given to the aforesaid compact or agreement and 108to each and every term and provision thereof, and to all agreements to be made pursuant thereto by and between the said States or any agencies, commissions, or public or municipal bodies thereof: Provided,

Provisos.

Rights of United States.

That nothing herein contained shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States or of any court, department, board, bureau, officer, or official of the United States, over or in regard to any navigable waters, or any commerce between the States or with foreign countries, or any bridge, railroad highway, pier, wharf, or other facility or improvement, or any other person, matter, or thing, forming the subject matter of the aforesaid compact or agreement or otherwise affected

Amendment.

by the terms thereof: And provided further, That the right to alter, amend, or repeal this resolution or any part thereof is hereby expressly reserved.

Approved, May 29, 1933.

To authorize appropriations to pay in part the liability of the United States to the Indian pueblos herein named, under the terms of the Act of June 7, 1924, and the liability of the United States to non-Indian claimants on Indian pueblo grants whose claims, extinguished under the Act of June 7, 1924, have been found by the Pueblo Lands Board to have been claims in good faith; to authorize the expenditure by the Secretary of the Interior of the sums herein authorized and of sums heretofore appropriated, in conformity with the Act of June 7, 1924, for the purchase of needed lands and water rights and the creation of other permanent economic improvements as contemplated by said Act; to provide for the protection of the watershed within the Carson National Forest for the Pueblo de Taos Indians of New Mexico and others interested, and to authorize the Secretary of Agriculture to contract relating thereto and to amend the Act approved June 7, 1924, in certain respects. Chapter 45 48 Stat. 108 1933-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 45.]

AN ACT To authorize appropriations to pay in part the liability of the United States to the Indian pueblos herein named, under the terms of the Act of June 7, 1924, and the liability of the United States to non-Indian claimants on Indian pueblo grants whose claims, extinguished under the Act of June 7, 1924, have been found by the Pueblo Lands Board to have been claims in good faith; to authorize the expenditure by the Secretary of the Interior of the sums herein authorized and of sums heretofore appropriated, in conformity with the Act of June 7, 1924, for the purchase of needed lands and water rights and the creation of other permanent economic improvements as contemplated by said Act; to provide for the protection of the watershed within the Carson National Forest for the Pueblo de Taos Indians of New Mexico and others interested, and to authorize the Secretary of Agriculture to contract relating thereto and to amend the Act approved June 7, 1924, in certain respects.

May 31, 1933.

[H.R. 4014.]

[Public, No. 28.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Indian pueblos in New Mexico.

Payments authorized, in annual installments, United States’ liability to pueblos designated.

Vol. 43, p. 636.

Post, p. 277.

That in fulfillment of the Act of June 7, 1924 (43 Stat. 636), there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sums hereinafter set forth, in compensation to the several Indian pueblos hereinafter named, in payment of the liability of the United States to the said pueblos as declared by the Act of June 7, 1924, which appropriations shall be made in equal annual installments as hereinafter specified, and shall

To be expended in purchasing lands and water rights, to replace those divested from said pueblos.

be deposited in the Treasury of the United States and shall be expended by the Secretary of the Interior, subject to approval of the governing authorities of each pueblo in question, at such times and in such amounts as he may deem wise and proper; for the purchase of lands and water rights to replace those which have been

For construction, etc., of reservoirs, etc.

divested from said pueblo under the Act of June 7, 1924, or for the purchase or construction of reservoirs, irrigation works, or other permanent improvements upon or for the benefit of the lands of said pueblos.

Sec. 2.

Sums supplemental to awards by Pueblo Lands Board.

In addition to the awards made by the Pueblo Lands Board, the following sums, to be used as directed in section 1 of this Act, and in conformity with the Act of June 7, 1924, be, and hereby are, authorized to be appropriated:

Pueblos enumerated.

Pueblo of Jemez, $1,885; pueblo of Nambe, $47,439.50; pueblo of Taos, $84,707.09; pueblo of Santa Ana, $2,908.38; pueblo of Santo Domingo, $4,256.56; pueblo of Sandia, $12,980.62; pueblo of San Felipe, $14,954.53; pueblo of Isleta, $47,751.31; pueblo of Picuris, $66,574.40; pueblo of San Ildefonso, $37,058.28; pueblo of San Juan, $153,863.04; pueblo of Santa Clara, $181,114.19; pueblo of Cochiti, $37,826.37; pueblo of Pojoaque, $68,562.61; in all, $761,954.88: 109 Provided, however, That the Secretary of the Interior shall report

Proviso.

Errors, etc., to be reported.

back to Congress any errors or omissions in the foregoing authorizations measured by the present fair market value of the lands involved, as heretofore determined by the appraisals of said tracts by the appraisers appointed by the Pueblo Lands Board, with evidence supporting his report and recommendations.

Sec. 3.

Pursuant to the aforesaid Act of June 7, 1924, there is

Appropriation authorized for non-Indian claimants for lands dispossessed.

hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, a sum to compensate white settlers or non-Indian claimants who have been found by the Pueblo Lands Board, created under said Act of June 7, 1924, to have occupied and claimed land in good faith but whose claim has not been sustained and whose occupation has been terminated under said Act of June 7, 1924, for the fair market value of lands, improvements appurtenant thereto, and water rights. The non-Indian claimants, or their successors, as found and reported by said Pueblo Lands Board, to be compensated out of said appropriations to be disbursed under the direction of the Secretary of the Interior in the amounts due them as appraised by the appraisers appointed by said

Pueblos designated.

Pueblo Lands Board, as follows:

Within the pueblo of Tesuque, $1,094.64; within the pueblo of Nambe, $19,393.59; within the pueblo of Taos, $14,064.57; within the Tenorio Tract, Taos Pueblo, $43,165.26; within the pueblo of Santa Ana (El Ranchito grant), $846.26; within the pueblo of Santo Domingo, $66; within the pueblo of Sandia, $5,354.46; within the pueblo of San Felipe, $16,424.68; within the pueblo of Isleta, $6,624.45; within the pueblo of Picuris, $11,464.73; within the pueblo of San Ildefonso, $16,209.13; within the pueblo of San Juan, $19,938.22; within the pueblo of Santa Clara, $35,350.88; within the pueblo of Cochiti, $9,653.81; within the pueblo of Pojoaque, $1,767.26; within the pueblo of Laguna, $30,668.87; in all,

Proviso.

Errors, etc., to be reported.

$232,086.80: Provided, however, That the Secretary of the Interior shall report back to Congress any errors in the amount of award measured by the present fair market value of the lands involved and any errors in the omissions of legitimate claimants for award, with evidence supporting his report and recommendations.

Sec. 4.

That for the purpose of safeguarding the interests and

Pueblo de Taos.

Certain lands to be segregated for benefit of Indians.

welfare of the tribe of Indians known as the Pueblo de Taos of New Mexico in the certain lands hereinafter described, upon which lands said Indians depend for water supply, forage for their domestic livestock, wood and timber for their personal use and as the scene of certain of their religious ceremonials, the Secretary of Agriculture may and he hereby is authorized and directed to designate and segregate said lands, which shall not thereafter be subject to entry under the land laws of the United States, and to thereafter grant to said Pueblo de Taos, upon application of the governor and council thereof, a permit to occupy said lands and use the resources thereof for the personal use and benefit of said tribe of Indians for a period of fifty years, with provision for subsequent renewals if the use and occupancy by said tribe of Indians shall continue, the provisions of the permit are met and the continued protection of the watershed is

Established rights, etc., safeguarded.

required by public interest. Such permit shall specifically provide for and safeguard all rights and equities hitherto established and enjoyed by said tribe of Indians under any contracts or agreements hitherto existing, shall authorize the free use of wood, forage, and lands for the personal or tribal needs of said Indians, shall define the conditions under which natural resources under the control of

Natural resources, not needed, available for commercial use.

the Department of Agriculture not needed by said Indians shall be made available for commercial use by the Indians or others, and 110

Supervision.

shall establish necessary and proper safeguards for the efficient supervision and operation of the area for national forest purposes and all other purposes herein stated, the area referred to being described as follows:

Area described.

Beginning at the northeast corner of the Pueblo de Taos grant, thence northeasterly along the divide between Rio Pueblo de Taos and Rio Lucero and along the divide between Rio Pueblo de Taos and Red River to a point a half mile east of Rio Pueblo de Taos; thence southwesterly on a line half mile east of Rio Pueblo de Taos and parallel thereto to the northwest corner of township 25 north, range 15 east; thence south on the west boundary of township 25 north, range 15 east, to the divide between Rio Pueblo de Taos and Rio Fernandez de Taos; thence westerly along the divide to the east boundary of the Pueblo de Taos grant; thence north to the point of beginning; containing approximately thirty thousand acres, more or less.

Sec. 5.

Protection of purchases, etc.

Except as otherwise provided herein the Secretary of the Interior shall disburse and expend the amounts of money herein authorized to be appropriated, in accordance with and under the

Provisos.

Surveys and investigations to be made.

terms and conditions of the Act approved June 7, 1924: Provided, however, That the Secretary be authorized to cause necessary surveys and investigations to be made promptly to ascertain the lands and water rights that can be purchased out of the foregoing appropriations and earlier appropriations made for the same purpose, with

Purchases not limited to appraised values.

full authority to disburse said funds in the purchase of said lands and water rights without being limited to the appraised values thereof as fixed by the appraisers appointed by the Pueblo Lands Board appointed under said Act of June 7, 1924, and all prior Acts limiting the Secretary of the Interior in the disbursement of said funds to the appraised value of said lands as fixed by said appraisers of said Pueblo Lands Board be, and the same are, expressly repealed:

Securing options, abstracts of title, etc.

Provided further, That the Secretary of the Interior be, and he is hereby, authorized to disburse a portion of said funds for the purpose of securing options upon said lands and water rights and necessary abstracts of title thereof for the necessary period required to investigate titles and which may be required before disbursement

Purchase of available lands before issue of final patents in certain cases.

can be authorized: Provided further, That the Secretary of the Interior be, and he is hereby, authorized, out of the appropriations of the foregoing amounts and out of the funds heretofore appropriated for the same purpose, to purchase any available lands within the several pueblos which in his discretion it is desirable to purchase, without waiting for the issuance of final patents directed to be issued under the provisions of the Act of June 7, 1924, where the right of

Disbursements subject to approval of pueblo affected.

said pueblos to bring independent suits, under the provisions of the Act of June 7, 1924, has expired: Provided further, That the Secretary of the Interior shall not make any expenditures out of the pueblo funds resulting from the appropriations set forth herein,, or prior appropriations for the same purpose, without first obtaining the

Initiating land purchases by pueblo.

approval of the governing authorities of the pueblo affected: And provided further, That the governing authorities of any pueblo may initiate matters pertaining to the purchase of lands in behalf of their respective pueblos, which matters, or contracts relative thereto, will not be binding or concluded until approved by the Secretary of the Interior.

Sec. 6.

Right to prosecute independent suits not abridged.

Vol. 43, p. 637.

Nothing in this Act shall be construed to prevent any pueblo from prosecuting independent suits as authorized under section 4 of the Act of June 7, 1924. The Secretary of the Interior is authorized to enter into contract with the several Pueblo Indian tribes, affected by the terms of this Act, in consideration of the 111authorization of appropriations contained in section 2 hereof, providing for the dismissal of pending and the abandonment of contemplated original proceedings, in law or equity, by, or in behalf of said Pueblo Indian tribes, under the provisions of section 4 of the

Pueblo may elect to accept authorized compensation.

Act of June 7, 1924 (43 Stat. L. 636), and the pueblo concerned may elect to accept the appropriations herein authorized, in the sums herein set forth, in full discharge of all claims to compensation under the terms of said Act, notifying the Secretary of the Interior in writing of its election so to do: Provided, That if said election by

Provisos.

Independent suits.

Filing if election not made.

said pueblo be not made, said pueblo shall have one year from the date of the approval of this Act within which to file any independent suit authorized under section 4 of the Act of June 7, 1924, at the expiration of which period the right to file such suit shall expire by limitation: And provided further, That no ejectment suits shall

Ejectment suits against non-Indians.

be filed against non-Indians entitled to compensation under this Act, in less than six months after the sums herein authorized are appropriated.

Sec. 7. Section 16 of the Act approved June 7, 1924, is hereby

Vol. 43, p. 641, amended.

amended to read as follows:

“Sec. 16. That if the Secretary of the Interior deems it to be for

Lands recovered from non-Indians may be resold.

the best interest of the Indians that any land adjudged by the court or said Lands Board against any claimant be sold, he may, with the consent of the governing authorities of the pueblo, order the sale thereof, under such regulations as he may make, to the highest bidder for cash; and if the buyer thereof be other than the losing claimant, the purchase price shall be used in paying to such losing claimant the adjudicated value of the improvements aforesaid, if found under the provisions of section 15 hereof, and the balance thereof, if any, shall be paid over to the proper officer, or officers, of the Indian community, but if the buyer be the losing claimant, and the value of his improvements has been adjudicated as aforesaid, such buyer shall be entitled to have credit upon his bid for the value of such improvements so adjudicated.”

Sec. 8. The attorney or attorneys for such Indian tribe or tribes

Attorneys’ fees.

shall be paid such fee as may be agreed upon by such attorney or attorneys and such Indian tribe or tribes, but in no case shall the fee

Limitation.

be more than 10 per centum of the sum herein authorized to be appropriated for the benefit of such tribe or tribes, and such attorney’s fees shall be disbursed by the Secretary of the Interior in accordance herewith out of any funds appropriated for said Indian tribe or tribes under the provisions of the Act of June 7, 1924 (43

Proviso.

Future services.

Stat. L. 636), or this Act: Provided however, That 25 per centum of the amount agreed upon as attorneys’ fees shall be retained by the Secretary of the Interior to be disbursed by him under the terms of the contract, subject to approval of the Secretary of the Interior, between said attorneys and said Indian tribes, providing for further services and expenses of said attorneys in furtherance of the objects set forth in section 19 of the Act of June 7, 1924.

Sec. 9. Nothing herein contained shall in any manner be construed

Water rights not subject to loss through nonuse, etc.

to deprive any of the Pueblo Indians of a prior right to the use of water from streams running through or bordering on their respective pueblos for domestic, stock-water, and irrigation purposes for the lands remaining in Indian ownership, and such water rights shall not be subject to loss by nonuse or abandonment thereof as long as title to said lands shall remain in the Indians.

Sec. 10. The sums authorized to be appropriated under the terms

Compensation to be made in three annual installments.

Ante, p. 108.

and provisions of section 2 of this Act shall be appropriated in three annual installments, beginning with the fiscal year 1937.

Approved, May 31, 1933.

Authorizing a per capita payment of $100 to the members of the Menominee Tribe of Indians of Wisconsin from funds on deposit to their credit in the Treasury of the United States. Chapter 46 48 Stat. 112 1933-06-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 112 [CHAPTER 46.]

AN ACT Authorizing a per capita payment of $100 to the members of the Menominee Tribe of Indians of Wisconsin from funds on deposit to their credit in the Treasury of the United States.

June 3, 1933.

[H.R. 4494.]

[Public, No. 29.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Menominee Indians of Wisconsin.

Per capita payments to, from tribal funds.

That the Secretary of the Interior be, and he is hereby, authorized to withdraw from the fund in the Treasury of the United States on deposit to the credit of the Menominee Indians in the State of Wisconsin a sufficient sum to make therefrom a per capita payment or distribution of $100, in three installments, $50 immediately upon passage of this Act, $25 on or about October 15, 1933, and $25 on or about January 15, 1934, to each of the living members on the tribal roll of the Menominee Tribe of Indians of the State of Wisconsin, under such rules and regulations as the said Secretary may prescribe.

Approved, June 3, 1933.

Authorizing the Secretary of War to receive for instruction at the United States Military Academy at West Point, Posheng Yen, a citizen of China. Chapter 47 48 Stat. 112 1933-06-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 47.]

JOINT RESOLUTION Authorizing the Secretary of War to receive for instruction at the United States Military Academy at West Point, Posheng Yen, a citizen of China.

June 5, 1933.

[S.J. Res. 48.]

[Pub. Res., No. 9.]

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

Posheng Yen, a citizen of China.

Admitted to Military Academy.

That the Secretary of War be, and he is hereby, authorized to permit Posheng Yen to receive instruction at the United States Military Academy at West Point

Provisos.

No Federal expense.

Conditions.

for the course beginning not later than July 1, 1934: Provided, That no expense shall be caused to the United States thereby, and that Posheng Yen shall agree to comply with all regulations for the police and discipline of the Academy, to be studious, and to give his utmost efforts to accomplish the courses in the various departments of instruction, and that said Posheng Yen shall not be admitted to the Academy until he shall have passed the mental and physical examinations prescribed for candidates from the United States, and that he shall be immediately withdrawn if deficient in studies or in

Oath and service, waived.

R.S., secs. 1320, 1321, p. 227.

conduct and so recommended by the Academic Board: Provided further, That in the case of said Posheng Yen the provisions of sections 1320 and 1321 of the Revised Statutes shall be suspended:

Existing law repealed.

Vol. 47, p. 1546.

Provided further, That S.J. Res. 179, approved March 3, 1933, be, and the same is hereby, repealed.

Approved, June 5, 1933.

To assure uniform value to the coins and currencies of the United States. Chapter 48 48 Stat. 112 1933-06-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 48.]

JOINT RESOLUTION To assure uniform value to the coins and currencies of the United States.

June 5, 1933.

[H.J. Res. 192.]

[Pub. Res., No. 10.]

Whereas the holding of or dealing in gold affect the public interest, and are therefore subject to proper regulation and restriction; and

Uniform value of coins and currencies.

Preamble.

Whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin or currency of the United States, or in an amount in money of the United States measured thereby, obstruct the power of the Congress to regulate the value of the money of the United States, and are inconsistent with the declared policy of the Congress to maintain at all times the equal power of every dollar, coined or issued by the United States, in the markets and in the payment of debts. Now, therefore, be it 113 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That (a) every

Clauses in obligations requiring gold, etc., payments declared contrary to public policy.

provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public

No future obligation to be so expressed.

policy; and no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation,

Payments to be made in legal tender.

heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts.

Conflicting provisions repealed.

U.S.C. p. 1003.

Other provisions not invalidated.

Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States, is hereby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law. (b) As used in this resolution, the term “obligation” means an

Term “obligation” defined.

obligation (including every obligation of and to the United States, excepting currency) payable in money of the United States; and the term “coin or currency” means coin or currency of the United

“Coin or currency.”

States, including Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations.

Sec. 2. The last sentence of paragraph (1) of subsection (b) of

National Economic Emergency Act, amended.

Ante, p. 52.

section 43 of the Act entitled “An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes”, approved May 12, 1933, is amended to read as follows:

“All coins and currencies of the United States (including Federal

Coins and currencies as legal tender.

Reserve notes and circulating notes of Federal Reserve banks and national banking associations) heretofore or hereafter coined or issued, shall be legal tender for all debts, public and private, public charges, taxes, duties, and dues, except that gold coins, when

Abrased gold coins, according to weight.

below the standard weight and limit of tolerance provided by law for the single piece, shall be legal tender only at valuation in proportion to their actual weight.”

Approved, June 5, 1933, 4.40 p.m.

To provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes. Chapter 49 48 Stat. 113 1933-06-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 49.]

AN ACT To provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes.

June 6, 1933.

[S. 510.]

[Public, No. 30.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That (a) in order

National cooperative employment service.

United States Employment Service created in Department of Labor.

to promote the establishment and maintenance of a national system of public employment offices there is hereby created in the Department of Labor a bureau to be known as the United States Employment Service, at the head of which shall be a director. The director

Appointment, etc., of Director.

shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive a salary at the rate of $8,500 per annum. (b) Upon the expiration of three months after the enactment of

Existing service to be abolished; personnel and property transferred.

this Act the employment service now existing in the Department of Labor shall be abolished; and all records, files, and property (including office equipment) of the existing employment service 114shall thereupon be transferred to the United States Employment

No salary, etc., changes.

Service; and all the officers and employees of such service shall thereupon be transferred to the United States Employment Service created by this Act without change in classification or compensation.

Sec. 2.

Assistant directors, officers, etc.

Not subject to civil service nor Classification Acts.

Vol. 42, p. 1488; U.S.C., p. 65; Supp. VI, p. 31.

Other expenditures authorized.

The Secretary of Labor is authorized, without regard to the civil service laws, to appoint and, without regard to the Classification Act of 1923, as amended, to fix the compensation of one or more assistant directors and such other officers, employees, and assistants, and to make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere and for law books, books of reference, and periodicals) as may be necessary

Veteran employment service.

Appointments in.

to carry out the provisions of this Act. In case of appointment’s for service in the veterans’ employment service provided for in section 3 of this Act, the Secretary shall appoint only veterans of wars of the United States.

Sec. 3.

Duty etc., of bureau to develop national employment, etc.

(a) It shall be the province and duty of the bureau to promote and develop a national system of employment offices for men, women, and juniors who are legally qualified to engage in

Veterans agencies.

gainful occupations, to maintain a veterans’ service to be devoted to securing employment for veterans, to maintain a farm placement service, to maintain a public employment service for the District of Columbia and, in the manner hereinafter provided, to assist in establishing and maintaining systems of public employment offices in the several States and the political subdivisions thereof in which

To assist in coordinating employment offices, etc.

there shall be located a veterans’ employment service. The bureau shall also assist in coordinating the public employment offices throughout the country and in increasing their usefulness by developing and prescribing minimum standards of efficiency, assisting them in meeting problems peculiar to their localities, promoting uniformity in their administrative and statistical procedure, furnishing and publishing information as to opportunities for employment and other information of value in the operation of the system, and maintaining a system for clearing labor between the several States. (b)

Hawaii and Alaska included.

Whenever in this Act the word “State” or “States” is used it shall be understood to include the Territories of Hawaii and Alaska.

Sec. 4.

State action to obtain benefits.

In order to obtain the benefits of appropriations apportioned under section 5, a State shall, through its legislature, accept the provisions of this Act and designate or authorize the creation of a State agency vested with all powers necessary to cooperate with the United States Employment Service under this Act.

Sec. 5.

Appropriation for fiscal year 1934; thereafter.

Post, p. 278.

(a) For the purpose of carrying out the provisions of this Act there is hereby authorized to be appropriated (1) the sum of $1,500,000 for the fiscal year ending June 30, 1934, (2) $4,000,000 for each fiscal year thereafter up to and including the fiscal year ending June 30, 1938, (3) and thereafter such sums annually as the Congress may deem necessary. Seventy-five per

Apportionment among States.

centum of the amounts appropriated under this Act shall be apportioned by the director among the several States in the proportion which their population bears to the total population of the States of the United States according to the next preceding United States

Use in establishing, etc., public employment offices.

census, to be available for the purpose of establishing and maintaining systems of public employment offices in the several States and the political subdivisions thereof in accordance with the provisions

Payments to States.

Restriction on.

of this Act. No payment shall be made in any year out of the amount of such appropriations apportioned to any State until an equal sum has been appropriated or otherwise made available for that year by the State, or by any agency thereof, including 115appropriations made by local subdivisions, for the purpose of maintaining public employment offices as a part of a State-controlled system of public employment offices; except that the amounts so appropriated by the State shall not be less than 25 per centum of the apportionment according to population made by the director for

Minimum.

such State for the current year, and in no event less than $5,000. The balance of the amounts appropriated under this Act shall be

Administration, etc., expenses.

available for all the purposes of this Act other than for apportionment among the several States as herein provided. (b) The amounts apportioned to any State for any fiscal year

Apportionments available through succeeding fiscal year; exception.

shall be available for payment to and expenditure by such State, for the purposes of this Act, until the close of the next succeeding fiscal year; except that amounts apportioned to any State for any fiscal year preceding the fiscal year during which is commenced the first regular session of the legislature of such State held after the enactment of this Act shall remain available for payment to and expenditure by such State until the close of the fiscal year next succeeding that in which such session is commenced. Subject to the

Reapportionment of unexpended balances.

foregoing limitations, any amount so apportioned unexpended at the end of the period during which it is available for expenditure under this Act shall, within sixty days thereafter, be reapportioned for the current fiscal year among all the States in the same manner and on the same basis, and certified to the Secretary of the Treasury and treasurers of the States in the same manner, as if it were being apportioned under this Act for the first time.

Sec. 6. Within sixty days after any appropriation has been made

Certification of apportionments.

under authority of this Act the director shall make the apportionment thereof as provided in section 5 and shall certify to the Secretary of the Treasury and to the treasurers of the several States the amount apportioned to each State for the fiscal year for which the appropriation has been made.

Sec. 7. Within sixty days after any appropriation has been made

Director to ascertain measures taken by States.

under the authority of this Act, and as often thereafter while such appropriation remains available as he deems advisable, the director shall ascertain as to each of the several States (1) whether the State has, through its legislature or its governor, as the case may be, accepted the provisions of this Act and designated or authorized the creation of an agency to cooperate with the United States Employment Service in the administration of this Act in compliance with the provisions of section 4 of this Act; and (2) the amounts,

Funds made available by States, etc.

if any, which have been appropriated or otherwise made available by such State and by any agency thereof, including appropriations made by local subdivisions, in compliance with the provisions of section 5 of this Act. If the director finds that a State has complied

Director to certify to Treasury on compliance by States.

with the requirements of such sections, and if plans have been submitted and approved in compliance with the provisions of section 8 of this Act, the director shall determine the amount of the payments, if any, to which the State is entitled under the provisions of section 5, and certify such amount to the Secretary of the Treasury.

Certificate to be sufficient warrant.

Such certificate shall be sufficient authority to the Secretary of the Treasury to make payments to the State in accordance therewith.

Sec. 8. Any State desiring to receive the benefits of this Act shall,

States to submit details for making provisions effective.

by the agency designated to cooperate with the United States Employment Service, submit to the director detailed plans for carrying out the provisions of this Act within such State. In those States

State providing vocational rehabilitation.

where a State board, department, or agency exists which is charged with the administration of State laws for vocational rehabilitation of physically handicapped persons, such plans shall include provision for cooperation between such board, department, or agency and 116the agency designated to cooperate with the United States Employment

Approval if plans conform to provisions of Act.

Service under this Act. If such plans are in conformity with the provisions of this Act and reasonably appropriate and adequate to carry out its purposes, they shall be approved by the director and due notice of such approval shall be given to the State agency.

Sec. 9.

State agencies to report operations, etc.

Each State agency cooperating with the United States Employment Service under this Act shall make such reports concerning its operations and expenditures as shall be prescribed by the

Efficiency of office to be ascertained by director.

director. It shall be the duty of the director to ascertain whether the system of public employment offices maintained in each State is conducted in accordance with the rules and regulations and the standards of efficiency prescribed by the director in accordance with

Revocation, etc., of certificate.

the provisions of this Act. The director may revoke any existing certificates or withhold any further certificate provided for in section 7, whenever he shall determine, as to any State, that the cooperating State agency has not properly expended the moneys paid to it or the moneys herein required to be appropriated by such State, in

Notice required.

accordance with plans approved under this Act. Before any such certificate shall be revoked or withheld from any State, the director shall give notice in writing to the State agency stating specifically wherein the State has failed to comply with such plans. The State

Appeal to Secretary of Labor allowed.

agency may appeal to the Secretary of Labor from the action of the director in any such case, and the Secretary of Labor may either affirm or reverse the action of the director with such directions as he shall consider proper.

Sec. 10.

Expenditures in State by Director.

During the current fiscal year and the two succeeding fiscal years the Director is authorized to expend in any State so much of the sum apportioned to such State according to population, and so much of the unapportioned balance of the appropriation made under the provisions of section 5 as he may deem necessary, as follows: (a)

To establish State system of employment.

In States where there is no State system of public employment offices, in establishing and maintaining a system of public employment offices under the control of the Director. (b)

When State system exists, but cooperative requirements not met.

Ante, p. 114.

In States where there is a State system of public employment offices, but where the State has not complied with the provisions of section 4, in establishing a cooperative Federal and State system of public employment offices to be maintained by such officer or board and in such manner as may be agreed upon by and between the Governor of the State and the Director.

Termination of authority to extend benefits.

The authority contained in this section shall terminate at the expiration of the period specified in the first paragraph of this section, and thereafter no assistance shall be rendered such States until the legislatures thereof provide for cooperation with the United States Employment Service as provided in section 4 of this Act.

Sec. 11

Federal Advisory Council.

Composition, purposes, etc.

(a) The director shall establish a Federal Advisory Council composed of men and women representing employers and employees in equal numbers and the public for the purpose of formulating policies and discussing problems relating to employment and insuring impartiality, neutrality, and freedom from political influence

Appointment, without pay.

in the solution of such problems. Members of such council shall be selected from time to time in such manner as the director shall prescribe and shall serve without compensation, but when

Travel and subsistence allowed.

attending meetings of the council they shall be allowed necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law for civilian employees

Access to files, records, etc.

in the executive branch of the Government. The council shall have access to all files and records of the United States Em-117ployment Service. The director shall also require the organization

State councils to be organized.

of similar State advisory councils composed of men and women representing employers and employees in equal numbers and the public. (b) In carrying out the provisions of this Act the director is

Notices of strikes, etc.

authorized and directed to provide for the giving of notice of strikes or lockouts to applicants before they are referred to employment.

Sec. 12. The director, with the approval of the Secretary of

Rules to be prescribed.

Labor, is hereby authorized to make such rules and regulations as may be necessary to carry out the provisions of this Act.

Sec. 13. The Postmaster General is hereby authorized and directed

Franking privilege extended.

to extend to the United States Employment Service and to the system of employment offices operated by it in conformity with the provisions of this Act, and to all State employment systems which receive funds appropriated under authority of this Act, the privilege of free transmission of official mail matter.

Approved, June 6, 1933.

To amend the Act approved July 3, 1930 (46 Stat. 1005), authorizing commissioners or members of international tribunals to administer oaths, and so forth. Chapter 50 48 Stat. 117 1933-06-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 50.]

AN ACT To amend the Act approved July 3, 1930 (46 Stat. 1005), authorizing commissioners or members of international tribunals to administer oaths, and so forth.

June 7, 1933.

[S. 1581.]

[Public, No. 31.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act of

Testimony before International tribunals.

Vol. 46, p. 1005, amended.

Post, p. 279.

July 3, 1930 (46 Stat. 1005), authorizing commissioners or members of international tribunals to administer oaths, and so forth, be, and the same is hereby, amended by adding at the end thereof the following additional sections:

“Sec. 5. That the agent of the United States before any international

Authority of United States agent.

tribunal or commission, whether previously or hereafter established, in which the United States participates as a party whenever he desires to obtain testimony or the production of books and papers by witnesses may apply to the United States district court for the district in which such witness or witnesses reside or may be found, for the issuance of subpoenas to require their attendance and testimony

Application for issue of subpoenas.

before the United States district court for that district and the production therein of books and papers, relating to any matter or claim in which the United States on its own behalf or on behalf of any of its nationals is concerned as a party claimant or respondent before such international tribunal or commission.

“Sec. 6. That any United States district court to which such

District courts to enforce compliance.

application shall be made shall have authority to issue or cause to be issued such subpoenas upon the same terms as are applicable to the issuance of subpoenas in suits pending in the United States district court, and the clerk thereof shall have authority to administer oaths respecting testimony given therein, and the marshal thereof shall

Service of writ.

serve such subpoenas upon the person or persons to whom they are directed. The hearing of witnesses and taking of their testimony

Hearings before court.

and the production of books and papers pursuant to such subpoenas shall be before the United States district court for that district or before a commissioner or referee appointed by it for the taking of such testimony, and the examination may be oral or upon written

Examinations.

interrogatories and may be conducted by the agent of the United States or his representative. Reasonable notice thereof shall be

Reasonable notice to opposing governments.

given to the agent or agents of the opposing government or governments concerned in such proceedings who shall have the right to be 118present in person or by representative and to examine or cross-examine

Certified transcript to agents of both parties.

such witnesses at such hearing. A certified transcript of such testimony and any proceedings arising out of the issuance of such subpoenas shall be forwarded by the clerk of the district court to the agent of the United States and also to the agent or agents of the opposing government or governments, without cost.

“Sec. 7.

Perjury.

Punishment for.

That every person knowingly or willfully swearing or affirming falsely in any testimony taken in response to such subpoenas shall be deemed guilty of perjury, and shall, upon conviction thereof, suffer the penalty provided by the laws of the United States for that

Failure to comply with subpoena deemed contempt.

offense when committed in its courts of justice. Any failure to attend and testify as a witness or to produce any book or paper which is in the possession or control of such witness, pursuant to such subpoena, may be regarded as a contempt of the court and shall be punishable as a contempt by the United States district court in the same manner as is provided by the laws of the United States for that offense in any other proceedings in its courts of justice.

“Sec. 8.

Jurisdiction of D.C. Supreme Court.

For the purposes of sections 5, 6, and 7 of this Act, the Supreme Court of the District of Columbia shall be considered to be a district court of the United States.”

Approved, June 7, 1933.

To amend an Act (Public, Numbered 431, Seventy-second Congress) to identify The Dalles Bridge Company. Chapter 51 48 Stat. 118 1933-06-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 51.]

AN ACT To amend an Act (Public, Numbered 431, Seventy-second Congress) to identify The Dalles Bridge Company.

June 9, 1933.

[S. 1278.]

[Public, No. 32.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

The Dalles Bridge Company.

Identification of.

Vol. 47, p. 1552, amended.

That an Act to authorize the construction of certain bridges over navigable waters of the United States, approved March 4, 1933 (Public, Numbered 431, Seventy-second Congress), be amended by adding to section 2a the words “a Washington corporation”, immediately following the words “The Dalles Bridge Company.”

Approved, June 9, 1933.

To extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Owensboro, Kentucky. Chapter 52 48 Stat. 118 1933-06-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 52.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Owensboro, Kentucky.

June 9, 1933.

[S. 1815.]

[Public, No. 33.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Ohio River.

Time extended for bridging at Owensboro, Ky.

Vol. 47, p. 291, amended.

That the times for commencing and completing the construction of a bridge across the Ohio River at or near Owensboro, Kentucky, authorized to be built by the State Highway Commission of Kentucky by an Act of Congress approved June 9, 1932, are hereby extended one and three years, respectively, from June 9, 1933.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 9, 1933.

Amending section 1 of the Act entitled “An Act to provide for stock-raising homesteads, and for other purposes”, approved December 29, 1916 (ch. 9, par. 1, 39 Stat. 862), and as amended February 28, 1931 (ch. 328. 46 Stat. 1454). Chapter 53 48 Stat. 119 1933-06-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 119 [CHAPTER 53.]

AN ACT Amending section 1 of the Act entitled “An Act to provide for stock-raising homesteads, and for other purposes”, approved December 29, 1916 (ch. 9, par. 1, 39 Stat. 862), and as amended February 28, 1931 (ch. 328. 46 Stat. 1454).

June 9, 1933.

[S. 604.]

[Public, No. 34.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 1 of

Public lands.

Stockraising homestead entries.

Vol. 39, p. 862; Vol. 46, p. 1454.

U.S.C., p. 1348; Supp. VI, p. 778.

the Act entitled “An Act to provide for stock-raising homesteads, and for other purposes”, approved December 29, 1916 (ch. 9, par. 1, 39 Stat. 862), and as amended February 28, 1931 (ch. 328, 46 Stat. 1454), be amended to read as follows:

“From and after December 29, 1916, it shall be lawful for any

Entry on unappropriated, etc., lands.

person qualified to make entry under the homestead laws of the United States to make a stock-raising homestead entry for not exceeding six hundred and forty acres of unappropriated unreserved

Area.

public lands in reasonably compact form: Provided, however, That

Provisos.

Classification of lands.

Oil and gas lands available.

the land so entered shall theretofore have been designated by the Secretary of the Interior as ‘stock-raising lands’: Provided further, That for the purposes of this section lands withdrawn or reserved solely as valuable for oil or gas shall not be deemed to be appropriated or reserved: Provided further, That the provisions of this

Naval petroleum reserves, etc., excluded.

section shall not apply to naval petroleum reserves and naval oil-shale reserves: And provided further, That should said lands be within

Lands within geological structure.

the limits of the geological structure of a producing oil or gas field entry can only be allowed, in the discretion of the Secretary of the Interior, in the absence of objection after due notice by the lessee or permittee, and any patent therefor shall contain a reservation to the United States of all minerals in said lands and the right to prospect for, mine, and remove the same.”

Approved, June 9, 1933.

To authorize the Reconstruction Finance Corporation to subscribe for preferred stock and purchase the capital notes of insurance companies, and for other purposes. Chapter 55 48 Stat. 119 1933-06-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 55.]

AN ACT To authorize the Reconstruction Finance Corporation to subscribe for preferred stock and purchase the capital notes of insurance companies, and for other purposes.

June 10, 1933.

[S. 1094.]

[Public, No. 35.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That during the

Insurance companies.

Reconstruction Finance Corporation may subscribe to non-assessable preferred stock of; make loans to.

Ante, p. 1.

continuance of the existing emergency heretofore recognized by Public No. 1 of the 73d Congress or until this Act shall be declared no longer operative by proclamation of the President, and notwithstanding any other provision of any other law, if, in the opinion of the Secretary of the Treasury, any insurance company of any State of the United States is in need of funds for capital purposes either in connection with the organization of such company or otherwise, he may, with the approval of the President, request the Reconstruction

Approval of President required.

Finance Corporation to subscribe for preferred stock of any class, exempt from assessment or additional liability, in such insurance company, or to make loans secured by such stock as collateral, and the Reconstruction Finance Corporation may comply with such request. The Reconstruction Finance Corporation may,

Subsequent resale authorized.

with the approval of the Secretary of the Treasury and under such rules and regulations as he may prescribe, sell in the open market the whole or any part of the preferred stock of any such insurance company acquired by the corporation pursuant to this section. The

Restriction on total face value of Corporation’s holdings.

total face amount of loans outstanding, preferred stock subscribed for, and capital notes purchased and held by the Reconstruction 120Finance Corporation, under the provisions of this section and section

Amount of obligations authorized to issue, increased. Vol. 47, p. 9.

2, shall not exceed at any one time $50,000,000, and the amount of notes, bonds, debentures, and other such obligations which the Reconstruction Finance Corporation is authorized and empowered to issue and to have outstanding at any one time under existing law is hereby increased by an amount sufficient to carry out the provisions of this section and section 2.

Sec. 2.

Purchase of notes, when State laws prohibit preferred-stock issues, etc.

In the event that any such insurance company shall be incorporated under the laws of any State which does not permit it to issue preferred stock, exempt from assessment or additional liability,

Post, p. 1111

or if such laws permit such issue of preferred stock only by unanimous consent of stockholders, or upon notice of more than twenty days, the Reconstruction Finance Corporation is authorized for the purposes of this Act to purchase the legally issued capital notes of such insurance company or to make loans secured by such notes as collateral, which may be subordinated in whole or in part or to any degree to claims of other creditors.

Sec. 3.

Conditions of purchase or loans by Corporation.

Company must show unimpaired capital stock.

New capital may be furnished.

The Reconstruction Finance Corporation shall not subscribe for or purchase any preferred stock or capital notes of any applicant insurance company, (1) until the applicant shows to the satisfaction of the Corporation that it has unimpaired capital stock, or that it will furnish new capital which will be subordinate to the preferred stock or capital notes to be subscribed for or purchased by the Corporation, equal to the amount of said preferred stock or capital notes so subscribed for or purchased by the Corporation:

Proviso.

Loans upon preferred stock or capital notes.

Provided, That the Corporation may make loans upon said preferred stock or capital notes, if, in its opinion, such loans will be

Compensation of Company officers, etc., limited.

adequately secured by said stock or capital notes, and/or such other forms of security as the Corporation may require; (2) if at the time of such subscription, purchase, or loan any officer, director, or employee of the applicant is receiving total compensation in a sum in excess of $17,500 per annum from the applicant and/or any of its

Agreements required of Company.

affiliates, and (3) unless at such time the applicant agrees to the satisfaction of the Corporation not to increase the compensation of any of its officers, directors, or employees, and not to retire any of its stock, notes, bonds, or debentures issued for capital purposes, while any part of the preferred stock, notes, bonds, or debentures of such

“Compensation”, construed.

company is held by the Corporation. For the purposes of this section, the term “compensation” includes any salary, fee, bonus, commission, or other payment, direct or indirect, in money or otherwise, for personal services.

Sec. 4.

Renewals of loans by Corporation; when shall be denied.

The Reconstruction Finance Corporation shall not make, renew, or extend any loan under the Reconstruction Finance Corporation Act, as amended, or under the Emergency Relief and

If compensation of officer, etc., excessive.

Construction Act of 1932, (1) if at the time of making, renewing, or extending such loan any officer, director, or employee of the applicant is receiving compensation at a rate in excess of what appears reasonable

Agreement not to increase, required.

to the Reconstruction Finance Corporation, and (2) unless at such time the applicant agrees to the satisfaction of the Corporation not to increase the compensation of any of its officers, directors, or employees to any amount in excess of what appears reasonable to the Reconstruction Finance Corporation while such loan is outstanding and unpaid. For the purposes of this section the term “compensation” includes any salary, fee, bonus, commission, or other payment, direct or indirect, in money or otherwise for personal services.

Sec. 5.

Emergency Relief and Construction Act of 1932, amendment.

Ante, pp. 20, 99.

Post, p. 283.

That the second and third sentences of paragraph (6) of section 201 (a) of the Emergency Relief and Construction Act of 1932, as amended, are hereby amended to read as follows: “Obliga-121tions accepted hereunder shall be collateraled (a) in the case of loans

Loans for repair of earthquake damages. 1933.

Private property.

Other property of borrower as collateral.

for the repair or reconstruction of private property, by the obligations of the owner of such property secured by a paramount lien except as to taxes and special assessments on the property repaired or reconstructed, or on other property of the borrower, and (b) in

Municipalities, etc.

the case of municipalities or political subdivisions of States or their

Public school boards and districts.

public agencies, including public-school boards and public-school districts, by an obligation of such municipality, political subdivision, public agency, public-school board, or public-school district. The

Application for, not denied by constitutional, etc., inhibitions affecting collateral.

Corporation shall not deny an otherwise acceptable application for loans for repair or construction of the buildings of municipalities, political subdivisions, public agencies, public-school boards, or public-school districts because of constitutional or other legal inhibitions affecting the collateral.”

Sec. 6. The fourth sentence of paragraph (6) of section 201 (a)

Maturities of collateral obligations.

Ante, pp. 20, 99, 120.

Post, p. 283.

of such Act, as amended, is hereby amended by striking out the period at the end thereof and inserting in lieu thereof the following: “in case of loans made under clause (a) of this paragraph, and not exceeding twenty years in case of loans made under clause (b).”

Sec. 7. The fifth sentence of paragraph (6) of section 201 (a) of

Security; loans to municipalities, etc.

such Act, as amended, is hereby amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the

When deemed fully secured.

following: “and, in case of loans made under clause (b), shall be deemed to be so secured if, in the opinion of the Reconstruction Finance Corporation, such loans will be repaid from any source, including taxation, within a reasonable period, not exceeding twenty years.”

Sec. 8. The seventh sentence of paragraph (6) of section 201 (a)

Ante, pp. 20, 99, 120.

Post, p. 283.

Aggregate of loans.

Amount increased.

of such Act, as amended, is hereby amended to read as follows: “The aggregate of loans made under clause (a) shall not exceed $5,000,000, and the aggregate of loans made under clause (b) shall not exceed $12,000,000.”

Sec. 9. The first sentence in section 201 (a) of such Act, as

Vol. 47, p. 712.

Self-liquidating projects.

amended, which follows paragraph (6) thereof is hereby amended by striking out the period at the end of such sentence and inserting in lieu thereof a comma and the following: “except that for the purposes

Municipalities, etc.

of clause (b) of paragraph (6) of this subsection a project shall be deemed to be self-liquidating if the construction cost thereof will be returned by any means, including taxation, within a reasonable period, not exceeding twenty years.”

Sec. 10. That an Act entitled “An Act to provide emergency

Reconstruction Finance Corporation Act amendment.

Vol. 47, pp. 8, 709.

financing facilities for financial institutions, to aid in financing agriculture, commerce, and industry, and for other purposes”, approved January 22, 1932, and amended by an Act approved July 21, 1932, be further amended by adding at the end of section 5 thereof the

Railroad reorganization.

Vol. 47. p. 1474.

Loans to trustees authorized.

following: “ Provided further, That the Corporation may make said loans to trustees of railroads which proceed to reorganize under section 77 of the Bankruptcy Act of March 3, 1933.”

Sec. 11. As used in this Act the term “insurance company” shall

“Insurance company”, construed.

include any corporation engaged in the business of insurance or in the writing of annuity contracts, irrespective of the nature thereof, and operating under the supervision of a State superintendent or department of insurance in any of the States of the United States.

Sec. 12. Section 5 of the Reconstruction Finance Corporation Act,

Vol. 47, p. 8.

as amended, is amended by adding at the end thereof the following new paragraph:

“The Reconstruction Finance Corporation is further authorized

Loans to State insurance fund.

and empowered to make loans if adequately secured to any State insurance fund established or created by the laws of any State for the 122purpose of paying or insuring payment of compensation to injured workmen and those disabled as a result of disease contracted in the

“State”, construed.

course of their employment, or to their dependents. As used in this paragraph, the term ‘State’ includes the several States and Alaska, Hawaii, and Puerto Rico.”

Sec. 13.

Vol. 47, p. 8.

Section 5 of the Reconstruction Finance Corporation Act, as amended, is amended by adding at the end thereof the following new paragraph:

Loans to fund created to insure repayment of public money of State, etc.

“The Reconstruction Finance Corporation is further authorized and empowered to make loans if adequately secured to any fund created by any State for the purpose of insuring the repayment of deposits of public moneys of such State or any of its political subdivisions in banks or depositories qualified under the law of such

Time of loans; terms and conditions.

State to receive such deposits. Such loans may be made at any time prior to January 23, 1934, and upon such terms and conditions as the

Assignment of rights accruing on liquidation, etc., of depository.

corporation may prescribe; except that any fund which receives a loan under this paragraph shall be required to assign to the corporation, to the extent of such loan, all amounts which may be received by such fund as dividends or otherwise from the liquidation of any such bank or depository in which deposits of such public moneys

“State”, construed.

were made. As used in this paragraph, the term ‘State’ includes the several States and Alaska, Hawaii, and Puerto Rico.”

Sec. 14.

Amendment.

Separability of provisions.

The right to alter or amend or repeal this Act is hereby expressly reserved. If any provision of this Act, or the application thereof to any person, firm, association, or corporation, is held invalid, the remainder of the Act, and the application of such provision to any other person, firm, association, or corporation, shall not be affected thereby.

Approved, June 10, 1933.

Granting the consent of Congress to the Levy Court of Sussex County, Delaware, to reconstruct, maintain, and operate a free highway bridge across the Deeps Creek at Cherry Tree Landing, Sussex County, Delaware. Chapter 56 48 Stat. 122 1933-06-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 56.]

AN ACT Granting the consent of Congress to the Levy Court of Sussex County, Delaware, to reconstruct, maintain, and operate a free highway bridge across the Deeps Creek at Cherry Tree Landing, Sussex County, Delaware.

June 10, 1933.

[S. 1562.]

[Public, No. 36.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Deeps Creek, Del.

Sussex County may bridge, at Cherry Tree Landing.

That the consent of Congress is hereby granted to the Levy Court of Sussex County, Delaware, its successors and assigns, to reconstruct, maintain, and operate a free highway bridge and approaches thereunto across the Deeps Creek, being a part of a navigable river from Concord, Delaware, to the Chesapeake Bay, at a point suitable to the interests

Construction.

Vol. 34, p. 84.

of navigation, at or near Cherry Tree Landing, in the county of Sussex, State of Delaware, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is expressly reserved.

Approved, June 10, 1933.

For the protection of Government records. Chapter 57 48 Stat. 122 1933-06-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 57.]

AN ACT For the protection of Government records.

June 10, 1933.

[H.R. 4220.]

[Public, No. 37.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Government records.

Penalty for publication of certain, without authorization.

That whoever, by virtue of his employment by the United States, shall obtain from another or shall have custody of or access to, or shall have had custody 123of or access to, any official diplomatic code or any matter prepared in any such code, or which purports to have been prepared in any such code, and shall willfully, without authorization or competent authority, publish or furnish to another any such code or matter, or any matter which was obtained while in the process of transmission between any foreign government and its diplomatic mission in the United States, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

Approved, June 10, 1933.

To amend existing law in order to obviate the payment of one year’s sea pay to surplus graduates of the Naval Academy. Chapter 58 48 Stat. 123 1933-06-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 58.]

AN ACT To amend existing law in order to obviate the payment of one year’s sea pay to surplus graduates of the Naval Academy.

June 10, 1933.

[H.R. 5012.]

[Public, No. 38.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That so much of

Naval Academy.

Surplus graduates not to receive one year’s sea pay.

Vol. 22, p. 285; U.S.C., p. 1148.

Post, p. 307.

the Act of August 5, 1882 (22 Stat. 285, ch. 391), as is contained in the proviso at the end of section 1057, title 34, United States Code, is hereby amended by repealing the words “and one year’s sea pay”, so that the said proviso will read as follows: “ Provided, That if there be a surplus of graduates, those who do not receive such appointments shall be given a certificate of graduation and an honorable discharge.”

Approved, June 10, 1933.

To promote the foreign trade of the United States in apples and/or pears, to protect the reputation of American-grown apples and pears in foreign markets, to prevent deception or misrepresentation as to the quality of such products moving in foreign commerce, to provide for the commercial inspection of such products entering such commerce, and for other purposes. Chapter 59 48 Stat. 123 1933-06-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 59.]

AN ACT To promote the foreign trade of the United States in apples and/or pears, to protect the reputation of American-grown apples and pears in foreign markets, to prevent deception or misrepresentation as to the quality of such products moving in foreign commerce, to provide for the commercial inspection of such products entering such commerce, and for other purposes.

June 10, 1933.

[H.R. 4812.]

[Public, No. 39.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That it shall be

Apples and pears, American grown. Shipment for export, without certificate, unlawful.

unlawful for any person to ship or offer for shipment or for any carrier, or any steamship company, or any person to transport or receive for transportation to any foreign destination, except as provided in this Act, any apples and/or pears in packages which are not accompanied by a certificate issued under authority of the Secretary of Agriculture showing that such apples or pears are of a Federal or State grade which meets the minimum of quality established by the Secretary for shipment in export. The Secretary is

Regulations to be prescribed by Secretary of Agriculture.

authorized to prescribe, by regulations, the requirements, other than those of grade, which the fruit must meet before certificates are issued. The Secretary shall provide opportunity, by public hearing

Hearings to determine standard of export.

or otherwise, for interested persons to examine and make recommendation with respect to any standard of export proposed to be established or designated, or regulation prescribed, by the Secretary for the purposes of this Act.

Sec. 2. The Secretary shall give reasonable notice through one or

Notice of standard.

more trade papers of the effective date of standards of export established or designated by him under this Act: Provided, That any

Proviso.

Prior contracts, fulfilling authorized.

apples or pears may be certified and shipped for export in fulfillment of any contract made within six months prior to the date of such shipment if the terms of such contract were in accordance with the grades and regulations of the Secretary in effect at the time the contract was made.

124

Sec. 3.

Standards or requirements of foreign governments.

Where the government of the country to which the shipment is to be made has standards or requirements as to condition of apples or pears the Secretary may in addition to inspection and certification for compliance with the standards established or designated

Inspection to determine compliance.

hereunder inspect and certify for determination as to compliance with the standards or requirements of such foreign government and may provide for special certificates in such cases.

Sec. 4.

Shipments less than carload lots.

Apples or pears in less than carload lots as defined by the Secretary may, in his discretion, be shipped to any foreign country without complying with the provisions of this Act.

Sec. 5.

Fees for inspection, etc.

For inspecting and certifying the grade, quality, and/or condition of apples and/or pears the Secretary shall cause to be collected a reasonable fee which shall as nearly as may be cover the

Provisos.

Availability.

cost of the service rendered: Provided, That when cooperative arrangements satisfactory to the Secretary, or his designated representative, for carrying out the purposes of this Act cannot be made the fees collected hereunder in such cases shall be available until expended to defray the cost of the service rendered, and in such cases the limitations on the amounts expended for the purchase and maintenance of motor-propelled passenger-carrying vehicles shall not be

Admissability of certificates as evidence.

applicable: Provided further, That certificates issued by the authorized agents of the United States Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained.

Sec. 6.

Refusal to issue certificates if unlawful shipments made.

After opportunity for hearing the Secretary is authorized to refuse the issuance of certificates under this Act for periods not exceeding ninety days to any person who ships or offers for shipment any apples and/or pears in foreign commerce in violation of

Penalty for violations.

any of the provisions of this Act. Any person or any common carrier or any transportation agency knowingly violating any of the provisions of this Act shall be fined not less than $100 nor more than $10,000 by a court of competent jurisdiction.

Sec. 7.

Rules, etc., by Secretary.

The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this Act, and may cooperate with any department or agency of the Government, any

Cooperation with States, etc.

State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person, whether operating in

Appointment of officers, etc.

one or more jurisdictions; and shall have the power to appoint, remove, and fix the compensation of such officers and employees not in conflict with existing law, and make such expenditures for rent

Expenditures for printing and binding, etc.

outside the District of Columbia, printing, binding, telegrams, telephones, law books, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses including reporting services, as shall be necessary to the administration of this Act in the District of Columbia and elsewhere, and as

Statutes dealing with same subjects not abrogated.

may be appropriated for by Congress. This Act shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this Act; but it is intended that all such statutes shall remain in full force and effect except in so far as they are inconsistent herewith or repugnant hereto.

Sec. 8.

Separability of Act.

If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.

Sec. 9.

Terms construed.

That when used in this Act— (1)

“Person.”

The term “person” includes individuals, partnerships, corporations, and associations. (2)

“Secretary of Agriculture.”

The term “Secretary of Agriculture” means the Secretary of Agriculture of the United States. 125 (3) Except as provided herein, the term “foreign commerce”

“Foreign commerce.”

means commerce between any State, or the District of Columbia, and any place outside of the United States or its possessions. (4) The term “apples and/or pears” means fresh whole apples

“Apples and/or pears.”

or pears, whether or not they have been in storage.

Approved, June 10, 1933.

Extending for one year the time within which American claimants may make application for payment, under the Settlement of War Claims Act of 1928, of awards of the Mixed Claims Commission and of the Tripartite Claims Commission. Chapter 60 48 Stat. 125 1933-06-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 60.]

JOINT RESOLUTION Extending for one year the time within which American claimants may make application for payment, under the Settlement of War Claims Act of 1928, of awards of the Mixed Claims Commission and of the Tripartite Claims Commission.

June 12, 1933.

[H.J. Res. 183.]

[Pub. Res., No. 11.]

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

That subsection

Settlement of War Claims Act.

Time for making applications for payment, by American claimants, extended.

Vol. 47, p. 318, amended.

Post, p. 1019.

(g) of section 2 and subsection (f) of section 5 of the Settlement of War Claims Act of 1928, as amended by Public Resolution Numbered 27, Seventy-second Congress, approved June 14, 1932, are further amended, respectively, by striking out the words “five years” wherever such words appear therein and inserting in lieu thereof the words “six years.”

Approved, June 12, 1933.

To amend sections 4399, 4418, 4428, 4429, 4430, 4431, 4432, 4433, and and 4434 of the Revised Statutes, as amended, relating to the construction and inspection of boilers, unfired pressure vessels, and the appurtenances thereof. Chapter 61 48 Stat. 125 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 61.]

AN ACT To amend sections 4399, 4418, 4428, 4429, 4430, 4431, 4432, 4433, and and ¹¹ So in original. 4434 of the Revised Statutes, as amended, relating to the construction and inspection of boilers, unfired pressure vessels, and the appurtenances thereof.

June 13, 1933.

[S. 1129.]

[Public, No. 40.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That sections 4399,

Construction and inspection of boilers, unfired pressure vessels, etc.

R.S., secs. 4399, 4418, 4428–4434, pp. 852, 856, 858.

U.S.C., pp. 1489, 1492, 1494–1495.

4418, 4428, 4429, 4430, 4431, 4432, 4433, and 4434 of the Revised Statutes, as amended (U.S.C., title 46, secs. 361, 392, 406, 407, 408, 409, 410, 411, and 412), be, and the same are hereby, amended to read as follows:

“Sec. 4399. Every vessel subject to inspection propelled in whole

Steam vessels defined.

or in part by steam or by any other form of mechanical or electrical power shall be considered a steam vessel within the meaning of and subject to all of the provisions of this Act: Provided, however, That

Proviso.

Motor boats exempt.

Vol. 36, p. 462; U.S.C. p. 1508.

motor boats as defined in the Act of June 9, 1910, are exempt from the provisions of this Act.

“Sec. 4418. The local inspectors shall also inspect, before the same

Boilers, unfired pressure vessels, etc.

Vol. 33, p. 1027.

shall be used and once at least in every year thereafter, the boilers, unfired pressure vessels, and appurtenances thereof, also the propelling

Propelling and auxiliary machinery, electrical equipment, etc.

and auxiliary machinery, electrical apparatus and equipment, of all vessels subject to inspection; and the inspectors shall satisfy

Examination, etc., to be made.

themselves by thorough examination that the same are in conformity with law and the rules and regulations of the board of supervising inspectors, and may be safely employed in the service proposed. No boiler, unfired pressure vessel, or appurtenances thereof shall be

Defective vessels, boilers, etc.

allowed to be used if constructed in whole or in part of defective material or which because of its form, design, workmanship, age, use, or for any other reason is unsafe. At each annual inspection all boilers, unfired pressure vessels, and main steam piping shall be subjected to hydrostatic tests or such other tests as may be prescribed by the board of supervising inspectors. The ratio of the hydrostatic

Hydrostatic tests.

Ratio of, to be prescribed.

test to the maximum working pressure shall be determined by action of the board of supervising inspectors.

126

“Sec. 4428.

Material used to be inspected, stamped, etc

All boilers and unfired pressure vessels constructed of iron or steel plates or other approved metals for use on vessels subject to inspection shall be made of material that has been tested, inspected, and stamped in accordance with the requirements of this Act.

“Sec. 4429.

Punishment for faulty boiler, etc., construction.

Any person, firm, or corporation who constructs a boiler, or steam pipe connecting the boilers, or an unfired pressure vessel for use on vessels subject to inspection, of iron or steel plates or other approved metals which have not been duly tested, inspected, and stamped according to the provisions of this Act and the requirements of the board of supervising inspectors; or who knowingly uses any defective material in the construction of such boiler, steam pipe, or pressure vessel; or who drifts any rivet hole to make it come fair; or who delivers any such boiler, steam pipe, or pressure vessel for use, knowing it to be defective in design, material, or construction,

Process other than riveting.

shall be fined $1,000. Nothing in this Act shall be so construed as to prevent from being used on such vessels any boiler, steam generator, steam pipe, or unfired pressure vessel which may not be

Provisos.

Subject to approval of Board.

constructed of riveted iron or steel plates: Provided, That scientific data and facts are submitted to enable the board of supervising inspectors to satisfy themselves that such boiler, steam generator, or pressure vessel is equal in strength and as safe from explosion as one of the best quality of iron or steel plates of riveted construction:

Temporary permits.

Provided, however, That the Secretary of Commerce may grant permission to use any boiler, steam generator, or unfired pressure vessel not of iron or steel plate riveted construction upon the certificate of the supervising inspector for the district wherein such boiler, steam generator, or pressure vessel is to be used, and other satisfactory proof that the use of the same is safe and efficient, said permit to be valid until the next regular meeting of the board of

Approved seamless shells.

supervising inspectors who shall act thereon: Provided further, That such boilers, steam generators, or pressure vessels may be constructed with seamless shells or by means of any approved method of welding governed by the rules and regulations prescribed by the board of supervising inspectors.

“Sec. 4430.

Boiler plates, etc., inspection.

All iron or steel plates, or other material used in the construction of boilers or unfired pressure vessels for use on vessels subject to inspection shall be tested and inspected in such manner as shall be prescribed by the board of supervising inspectors and

Tensile stress, etc., to be tested.

approved by the Secretary of Commerce, so as to enable the inspectors to ascertain the tensile strength, homogeneity, toughness, and

Use of unapproved material forbidden.

ability to withstand the effect of repeated heating and cooling; and no plate or other material shall be used in the construction of such boilers or pressure vessels which has not been tested, inspected, and approved under the rules and regulations of the board of supervising

Proviso.

Small unfired pressure vessels exempted.

inspectors: Provided, however, That small unfired pressure vessels having diameters not exceeding thirty inches and subject to a maximum allowable working pressure not exceeding one hundred pounds per square inch shall be exempt from this requirement.

Inspection at the mills, added.

“The Director of the Bureau of Navigation and Steamboat Inspection may, under the direction of the Secretary of Commerce, detail inspectors to inspect iron or steel plates or other material at the

Official stamp of approval.

mills where the same are manufactured; and if such plates or material are found in accordance with the rules of the board of supervising inspectors, the inspector shall stamp the same with the initials of his name and the official stamp of the Bureau of Navigation and

Acceptance of, by local inspectors.

Steamboat Inspection, which stamp shall be authorized by the board of supervising inspectors; and material so stamped shall be accepted by the local inspectors of the various districts as being in full com-127pliance with the requirements of this section regarding the test and inspection of such plates and material: Provided, That any person,

Proviso.

Counterfeiting, etc., stamp a felony.

Punishment for.

firm, or corporation who affixes any false, forged, fraudulent, spurious, or counterfeit of the stamp herein authorized to be put on by an inspector shall be deemed guilty of a felony and shall be fined not less than $1,000 nor more than $5,000 and imprisoned not less than two years nor more than five years.

“Sec. 4431. Every plate of iron or steel, made for use in the construction

Stamping boiler plates.

Pressure vessels added.

of boilers, unfired pressure vessels, or riveted steam pipe shall be distinctly and permanently stamped by the manufacturer thereof, and, if practicable, in such places that the marks shall be left visible when such plates are assembled, with the name of the manufacturer, and the minimum tensile strength in pounds per square inch, and the inspectors shall keep a record in their office of the stamps upon all plates, material, and boilers which they inspect.

“Sec. 4432. Any person, firm, or corporation who counterfeits, or

Punishment for counterfeiting stamps or marks.

causes to be counterfeited, any of the marks or stamps prescribed for iron or steel plates or other material tested and inspected under this Act, or who designedly stamps, or causes to be stamped falsely, any such plates or material; and every person who stamps or marks, or causes to be stamped or marked, any such plates or material with the name or trade-mark of another, with the intent to mislead or deceive, shall be fined $2,000, and may in addition thereto, at the discretion of the court, be imprisoned not exceeding two years.

“Sec. 4433. The board of supervising inspectors is hereby

Pressure of steam allowable.

empowered to prescribe formulas, rules, and regulations for the design, material, and construction of boilers, unfired pressure vessels,

Unfired pressure vessels and materials included.

and appurtenances thereof, and steam piping for use on vessels subject to the provisions of this Act. The maximum working pressure shall

Formulas to determine, prescribed.

be determined by formulas prescribed by the board of supervising inspectors, and no such boiler, pressure vessel, or appurtenance thereof shall be designed or operated where the factor of safety is less than four: Provided, That the minimum thickness and maximum

Proviso.

Pressure of valves, etc.

allowable working pressure of valves, fittings, and other appurtenances shall be determined by formulas prescribed by the board of supervising inspectors.

“Sec. 4434. The maximum allowable thickness of shell plates and

Thickness of plates, etc.

Vol. 35, p. 687.

the details of material, design, and construction of externally fired boilers shall be determined by action of the board of supervising inspectors.”

All laws or parts of laws which may conflict with the provisions

Conflicting laws repealed.

of this Act are hereby repealed.

Approved, June 13, 1933.

To provide for the redemption of national-bank notes, Federal Reserve bank notes, and Federal Reserve notes which cannot be identified as to the bank of issue. Chapter 62 48 Stat. 127 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 62.]

AN ACT To provide for the redemption of national-bank notes, Federal Reserve bank notes, and Federal Reserve notes which cannot be identified as to the bank of issue.

June 13, 1933.

[S. 1634.]

[Public, No. 41.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That whenever

National bank, etc., notes.

Redemption of unidentifiable, authorized.

any national-bank notes, Federal Reserve bank notes, or Federal Reserve notes are presented to the Treasurer of the United States for redemption and such notes cannot be identified as to the bank of issue or the bank through which issued, the Treasurer of the United States may redeem such notes under such rules and regula-128tions

Cancelation, etc.

as the Secretary of the Treasury may prescribe, and the notes so redeemed shall be forwarded to the Comptroller of the Currency for cancelation and destruction.

Sec. 2.

Sums charged against deposits for retirement of national bank, etc., notes.

Vol. 26, p. 289.

U.S.C., p. 267.

National-bank notes and Federal Reserve bank notes redeemed by the Treasurer of the United States under this Act shall be charged against the balance of deposits for the retirement of national-bank notes and Federal Reserve bank notes under the provisions of section 6 of the Act entitled “An Act directing the purchase of silver bullion and the issue of Treasury notes thereon, and for other purposes”, approved July 14, 1890 (U.S.C., title 12,

Vol. 38, p. 268.

U.S.C., p. 286.

sec. 122), and section 18 of the Federal Reserve Act (U.S.C., title 12, sec. 445); and charges for Federal Reserve notes redeemed by the Treasurer of the United States under this Act shall be apportioned

Distribution of charges.

among the twelve Federal Reserve banks in proportion to the amount of Federal Reserve notes of each Federal Reserve bank in circulation on the 31st day of December of the year preceding the date of redemption, and the amount so apportioned to each bank shall be charged by the Treasurer of the United States against deposit in the gold-redemption fund made by such bank or its Federal Reserve agent.

Approved, June 13, 1933.

To authorize the creation of a game refuge in the Ouachita National Forest in the State of Arkansas. Chapter 63 48 Stat. 128 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 63.]

AN ACT To authorize the creation of a game refuge in the Ouachita National Forest in the State of Arkansas.

June 13, 1933.

[H.R. 3511.]

[Public, No. 42.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Ouachita National Forest, Ark.

Game refuge within, created.

That for the purpose of providing breeding places and for the protection and administration of game animals, birds, and fish, the President of the United States is hereby authorized, upon the recommendation of the Secretary of Agriculture, to establish by public proclamation certain specified areas within the Ouachita National Forest as game sanctuaries and refuges.

Sec. 2.

Administrative regulations to be made.

That the Secretary of Agriculture shall execute the provisions of this Act, and he is hereby authorized to prescribe all general rules and regulations for the administration of such game sanctuaries and refuges, and violation of such rules and regulations shall be punished by fine of not more than $500 or imprisonment for not more than six months or both.

Approved, June 13, 1933.

To provide emergency relief with respect to home mortgage indebtedness, to refinance home mortgages, to extend relief to the owners of homes occupied by them and who are unable to amortize their debt elsewhere, to amend the Federal Home Loan Bank Act, to increase the market for obligations of the United States and for other purposes. Chapter 64 48 Stat. 128 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 64.]

AN ACT To provide emergency relief with respect to home mortgage indebtedness, to refinance home mortgages, to extend relief to the owners of homes occupied by them and who are unable to amortize their debt elsewhere, to amend the Federal Home Loan Bank Act, to increase the market for obligations of the United States and for other purposes.

June 13, 1933.

[H. R. 5240.]

[Public, No. 43.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Home Owners’ Loan Act of 1933.

That this Act may be cited as the “Home Owners’ Loan Act of 1933.”

definitions

Definitions.

Sec. 2. As used in this Act— (a)

“Board.”

The term “Board” means the Federal Home Loan Bank Board created under the Federal Home Loan Bank Act. 129 (b) The term “Corporation” means the Home Owners’ Loan

“Corporation.”

Corporation created under section 4 of this Act. (c) The term “home mortgage” means a first mortgage on real

“Home mortgage.”

estate in fee simple or on a leasehold under a renewable lease for not less than ninety-nine years, upon which there is located a dwelling for not more than four families, used by the owner as a home or held by him as his homestead, and having a value not exceeding $20,000; and the term “first mortgage” includes such classes of first liens

“First mortgage.”

as are commonly given to secure advances on real estate under the laws of the State in which the real estate is located, together with the credit instruments, if any, secured thereby. (d) The term “association” means a Federal Savings and Loan

“Association.”

Association chartered by the Board as provided in section 5 of this Act.

repeal of direct loan provision of federal home loan bank act

Federal Home Loan Bank Act.

Sec. 3. Subsection (d) of section 4 of the Federal Home Loan

Repeal of direct loan provision.

Vol. 47, p. 727, repealed.

Bank Act (providing for direct loans to home owners) is hereby repealed.

creation of home owners’ loan corporation

Home Owners’ Loan Corporation.

Sec. 4. (a) The Board is hereby authorized and directed to create

Creation of, as United States agent under direction, etc., of the Board.

a corporation to be known as the Home Owners’ Loan Corporation, which shall be an instrumentality of the United States, which shall have authority to sue and to be sued in any court of competent

Post, p. 506.

jurisdiction, Federal or State, and which shall be under the direction of the Board and operated by it under such bylaws, rules, and regulations as it may prescribe for the accomplishment of the purposes and intent of this section. The members of the Board shall constitute

Board members to constitute board of directors of Corporation.

the board of directors of the Corporation and shall serve as such directors without additional compensation. (b) The Board shall determine the minimum amount of capital

Determination of amount, authorized capital stock.

stock of the Corporation and is authorized to increase such capital stock from time to time in such amounts as may be necessary, but not to exceed in the aggregate $200,000,000. Such stock shall be subscribed

Subscriptions by Secretary of the Treasury.

for by the Secretary of the Treasury on behalf of the United States, and payments for such subscriptions shall be subject to call in whole or in part by the Board and shall be made at such time or times as the Secretary of the Treasury deems advisable. The Corporation

Receipts as evidence of stock ownership.

shall issue to the Secretary of the Treasury receipts for payments by him for or on account of such stock, and such receipts shall be evidence of the stock ownership of the United States. In order

Payments to be made by allocations from Reconstruction Finance Corporation.

to enable the Secretary of the Treasury to make such payments when called, the Reconstruction Finance Corporation is authorized and directed to allocate and make available to the Secretary of the Treasury the sum of $200,000,000, or so much thereof as may be necessary, and for such purpose the amount of the notes, bonds, debentures, or

Notes, etc., of Corporation increased.

Vol. 47, p. 9, amended.

other such obligations which the Reconstruction Finance Corporation is authorized and empowered under section 9 of the Reconstruction Finance Corporation Act, as amended, to have outstanding at any one time, is hereby increased by such amounts as may be necessary. (c) The Corporation is authorized to issue bonds in an aggregate

Corporation authorized to issue interest bearing bonds.

Post, pp. 643, 1263.

Denominations, maturity, etc.

amount not to exceed $2,000,000,000, which may be sold by the Corporation to obtain funds for carrying out the purposes of this section, or exchanged as hereinafter provided. Such bonds shall be issued in such denominations as the Board shall prescribe, shall mature within a period of not more than eighteen years from the date of their issue, shall bear interest at a rate not to exceed 4 per centum 130

Unconditional guaranty of interest.

per annum, and shall be fully and unconditionally guaranteed as to interest only by the United States, and such guaranty shall be

Interest provisions.

expressed on the face thereof. In the event that the Corporation shall be unable to pay upon demand, when due, the interest on any such bonds, the Secretary of the Treasury shall pay to the Corporation the amount of such interest, which is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated, and the Corporation shall pay the amount of such interest to the holders of the bonds. Upon the payment of such interest by the Secretary of the Treasury the amount so paid shall become an obligation to the United States of the Corporation and shall bear interest at the same rate as that borne by the bonds upon which the interest

Bonds to be tax exempt.

has been so paid. The bonds issued by the Corporation under this subsection shall be exempt, both as to principal and interest, from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States or any District, Territory, dependency, or possession thereof, or by any State, county,

Corporation, including resources.

municipality, or local taxing authority. The Corporation, including its franchise, its capital, reserves and surplus, and its loans and

Real property excepted.

income, shall likewise be exempt from such taxation; except that any real property of the Corporation shall be subject to taxation to the same extent, according to its value, as other real property is taxed. (d)

Exchange of Corporation bonds for home mortgages, etc.

The Corporation is authorized, for a period of three years after the date of enactment of this Act, (1) to acquire in exchange for bonds issued by it, home mortgages and other obligations and liens secured by real estate (including the interest of a vendor under a purchase-money mortgage or contract) recorded or filed in the proper office or executed prior to the date of the enactment of this Act, and (2) in connection with any such exchange, to make advances in cash

Cash advances, for tax payments, repairs, and incidentals.

to pay the taxes and assessments on the real estate, to provide for necessary maintenance and make necessary repairs, to meet the incidental expenses of the transaction, and to pay such amounts, not exceeding $50, to the holder of the mortgage, obligation, or lien acquired as may be the difference between the face value of the bonds exchanged plus accrued interest thereon and the purchase

Total advance not to exceed 80 percent of home value.

price of the mortgage, obligation, or lien. The face value of the bonds so exchanged plus accrued interest thereon and the cash so advanced shall not exceed in any case $14,000, or 80 per centum of the value of the real estate as determined by an appraisal made by the Corporation, whichever is the smaller. In any case in which the amount of the face value of the bonds exchanged plus accrued interest thereon and the cash advanced is less than the amount the home owner owes with respect to the home mortgage or other obligation or lien so acquired by the Corporation, the Corporation shall credit the difference between such amounts to the home owner and shall reduce the amount owed by the home owner to the Corporation

Acquired mortgage to be carried as a first lien or be refinanced; basis.

to that extent. Each home mortgage or other obligation or lien so acquired shall be carried as a first lien or refinanced as a home mortgage by the Corporation on the basis of the price paid therefor by the

Amortization payments.

Corporation, and shall be amortized by means of monthly payments sufficient to retire the interest and principal within a period of not to exceed fifteen years; but the amortization payments of any home

Different periods allowed.

owner may be made quarterly, semiannually, or annually, if in the judgment of the Corporation the situation of the home owner requires

Interest on unpaid balance.

it. Interest on the unpaid balance of the obligation of the home owner to the Corporation shall be at a rate not exceeding 5 per

Extensions.

centum per annum. The Corporation may at any time grant an extension of time to any home owner for the payment of any installment of principal or interest owed by him to the Corporation if, in 131 the judgment of the Corporation, the circumstances of the home owner and the condition of the security justify such extension, and no payment of any installment of principal shall be required during the period of three years from the date this Act takes effect if the

Condition.

home owner shall not be in default with respect to any other condition or covenant of his mortgage. As used in this subsection, the

“Real estate” defined.

term “real estate” includes only real estate held in fee simple or on a leasehold under a lease renewable for not less than ninety-nine years, upon which there is located a dwelling for not more than four families used by the owner as a home or held by him as a homestead and having a value not exceeding $20,000. No discrimination shall

Default by municipality, etc, not to affect mortgage.

be made under this Act against any home mortgage by reason of the fact that the real estate securing such mortgage is located in a municipality, county, or taxing district which is in default upon any of its obligations. (e) The Corporation is further authorized, for a period of three

Cash loans on unencumbered property.

years from the date of enactment of this Act, to make loans in cash subject to the same limitations and for the same purposes for which cash advances may be made under subsection (d) of this section, in cases where the property is not otherwise encumbered; but no such

Maximum.

loan shall exceed 50 per centum of the value of the property securing the same as determined upon an appraisal made by the Corporation. Each such loan shall be secured by a duly recorded home mortgage,

Security.

Conditions.

and shall bear interest at the same rate and shall be subject to the same provisions with respect to amortization and extensions as are applicable in the case of obligations refinanced under subsection (d) of this section. (f) The Corporation is further authorized, for a period of three

Cash advances when mortgagee, etc., does not accept Corporation bonds in exchange, and home owner unable to borrow elsewhere.

years from the date of enactment of this Act, in any case in which the holder of a home mortgage or other obligation or lien eligible for exchange under subsection (d) of this section does not accept the bonds of the Corporation in exchange as provided in such subsection and in which the Corporation finds that the home owner cannot obtain a loan from ordinary lending agencies, to make cash advances to such home owner in an amount not to exceed 40 per

Limitation.

centum of the value of the property for the purposes specified in such subsection (d). Each such loan shall be secured by a duly recorded

Security.

home mortgage and shall bear interest at a rate of interest which shall be uniform throughout the United States, but which in no event shall exceed a rate of 6 per centum per annum, and shall be

Provisions respecting amortization, etc.

subject to the same provisions with respect to amortization and extensions as are applicable in cases of obligations refinanced under subsection (d) of this section. (g) The Corporation is further authorized, for a period of three

Cash advances for redemption of foreclosed homes.

Post, p. 645.

years from the date of the enactment of this Act, to exchange bonds and to advance cash, subject to the limitations provided in subsection (d) of this section, to redeem or recover homes lost by the owners by foreclosure or forced sale by a trustee under a deed of trust or under power of attorney, or by voluntary surrender to the mortgagee within two years prior to such exchange or advance. (h) The Board shall make rules for the appraisal of the property

Rules for appraising, etc., directed.

on which loans are made under this section so as to accomplish the purposes of this Act. (i) Any person indebted to the Corporation may make payment

Corporation bonds accepted in payment.

to it in part or in full by delivery to it of its bonds which shall be accepted for such purpose at face value. (j) The Corporation shall have power to select, employ, and fix

Personal services authorized.

the compensation of such officers, employees, attorneys, or agents as shall be necessary for the performance of its duties under this Act, 132 without regard to the provisions of other laws applicable to the

Pay limitation.

employment or compensation of officers, employees, attorneys, or agents of the United States. No such officer, employee, attorney, or agent shall be paid compensation at a rate in excess of the rate provided by law in the case of the members of the Board. The

Franking privilege.

Corporation shall be entitled to the free use of the United States mails for its official business in the same manner as the executive

Expenditures authorized.

departments of the Government, and shall determine its necessary expenditures under this Act and the manner in which they shall be incurred, allowed, and paid, without regard to the provisions of any

Division of expenses.

other law governing the expenditure of public funds. The Corporation shall pay such proportion of the salary and expenses of the members of the Board and of its officers and employees as the Board

Federal Home Loan Bank facilities.

may determine to be equitable, and may use the facilities of Federal Home Loan Banks, upon making reasonable compensation therefor as determined by the Board. (k)

Administrative rules, etc.

Corporation bonds, etc., retirement.

Post, p. 647.

The Board is authorized to make such bylaws, rules and regulations, not inconsistent with the provisions of this section, as may be necessary for the proper conduct of the affairs of the Corporation. The Corporation is further authorized and directed to retire and cancel the bonds and stock of the Corporation as rapidly as the resources of the Corporation will permit. Upon the retirement of such stock, the reasonable value thereof as determined by the Board shall be paid into the Treasury of the United States and the receipts

Liquidation proceedings.

issued therefor shall be canceled. The Board shall proceed to liquidate the Corporation when its purposes have been accomplished, and shall pay any surplus or accumulated funds into the Treasury of the

Payment of dividends.

Post, p. 644.

United States. The Corporation may declare and pay such dividends to the United States as may be earned and as in the judgment of the Board it is proper for the Corporation to pay.

federal savings and loan associations

Federal Savings and Loan Associations.

Sec. 5. (a)

Purposes of organization, operation, etc.

In order to provide local mutual thrift institutions in which people may invest their funds and in order to provide for the financing of homes, the Board is authorized, under such rules and regulations as it may prescribe, to provide for the organization, incorporation, examination, operation, and regulation of associations

Designation, powers, etc.

to be known as “Federal Savings and Loan Associations”, and to issue charters therefor, giving primary consideration to the best practices of local mutual thrift and home-financing institutions in the United States. (b)

Capital.

Retirement of shares.

Limitation.

Such associations shall raise their capital only in the form of payments on such shares as are authorized in their charter, which shares may be retired as is therein provided. No deposits shall be accepted and no certificates of indebtedness shall be issued except for such borrowed money as may be authorized by regulations of the Board. (c)

Loans; security.

Such associations shall lend their funds only on the security of their shares or on the security of first liens upon homes or combination of homes and business property within fifty miles of their

Provisos.

Maximum, on any one parcel.

Other real estate.

home office: Provided, That not more than $20,000 shall be loaned on the security of a first lien upon any one such property; except that not exceeding 15 per centum of the assets of such association may be

Each secured by first lien.

loaned on other improved real estate without regard to said $20,000 limitation, and without regard to said fifty-mile limit, but secured by

Investment of association assets.

first lien thereon: And provided further, That any portion of the assets of such associations may be invested in obligations of the United States or the stock or bonds of a Federal Home Loan Bank. 133 (d) The Board shall have full power to provide in the rules and

Rules for reorganization, etc., authorized.

regulations herein authorized for the reorganization, consolidation, merger, or liquidation of such associations, including the power to appoint a conservator or a receiver to take charge of the affairs of any such association, and to require an equitable readjustment of the capital structure of the same; and to release any such association from such control and permit its further operation. (e) No charter shall be granted except to persons of good character

Provisions for granting charters.

and responsibility, nor unless in the judgment of the Board a necessity exists for such an institution in the community to be served, nor unless there is a reasonable probability of its usefulness and success, nor unless the same can be established without undue injury to properly conducted existing local thrift and home-financing institutions. (f) Each such association, upon its incorporation, shall become

Incorporated association as member of Federal Home Loan Bank.

automatically a member of the Federal Home Loan Bank of the district in which it is located, or if convenience shall require and the Board approve, shall become a member of a Federal Home Loan Bank of an adjoining district. Such associations shall qualify for such membership in the manner provided in the Federal Home Loan Bank Act with respect to other members. (g) The Secretary of the Treasury is authorized on behalf of the

Secretary authorized to subscribe for association preferred stock.

Post, pp. 279, 647.

United States to subscribe for preferred shares in such associations which shall be preferred as to the assets of the association and which shall be entitled to a dividend, if earned, after payment of expenses and provision for reasonable reserves, to the same extent as other shareholders. It shall be the duty of the Secretary of the Treasury to subscribe for such preferred shares upon the request of the Board; but the subscription by him to the shares of any one association shall

Limitations.

not exceed $100,000, and no such subscription shall be called for unless in the judgment of the Board the funds are necessary for the encouragement of local home financing in the community to be served and for the reasonable financing of homes in such community. Payment on such shares may be called from time to time by the association, subject to the approval of the Board and the Secretary of the Treasury; but the amount paid in by the Secretary of the Treasury shall

Not to exceed aggregate shares of all other holders.

at no time exceed the amount paid in by all other shareholders, and the aggregate amount of shares held by the Secretary of the Treasury shall not exceed at any time the aggregate amount of shares held by all other shareholders. To enable the Secretary of the Treasury to

Sum authorized.

make such subscriptions when called there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $100,000,000, to be immediately available and to remain available until expended. Each such association shall issue

Receipts.

receipts for such payments by the Secretary of the Treasury in such form as may be approved by the Board, and such receipts shall be evidence of the interest of the United States in such preferred shares to the extent of the amount so paid. Each such association shall

Provision for retiring preferred shares held by Secretary.

make provision for the retirement of its preferred shares held by the Secretary of the Treasury, and beginning at the expiration of five years from the time of the investment in such shares, the association shall set aside one third of the receipts from its investing and borrowing shareholders to be used for the purpose of such retirement. In case of the liquidation of any such association the shares held by

Such shares retired at par in event of liquidation.

the Secretary of the Treasury shall be retired at par before any payments are made to other shareholders. (h) Such associations, including their franchises, capital, reserves,

Association, etc., to be tax free.

and surplus, and their loans and income, shall be exempt from all taxation now or hereafter imposed by the United States, and all shares 134 of such associations shall be exempt both as to their value and the

Exception.

income therefrom from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States; and no State, Territorial, county, municipal, or local taxing authority shall impose any tax on such associations or their franchise, capital, reserves, surplus, loans, or income greater than that imposed by such authority on other similar local mutual or cooperative thrift and home financing institutions. (i)

Federal Home Loan member may convert into a Federal Savings and Loan Association.

Any member of a Federal Home Loan Bank may convert itself into a Federal Savings and Loan Association under this Act upon a vote of its stockholders as provided by the law under which it operates; but such conversion shall be subject to such rules and regulations as the Board may prescribe, and thereafter the converted association shall be entitled to all the benefits of this section and shall be

Post, pp. 645, 646.

subject to examination and regulation to the same extent as other associations incorporated pursuant to this Act.

encouragement of saving and home financing

Encouragement of saving and home financing.

Sec. 6. To enable the Board to encourage local thrift and local home financing and to promote, organize, and develop the associations

Appropriation authorized.

Post, p. 276.

herein provided for or similar associations organized under local laws, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $150,000, to be immediately available and remain available until expended, subject to the call of the Board, which sum, or so much thereof as may be necessary, the Board is authorized to use in its discretion for the accomplishment of the purposes of this section without regard to the provisions of any other law governing the expenditure of public funds.

Sec. 7.

Applicability of provisions.

The provisions of this Act shall apply to the continental United States, to the Territories of Alaska and Hawaii, and to Puerto Rico and the Virgin Islands.

penalties

Penalties.

Sec. 8. (a)

False statements, misrepresentations, etc.

Whoever makes any statement, knowing it to be false, or whoever willfully overvalues any security, for the purpose of influencing in any way the action of the Home Owners’ Loan Corporation or the Board or an association upon any application, advance, discount, purchase, or repurchase agreement, or loan, under this Act, or any extension thereof by renewal deferment, or action or otherwise, or the acceptance, release, or substitution of security therefor, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both. (b)

Forgery, counterfeiting, etc.

Whoever (1) falsely makes, forges, or counterfeits any note, debenture, bond, or other obligation or coupon, in imitation of or purporting to be a note, debenture, bond, or other obligation, or coupon, issued by the Home Owners’ Loan Corporation or an association; or (2) passes, utters, or publishes, or attempts to pass, utter, or publish, any false, forged, or counterfeited note, debenture, bond, or other obligation, or coupon, purporting to have been issued by the Home Owners’ Loan Corporation or an association, knowing the same to be false, forged, or counterfeited; or (3) falsely alters any note, debenture, bond or other obligation, or coupon, issued or purporting to have been issued by the Home Owners’ Loan Corporation or an association; or (4) passes, utters, or publishes, or attempts to pass, utter, or publish, as true any falsely altered or spurious note, debenture, bond, or other obligation, or coupon, issued or purporting to have been issued by the Home Owners’ Loan Corporation or an 135 association, knowing the same to be falsely altered or spurious, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than five years, or both. (c) Whoever, being connected in any capacity with the Board or

Embezzlement, etc.

the Home Owners’ Loan Corporation or an association (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged or otherwise intrusted to it; or (2) with intent to defraud the Board or the Home Owners’ Loan Corporation or an association, or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiners of the Board or the Home Owners’ Loan Corporation or an association, makes any false entry in any book, report, or statement of or to the Board or the Home Owners’ Loan Corporation or an association, or, without being duly authorized, draws any order or issues, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, mortgage, judgment, or decree thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than five years, or both. (d) The provisions of sections 112, 113, 114, 115, 116, and 117 of

Acceptance, etc., of consideration by Members of Congress.

Vol. 35, pp. 1108–1109.

U.S.C., p. 475.

the Criminal Code of the United States (U.S.C., title 18, secs. 202 to 207, inclusive), insofar as applicable, are extended to apply to contracts or agreements of the Home Owners’ Loan Corporation and an association under this Act, which, for the purposes hereof, shall be held to include advances, loans, discounts, and purchase and repurchase agreements; extensions and renewals thereof; and acceptances, releases, and substitutions of security therefor. (e) No person, partnership, association, or corporation shall make

Exacting charges for designated services.

any charge in connection with a loan by the Corporation or an exchange of bonds or cash advance under this Act except ordinary

Post, p. 647.

charges authorized and required by the Corporation for services actually rendered for examination and perfecting of title, appraisal, and like necessary services. Any person, partnership, association, or corporation violating the provisions of this subsection shall, upon conviction thereof, be fined not more than $10,000, or imprisoned not more than five years, or both.

separability provision

Separability of provisions.

Sec. 9. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Approved, June 13, 1933.

Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across the Umpqua River at or near Reedsport, Douglas County, Oregon. Chapter 65 48 Stat. 135 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 65.]

AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across the Umpqua River at or near Reedsport, Douglas County, Oregon.

June 13, 1933.

[S. 1745.]

[Public, No. 44.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent

Umpqua River.

Oregon may bridge, at Reedsport.

Post, p. 804.

of Congress is hereby granted to the State of Oregon to construct, maintain, and operate a bridge and approaches thereto across the Umpqua River, at a point suitable to the interests of navigation, at or near Reedsport, Douglas County, Oregon, in accordance with the

Construction.

Vol. 34, p. 84.

provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

136

Sec. 2.

Rates of tolls applied to operation, sinking fund, etc.

If tolls are charged for the use of such bridge, the rates of toll shall be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of the bridge and its approaches, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to

Maintenance as free bridge after amortizing costs, etc.

exceed fifteen years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under

Record of expenditures and receipts to be kept.

economical management. An accurate record of the costs of the bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested.

Sec. 3.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 13, 1933.

Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across Yaquina Bay at or near Newport, Lincoln County, Oregon. Chapter 66 48 Stat. 136 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 66.]

AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across Yaquina Bay at or near Newport, Lincoln County, Oregon.

June 13, 1933.

[S. 1746.]

[Public, No. 45.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Yaquina Bay.

Oregon may bridge, at Newport.

Post, p. 804.

That the consent of Congress is hereby granted to the State of Oregon to construct, maintain, and operate a bridge and approaches thereto across Yaquina Bay, at a point suitable to the interests of navigation, at or near Newport, Lincoln County, Oregon, in accordance with the provisions

Construction.

Vol. 34, p. 84.

of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2.

Rates of tolls applied to operation, sinking fund, etc.

Maintenance as free bridge after amortizing costs, etc.

Record of expenditures and receipts to be kept.

Sec. 3.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 13, 1933.

Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across Coos Bay at or near North Bend, Coos County, Oregon. Chapter 67 48 Stat. 137 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 137 [CHAPTER 67.]

AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across Coos Bay at or near North Bend, Coos County, Oregon.

June 13, 1933.

[S. 1748.]

[Public, No. 46.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent

Coos Bay.

Oregon may bridge, at North Bend.

of Congress is hereby granted to the State of Oregon to construct, maintain, and operate a bridge and approaches thereto across Coos

Post, p. 804.

Bay, at a point suitable to the interests of navigation, at or near North Bend, Coos County, Oregon, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges

Construction.

Vol. 34, p. 84.

over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. If tolls are charged for the use of such bridge, the rates of

Rates of tolls applied to operation, sinking fund, etc.

toll shall be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of the bridge and its approaches, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed fifteen years from the completion thereof. After a sinking

Maintenance as free bridge after amortizing costs, etc.

fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge, and its approaches under economical management. An accurate record of the costs of the bridge

Record of expenditures and receipts to be kept.

and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested.

Sec. 3. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, June 13, 1933.

Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across the Siuslaw River at or near Florence, Lane County, Oregon. Chapter 68 48 Stat. 137 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 68.]

AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across the Siuslaw River at or near Florence, Lane County, Oregon.

June 13, 1933.

[S. 1749.]

[Public, No. 47.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent

Siuslaw River.

Oregon may bridge, at Florence.

of Congress is hereby granted to the State of Oregon to construct, maintain, and operate a bridge and approaches thereto across the Siuslaw River, at a point suitable to the interests of navigation, at or near Florence, Lane County, Oregon, in accordance with the

Construction.

Vol. 34, p. 84.

provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. If tolls are charged for the use of such bridge, the rates of

Rates of toll applied to operation, sinking fund, etc.

Maintenance as free bridge after amortizing costs, etc.

Record of expenditures and receipts to be kept.

economical management. An accurate record of the costs of the bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

Sec. 3.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 13, 1933.

Granting the consent of Congress to the Overseas Road and Toll Bridge District, a political subdivision of the State of Florida, to construct, maintain, and operate bridges across the navigable waters in Monroe County, Florida, from Lower Matecumbe Key to No Name Key. Chapter 69 48 Stat. 138 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 69.]

AN ACT Granting the consent of Congress to the Overseas Road and Toll Bridge District, a political subdivision of the State of Florida, to construct, maintain, and operate bridges across the navigable waters in Monroe County, Florida, from Lower Matecumbe Key to No Name Key.

June 13, 1933.

[S. 1783.]

[Public, No. 48.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Navigable waters in Monroe County, Fla.

Overseas Road and Toll Bridge District may bridge Lower Matecumbe Key to No Name Key.

That the consent of Congress is hereby granted to the Overseas Road and Toll Bridge District, a political subdivision of the State of Florida, to construct, maintain, and operate bridges and approaches thereto across the navigable waters in Monroe County in the State of Florida, at points suitable to the interests of navigation, between Lower Matecumbe

Connecting highways, etc.

Key and No Name Key (including such toll highways, bridges, viaducts, causeways, fills, embankments, roads, trestles, and other appurtenant structures as may be necessary to connect certain of the present termini of State road numbered 4–A in such manner as to complete a system of highways and bridges extending from

Construction.

Vol. 34, p. 84.

Miami to Key West, via Key Largo), in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2.

Rates of toll applied to operation, sinking fund, etc.

If tolls are charged for the use of such bridges, the rates of toll shall be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridges and their approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of the bridges and their approaches, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period

Maintenance as free bridge after amortizing costs, etc.

of not to exceed forty years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so provided, such bridges shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridges and their

Record of expenditures and receipts to be kept.

approaches under economical management. An accurate record of the costs of the bridges and their approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested.

Sec. 3.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 13, 1933.

To extend the mining laws of the United States to the Death Valley National Monument in California. Chapter 70 48 Stat. 139 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 139 [CHAPTER 70.]

AN ACT To extend the mining laws of the United States to the Death Valley National Monument in California.

June 13, 1933.

[H. R. 3659.]

[Public, No. 49.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the mining

Death Valley National Monument, Calif.

Mining laws extended to.

laws of the United States be, and they are hereby, extended to the area included within the Death Valley National Monument in California, or as it may hereafter be extended, subject, however, to the surface use of locations, entries, or patents under general

Subject to surface use, etc.

regulations to be prescribed by the Secretary of the Interior.

Approved, June 13, 1933.

To amend an Act entitled “An Act creating the Great Lakes Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Saint Clair River at or near Port Huron, Michigan”, approved June 25, 1930, and to extend the times for commencing and completing construction of said bridge. Chapter 71 48 Stat. 139 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 71.]

AN ACT To amend an Act entitled “An Act creating the Great Lakes Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Saint Clair River at or near Port Huron, Michigan”, approved June 25, 1930, and to extend the times for commencing and completing construction of said bridge.

June 13, 1933.

[H.R. 5495.]

[Public, No. 50.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 4

Great Lakes Bridge Commission Act amendments.

Vol. 46, p. 810, amended.

of an Act entitled “An Act creating the Great Lakes Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Saint Clair River at or near Port Huron, Michigan”, approved June 25, 1933, ¹¹ So in original. be, and the same is hereby, amended so as to read as follows:

“Sec. 4. The Commission and its successors and assigns are

Bond issue to cover cost.

hereby authorized to provide for the payment of the cost of the bridge and its approaches and the ferry or ferries and the necessary lands, easements, and appurtenances thereto by an issue or issues of bonds of the Commission, upon approval by the Michigan Public Utilities Commission, bearing interest at not more than 6 per centum

Interest, maturity, etc.

per annum, payable annually or at shorter intervals, maturing not more than thirty years from their date of issuance, such bonds and the interest thereon, and any premium to be paid for retirement thereof before maturity, to be payable solely from the sinking fund provided in accordance with this Act. Such bonds may be registerable

Registering bonds.

as to principal alone or both principal and interest, and shall be in such form not inconsistent with this Act, and be payable at such place or places as the Commission may determine. The Commission may repurchase and may reserve the right to redeem all or

Redemption, etc.

any of said bonds before maturity at prices not exceeding one hundred and five and accrued interest. The Commission may enter into an agreement with any bank or trust company in the United States as trustee having the power to make such agreement, setting

Trust agreement.

forth the duties of the Commission in respect of the construction, maintenance, operation, repair, and insurance of the bridge and/or the ferry or ferries, the conservation and application of all funds, the safeguarding of moneys on hand or on deposit, and the rights and remedies of said trustee and the holders of the bonds, restricting the individual right of action of the bondholders as is customary in trust agreements respecting bonds of corporations. Such trust agreement may contain such provision for protecting and enforcing the rights and remedies of the trustee and the bondholders as may be reasonable and proper and not inconsistent with the law and also a provision for approval by the original purchasers of the bonds 140

Security, etc., provisions.

of the employment of consulting engineers and of the security given by bridge contractors and by any bank or trust company in which the proceeds of bonds or of bridge and/or ferry tolls or other moneys of the Commission shall be deposited, and may provide that no contract for construction shall be made without the approval of

Bridge deemed instrumentality for international commerce.

the consulting engineers. The bridge constructed under the authority of this Act shall be deemed to be an instrumentality for international commerce authorized by the Government of the United

Income exempt from Federal, etc., taxes.

States, and said bridge and ferry or ferries and the income derived therefrom shall be exempt from all Federal, State, municipal, and

Sale price of bonds.

local taxation. Said bonds shall be sold in such manner and at such price as the Commission may determine, such price to be not less than the price at which the interest yield basis will equal 6 per centum per annum as computed from standard tables of bond values, and the face amount thereof shall be so calculated as to

To cover cost, etc.

produce, at the price of their sale, the estimated cost of the bridge and its approaches, and the land, easements, and appurtenances

Ferries and other items.

used in connection therewith and, in the event the ferry or ferries are to be acquired, also the estimated cost of such ferry or ferries and the lands, easements, and appurtenances used in connection

Interest.

therewith. The cost of the bridge and ferry or ferries shall be deemed to include interest during construction of the bridge, and for twelve months thereafter, and all engineering, legal, architectural, traffic surveying, and other expenses incident to the construction of the bridge or the acquisition of the ferry or ferries, and the acquisition of the necessary property, and incident to the financing thereof, including the cost of acquiring existing franchises, rights, plans, and works of and relating to the bridge, now owned by any person, firm, or corporation, and the cost of purchasing all or any part of the shares of stock of any such corporate owner if in the judgment of the commission such purchases should be found expedient.

Excess of bond sale over cost, placed in sinking fund.

If the proceeds of the bonds issued shall exceed the cost as finally determined, the excess shall be placed in the sinking fund hereinafter provided. Prior to the preparation of definitive bonds

Temporary bond issue.

the Commission may under like restrictions issue temporary bonds with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.”

Sec. 2.

Vol. 46, p. 813, amended.

That section 9 of said Act, approved June 25, 1930, be, and the same is hereby, amended so as to read as follows:

“Sec. 9.

Capital stock, etc., ownership prohibited.

The Commission shall have no capital stock or shares of interest or participation, and all revenues and receipts thereof

No compensation.

shall be applied to the purposes specified in this Act. The members of the Commission shall not be entitled to any compensation for

Employment of secretary, experts, etc.; compensation.

their services but may employ a secretary, treasurer, engineers, attorneys, and such other experts, assistants, and employees as they may deem necessary, who shall be entitled to receive such compensation as the Commission may determine. After all bonds and interest thereon shall have been paid and all other obligations of the Commission paid or discharged, or provision for all such payment shall have been made as hereinbefore provided, and after the bridge shall have been conveyed to the United States interests and the Canadian interests as herein provided, and any ferry or ferries

Dissolution of Commission.

shall have been sold, the Commission shall be dissolved and shall cease to have further existence by an order of the State highway commissioner of Michigan made upon his own initiative or upon application of the Commission or any member or members thereof,

Public hearing.

but only after a public hearing in the city of Port Huron, notice of the time and place of which hearing and the purpose thereof shall have been published once, at least thirty days before the date thereof, 141 in a newspaper published in the city of Port Huron, Michigan, and a newspaper published in the city of Sarnia, Ontario. At the time of such dissolution all moneys in the hands of or to the credit of

Division of money, in hand.

the Commission shall be divided into two equal parts, one of which shall be paid to said United States interests and the other to said Canadian interests.”

Sec. 3. That the times for commencing and completing the construction

Times for bridging, extended.

Vol. 46, pp. 809, 1458; Vol. 47, p. 290.

of said bridge, heretofore extended by Acts of Congress approved February 28, 1931, and June 9, 1932, are hereby further extended one and three years, respectively, from the date of approval hereof.

Sec. 4. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, June 13, 1933.

To amend the Reconstruction Finance Corporation Act, as amended, to provide for loans to closed building and loan associations. Chapter 72 48 Stat. 141 1933-06-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 72.]

AN ACT To amend the Reconstruction Finance Corporation Act, as amended, to provide for loans to closed building and loan associations.

June 14, 1933.

[S. 1648.]

[Public, No. 51.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the first

Reconstruction Finance Corporation Act amendment.

Vol. 47, pp. 6, 795.

paragraph of section 5 of the Reconstruction Finance Corporation Act, as amended, is amended to read as follows:

“Sec. 5. To aid in financing agriculture, commerce, and industry,

Loans to closed building and loan associations authorized.

Terms and conditions.

including facilitating the exportation of agricultural and other products, the Corporation is authorized and empowered to make loans, upon such terms and conditions not inconsistent with this Act as it may determine, to any bank, savings bank, trust company, building and loan association, insurance company, mortgage-loan company, credit union, Federal land bank, joint-stock land bank, Federal intermediate credit bank, agricultural credit corporation, livestock credit corporation, organized under the laws of any State or of the United States, including loans secured by the assets of any bank, savings bank, or building and loan association that is closed, or in process of liquidation to aid in the reorganization or liquidation of such banks or building and loan associations, upon application of the receiver or liquidating agent of such bank or

Application of receiver.

building and loan association, and any receiver of any national bank is hereby authorized to contract for such loans and to pledge any assets of the bank for securing the same.

Approved, June 14, 1933.

Creating the Saint Lawrence Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Saint Lawrence River at or near Ogdensburg, New York. Chapter 73 48 Stat. 141 1933-06-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 73.]

AN ACT Creating the Saint Lawrence Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Saint Lawrence River at or near Ogdensburg, New York.

June 14, 1933.

[H.R. 5329.]

[Public, No. 52.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That in order to

Saint Lawrence River.

Saint Lawrence Bridge Commission may bridge, at Ogdensburg, N. Y.

Post, p. 927.

facilitate international commerce, the Saint Lawrence Bridge Commission (hereinafter created, and hereinafter referred to as the “Commission”) and its successors and assigns, be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Saint Lawrence River at or near the city of Ogdensburg, New York, at a point suitable to the interests 142

Construction.

Vol. 34, p. 84.

of navigation, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable

Approval by Canada required.

waters”, approved March 23, 1906, subject to the conditions and limitations contained in this Act, and subject to the approval of the proper authorities in the Dominion of Canada. For like purposes said Commission and its successors and assigns are hereby authorized

Operation of ferries.

to purchase, maintain, and operate all or any ferries across the Saint Lawrence River within five miles of the location which shall be selected for said bridge, subject to the conditions and limitations contained in this Act, and subject to the approval of the proper authorities in the Dominion of Canada.

Sec. 2.

Right to acquire real estate, etc., in New York for location, etc.

There is hereby conferred upon the Commission and its successors and assigns all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use such real estate and other property in the State of New York as may be needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State of New York, upon making just compensation therefor,

Condemnation proceedings.

to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation of private property for public purposes in such State; and the Commission

Right to acquire real estate in Canada.

and its successors and assigns may exercise in the Dominion of Canada all rights, powers, and authority which shall be granted or permitted to the Commission by the proper authorities of the Dominion of Canada or of the Province of Ontario, including the entering upon lands and acquiring, condemning, occupying, possessing, and using such real estate and other property in the Dominion of Canada as may be needed for such location, construction, operation, and maintenance of such bridge.

Sec. 3.

Tolls authorized.

The Commission and its successors and assigns are hereby authorized to fix and charge tolls for transit over such bridge and such ferry or ferries in accordance with the provisions of this Act.

Sec. 4.

Bond issue to cover cost.

The Commission and its successors and assigns are hereby authorized to provide for the payment of the cost of the bridge and its approaches and the ferry or ferries and the necessary lands,

Interest rate, maturity, etc.

easements, and appurtenances thereto by an issue or issues of negotiable bonds of the Commission, bearing interest at not more than 6 per centum per annum, the principal and interest of which bonds and any premium to be paid for retirement thereof before maturity shall be payable solely from the sinking fund provided

Registering bonds.

in accordance with this Act. Such bonds may be registerable as to principal alone or both principal and interest, shall be in such form not inconsistent with this Act, shall mature at such time or times not exceeding thirty years from their respective dates, shall be in such denominations, shall be executed in such manner and be payable in such medium and at such place or places as the Commission

Redemption, etc.

may determine. The Commission may repurchase and may reserve the right to redeem all or any of said bonds before maturity in such manner and at such price or prices, not exceeding one hundred and five and accrued interest, as may be fixed by the Commission

Trust agreement.

prior to the issuance of the bonds. The Commission may enter into an agreement with any bank or trust company in the United States as trustee having the power to make such agreement, setting forth the duties of the Commission in respect of the construction, maintenance, operation, repair, and insurance of the bridge and/or the ferry or ferries, the conservation and application of all funds, the safeguarding of moneys on hand or on deposit, and the rights and remedies of said trustee and the holders of the 143 bonds, restricting the individual right of action of the bondholders as is customary in trust agreements respecting bonds of corporations. Such trust agreements may contain such provisions for protecting

Provisions governing.

and enforcing the rights and remedies of the trustee and the bondholders as may be reasonable and proper and not inconsistent with the law and also provisions for approval by the original purchasers of the bonds of the employment of consulting engineers and of the security given by the bridge contractors and by any bank or trust company in which the proceeds of bonds or of bridge or ferry tolls or other moneys of the Commission shall be deposited, and may provide that no contract for construction shall be made without the approval of the consulting engineers. The bridge constructed

Purpose of bridge, etc., in international commerce.

under the authority of this Act shall be deemed to be an instrumentality for international commerce authorized by the Government of the United States, and said bridge and ferry or ferries and the bonds issued in connection therewith and the income derived

Income exempt from Federal, etc., taxes.

therefrom shall be exempt from all Federal, State, municipal, and local taxation. Said bonds shall be sold in such manner and at such time or times and at such price as the Commission may determine, but no such sale shall be made at a price so low as to require

Sale price of bonds.

the payment of more than 6 per centum interest on the money received therefor, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, and the face amount thereof shall be so calculated as to produce, at the price of their sale, the cost of the bridge and its approaches, and the land, easements, and appurtenances used in connection therewith and, in the event the ferry or ferries are to be acquired, also the cost of such ferry or ferries and the lands, easements, and

Items included in cost.

appurtenances used in connection therewith. The cost of the bridge and ferry or ferries shall be deemed to include interest during construction of the bridge, and for twelve months thereafter, and all engineering, legal, architectural, traffic surveying, and other expenses incident to the construction of the bridge or the acquisition of the ferry or ferries, and the acquisition of the necessary property, and incident to the financing thereof, including the cost of acquiring existing franchises, rights, plans, and works of and relating to the bridge, now owned by any person, firm, or corporation, and the cost of purchasing all or any part of the shares of stock of any such corporate owner if, in the judgment of the Commission, such purchases should be found expedient. If the proceeds of the bonds

Excess of sale over cost, placed in sinking fund.

Issue of temporary bonds.

issued shall exceed the cost as finally determined, the excess shall be placed in the sinking fund hereinafter provided. Prior to the preparation of definitive bonds the Commission may, under like restrictions, issue temporary bonds or interim certificates with or without coupons of any denomination whatsoever, exchangeable for definitive bonds when such bonds have been executed and are available for delivery.

Sec. 5. In fixing the rates of toll to be charged for the use of such

Tolls adjusted to provide for maintenance, sinking fund, etc.

bridge the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of depreciating, maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to pay the principal and interest of such bonds as the same shall fall due and the redemption or repurchase price of all or any thereof redeemed or repurchased before maturity as herein provided. All tolls and other revenues from said bridge are hereby pledged to such uses and to the application thereof hereinafter in this section required. After payment or provision for payment therefrom of all such cost of maintaining, repairing, and operating and the reservation of an 144 amount of money estimated to be sufficient for the same purpose during an ensuing period of not more than six months, the remainder of tolls collected shall be placed in the sinking fund, at intervals to be determined by the Commission prior to the issuance of the

Record of expenditures and receipts.

bonds. An accurate record of the cost of the bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested.

Classification of traffic for toll adjustment.

The Commission shall classify in a reasonable way all traffic over the bridge, so that the tolls shall be so fixed and adjusted by it as to be uniform in the application thereof to all traffic falling within any such reasonable class, regardless of the status or character of any person, firm, or corporation participating in such traffic, and shall prevent all use of such bridge for traffic except upon payment

Exemptions from tolls.

of the tolls so fixed and adjusted. No toll shall be charged officials or employees of the Commission or of the Governments of the United States or Canada while in the discharge of their duties.

Sec. 6.

Maintenance of ferries not mandatory.

Nothing herein contained shall require the Commission or its successors to maintain or operate any ferry or ferries purchased hereunder, but in the discretion of the Commission or its successors any ferry or ferries so purchased, with the appurtenances and property thereto connected and belonging, may be sold or otherwise disposed of or may be abandoned and/or dismantled whenever in the judgment of the Commission or its successors it may seem expedient

Ferry tolls.

so to do. The Commission and its successors may fix such rates of toll for the use of such ferry or ferries as it may deem proper, subject to the same conditions as are hereinabove required as to tolls for

Allocated to ferry maintenance, sinking fund, etc.

traffic over the bridge. All tolls collected for the use of the ferry or ferries and the proceeds of any sale or disposition of any ferry or ferries shall be used, so far as may be necessary, to pay the cost of maintaining, repairing, and operating the same, and any residue thereof shall be paid into the sinking fund hereinabove provided

Record of expenditures and receipts.

for bonds. An accurate record of the cost of purchasing the ferry or ferries, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

Sec. 7.

Acquisition by New York, etc., of United States interests.

After payment of the bonds and interest, or after a sinking fund sufficient for such payment shall have been provided and shall be held for that purpose, the Commission shall deliver deeds or other suitable instruments of conveyance of the interest of the Commission in and to the bridge, that part within the United States to the State of New York or any municipality or agency thereof as may be authorized by or pursuant to law to accept the same (hereinafter referred to as the “United States interests”) and that

By Canada, etc., of Canadian interests.

part within Canada to the Dominion of Canada or to such Province, municipality, or agency thereof as may be authorized by or pursuant to law to accept the same (hereinafter referred to as the

Conditions.

“Canadian interests”), under the condition that the bridge shall thereafter be free of tolls and be properly maintained, operated, and repaired by the United States interests and the Canadian

If acquisition unauthorized, Commission to continue ownership, etc.

interests, as may be agreed upon; but if either the United States interests or the Canadian interests shall not be authorized to accept or shall not accept the same under such conditions, then the bridge shall continue to be owned, maintained, operated, and repaired by the Commission, and the rates of tolls shall be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management, until such time as both the United 145 States interests and the Canadian interests shall be authorized to accept and shall accept such conveyance under such conditions. If

Upon later conveyance, ferries to be sold.

at the time of such conveyance the Commission or its successors shall not have disposed of such ferry or ferries, the same shall be disposed of by sale as soon as practicable, at such price and upon such terms as the Commission or its successors may determine, but in making any such sale preference shall be given to the Canadian

Preference to Canadian interests.

interests and thereafter to the United States interests before any sale except to such respective interests.

Sec. 8.

For the purpose of carrying into effect the objects stated

Saint Lawrence Bridge Commission created.

Rights at law.

in this Act there is hereby created the Saint Lawrence Bridge Commission, and by that name, style, and title said body shall have perpetual succession; may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity; may make and have a common seal; may purchase or otherwise acquire and hold or dispose of real estate and other property; may accept and receive donations or gifts of money or other property and apply same to the purposes of this Act; and shall have and possess all powers necessary, convenient, or proper for carrying into effect the objects stated in this Act.

The Commission shall consist of eleven persons appointed by the

Composition.

Governor of New York. Such Commission shall be a body corporate and politic constituting a public-benefit corporation. Any

Vacancies.

vacancy occurring in said commission shall be filled by the Governor. Each member of the Commission and their respective successors shall qualify by giving such bond as may be fixed by the

Bond required of members.

Chief of the Bureau of Public Roads of the Department of Agriculture, conditioned for the faithful performance of all duties required by this Act. The Commission shall elect a chairman and

Election of chairman, etc.

a vice chairman from its members, and may establish rules and regulations for the government of its own business. Five members shall constitute a quorum for the transaction of business.

Sec. 9. The Commission shall have no capital stock or shares of

Capital stock, etc., ownership, by Commission forbidden.

Compensation, etc.

interest or participation, and all revenues and receipts thereof shall be applied to the purposes specified in this Act. The members of the Commission shall be entitled to a per diem compensation for their services of $10 for each day actually spent in the business of the Commission, but the maximum compensation of the chairman in any year shall not exceed $2,500 and of each other member shall not exceed $500. The members of the Commission shall also be entitled to receive traveling expense allowance of 10 cents a mile for each mile actually traveled on the business of the Commission. The Commission may employ a secretary, treasurer, engineers, attorneys,

Employment of secretary, experts, etc.

and such other experts, assistants, and employees as they may deem necessary, who shall be entitled to receive such compensation as the Commission may determine. All salaries and expenses shall be paid solely from the funds provided under the authority of this Act.

Funds available.

After all bonds and interest thereon shall have been paid and all other obligations of the Commission paid or discharged, or provision for all such payment shall have been made as hereinbefore provided, and after the bridge shall have been conveyed to the United States interests and the Canadian interests as herein provided, and any ferry or ferries shall have been sold, the Commission

Dissolution of Commission.

shall be dissolved and shall cease to have further existence by an order of the Chief of the Bureau of Public Roads made upon his own initiative or upon application of the Commission or any member or members thereof, but only after a public hearing in the

Public hearing, etc.

city of Ogdensburg, notice of the time and place of which hearing 146 and the purpose thereof shall have been published once, at least thirty days before the date thereof, in a newspaper published in the city of Ogdensburg, New York, and a newspaper published in

Division of moneys in hand.

Prescott, Ontario. At the time of such dissolution all moneys in the hands of or to the credit of the Commission shall be divided into two equal parts, one of which shall be paid to said United States interests and the other to said Canadian interests.

Sec. 10.

Creating a liability not herein specified, unlawful.

Personal liability.

Act. No obligation created or liability incurred pursuant to this Act shall be an obligation or liability of any member or members of the Commission, but shall be chargeable solely to the funds

No Federal liability.

herein provided, nor shall any indebtedness created pursuant to this Act be an indebtedness of the United States.

Sec. 11.

Enforcing provisions herein.

All provisions of this Act may be enforced, or the violation thereof prevented by mandamus, injunction, or other appropriate remedy brought by the attorney general for the State of New York, the United States district attorney for the district in which the bridge may be located in part, or by the solicitor general of the Dominion of Canada in any court having competent jurisdiction of the subject matter and of the parties.

Sec. 12.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 14, 1933.

Providing for per capita payments to the Seminole Indians in Oklahoma from funds standing to their credit in the Treasury. Chapter 76 48 Stat. 146 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 76.]

AN ACT Providing for per capita payments to the Seminole Indians in Oklahoma from funds standing to their credit in the Treasury.

June 15, 1933.

[S. 554.]

[Public, No. 53.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Seminole Indians, Okla.

Per capita payments to, from tribal funds.

That the Secretary of the Interior be, and he is hereby, authorized to pay to the enrolled members of the Seminole Tribe of Indians of Oklahoma entitled under existing law to share in the funds of said tribe, or to their lawful heirs, out of any money belonging to said tribe in the United States Treasury or deposited in any bank or held by an official under the jurisdiction of the Secretary of the Interior, not to

Provisos.

Rules, etc., for.

exceed $35 per capita: Provided, That said payment shall be made under such rules and regulations as the Secretary of the Interior may

Restricted Indians.

prescribe: Provided further, That in cases where such enrolled members, or their heirs, are Indians who belong to the restricted class, the Secretary of the Interior may, in his discretion, withhold such payments and use the same for the benefit of such restricted Indians:

Exempt from prior debts.

Provided further, That the money paid to the enrolled members or their heirs as provided herein shall be exempt from any lien for attorneys’ fees or other debt contracted prior to the passage of this

Expenses of distribution.

Act: And provided further, That the Secretary of the Interior is hereby authorized to use not to exceed $2,000 out of said Seminole tribal funds for the payment of salaries of necessary employees and other expenses for the distribution of said per capita payments.

Approved, June 15, 1933.

Providing for the establishment of a term of the District Court of the United States for the Southern District of Florida at Orlando, Florida. Chapter 77 48 Stat. 147 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 147 [CHAPTER 77.]

AN ACT Providing for the establishment of a term of the District Court of the United States for the Southern District of Florida at Orlando, Florida.

June 15, 1933.

[S. 687.]

[Public, No. 54.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That a term of

United States Courts.

Vol. 36, p. 1108; U.S.C., p. 878.

Florida southern judicial district.

Terms of court.

Proviso.

Rooms at Orlando.

the District Court of the United States for the Southern District of Florida shall be held annually at Orlando, Florida, on the first Monday in October: Provided, That suitable rooms and accommodations for holding court at Orlando are furnished without expense to the United States.

Approved, June 15, 1933.

To authorize the Secretary of War to grant a right of way to The Dalles Bridge Company. Chapter 78 48 Stat. 147 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 78.]

AN ACT To authorize the Secretary of War to grant a right of way to The Dalles Bridge Company.

June 15, 1933.

[S. 804.]

[Public, No. 55.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Celilo Canal, Oreg.

Right of way granted across, to The Dalles Bridge Company.

of War be, and he is hereby, authorized and empowered to grant to The Dalles Bridge Company, a corporation organized and existing under the laws of the State of Washington, its successors and assigns, a permanent right of way, in such location and under such terms and conditions as may be approved by the Secretary of War, over and across the Celilo Canal and other Government lands along the Columbia River near The Dalles, Oregon, for bridge and highway purposes, with full power to locate, construct, and operate a bridge, approaches and approach highways, and adjuncts: Provided, That

Provisos.

Use for bridge purposes.

the land shall not be used for other purposes and when the property shall cease to be so used it shall revert to the United States: Provided
Right to remove bridge, etc., reserved.
further, That the right to compel the removal of said bridge, approaches and approach highways, and adjuncts is hereby reserved in the Secretary of War, whenever he may determine the interests of the Government so requires, and which said removal is to be without expense to the Government as a condition of this grant.

Approved, June 15, 1933.

To amend the Act entitled “An Act to provide relief in the existing national emergency in banking, and for other purposes”, approved March 9, 1933. Chapter 79 48 Stat. 147 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 79.]

AN ACT To amend the Act entitled “An Act to provide relief in the existing national emergency in banking, and for other purposes”, approved March 9, 1933.

June 15, 1933.

[S. 1425.]

[Public, No. 56.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act entitled

Emergency Bank Act, amendment.

Ante, p. 5, amended.

“An Act to provide relief in the existing national emergency in banking, and for other purposes”, approved March 9, 1933, is amended by— (a) striking out the whole of section 301 of title III thereof and inserting in lieu thereof the following:

“Sec. 301. Notwithstanding any other provision of law, any national

Preferred stock.

Issue of more than one class, by vote of shareholders, permitted.

banking association may, with the approval of the Comptroller of the Currency and by vote of shareholders owning a majority of the stock of such association, upon not less than five days’ notice, given by registered mail pursuant to action taken by its board of directors, issue preferred stock of one or more classes, in 148

Amount, par value, etc.

such amount and with such par value as shall be approved by said Comptroller, and make such amendments to its articles of association as may be necessary for this purpose; but, in the case of any newly organized national banking association which has not yet

Payment.

issued common stock, the requirement of notice to and vote of shareholders shall not apply. No issue of preferred stock shall be valid until the par value of all stock so issued shall be paid in.”

(b)

Subsection repealed.

Ante, p. 5.

Paying dividends upon preferred stock.

striking out the whole of subsection (a) of section 302 of the said title III and inserting in lieu thereof the following:

“Notwithstanding any other provision of law, whether relating to restriction upon the payment of dividends upon capital stock or otherwise, the holders of such preferred stock shall be entitled to receive such cumulative dividends at a rate not exceeding 6 per

Voting, etc., rights.

centum per annum and shall have such voting and conversion rights and such control of management, and such stock shall be subject

Retirement provisions.

to retirement in such manner and upon such conditions, as may be provided in the articles of association with the approval of the

Personal liability.

Comptroller of the Currency. The holders of such preferred stock shall not be held individually responsible as such holders for any debts, contracts, or engagements of such association, and shall not be liable for assessments to restore impairments in the capital of such association as now provided by law with reference to holders of common stock.”

Approved, June 15, 1933.

Amending section 74 of the Judicial Code, as amended (U.S.C., Annotated title 28, sec. 147). Chapter 80 48 Stat. 148 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 80.]

AN ACT Amending section 74 of the Judicial Code, as amended (U.S.C., Annotated title 28, sec. 147).

June 15, 1933.

[S. 1650.]

[Public, No. 57.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the State of

United States courts.

Vol. 36, p. 1108, Vol. 41, p. 1146, amended.

Connecticut judicial district.

Term of court.

Connecticut shall constitute one judicial district to be known as the “district of Connecticut.” Terms of the district court shall be held at New Haven on the second Tuesday in February and the third Tuesday in September; at Hartford on the second Tuesday in May and the first Tuesday in December; at Norwalk on the third Tuesday

Columbia added.

in April; and at Columbia on the first Tuesday in September:

Proviso.

Rooms at Norwalk and Columbia.

Provided, That suitable rooms and accommodations shall be furnished for the holdings of said court and for the use of the officers of said court at Norwalk and Columbia free of expense to the Government of the United States.

Approved, June 15, 1933.

Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across Alsea Bay at or near Waldport, Lincoln County, Oregon. Chapter 81 48 Stat. 148 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 81.]

AN ACT Granting the consent of Congress to the State of Oregon to construct, maintain, and operate a toll bridge across Alsea Bay at or near Waldport, Lincoln County, Oregon.

June 15, 1933.

[S. 1747.]

[Public, No. 58.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Alsea Bay, Oreg.

Oregon may bridge at Waldport.

Post, p. 804.

That the consent of Congress is hereby granted to the State of Oregon to construct, maintain, and operate a bridge and approaches thereto across Alsea Bay, at a point suitable to the interests of navigation, at or near Waldport, Lincoln County, Oregon, in accordance with the provisions

Construction.

Vol. 34, p. 84.

of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

149

Sec. 2. If tolls are charged for the use of such bridge, the rates

Rates of toll applied to operation, sinking fund, etc.

of toll shall be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of the bridge and its approaches, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed fifteen years from the completion thereof. After a sinking

Maintenance as free bridge, etc., after amortizing costs.

fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the costs of the

Record of expenditures and receipts.

bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested.

Sec. 3. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, June 15, 1933.

To authorize the coinage of 50-cent pieces in commemoration of the one hundredth anniversary in 1936 of the independence of Texas, and of the noble and heroic sacrifices of her pioneers, whose revered memory has been an inspiration to her sons and daughters during the past century. Chapter 82 48 Stat. 149 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 82.]

AN ACT To authorize the coinage of 50-cent pieces in commemoration of the one hundredth anniversary in 1936 of the independence of Texas, and of the noble and heroic sacrifices of her pioneers, whose revered memory has been an inspiration to her sons and daughters during the past century.

June 15, 1933.

[S. 1808.]

[Public, No. 59.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That in commemoration

Texas centennial, 1936.

Silver 50-cent pieces to be coined in commemoration of.

of the one hundredth anniversary in 1936 of the independence of Texas and of the noble and heroic sacrifices of her pioneers, whose memory has been an inspiration to her sons and daughters during the past century, there shall be coined at the mints

Number, design, etc.

of the United States silver 50-cent pieces to the number of not more than one and one-half million, such 50-cent pieces to be of the standard troy weight, composition, diameter, device, and design as shall be fixed by the Director of the Mint, with the approval of the Secretary of the Treasury, which said 50-cent pieces shall be legal

Legal tender.

tender in any payment to the amount of their face value.

Sec. 2. That the coins herein authorized shall be issued only upon

Issued to American Legion Texas Centennial Committee.

the request of the American Legion Texas Centennial Committee, of Austin, Texas, upon payment by such American Legion Texas Centennial Committee of the par value of such coins, and it shall be permissible for the said American Legion Texas Centennial Committee to obtain said coins upon said payment, all at one time or at

Payment.

separate times, and in separate amounts, as it may determine.

Sec. 3. That all laws now in force relating to the subsidiary silver

Coinage loans applicable.

coins of the United States and the coining or striking of the same, regulating the guarding and process of coinage, providing for the purchase of material, and for the transportation, disposition, and redemption of coins, for the prevention of debasement or counter-feiting, for security of the coins, or for any other purposes, whether said laws are penal or otherwise, shall, so far as applicable, apply to the coinage herein authorized: Provided, That the United State’s

Proviso.

No expense for dies, etc.

shall not be subject to the expense of making the necessary dies and other preparations for this coinage.

Approved, June 15, 1933.

Providing for the sale to Joe Graham Post Numbered 119, American Legion, of the lands lying within the Ship Island Military Reservation in the State of Mississippi. Chapter 83 48 Stat. 150 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 150 [CHAPTER 83.]

AN ACT Providing for the sale to Joe Graham Post Numbered 119, American Legion, of the lands lying within the Ship Island Military Reservation in the State of Mississippi.

June 15, 1933.

[S. 1813.]

[Public, No. 60.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Ship Island Military Reservation, Miss.

Sales of lands within, to Joe Graham Post, American Legion.

Vol. 45, p. 1556.

That notwithstanding the provisions of the Act entitled “An Act transferring a portion of the lighthouse reservation, Ship Island, Mississippi, to the jurisdiction and control of the War Department”, approved March 4, 1929, the Secretary of War is authorized and directed to convey by quitclaim deed to Joe Graham Post Numbered 119, of the American Legion, Incorporated, a corporation organized under the

Payment.

laws of the State of Mississippi, all the lands lying within the Ship Island Military Reservation in such State, in consideration of the payment to the United States by such corporation of $15,000; but payment of such sum may be made in equal annual installments over a period of ten years from the date of such conveyance with interest

Receipts credited to military construction fund.

on such deferred payments at the rate of 5 per centum per annum, all interest due to be paid annually. All sums paid to the United States for such land shall be covered into the Treasury to the credit of the

Terms and conditions.

military post construction fund. It shall be made a condition of the deed of conveyance herein provided for (1) that the lands so conveyed shall be maintained by such corporation as a national recreational park, (2) that such corporation shall erect and maintain on such lands a suitable monument or other memorial to the veterans of the World War, and (3) that such corporation shall set aside such parcel of land not exceeding one acre in area within such lands as may be selected by the United Daughters of the Confederacy for

Reversionary provisions.

the sole use of that organization for the erection and maintenance of a memorial to veterans of the Civil War. If the corporation fails to use such lands for the purposes herein provided, or violates any of the conditions of the deed of conveyance or attempts to alienate such lands, title thereto shall revert to the United States.

Approved, June 15, 1933.

Authorizing Farris Engineering Company, its successors and assigns, to construct, maintain, and operate a bridge across the Monongahela River at or near California, Pennsylvania. Chapter 84 48 Stat. 150 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 84.]

AN ACT Authorizing Farris Engineering Company, its successors and assigns, to construct, maintain, and operate a bridge across the Monongahela River at or near California, Pennsylvania.

June 15, 1933.

[H.R. 4872.]

[Public, No. 61.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Monongahela River.

Farris Engineering Company may bridge, at California, Pa.

That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, Farris Engineering Company, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Monongahela River, at a point suitable to the interests of navigation, at or near California, Pennsylvania, in accordance with the

Construction.

Vol. 34, p. 84.

provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2.

Pennsylvania may acquire, after completion.

After the completion of such bridge, as determined by the Secretary of War, either the State of Pennsylvania, any political subdivision thereof within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge 151 and its approaches, and any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation or expropriation. if

Compensation, if acquired by condemnation.

at any time after the expiration of five years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing

Limitation.

such bridge and its approaches, less a reasonable deduction for actual depreciation in value; (2) the actual cost of acquiring such interest in real property; (3) actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property; and (4) actual expenditures for necessary improvements.

Sec. 3. If such bridge shall at any time be taken over or acquired

Tolls under State operation.

by the State of Pennsylvania, or by any municipality or other political subdivision or public agency thereof, under the provisions of section 2 of this Act, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund

Rates applied to operation, sinking fund, etc.

sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not

Maintenance as free bridge, etc., after amortizing costs.

to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of

Record of expenditures and receipts.

the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

Sec. 4. The Farris Engineering Company, its successors and

Sworn statement of construction costs, etc., to be filed after completion.

assigns, shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the Highway Department of the State of Pennsylvania, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary

Examination by Secretary of War.

of War may, and at the request of the Highway Department of the State of Pennsylvania shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge; for the purpose of such investigation the said Farris Engineering Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of

Finding of Secretary conclusive.

the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 2 of this Act, subject only to review in a court of equity for fraud or gross mistake.

Sec. 5. The right to sell, assign, transfer, and mortgage all the

Right to sell, etc., conferred.

rights, powers, and privileges conferred by this Act is hereby granted to Farris Engineering Company, its successors and assigns; and any 152 corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person.

Sec. 6.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 15, 1933.

To amend section 289 of the Criminal Code. Chapter 85 48 Stat. 152 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 85.]

AN ACT To amend section 289 of the Criminal Code.

June 15, 1933.

[H.R. 5091.]

[Public, No. 62.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Criminal Code Amendment.

Vol. 35, p. 1145, amended.

U.S.C. p. 499.

That section 289 of the Criminal Code (U.S.C., title 18, sec. 468) be, and it is hereby, amended to read as follows:

“Sec. 289.

Offenses committed in places under Federal jurisdiction.

Punishment for, under State, etc., law when penalty not provided by Federal law.

Whoever, within the territorial limits of any State, organized Territory, or District, but within or upon any of the places now existing or hereafter reserved or acquired, described in section 272 of the Criminal Code (U.S.C., title 18, sec. 451), shall do or omit the doing of any act or thing which is not made penal by any laws of Congress, but which if committed or omitted within the jurisdiction of the State, Territory, or District in which such place is situated, by the laws thereof in force on June 1, 1933, and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal, shall be deemed guilty of a like offense and be subject to a like punishment.”

Approved, June 15, 1933.

Granting the consent of Congress to the city of Washington, Missouri, to construct, maintain, and operate a toll bridge across the Missouri River at or near Washington, Missouri. Chapter 86 48 Stat. 152 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 86.]

AN ACT Granting the consent of Congress to the city of Washington, Missouri, to construct, maintain, and operate a toll bridge across the Missouri River at or near Washington, Missouri.

June 15, 1933.

[H.R. 5589.]

[Public, No. 63.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Missouri River.

Washington, Mo., may bridge.

Post, p. 1015.

That the consent of Congress is hereby granted to the city of Washington, Missouri, to construct, maintain, and operate a bridge and approaches thereto

Construction.

Vol. 34, p. 84.

across the Missouri River, at a point suitable to the interests of navigation, at or near Washington, Missouri, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2.

Toll rates applied to operation, sinking fund, etc.

Maintenance as free bridge after amortizing costs.

to exceed twenty years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under 153 economical management. An accurate record of the costs of the

Record of expenditure and receipts.

Sec. 3. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, June 15, 1933.

To amend the National Defense Act of June 3, 1916, as amended. Chapter 87 48 Stat. 153 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 87.]

AN ACT To amend the National Defense Act of June 3, 1916, as amended.

June 15, 1933.

[H. R. 5645.]

[Public, No. 64.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 1 of

National Defense Act amendments.

Vol. 39, p. 166; Vol. 41, p. 759.

the National Defense Act of June 3, 1916, as amended, be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“Section 1. That the Army of the United States shall consist of

Regular Army.

National Guard of the United States, added.

the Regular Army, the National Guard of the United States, the National Guard while in the service of the United States, the Officers’ Reserve Corps, the Organized Reserves, and the Enlisted Reserve Corps.”

Sec. 2. That the fourth paragraph of section 5 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“All policies and regulations affecting the organization and distribution

General Staff Corps.

Vol. 41, p. 763, amended.

of the National Guard of the United States, and all policies and regulations affecting the organization, distribution, and training of the National Guard, shall be prepared by committees of

Committees of, to prepare policies, etc., affecting National Guard.

Equal number of National Guard of U. S. officers to be added.

appropriate branches or divisions of the War Department General Staff, to which shall be added an equal number of officers from the National Guard of the United States, whose names are borne on lists of officers suitable for such duty, submitted by the governors of their respective States and Territories, and for the District of Columbia by the Commanding General, District of Columbia National Guard.

“All policies and regulations affecting the organization, distribution,

Reserves, etc.

Reserve officers added, in formulating policies affecting organization.

training, appointment, assignment, promotion, and discharge of members of the Officers’ Reserve Corps, the Organized Reserves, and the Enlisted Reserve Corps shall be prepared by committees of appropriate branches or divisions of the War Department General Staff to which shall be added an equal number of officers from the Officers’ Reserve Corps: Provided, That when the subject to be

Provisos.

Representation on committees to study.

studied affects the National Guard of the United States or the National Guard and the Officers’ Reserve Corps, the Organized Reserves or the Enlisted Reserve Corps, such committees shall consist of an equal representation from the Regular Army, the National Guard of the United States, and the Officers’ Reserve Corps. There shall be not less than ten officers on duty in the War Department

Duty in War Department.

General Staff, one half of whom shall be from the National Guard of the United States and one half from the Officers’ Reserve Corps. For the purpose specified herein such officers shall be regarded as additional members of the General Staff while so serving: Provided
Chief of Staff to transmit recommendations to Secretary of War.
further, That the Chief of Staff shall transmit to the Secretary of War the policies and regulations prepared as hereinbefore prescribed in this paragraph and advise him in regard thereto. After action

Act as agent.

by the Secretary of War thereon the Chief of Staff shall act as the agent of the Secretary of War in carrying the same into effect.

154

Exercise same powers as over the Army.

The Chief of Staff shall exercise the same supervision and control of the reserve components of the Army of the United States as he does over the Regular Army.

Sec. 3.

Vol. 41, p. 775; Vol. 42, p. 1033.

That section 37 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“Sec. 37.

Officers’ Reserve Corps.

Composition, grades, etc.

Post, p. 939.

Officers’ Reserve Corps.— For the purpose of providing a reserve of officers available for military service when needed there shall be organized an Officers’ Reserve Corps consisting of general officers and officers assigned to sections corresponding to the various branches of the Regular Army and such additional sections as the President may direct. The grades in each section and the number in each grade shall be as the President may prescribe. All persons appointed in the Officers’ Reserve Corps are reserve officers

Appointments by President alone, except general officers.

and shall be commissioned in the Army of the United States. Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the

Periods.

advice and consent of the Senate. Appointment in every case in the Officers’ Reserve Corps shall be for a period of five years, but an appointment in force at the outbreak of war shall continue in

Proviso.

War-time service.

force until six months after its termination: Provided, That an officer of the Officers’ Reserve Corps shall be entitled to be relieved from active Federal service within six months after its termination

Discharges.

if he makes application therefor. Any officer of the Officers’ Reserve Corps may be discharged at any time in the discretion of the President.

Citizenship, etc., requirements.

Post, p. 939.

In time of peace an officer of the Officers’ Reserve Corps must at the time of his appointment be a citizen of the United States between the ages of twenty-one and sixty years. Any person

Former service qualifications.

who has been an officer of the Army of the United States at any time between April 6, 1917, and June 30, 1919, or who has been an officer of the Regular Army at any time, if qualified, may be appointed in the Officers’ Reserve Corps in the highest grade which

Limitation on peace appointments.

he held or any lower grade. No other person except as herein provided shall in time of peace be originally appointed as a reserve officer of Infantry, Cavalry, Field Artillery, Coast Artillery, or Air Corps in a grade above that of second lieutenant. In time of peace appointments in the Infantry, Cavalry, Field Artillery, Coast Artillery, and Air Corps shall be limited to former officers of the Army,

Vol. 41, p. 778.

former officers of the National Guard of the United States, graduates of the Reserve Officers’ Training Corps, as provided in section 47b hereof; warrant officers, and enlisted men of the Regular Army, National Guard of the United States, and Enlisted Reserve Corps and persons who served in the Army at some time between April 6,

Promotions and transfers.

1917, and November 11, 1918. Promotions in all grades of officers who have established, or may hereafter establish, their qualifications for such promotion, and transfer, shall be made under such regulations as may be prescribed by the Secretary of War, and shall be based so far as practicable upon recommendations made in the established chain of command. So far as practicable, in time of peace,

Reserve appointments.

officers of the Officers’ Reserve Corps shall be assigned to units in the locality of their places of residence. Nothing in this Act shall operate to deprive an officer of the reserve appointment he now

Proviso.

Executive power over.

Status of reserve officers not on active duty.

holds: Provided, That this shall not apply to the discretionary-discharge power of the President previously mentioned. Members of the Officers’ Reserve Corps, while not on active duty, shall not, by reason solely of their appointments, oaths, commissions, or status as such, or any duties or functions performed or pay or allowances received as such, be held or deemed to be officers or employees of the United States, or persons holding any office of trust or profit or dis-155charging any official function under or in connection with any department of the Government of the United States.”

Sec. 4. That section 38 of said Act be, and the same is hereby,

Vol. 39, p. 190; Vol. 43, p. 470, amended.

amended by striking out the same and inserting the following in lieu thereof:

“Sec. 38. Officers, National Guard of the United States.—

All

Officers of the National Guard of the U.S., commissions in Army.

persons appointed officers in the National Guard of the United States are reserve officers and shall be commissioned in the Army of the United States. Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers

Appointments.

by and with the advice and consent of the Senate.

“Officers in the National Guard of the United States shall be

Period.

appointed for the period during which they are federally recognized in the same grade and branch in the National Guard: Provided,

Provisos.

At outbreak of war.

That an appointment in force at the outbreak of war shall continue in force until six months after its termination: And provided further,

Relief after close of war.

That such officer shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor.

“In time of peace the President may order to active duty, with

Active peace duty.

their consent, officers of the National Guard of the United States for the purposes set forth in sections 5 and 81 of this Act. When on

Pay and allowances.

such active duty an officer of the National Guard of the United States shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service and mileage from his home to his first station and from his last station to his home, but shall not be entitled to retirement or retired pay: Provided,

Proviso.

Payment from National Guard appropriations.

That such officers ordered to such active duty shall be paid out of the funds appropriated for the pay of the National Guard.

“Officers of the National Guard of the United States, while not on

Status of while not on active duty.

active duty, shall not, by reason solely of their appointments, oaths, commissions, or status as such, or any duties or functions performed or pay or allowances received as such, be held or deemed to be officers or employees of the United States, or persons holding any office of trust or profit or discharging any official function under or in connection with any department of the Government of the United States.”

Sec. 5. That section 58 of said Act be, and the same is hereby,

Vol. 39, p. 197; Vol. 43, p. 1075, amended.

amended by striking out the same and inserting the following in lieu thereof:

“Sec. 58. Composition of the National Guard and the National

National Guard of U.S.; of the several States, etc.

Composition.

Guard of the United States.—

The National Guard of each State, Territory, and the District of Columbia shall consist of members of the militia voluntarily enlisted therein, who upon original enlistment

Eligible ages.

shall be not less than eighteen nor more than forty-five years of age, or who in subsequent enlistment shall be not more than sixty-four years of age, organized, armed, equipped, and federally recognized as hereinafter provided, and of commissioned officers and warrant officers who are citizens of the United States between the ages of twenty-one and sixty-four years: Provided, That former members of

Proviso.

Enlistment of former members of Army, etc.

the Regular Army, Navy, or Marine Corps under sixty-four years of age may enlist in said National Guard.

“The National Guard of the United States is hereby established.

National Guard of the United States established.

Status of; composition.

It shall be a reserve component of the Army of the United States and shall consist of those federally recognized National Guard units, and organizations, and of the officers, warrant officers, and enlisted members of the National Guard of the several States, Territories, and the District of Columbia, who shall have been appointed, enlisted and appointed, or enlisted, as the case may be, in the 156

Post, p. 160.

National Guard of the United States, as hereinafter provided, and of such other officers and warrant officers as may be appointed

Provisos.

Deemed not in active service except when so ordered.

therein as provided in section 111 hereof: Provided, That the members of the National Guard of the United States shall not be in the active service of the United States except when ordered thereto in accordance with law, and, in time of peace, they shall be administered, armed, uniformed, equipped, and trained in their status as the National Guard of the several States, Territories, and the District

Appointment of noncommissioned National Guard officers.

of Columbia, as provided in this Act: And provided further, That under such regulations as the Secretary of War shall prescribe, noncommissioned officers, first-class privates, and enlisted specialists of the National Guard may be appointed in corresponding grades, ratings, and branches of the National Guard of the United States, without vacating their respective grades and ratings in the National Guard.”

Sec. 6.

Vol. 39, p. 197.

That section 60 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“Sec. 60.

Unit organizations.

Organization of National Guard units.— Except as otherwise specifically provided herein, the organization of the National Guard, including the composition of all units thereof, shall be the same as that which is or may hereafter be prescribed for the Regular Army, subject in time of peace to such general exceptions as may be authorized by the Secretary of War. And

President to prescribe.

the President may prescribe the particular unit or units, as to branch or arm of service, to be maintained in each State, Territory, or the

Proviso.

State approval.

District of Columbia in order to secure a force which, when combined, shall form complete higher tactical units: Provided, That no change in allotment, branch, or arm of units or organizations wholly within a single State will be made without the approval of the governor of the State concerned.”

Sec. 7.

Vol. 39, p. 200; Vol. 43, p. 470.

That section 69 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“Sec. 69.

Enlistments, National Guard and National Guard of the United States.

Enlistments in the National Guard and in the National Guard of the United States.— Original enlistments in the National Guard and in the National Guard of the United States shall be for a period of three years, and subsequent enlistments for

Provisos.

Transfers of enlisted men to National Guard of United States for unexpired terms.

periods of one or three years each: Provided, That all enlisted men of the National Guard on the date of approval of this Act may, under such regulations as may be prescribed by the Secretary of War, be enlisted in grade, rating, and branch in the National Guard of the United States for the remaining unexpired portions of their

Enlistment period may be extended in an emergency.

enlistments in the National Guard: And Provided further, That in the event of an emergency declared by Congress the period of any enlistment which otherwise would expire may by Presidential proclamation be extended for a period of six months after the termination of the emergency.”

Sec. 8

Vol. 39, p. 201; Vol. 41, p. 781, amended.

That section 70 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“Sec. 70.

Enlistment contract and oath.

Men enlisting in the National Guard of the several States, Territories, and the District of Columbia, and in the National Guard of the United States, shall sign an enlistment contract and subscribe to the following oath or affirmation:

Form.

“I do hereby acknowledge to have voluntarily enlisted this _ _ _ _ _ day of _ _ _ _ _ _, 19_ _, as a soldier in the National Guard of the United States and the State of _ _ _ _ _ _, for the period of three (or one) year_ _, under the conditions prescribed by law, unless sooner dis-157charged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the State of _ _ _ _ _ _, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States and of the Governor of the State of _ _ _ _ _ _, and of the officers appointed over me according to law and the rules and Articles of War.”

Sec. 9. That said Act be amended by adding section 71 thereto, as

New section.

Vol. 41, p. 781, amended.

follows:

“Sec. 71. Definitions.— In this Act, unless the context or subject

Definitions.

matter otherwise requires— “(a) ‘National Guard’ or ‘National Guard of the several States,

“National Guard.”

Territories, and the District of Columbia’ means that portion of the Organized Militia of the several States, Territories, and the District of Columbia, active and inactive, federally recognized as provided in this Act and organized, armed, and equipped in whole or in part at Federal expense and officered and trained under paragraph 16, section 8, article I of the Constitution. “(b) ‘National Guard of the United States’ means a reserve

“National Guard of the United States.”

component of the Army of the United States composed of those federally recognized units and organizations and persons duly appointed and commissioned in the active and inactive National Guard of the several States, Territories, and the District of Columbia, who have taken and subscribed to the oath of office prescribed in section 73 of this Act, and who have been duly appointed by the President in the National Guard of the United States, as provided in this Act, and of those officers and warrant officers appointed as prescribed in sections 75 and 111 of this Act, and of those persons duly enlisted in

Post, pp. 158, 160.

the National Guard of the United States and of the several States, Territories, and the District of Columbia who have taken and subscribed to the oath of enlistment prescribed in section 70 of this Act.

Sec. 10. That section 72 of said Act be, and the same is hereby,

Vol. 41, p. 781, amended.

amended by striking out the same and inserting the following in lieu thereof:

“Sec. 72. An enlisted man discharged from service in the National

Discharges; certificates to be given.

Guard and the National Guard of the United States shall receive a discharge in writing in such form and with such classification as is

Draft feature eliminated.

or shall be prescribed for the Regular Army, and in time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as the Secretary of War may prescribe.”

Sec. 11. That section 73 of said Act be, and the same is hereby,

Vol. 39, p. 201.

amended by striking out the same and inserting the following in lieu thereof:

“Sec. 73. Oaths of National Guard officers—Appointment in the National Guard of the United States.—

Oath of officers.

Commissioned officers and warrant officers of the National Guard of the several States, Territories, and the District of Columbia and in the National Guard of the United States shall take and subscribe to the following oath of office:

“I, _ _ _ _ _ _ _ _, do solemnly swear that I will support and defend the Constitution of the United States and the constitution of the State of _ _ _ _ _ _ _ against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of _ _ _ _ _ _ _ _; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of _ _ _ _ _ _ _ in the National Guard of the United States and of the State of _ _ _ _ _ _ _ _ upon which I am about to enter, so help me God.

158

Appointment to same grade and branch in the National Guard of the United States.

“The President is authorized to appoint in the same grade and branch in the National Guard of the United States any person who is an officer or warrant officer in the National Guard of any State, Territory, or the District of Columbia and who is federally recognized

Proviso.

Not to vacate State, etc., office.

in that grade and branch: Provided, That acceptance of appointment in the same grade and branch in the National Guard of the United States, by an officer of the National Guard of a State, Territory, or the District of Columbia, shall not operate to vacate his State, Territory, or District of Columbia National Guard office.

Federally recognized officers of National Guard, appointment, etc.

“Officers or warrant officers of the National Guard who are in a federally recognized status on the date of the approval of this Act shall take the oath of office herein prescribed and shall be appointed in the National Guard of the United States in the same grade and branch without further examination, other than physical, within a time limit to be fixed by the President, and shall in the meantime continue to enjoy all the rights, benefits, and privileges conferred by this Act.”

Sec. 12.

Vol. 39, p. 202.

That section 75 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“Sec. 75.

Examinations for commissions.

The provisions of this Act shall not apply to any person hereafter appointed as an officer of the National Guard unless he first shall have successfully passed such tests as to his physical, moral, and professional fitness as the President shall prescribe.

Board of examiners.

The examination to determine such qualifications for appointment shall be conducted by a board of three commissioned officers appointed by the Secretary of War from the Regular Army or the National Guard of the United States, or both. The examination herein provided for may be held prior to the original appointment or promotion of any individual as an officer or warrant officer and

Certificate to issue, if qualified.

if the applicant has been found qualified, he may be issued a certificate of eligibility by the Chief of the National Guard Bureau, which certificate, in the event of appointment or promotion within two years to the office for which he was found qualified, shall entitle the holder to Federal recognition without further examination, except as to his physical condition.

Eligibility for appointment in National Guard of the United States.

Vol. 39, p. 202.

“Upon being federally recognized such officers and warrant officers may be appointed in the National Guard of the United States.”

Sec. 13. That section 76 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“Sec. 76.

Withdrawal of Federal recognition.

Withdrawal of Federal recognition.— Under such regulations as the President shall prescribe the capacity and general fitness of any officer or warrant officer of the National Guard of the several States, Territories, and the District of Columbia for continued Federal recognition may at any time be investigated by an efficiency board of officers senior in rank to the officer under investigation, appointed by the Secretary of War from the Regular Army or the National Guard of the United States, or both. If

Absence without leave for 3 months.

the findings of said board be unfavorable to the officer under investigation and be approved by the President, Federal recognition shall be withdrawn and he shall be discharged from the National Guard of the United States. Federal recognition may be withdrawn by the Secretary of War and his appointment in the National Guard of the United States may be terminated when an officer or warrant officer of the National Guard of any State, Territory, or the District of Columbia has been absent without leave for three months.”

159

Sec. 14. That section 77 of said Act be, and the same is hereby,

Vol. 39, p. 202, amended.

amended by striking out the same and inserting the following in lieu thereof:

“Sec. 77. Elimination and disposition of officers of the National Guard of the United States.—

Vacating, etc., commissions and grounds therefor.

The appointments of officers and warrant officers of the National Guard may be terminated or vacated in such manner as the several States, Territories, or the District of Columbia shall provide by law. Whenever the appointment of an officer or warrant officer of the National Guard of a State, Territory, or the District of Columbia has been vacated or terminated, or upon reaching the age of sixty-four, the Federal recognition of such officer shall be withdrawn and he shall be discharged from the National Guard of the United States: Provided, That

Proviso.

Status of National Guard officer upon termination of service therein.

under such regulations as the Secretary of War may prescribe upon termination of service in the active National Guard an officer of the National Guard of the United States may, if he makes application therefor, remain in the National Guard of the United States in the same grade and branch of service. When Federal recognition is withdrawn from any officer or warrant officer of the National Guard

Discharge on withdrawal of Federal recognition or reaching age limit.

Ante, p. 158.

of any State, Territory, or the District of Columbia, as provided in section 76 of this Act, or upon reaching the age of sixty-four years, he shall thereupon cease to be a member thereof and shall be given a discharge certificate therefrom by the official authorized to appoint such officer.”

Sec. 15. That section 78 of said Act be, and the same is hereby,

Vol. 39, p. 202; Vol. 43, p. 1076.

amended by striking out the same and inserting the following in lieu thereof:

“Sec. 78.

Men duly qualified for enlistment in the active National

National Guard reserve superseded by inactive National Guard.

Term of enlistment, contract, oath, etc.

Guard may enlist for one term only in the inactive National Guard and in the National Guard of the United States for a period of one or three years, under such regulations as the Secretary of War shall prescribe, and on so enlisting they shall sign an enlistment contract

Ante, p. 156.

and subscribe to the oath or affirmation in section 70 of this Act.

“Under such regulations as the Secretary of War may prescribe,

Transfers between active and inactive services.

enlisted men of the active National Guard, not formerly enlisted in the inactive National Guard or the National Guard of the United States, may be transferred to the inactive National Guard; likewise enlisted men hereafter enlisted in or transferred to the inactive National Guard may be transferred to the active National Guard: Provided,

Proviso.

Peace time service.

That in time of peace no enlisted man shall be required to serve under any enlistment for a longer time than the period for which he enlisted in the active or inactive National Guard, as the case may be. Members of said inactive National Guard, when engaged in field

Field, etc., service pay.

or coast-defense training with the active National Guard, shall receive the same Federal pay and allowances as those occupying like grades on the active list of said National Guard when likewise engaged.”

Sec. 16. That section 81 of said Act be, and the same is hereby,

Vol. 39, p. 203; Vol. 43, p. 1076, amended.

amended by striking out the same and inserting the following in lieu thereof:

“Sec. 81. The National Guard Bureau.—

The Militia Bureau of

National Guard Bureau.

Appointment of Chief.

the War Department shall hereafter be known as the National Guard Bureau. The Chief of the National Guard Bureau shall be appointed by the President, by and with the advice and consent of the Senate, by selection from lists of officers of the National Guard of the United States recommended as suitable for such appointment by their respective governors, and who have had ten or more years’

Qualifications.

commissioned service in the active National Guard, at least five of which have been in the line, and who have attained at least the grade 160

Term.

of colonel. The Chief of the National Guard Bureau shall hold office for four years unless sooner removed for cause, and shall not be eligible to succeed himself, and when sixty-four years of age shall

Rank.

cease to hold such office. Upon accepting his office, the Chief of the National Guard Bureau shall be appointed a major general in the National Guard of the United States, and commissioned in the Army of the United States, and while so serving he shall have the rank,

Pay and allowances.

pay, and allowances of a major general, provided by law, but shall not be entitled to retirement or retired pay.

Assignment of Army officers to, etc.

“For duty in the National Guard Bureau and for instruction of the National Guard the President shall assign such number of officers of the Regular Army as he may deem necessary; also, such number of enlisted men of the Regular Army for duty in the instruction of

Detail of National Guard of U. S. officers to.

the National Guard. The President may also order, with their consent, to active duty in the National Guard Bureau, not more than four officers who at the time of their initial assignments hold appointments in the National Guard of the United States, and any such officers while so assigned shall receive the pay and allowances provided by law.

Filling vacancies.

“In case the office of the Chief of the National Guard Bureau becomes vacant or the incumbent because of disability is unable to discharge the powers and duties of the office, the senior officer on duty in the National Guard Bureau, appointed from the National Guard of the United States, shall act as chief of said bureau until the incumbent is able to resume his duties or the vacancy in the office is

Payment from National Guard appropriation.

regularly filled. The pay and allowances provided in this section for the Chief of the National Guard Bureau and for the officers ordered to active duty from the National Guard of the United States shall be paid out of the funds appropriated for the pay of the National Guard.”

Sec. 17.

Vol. 39, p. 203, amended.

That section 82 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“Sec. 82.

National Guard, armament, equipment, etc.

Armament, equipment, and uniform of the National Guard.— The National Guard shall, as far as practicable, be uniformed, armed, and equipped with the same type of uniforms, arms, and equipments as are or shall be provided for the Regular Army.”

Sec. 18.

Vol. 39, p. 211; Vol. 41, p. 784.

That section 111 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“Sec. 111.

President’s order for active military service in national emergency.

When Congress shall have declared a national emergency and shall have authorized the use of armed land forces of the United States for any purpose requiring the use of troops in excess of those of the Regular Army, the President may, under such regulations, including such physical examination as he may prescribe, order into the active military service of the United States, to serve therein for the period of the war or emergency, unless sooner relieved, any or all units and the members thereof of the

Persons so ordered relieved temporarily from State, etc., obligations.

National Guard of the United States. All persons so ordered into the active military service of the United States shall from the date of such order stand relieved from duty in the National Guard of their respective States, Territories, and the District of Columbia so long as they shall remain in the active military service of the

To be subject to Army regulations, etc.

United States, and during such time shall be subject to such laws and regulations for the government of the Army of the United States as may be applicable to members of the Army whose permanent

Units to be kept intact.

retention in active military service is not contemplated by law. The organization of said units existing at the date of the 161 order into active Federal service shall be maintained intact insofar as practicable.

“Commissioned officers and warrant officers appointed in the

Officers thereof ordered to active duty.

National Guard of the United States and commissioned or holding warrants in the Army of the United States, ordered into Federal service as herein provided, shall be ordered to active duty under such appointments and commissions or warrants: Provided, That

Proviso.

National Guard officers not holding appointments in National Guard of United States, etc.

those officers and warrant officers of the National Guard who do not hold appointments in the National Guard of the United States and commissions or warrants in the Army of the United States may be appointed and commissioned or tendered warrants therein by the President, in the same grade and branch they hold in the National Guard.

“Officers and enlisted men while in the service of the United States

Pay and allowances.

under the terms of this section shall receive the pay and allowances provided by law for officers and enlisted men of the reserve forces when ordered to active duty, except brigadier generals and major generals, who shall receive the same pay and allowances as provided by law for brigadier generals and major generals of the Regular

Units, etc., to revert to State status on relief from active duty, etc.

Army, respectively. Upon being relieved from active duty in the military service of the United States all individuals and units shall thereupon revert to their National Guard status.

“In the initial mobilization of the National Guard of the United

War strength officer personnel.

States, war-strength officer personnel shall be taken from the National Guard as far as practicable, and for the purpose of this expansion warrant officers and enlisted men of the National Guard may, in time of peace, be appointed officers in the National Guard of the United States and commissioned in the Army of the United States.”

Sec. 19. That section 112 of said Act be, and the same is hereby,

Vol. 39, p. 211, amended.

amended by striking out the same and inserting the following in lieu thereof:

“Sec. 112. Rights to pensions.— When any officer, warrant officer,

Pension laws made applicable.

or enlisted man of the National Guard or the National Guard of the United States called or ordered into the active service of the United States, or when any officer of the Officers’ Reserve Corps or any person in the Enlisted Reserve Corps ordered into active service except for training, is disabled by reason of wounds or disability

Disabilities incurred in active service.

received or incurred while in the active service of the United States, he shall be entitled to all the benefits of the pension laws existing at the time of his active service; and in case such officer or

Death.

enlisted man dies in the active service of the United States or in returning to his place of residence after being mustered out of active service, or at any other time in consequence of wounds or disabilities received in such active service, his widow and children, if any, shall be entitled to all the benefits of such pension laws.”

Sec. 20. That the seventh paragraph of section 127a of said

Vol. 41, p. 785, amended.

Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof:

“In time of war any officer of the Regular Army may be appointed

Commissions.

to higher temporary grade without vacating his permanent appointment. In time of war any officer of the Regular Army appointed to higher temporary grade, and all other persons appointed, as

Appointments by President alone except general officers.

officers, shall be appointed and commissioned in the Army of the United States. Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate: Provided, That

Proviso.

War time service.

an appointment, other than that of a member of the Regular Army 162 made in time of war, shall continue until six months after its termination, and an officer appointed in time of war shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor.”

Approved, June 15, 1933.

To revive and reenact the Act entitled “An Act authorizing Jed P. Ladd, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across Lake Champlain from East Alburg, Vermont, to West Swanton, Vermont”, approved March 2, 1929. Chapter 88 48 Stat. 162 1933-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 88.]

AN ACT To revive and reenact the Act entitled “An Act authorizing Jed P. Ladd, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across Lake Champlain from East Alburg, Vermont, to West Swanton, Vermont”, approved March 2, 1929.

June 15, 1933.

[H.R. 5793.]

[Public, No. 65.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Lake Champlain.

Construction of bridge across, at East Alburg, Vt.

Vol. 45, p. 1506.

That the Act of Congress approved March 2, 1929, authorizing Jed P. Ladd, his heirs, legal representatives, and assigns, to construct a bridge across Lake Champlain, between a point at or near East Alburg, Vermont, and a point at or near Swanton, Vermont, be, and the same is hereby,

Proviso.

Commencement of construction.

revived and reenacted: Provided, That this Act shall be null and void unless the actual construction of the bridge herein referred to be commenced within one year and completed within three years from the date of approval hereof.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 15, 1933.

To provide for the safer and more effective use of the assets of banks, to regulate interbank control, to prevent the undue diversion of funds into speculative operations, and for other purposes. Chapter 89 48 Stat. 162 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 89.]

AN ACT To provide for the safer and more effective use of the assets of banks, to regulate interbank control, to prevent the undue diversion of funds into speculative operations, and for other purposes.

June 16, 1933.

[H. R. 5661.]

[Public, No. 66.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Banking Act of 1933.

Post, p. 888.

That the short title of this Act shall be the “Banking Act of 1933.”

Sec. 2. As used in this Act and in any provision of law amended by this Act— (a)

Terms construed.

The terms “banks”, “national bank”, “national banking association”, “member bank”, “board”, “district”, and “reserve

Vol. 38, p. 251.

U.S.C., p. 274.

bank” shall have the meanings assigned to them in section 1 of the Federal Reserve Act, as amended. (b)

“Affiliates,” organizations included within term.

Except where otherwise specifically provided, the term “affiliate” shall include any corporation, business trust, association, or other similar organization— (1)

Member bank having controlling interest.

Of which a member bank, directly or indirectly, owns or controls either a majority of the voting shares or more than 50 per centum of the number of shares voted for the election of its directors, trustees, or other persons exercising similar functions at the preceding election, or controls in any manner the election of a majority of its directors, trustees, or other persons exercising similar functions; or (2)

Shareholders of member bank control.

Of which control is held, directly or indirectly, through stock ownership or in any other manner, by the shareholders of a member bank who own or control either a majority of the shares of such bank or more than 50 per centum of the number of shares voted for the election of directors of such bank at the preceding election, or by trustees for the benefit of the shareholders of any such bank; or 163 (3) Of which a majority of its directors, trustees, or other persons

Majority directors of, are directors of member bank.

exercising similar functions are directors of any one member bank. (c) The term “holding company affiliate” shall include any corporation,

“Holding company affiliate,” organizations included within term.

business trust, association, or other similar organization— (1) Which owns or controls, directly or indirectly, either a

When majority of shares of capital stock of member bank owned, etc.

majority of the shares of capital stock of a member bank or more than 50 per centum of the number of shares voted for the election of directors of any one bank at the preceding election, or controls in any manner the election of a majority of the directors of any one bank; or (2) For the benefit of whose shareholders or members all or

When capital stock of member bank held in trust.

substantially all the capital stock of a member bank is held by trustees.

Sec. 3. (a) The fourth paragraph after paragraph “Eighth” of

Vol. 38, p. 255.

U.S.C., p. 278.

section 4 of the Federal Reserve Act, as amended (U.S.C., title 12, sec. 301), is amended to read as follows:

“Said board of directors shall administer the affairs of said bank

Board of directors.

Extension of discounts, advancements, etc., to member banks.

fairly and impartially and without discrimination in favor of or against any member bank or banks and may, subject to the provisions of law and the orders of the Federal Reserve Board, extend to each member bank such discounts, advancements, and accommodations as may be safely and reasonably made with due regard for the claims and demands of other member banks, the maintenance of sound credit conditions, and the accommodation of commerce, industry, and agriculture. The Federal Reserve Board may prescribe

Federal Reserve Board to prescribe conditions.

regulations further defining within the limitations of this Act the conditions under which discounts, advancements, and the accommodations may be extended to member banks. Each Federal reserve

Reserve bank to keep informed of amount, etc., of loans.

bank shall keep itself informed of the general character and amount of the loans and investments of its member banks with a view to ascertaining whether undue use is being made of bank credit for

Purpose.

the speculative carrying of or trading in securities, real estate, or commodities, or for any other purpose inconsistent with the maintenance of sound credit conditions; and, in determining whether to grant or refuse advances, rediscounts or other credit accommodations, the Federal reserve bank shall give consideration to such information. The chairman of the Federal reserve bank shall report to

Report by reserve bank.

the Federal Reserve Board any such undue use of bank credit by any member bank, together with his recommendation. Whenever,

Suspension of member bank from use of credit facilities.

in the judgment of the Federal Reserve Board, any member bank is making such undue use of bank credit, the Board may, in its discretion, after reasonable notice and an opportunity for a hearing,

Hearing and notice.

suspend such bank from the use of the credit facilities of the Federal Reserve System and may terminate such suspension or may renew it from time to time.”

(b) The paragraph of section 4 of the Federal Reserve Act, as

Vol. 40, p. 968.

U.S.C., p. 278.

amended (U.S.C., title 12, sec. 304), which commences with the words “The Federal Reserve Board shall classify” is amended by inserting

Class A and class B directors.

before the period at the end thereof a colon and the following: “ Provided, That whenever any two or more member banks within

Participation by member banks in elections within district.

the same Federal reserve district are affiliated with the same holding company affiliate, participation by such member banks in any such nomination or election shall be confined to one of such banks, which may be designated for the purpose by such holding company affiliate. ”

Sec. 4. The first paragraph of section 7 of the Federal Reserve

Vol. 38, p. 258; Vol. 40, p. 1314.

U.S.C., p. 278.

Effective date of amendment.

Act, as amended (U.S.C., title 12, sec. 289), is amended, effective July 1, 1932, to read as follows:

“After all necessary expenses of a Federal reserve bank shall have

Dividend on stock of reserve bank.

been paid or provided for, the stockholders shall be entitled to receive 164

Net earnings paid into surplus fund.

Franchise tax payments, eliminated.

an annual dividend of 6 per centum on the paid-in capital stock, which dividend shall be cumulative. After the aforesaid dividend claims have been fully met, the net earnings shall be paid into the surplus fund of the Federal reserve bank.”

Sec. 5. (a)

Vol. 38, p. 259; Vol. 40, p. 232; Vol. 44, p. 1229.

U.S.C., p. 279; Supp. VI, p. 135.

Application of Morris Plan banks to become member banks.

The first paragraph of section 9 of the Federal Reserve Act, as amended (U.S.C., title 12, sec. 321; Supp. VI, title 12, sec. 321), is amended by inserting immediately after the words “United States” a comma and the following: “including Morris Plan banks and other incorporated banking institutions engaged in similar business.” (b)

Vol. 40, p. 233; Vol. 44, p. 1229.

U.S.C., p. 279; Supp. VI, p. 135.

State member banks.

Power to establish branches.

The second paragraph of section 9 of the Federal Reserve Act, as amended, is amended by adding at the end thereof the following: “ Provided, however, That nothing herein contained shall prevent any State member bank from establishing and operating branches in the United States or any dependency or insular possession thereof or in any foreign country, on the same terms and conditions and subject to the same limitations and restrictions as are applicable to the establishment of branches by national banks. ” (c)

Vol. 40, p. 233.

U.S.C., pp. 279, 280; Supp. VI, p. 135.

Section 9 of the Federal Reserve Act, as amended (U.S.C., title 12, secs. 321–331; Supp. VI, title 12, secs. 321–332), is further amended by adding at the end thereof the following new paragraphs:

Mutual savings banks.

“Any mutual savings bank having no capital stock (including any other banking institution the capital of which consists of weekly or other time deposits which are segregated from all other deposits and are regarded as capital stock for the purposes of taxation and the declaration of dividends), but having surplus and undivided profits

Application of, to become member banks.

not less than the amount of capital required for the organization of a national bank in the same place, may apply for and be admitted to membership in the Federal Reserve System in the same manner and

Subscription to capital stock of reserve bank required.

subject to the same provisions of law as State banks and trust companies, except that any such savings bank shall subscribe for capital stock of the Federal reserve bank in an amount equal to six-tenths of

Amount of.

1 per centum of its total deposit liabilities as shown by the most recent report of examination of such savings bank preceding its admission

Adjustment semiannually under rules of Reserve Board.

Deposit required, if subscription unlawful.

to membership. Thereafter such subscription shall be adjusted semiannually on the same percentage basis in accordance with rules and regulations prescribed by the Federal Reserve Board. If any such mutual savings bank applying for membership is not permitted by the laws under which it was organized to purchase stock in a Federal reserve bank, it shall, upon admission to the system, deposit with the Federal reserve bank an amount equal to the amount which it would have been required to pay in on account of a subscription to

Adjustment of deposit.

Conditions subject to.

Post, p. 971.

capital stock. Thereafter such deposit shall be adjusted semi-annually in the same manner as subscriptions for stock. Such deposits shall be subject to the same conditions with respect to repayment as amounts paid upon subscriptions to capital stock by other

Interest payments.

member banks and the Federal reserve bank shall pay interest thereon at the same rate as dividends are actually paid on outstanding

Application of deposit to subscription, if subscription hereafter legalized.

shares of stock of such Federal reserve bank. If the laws under which any such savings bank was organized be amended so as to authorize mutual savings banks to subscribe for Federal reserve bank stock, such savings bank shall thereupon subscribe for the appropriate amount of stock in the Federal reserve bank, and the deposit hereinbefore

Termination of savings bank to rights of membership.

provided for in lieu of payment upon capital stock shall be applied upon such subscription. If the laws under which any such savings bank was organized be not amended at the next session of the legislature following the admission of such savings bank to

When right to subscribe not granted.

membership so as to authorize mutual savings banks to purchase 165 Federal reserve bank stock, or if such laws be so amended and such

When granted and failure to purchase stock.

bank fail within six months thereafter to purchase such stock, all of its rights and privileges as a member bank shall be forfeited and its membership in the Federal Reserve System shall be terminated in the manner prescribed elsewhere in this section with respect to State member banks and trust companies. Each such mutual savings

Mutual savings banks to comply with State laws and Reserve Board regulations.

bank shall comply with all the provisions of law applicable to State member banks and trust companies, with the regulations of the Federal Reserve Board and with the conditions of membership prescribed for such savings bank at the time of admission to membership, except as otherwise hereinbefore provided with respect to capital stock.

“Each bank admitted to membership under this section shall

Reports by admitted banks and affiliates.

obtain from each of its affiliates other than member banks and furnish to the Federal reserve bank of its district and to the Federal Reserve Board not less than three reports during each year. Such

Form of reports.

reports shall be in such form as the Federal Reserve Board may prescribe, shall be verified by the oath or affirmation of the president

Verification.

or such other officer as may be designated by the board of directors of such affiliate to verify such reports, and shall disclose the information

Information to be disclosed.

hereinafter provided for as of dates identical with those fixed by the Federal Reserve Board for reports of the condition of the affiliated member bank. Each such report of an affiliate shall

Report of affiliates.

be transmitted as herein provided at the same time as the corresponding report of the affiliated member bank, except that the Federal Reserve Board may, in its discretion, extend such time for good cause shown. Each such report shall contain such information

Information required.

as in the judgment of the Federal Reserve Board shall be necessary to disclose fully the relations between such affiliate and such bank and to enable the Board to inform itself as to the effect of such relations upon the affairs of such bank. The reports of such affiliates

Publication of.

shall be published by the bank under the same conditions as govern its own condition reports.

“Any such affiliated member bank may be required to obtain from

Additional report of affiliate may be required.

any such affiliate such additional reports as in the opinion of its Federal reserve bank or the Federal Reserve Board may be necessary in order to obtain a full and complete knowledge of the condition of the affiliated member bank. Such additional reports shall be

Transmitted to Federal Reserve Board.

transmitted to the Federal reserve bank and the Federal Reserve Board and shall be in such form as the Federal Reserve Board may

Form.

prescribe.

“Any such affiliated member bank which fails to obtain from any

Penalty provision.

Failure to furnish reports.

of its affiliates and furnish any report provided for by the two preceding paragraphs of this section shall be subject to a penalty of $100 for each day during which such failure continues, which, by direction of the Federal Reserve Board, may be collected, by suit or otherwise, by the Federal reserve bank of the district in which such member bank is located. For the purposes of this paragraph and

“Affiliate”, construed.

the two preceding paragraphs of this section, the term ‘affiliate’ shall include holding company affiliates as well as other affiliates.

“State member banks shall be subject to the same limitations and

Limitations on State member banks respecting purchasing investment securities.

R.S., sec. 5136, p. 993.

Vol. 42, p. 767; Vol. 44, p. 1226.

U.S.C., p. 260; Supp. VI, p. 129.

conditions with respect to the purchasing, selling, underwriting, and holding of investment securities and stock as are applicable in the case of national banks under paragraph ‘Seventh’ of section 5136 of the Revised Statutes, as amended.

“After one year from the date of the enactment of the Banking

State member bank stock certificate.

Not to represent stock of other corporation.

Exception.

Act of 1933, no certificate representing the stock of any State member bank shall represent the stock of any other corporation, except a member bank or a corporation existing on the date this paragraph takes effect engaged solely in holding the bank premises of such State 166

Transfer of certificate conditioned upon sale, etc., prohibited.

member bank, nor shall the ownership, sale, or transfer of any certificate representing the stock of any such bank be conditioned in any manner whatsoever upon the ownership, sale, or transfer of a certificate representing the stock of any other corporation, except a member bank.

State member banks and holding company affiliates.

Agreements required.

“Each State member bank affiliated with a holding company affiliate shall obtain from such holding company affiliate, within such time as the Federal Reserve Board shall prescribe, an agreement that such holding company affiliate shall be subject to the same

R.S., sec. 5144, p. 994.

U.S.C., p. 262.

conditions and limitations as are applicable under section 5144 of the Revised Statutes, as amended, in the case of holding company

Copy of agreement; filing.

Penalty on failure to comply.

affiliates of national banks. A copy of each such agreement shall be filed with the Federal Reserve Board. Upon the failure of a State member bank affiliated with a holding company affiliate to obtain such an agreement within the time so prescribed, the Federal Reserve Board shall require such bank to surrender its stock in the Federal reserve bank and to forfeit all rights and privileges of membership

Reserve Board may require State member affiliates to surrender stock and rights.

in the Federal Reserve System as provided in this section. Whenever the Federal Reserve Board shall have revoked the voting permit of any such holding company affiliate, the Federal Reserve Board may, in its discretion, require any or all State member banks affiliated with such holding company affiliate to surrender their stock in the Federal reserve bank and to forfeit all rights and privileges of membership in the Federal Reserve System as provided in this section.

Examinations of State member banks.

“In connection with examinations of State member banks, examiners selected or approved by the Federal Reserve Board shall make

Of affiliates.

Relationships to be disclosed.

such examinations of the affairs of all affiliates of such banks as shall be necessary to disclose fully the relations between such banks and their affiliates and the effect of such relations upon the affairs

Assessments for expenses.

of such banks. The expense of examination of affiliates of any State member bank may, in the discretion of the Federal Reserve Board, be assessed against such bank and, when so assessed, shall be paid

Penalty upon failure to permit examination, etc.

by such bank. In the event of the refusal to give any information requested in the course of the examination of any such affiliate, or in the event of the refusal to permit such examination, or in the event of the refusal to pay any expense so assessed, the Federal Reserve Board may, in its discretion, require any or all State member banks affiliated with such affiliate to surrender their stock in the Federal reserve bank and to forfeit all rights and privileges of membership in the Federal Reserve System, as provided in this section.”

Sec. 6. (a)

Vol. 38, p. 260; Vol. 40, p. 1315; Vol. 42, p. 620.

U.S.C., p. 275.

The second paragraph of section 10 of the Federal Reserve Act, as amended (U.S.C., title 12, sec. 242), is amended to read as follows:

Ineligibility to hold office in member banks.

“The Secretary of the Treasury and the Comptroller of the Currency shall be ineligible during the time they are in office and for two years thereafter to hold any office, position, or employment in any member bank. The appointive members of the Federal Reserve Board shall be ineligible during the time they are in office and for two years thereafter to hold any office, position, or employment in any member bank, except that this restriction shall not apply to a member who has served the full term for which he was appointed.

Terms of office of members of Federal Reserve Board.

Upon the expiration of the term of any appointive member of the Federal Reserve Board in office when this paragraph as amended takes effect, the President shall fix the term of the successor to such member at not to exceed twelve years, as designated by the President at the time of nomination, but in such manner as to provide for the expiration of the term of not more than one appointive member in any two-year period, and thereafter each appointive member shall 167 hold office for a term of twelve years from the expiration of the term of his predecessor. Of the six persons thus appointed, one shall be

Designation of governor.

designated by the President as governor and one as vice governor of the Federal Reserve Board. The governor of the Federal Reserve Board, subject to its supervision, shall be its active executive officer.

Oath of office.

Each member of the Federal Reserve Board shall within fifteen days after notice of appointment make and subscribe to the oath of office.”

(b) The fourth paragraph of section 10 of the Federal Reserve

Vol. 38, p. 261; Vol. 42, p. 621.

U.S.C., p. 275.

Act, as amended (U.S.C., title 12, sec. 244), is amended to read as follows:

“The principal offices of the Board shall be in the District of

Principal offices of Board.

Chairman.

Columbia. At meetings of the Board the Secretary of the Treasury shall preside as chairman, and, in his absence, the governor shall preside. In the absence of both the Secretary of the Treasury and the governor the vice governor shall preside. In the absence of the Secretary of the Treasury, the governor, and the vice governor the

Chairman pro tempore.

Determination of manner disbursements to be made and obligations incurred.

Board shall elect a member to act as chairman pro tempore. The Board shall determine and prescribe the manner in which its obligations shall be incurred and its disbursements and expenses allowed and paid, and may leave on deposit in the Federal Reserve banks the proceeds of assessments levied upon them to defray its estimated expenses and the salaries of its members and employees, whose

Salaries, leave, etc.

employment, compensation, leave, and expenses shall be governed solely by the provisions of this Act, specific amendments thereof, and rules and regulations of the Board not inconsistent therewith; and funds derived from such assessments shall not be construed to be Government funds or appropriated moneys. No member of the Federal

Qualifications of members.

Reserve Board shall be an officer or director of any bank, banking institution, trust company, or Federal Reserve bank or hold stock in any bank, banking institution, or trust company; and before entering upon his duties as a member of the Federal Reserve Board he shall certify under oath that he has complied with this requirement, and such certification shall be filed with the secretary of the Board. Whenever a vacancy shall occur, other than by expiration

Vacancies.

of term, among the six members of the Federal Reserve Board appointed by the President as above provided, a successor shall be appointed by the President, by and with the advice and consent of the Senate, to fill such vacancy, and when appointed he shall hold office for the unexpired term of his predecessor.”

Sec. 7. Paragraph (m) of section 11 of the Federal Reserve Act, as

Vol. 39, p. 752; Vol. 41, p. 1146.

amended (U.S.C., title 12, sec. 248), is amended to read as follows: “(m) Upon the affirmative vote of not less than six of its members

Powers of Board.

Fix percentage of bank capital and surplus represented by loans.

the Federal Reserve Board shall have power to fix from time to time for each Federal reserve district the percentage of individual bank capital and surplus which may be represented by loans secured by stock or bond collateral made by member banks within such district, but no such loan shall be made by any such bank to

Limitation on amount of loan.

any person in an amount in excess of 10 per centum of the unimpaired capital and surplus of such bank. Any percentage so fixed

Percentage subject to change.

by the Federal Reserve Board shall be subject to change from time to time upon ten days’ notice, and it shall be the duty of the Board to establish such percentages with a view to preventing the undue use of bank loans for the speculative carrying of securities. The Federal Reserve Board shall have power to direct any member bank

Power to direct bank from increasing loans.

to refrain from further increase of its loans secured by stock or bond collateral for any period up to one year under penalty of suspension of all rediscount privileges at Federal reserve banks.”

168

Sec. 8.

Vol. 38, p. 263.

U.S.C., pp. 277, 281.

The Federal Reserve Act, as amended, is amended by inserting between sections 12 and 13 (U.S.C., title 12, secs. 261, 262, and 342), thereof the following new sections:

“Sec. 12A. (a)

Federal Open Market Committee; created.

Members.

Selection of.

Meetings.

There is hereby created a Federal Open Market Committee (hereinafter referred to as the ‘committee’), which shall consist of as many members as there are Federal reserve districts. Each Federal reserve bank by its board of directors shall annually select one member of said committee. The meetings of said committee shall be held at Washington, District of Columbia, at least four times each year, upon the call of the governor of the Federal Reserve Board or at the request of any three members of the committee, and, in the discretion of the Board, may be attended by the members of the Board. “(b)

Regulations governing open-market operations by Reserve banks.

Ante, p. 51.

Adoption of regulations.

No Federal reserve bank shall engage in open-market operations under section 14 of this Act except in accordance with regulations adopted by the Federal Reserve Board. The Board shall consider, adopt, and transmit to the committee and to the several Federal reserve banks regulations relating to the open-market transactions of such banks and the relations of the Federal Reserve System with foreign central or other foreign banks. “(c)

Post, p. 183.

Vol. 38, p. 264.

U. S. C., p. 283.

The time, character, and volume of all purchases and sales of paper described in section 14 of this Act as eligible for openmarket operations shall be governed with a view to accommodating commerce and business and with regard to their bearing upon the general credit situation of the country. “(d)

Filing decision not to participate in open-market operations.

If any Federal reserve bank shall decide not to participate in open-market operations recommended and approved as provided in paragraph (b) hereof, it shall file with the chairman of the committee within thirty days a notice of its decision, and transmit a copy thereof to the Federal Reserve Board.

“Sec. 12B. (a)

Federal Deposit Insurance Corporation; created.

Duty to liquidate, etc., closed national and State member banks.

Post, pp. 279, 969.

There is hereby created a Federal Deposit Insurance Corporation (hereinafter referred to as the ‘Corporation’), whose duty it shall be to purchase, hold, and liquidate, as hereinafter provided, the assets of national banks which have been closed by action of the Comptroller of the Currency, or by vote of their directors, and the assets of State member banks which have been closed by action of the appropriate State authorities, or by vote of their

Insurance of deposits.

directors; and to insure, as hereinafter provided, the deposits of all banks which are entitled to the benefits of insurance under this section. “(b)

Management of Corporation.

The management of the Corporation shall be vested in a board of directors consisting of three members, one of whom shall be the Comptroller of the Currency, and two of whom shall be

Directors, appointment.

citizens of the United States to be appointed by the President, by and with the advice and consent of the Senate. One of the appointive members shall be the chairman of the board of directors of the Corporation and not more than two of the members of such board

Terms of office; compensation.

of directors shall be members of the same political party. Each such appointive member shall hold office for a term of six years and shall receive compensation at the rate of $10,000 per annum, payable monthly out of the funds of the Corporation, but the Comptroller of the Currency shall not receive additional compensation for his services as such member. “(c)

Appropriation authorized, payment for Corporation capital stock.

Post, p. 279.

There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $150,000,000, which shall be available for payment by the Secretary of the Treasury for capital stock of the Corporation in an equal amount, which shall be subscribed for by him on behalf of the United 169 States. Payments upon such subscription shall be subject to call in

Payments subject to call.

To be additional.

whole or in part by the board of directors of the Corporation. Such stock shall be in addition to the amount of capital stock required to be subscribed for by Federal reserve banks and member and nonmember banks as hereinafter provided, and the United States shall be

Dividend payments to United States.

entitled to the payment of dividends on such stock to the same extent as member and nonmember banks are entitled to such payment on the class A stock of the Corporation held by them. Receipts for payments

Receipts for payments.

by the United States for or on account of such stock shall be issued by the Corporation to the Secretary of the Treasury and shall be evidence of the stock ownership of the United States. “(d) The capital stock of the Corporation shall be divided into

Capital stock, divided into shares of $100 each.

Stock certificates, classes.

Class A, by which banks to be held.

shares of $100 each. Certificates of stock of the Corporation shall be of two classes—class A and class B. Class A stock shall be held by member and nonmember banks as hereinafter provided and they shall be entitled to payment of dividends out of net earnings at the rate of 6 per centum per annum on the capital stock paid in by them, which dividends shall be cumulative, or to the extent of 30 per centum

Dividend payments, amount.

of such net earnings in any one year, whichever amount shall be the greater, but such stock shall have no vote at meetings of stockholders. Class B stock shall be held by Federal reserve banks only and shall

Class B, held by Reserve bank.

not be entitled to the payment of dividends. Every Federal reserve bank shall subscribe to shares of class B stock in the Corporation to

Subscription for.

an amount equal to one half of the surplus of such bank on January 1, 1933, and its subscriptions shall be accompanied by a certified check

Payments.

payable to the Corporation in an amount equal to one half of such subscription. The remainder of such subscription shall be subject to call from time to time by the board of directors upon ninety days’ notice. “(e) Every bank which is or which becomes a member of the Federal

Subscriptions for class A on or before July 1, 1934.

Post, p. 969.

Reserve System on or before July 1, 1934, shall take all steps necessary to enable it to become a class A stockholder of the Corporation on or before July 1, 1934; and thereafter no State bank or

Admission to membership thereafter; subscription required.

trust company or mutual savings bank shall be admitted to membership in the Federal Reserve System until it becomes a class A stockholder of the Corporation, no national bank in the continental

National banks.

Certificate to commence or resume banking business denied unless member and class A stockholder.

United States shall be granted a certificate by the Comptroller of the Currency authorizing it to commence the business of banking until it becomes a member of the Federal Reserve System and a class A stockholder of the Corporation, and no national bank in the continental United States for which a receiver or conservator has been appointed shall be permitted to resume the transaction of its banking business until it becomes a class A stockholder of the Corporation. Every member bank shall apply to the Corporation

Application for class A.

Amount.

for class A stock of the Corporation in an amount equal to one half of 1 per centum of its total deposit liabilities as computed in accordance with regulations prescribed by the Federal Reserve Board; except that in the case of a member bank organized after the date this

Exception; member bank hereafter organized.

section takes effect, the amount of such class A stock applied for by such member bank during the first twelve months after its organization shall equal 5 per centum of its paid-up capital and surplus, and

Amount.

beginning after the expiration of such twelve months’ period the amount of such class A stock of such member bank shall be adjusted annually in the same manner as in the case of other member banks. Upon receipt of such application the Corporation shall request the

Certification respecting sufficiency of applying bank’s assets.

Federal Reserve Board, in the case of a State member bank, or the Comptroller of the Currency, in the case of a national bank, to certify upon the basis of a thorough examination of such bank whether or not the assets of the applying bank are adequate to enable it to 170 meet all of its liabilities to depositors and other creditors as shown by the books of the bank; and the Federal Reserve Board or the Comptroller of the Currency shall make such certification as soon as

Payment if certification affirmative; amount.

practicable. If such certification be in the affirmative, the Corporation shall grant such application and the applying bank shall pay one half of its subscription in full and shall thereupon become a class A

Proviso.

Not required before July 1, 1934.

stockholder of the Corporation: Provided, That no member bank shall be required to make such payment or become a class A stockholder

Payment of remainder subject to call.

of the Corporation before July 1, 1934. The remainder of such subscription shall be subject to call from time to time by the

Denial of application if certification negative.

board of directors of the Corporation. If such certification be in the negative, the Corporation shall deny such application. If any

Receiver or conservator; appointment.

national bank shall not have become a class A stockholder of the Corporation on or before July 1, 1934, the Comptroller of the Currency shall appoint a receiver or conservator therefor in accordance

Termination of membership, State member bank not subscribing class A on or before July 1, 1934.

with the provisions of existing law. Except as provided in subsection (g) of this section, if any State member bank shall not have become a class A stockholder of the Corporation on or before July 1,

Post, p. 180.

1934, the Federal Reserve Board shall terminate its membership in the Federal Reserve System in accordance with the provisions of section 9 of this Act. “(f)

Applications for membership on or before July 1, 1936.

Benefits to accrue during pendency of.

Any State bank or trust company or mutual savings bank which applies for membership in the Federal Reserve System or for conversion into a national banking association on or after July 1, 1936, may, with the consent of the Corporation, obtain the benefits of this section, pending action on such application, by subscribing and paying for the same amount of stock of the Corporation as it would be required to subscribe and pay for upon becoming a member

Provisions thereafter applicable.

bank. Thereupon the provisions of this section applicable to member banks shall be applicable to such State bank or trust company or mutual savings bank to the same extent as if it were already a

Proviso.

Repayment if membership application not completed or disapproved, etc.

member bank: Provided, That if the application of such State bank or trust company or mutual savings bank for membership in the Federal Reserve System or for conversion into a national banking association be approved and it shall not complete its membership in the Federal Reserve System or its conversion into a national banking association within a reasonable time, or if such application shall be disapproved, then the amount paid by such State bank or trust company or mutual savings bank on account of its subscription to the capital stock of the Corporation shall be repaid to it and it shall no longer be subject to the provisions or entitled to the privileges of this section. “(g)

Deposit by State bank with membership application, when stock purchase unlawful under State laws.

If any State bank or trust company, or mutual savings bank (referred to in this subsection as ‘State bank’) which is or which becomes a member of the Federal Reserve System is not permitted by the laws under which it was organized to purchase stock in the Corporation, it shall apply to the Corporation for admission to the benefits of this section and, if such application be granted after appropriate certification in accordance with this section, it shall deposit with the Corporation an amount equal to the amount which it would have been required to pay in on account of a subscription

Adjustment of deposit.

to capital stock of the Corporation. Thereafter such deposit shall be adjusted in the same manner as subscriptions for stock by class A stockholders. Such deposit shall be subject to the same

Conditions subject to.

conditions with respect to repayment as amounts paid on subscriptions to class A stock by other member banks and the Corporation

Interest payments.

Depositor bank deemed class A stockholder.

shall pay interest thereon at the same rate as dividends are actually paid on outstanding shares of class A stock. As long as such deposit is maintained with the Corporation, such State bank shall, 171 for the purposes of this section, be deemed to be a class A stockholder of the Corporation. If the laws under which such State bank was

Application of deposit to subscription, if subscription hereafter legalized.

organized be amended so as to authorize State banks to subscribe for class A stock of the Corporation, such State bank shall within six months thereafter subscribe for an appropriate amount of such class A stock and the deposit hereinafter provided for in lieu of payment upon class A stock shall be applied upon such subscription. If the law under which such State bank was organized be not

Termination of State bank to rights of membership.

amended at the next session of the State legislature following the admission of such State bank to the benefits of this section so as to

When right to subscribe not granted.

authorize State banks to purchase such class A stock, or, if the law be so amended and such State bank shall fail within six months

When granted and failure to purchase stock.

thereafter to purchase such class A stock, the deposit previously made with the Corporation shall be returned to such State bank and it shall no longer be entitled to the benefits of this section, unless it shall have been closed in the meantime on account of inability to meet the demands of its depositors. “(h) The amount of the outstanding class A stock of the Corporation

Annual adjustment, amount of class A.

held by member banks shall be annually adjusted as hereinafter provided as of the last preceding call date as member banks increase their time and demand deposits or as additional banks become members or subscribe to the stock of the Corporation, and such stock may be decreased in amount as member banks reduce

Decrease authorized.

Transfer, etc., of shares by member banks, denied.

their time and demand deposits or cease to be members. Shares of the capital stock of the Corporation owned by member banks shall not be transferred or hypothecated. When a member bank increases

Additional subscription, upon increase of deposits.

its time and demand deposits it shall, at the beginning of each calendar year, subscribe for an additional amount of capital stock of the Corporation equal to one half of 1 per centum of such increase

Payments.

in deposits. One half of the amount of such additional stock shall be paid for at the time of the subscription therefor, and the balance shall be subject to call by the board of directors of the Corporation. A bank organized on or before the date this section takes

Amount of subscription for class A; member banks.

effect and admitted to membership in the Federal Reserve System at any time after the organization of the Corporation shall be required to subscribe for an amount of class A capital stock equal to one half of 1 per centum of the time and demand deposits of the applicant bank as of the date of such admission, paying therefor

Payment.

its par value plus one half of 1 per centum a month from the period of the last dividend on the class A stock of the Corporation. When

Proportionate surrender of amount of shares, when deposits decrease.

a member bank reduces its time and demand deposits it shall surrender, not later than the 1st day of January thereafter, a proportionate amount of its holdings in the capital stock of the Corporation,

Total surrender upon liquidation.

and when a member bank voluntarily liquidates it shall surrender all its holdings of the capital stock of the Corporation and be released from its stock subscription not previously called.

Cancellation of shares.

The shares so surrendered shall be canceled and the member bank shall receive in payment therefor, under regulations to be prescribed

Repayments; amount of.

by the Corporation, a sum equal to its cash-paid subscriptions on the shares surrendered and its proportionate share of dividends not to exceed one half of 1 per centum a month, from the period of the last dividend on such stock, less any liability of such member bank to the Corporation. “(i) If any member or nonmember bank shall be declared insolvent,

Cancellation of stock.

Member bank, when insolvent or ceases membership.

Nonmember bank.

Liability not impaired.

or shall cease to be a member bank (or in the case of a nonmember bank, shall cease to be entitled to the benefits of insurance under this section), the stock held by it in the Corporation shall be canceled, without impairment of the liability of such bank, and all cash-paid subscriptions on such stock, with its proportionate share of dividends 172

Distribution of assets.

not to exceed one half of 1 per centum per month from the period of last dividend on such stock shall be first applied to all debts of the insolvent bank or the receiver thereof to the Corporation, and the balance, if any, shall be paid to the receiver of the insolvent bank. “(j)

Federal Deposit Insurance Corporation.

Corporate powers.

Upon the date of enactment of the Banking Act of 1933, the Corporation shall become a body corporate and as such shall have power— “First. To adopt and use a corporate seal. “Second. To have succession until dissolved by an Act of Congress. “Third. To make contracts. “Fourth. To sue and be sued, complain and defend, in any court of law or equity, State or Federal. “Fifth. To appoint by its board of directors such officers and employees as are not otherwise provided for in this section, to define their duties, fix their compensation, require bonds of them and fix the penalty thereof, and to dismiss at pleasure such officers or employees. Nothing in this or any other Act shall be construed to prevent the appointment and compensation as an officer or employee of the Corporation of any officer or employee of the United States in any board, commission, independent establishment, or executive department thereof. “Sixth. To prescribe by its board of directors, bylaws not inconsistent with law, regulating the manner in which its general business may be conducted, and the privileges granted to it by law may be exercised and enjoyed. “Seventh. To exercise by its board of directors, or duly authorized officers or agents, all powers specifically granted by the provisions of this section and such incidental powers as shall be necessary to carry out the powers so granted. “(k)

Board of directors; administration of corporate affairs.

Determination of manner disbursements made; obligations incurred.

Franking privilege.

The board of directors shall administer the affairs of the Corporation fairly and impartially and without discrimination. The board of directors of the Corporation shall determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid. The Corporation shall be entitled to the free use of the United States mails in the same manner as the

Cooperation of executive departments.

executive departments of the Government. The Corporation with the consent of any Federal reserve bank or of any board, commission, independent establishment, or executive department of the Government, including any field service thereof, may avail itself of the use of information, services, and facilities thereof in carrying out the provisions of this section. “(l)

Insurance of deposits, member banks; effective July 1, 1934.

Post, pp. 969, 970.

President may fix earlier date.

Nonmember banks.

Effective on and after July 1, 1934 (thus affording ample time for examination and preparation), unless the President shall by proclamation fix an earlier date, the Corporation shall insure as hereinafter provided the deposits of all member banks, and on and after such date and until July 1, 1936, of all nonmember banks, which are class A stockholders of the Corporation. Notwithstanding

Corporation as receiver of closed national bank.

any other provision of law, whenever any national bank which is a class A stockholder of the Corporation shall have been closed by action of its board of directors or by the Comptroller of the Currency, as the case may be, on account of inability to meet the demands of its depositors, the Comptroller of the Currency shall

Organization of new national bank.

appoint the Corporation receiver for such bank. As soon as possible thereafter the Corporation shall organize a new national bank to assume the insured deposit liabilities of such closed bank, to receive new deposits and otherwise to perform temporarily the func-173tions provided for it in this paragraph. For the purposes of this

“Insured deposit liability”, construed.

subsection, the term ‘insured deposit liability’ shall mean with respect to the owner of any claim arising out of a deposit liability of such closed bank the following percentages of the net amount due to such owner by such closed bank on account of deposit liabilities:

Percentages.

100 per centum of such net amount not exceeding $10,000; and 75 per centum of the amount, if any, by which such net amount exceeds $10,000 but does not exceed $50,000; and 50 per centum of the amount, if any, by which such net amount exceeds $50,000: Provided, That, in determining the amount due to such owner for

Proviso.

Determination of amounts for fixing percentages.

the purpose of fixing such percentage, there shall be added together all net amounts due to such owner in the same capacity or the same right, on account of deposits, regardless of whether such deposits be maintained in his name or in the names of others for his benefit.

“Insured deposit liabilities,” construed.

For the purposes of this subsection, the term ‘insured deposit liabilities’ shall mean the aggregate amount of all such insured deposit liabilities of such closed bank. The Corporation shall determine as

Determination of amounts due depositors.

expeditiously as possible the net amounts due to depositors of the closed bank and shall make available to the new bank an amount

Amounts made available.

equal to the insured deposit liabilities of such closed bank, whereupon such new bank shall assume the insured deposit liability of such closed bank to each of its depositors, and the Corporation shall be

Corporation subrogated to rights against closed bank.

Entitlement to dividends.

subrogated to all rights against the closed bank of the owners of such deposits and shall be entitled to receive the same dividends from the proceeds of the assets of such closed bank as would have been payable to each such depositor until such dividends shall equal the insured deposit liability to such depositor assumed by the new bank, whereupon all further dividends shall be payable to such depositor.

Payments to be made in cash.

Of the amount thus made available by the Corporation to the new bank, such portion shall be paid to it in cash as may be necessary to enable it to meet immediate cash demands and the remainder shall

Credits.

be credited to it on the books of the Corporation subject to withdrawal on demand and shall bear interest at the rate of 3 per centum

Interest rate.

per annum until withdrawn. The new bank may, with the

Acceptance of new deposits.

approval of the Corporation, accept new deposits, which, together with all amounts made available to the new bank by the Corporation,

Investments authorized.

shall be kept on hand in cash, invested in direct obligations of the United States, or deposited with the Corporation or with a Federal reserve bank. Such new bank shall maintain on deposit with the

Maintenance of reserve with reserve bank.

Federal reserve bank of its district the reserves required by law of member banks but shall not be required to subscribe for stock of the

Subscription for stock not required.

Federal reserve bank until its own capital stock has been subscribed and paid for in the manner hereinafter provided. The articles of

Articles of association and organization.

association and organization certificate of such new bank may be executed by such representatives of the Corporation as it may designate; the new bank shall not be required to have any directors at

Management of new bank.

the time of its organization, but shall be managed by an executive officer to be designated by the Corporation; and no capital stock need

Capital stock payments by corporation.

be paid in by the Corporation; but in other respects such bank shall be organized in accordance with the existing provisions of law relating to the organization of national banks; and, until the requisite

Transaction of business.

amount of capital stock for such bank has been subscribed and paid for in the manner hereinafter provided, such bank shall transact no business except that authorized by this subsection and such business as may be incidental to its organization. When in the judgment

Offers of capital stock of new bank.

of the Corporation it is desirable to do so, the Corporation shall offer capital stock of the new bank for sale on such terms and conditions as the Corporation shall deem advisable, in an amount sufficient

Amount.

in the opinion of the Corporation to make possible the conduct 174

R. S., sec. 5138, p. 993.

U.S.C., p. 261.

of the business of the new bank on a sound basis, but in no event less than that required by section 5138 of the Revised Statutes, as amended (U.S.C., title 12, sec. 51), for the organization of a national bank in

Preemption right of stockholders.

the place where such new bank is located, giving the stockholders of the closed bank the first opportunity to purchase such stock. Upon

Certificate to commence business; when to issue.

proof that an adequate amount of capital stock of the new bank has been subscribed and paid for in cash by subscribers satisfactory to the Comptroller of the Currency, he shall issue to such bank a certificate

Management thereafter.

of authority to commence business and thereafter it shall be managed by directors elected by its own shareholders and may exercise all of the

Transfer of business, when stock subscription inadequate.

powers granted by law to national banking associations. If an adequate amount of capital for such new bank is not subscribed and paid in, the Corporation may offer to transfer its business to any other banking institution in the same place which will take over its assets, assume its liabilities, and pay to the Corporation for such business

Voluntary liquidation of new bank when not transferred.

such amount as the Corporation may deem adequate. Unless the capital stock of the new bank is sole! or its assets acquired and its liabilities assumed by another banking institution, in the manner herein prescribed, within two years from the date of its organization, the Corporation shall place the new bank in voluntary liquidation

Deposit insurance account.

and wind up its affairs. The Corporation shall open on its books a deposit insurance account and, as soon as possible after taking possession

Duty of corporation to open.

of any closed national bank, the Corporation shall make an estimate of the amount which will be available from all sources for application in satisfaction of the portion of the claims of depositors

Debits to.

to which it has been subrogated and shall debit to such deposit insurance account the excess, if any, of the amount made available by the Corporation to the new bank for depositors over and above the

Additional duties of corporation; liquidation of closed bank.

amount of such estimate. It shall be the duty of the Corporation to realize upon the assets of such closed bank; having due regard to the condition of credit in the district in which such closed bank is located; to enforce the individual liability of the stockholders and directors thereof; and to wind up the affairs of such closed bank in conformity with the provisions of law relating to the liquidation of closed national banks, except as herein otherwise provided, retaining for its own account such portion of the amount realized from such liquidation as it shall be entitled to receive on account of its subrogation to the claims of depositors and paying to depositors and other creditors the amount available for distribution to them, after deducting therefrom their share of the costs of the liquidation of the closed bank. If the total amount realized by the Corporation on account of its subrogation to the claims of depositors be less than the amount of the estimate hereinabove provided for, the deposit insurance account shall be charged with the deficiency and, if the total amount so realized shall exceed the amount of such estimate,

Powers and rights of corporation as receiver.

such account shall be credited with such excess. With respect to such closed national banks, the Corporation shall have all the rights, powers, and privileges now possessed by or hereafter given receivers of insolvent national banks and shall be subject to the obligations and penalties not inconsistent with the provisions of this paragraph to which such receivers are now or may hereafter become subject.

Closed State member banks.

“Whenever any State member bank which is a class A stockholder of the Corporation shall have been closed by action of its board of directors or by the appropriate State authority, as the case may be, on account of inability to meet the demands of its depositors, the

Corporation as receiver of.

Corporation shall accept appointment as receiver thereof, if such appointment be tendered by the appropriate State authority and be 175 authorized or permitted by State law. Thereupon the Corporation

Organization of new bank.

shall organize a new national bank, in accordance with the provisions of this subsection, to assume the insured deposit liabilities of such

Purpose.

closed State member bank, to receive new deposits and otherwise to perform temporarily the functions provided for in this subsection. Upon satisfactory recognition of the right of the Corporation to

Funds to cover insured deposit liabilities made available by Corporation when right to dividends recognized.

receive dividends on the same basis as in the case of a closed national bank under this subsection, such recognition being accorded by State law, by allowance of claims by the appropriate State authority, by assignment of claims by depositors, or by any other effective method, the Corporation shall make available to such new national bank, in the manner prescribed by this subsection, an amount equal to the insured deposit liabilities of such closed State member bank; and the

Management of new bank.

Corporation and such new national bank shall perform all of the functions and duties and shall have all the rights and privileges with respect to such State member bank and the depositors thereof which are prescribed by this subsection with respect to closed national banks holding class A stock in the Corporation: Provided, That the rights

Provisos.

Determination of rights of depositors, etc.

of depositors and other creditors of such State member bank shall be determined in accordance with the applicable provisions of State law: And provided further, That, with respect to such State member

Powers, etc., of Corporation under State law.

bank, the Corporation shall possess the powers and privileges provided by State law with respect to a receiver of such State member bank, except in so far as the same are in conflict with the provisions of this subsection.

“Whenever any State member bank which is a class A stockholder

Organization of new bank, when appointment of Corporation as receiver unlawful.

of the Corporation shall have been closed by action of its board of directors or by the appropriate State authority, as the case may be, on account of inability to meet the demands of its depositors, and the applicable State law does not permit the appointment of the Corporation as receiver of such bank, the Corporation shall organize a new national bank, in accordance with the provisions of this subsection,

Functions.

to assume the insured deposit liabilities of such closed State member bank, to receive new deposits, and otherwise to perform temporarily the functions provided for in this subsection. Upon satisfactory

Funds to be made available when right of Corporation to receive dividends recognized.

recognition of the right of the Corporation to receive dividends on the same basis as in the case of a closed national bank under this subsection, such recognition being accorded by State law, by allowance of claims by the appropriate State authority, by assignment of claims by depositors, or by any other effective method, the Corporation shall make available to such new bank, in accordance with the provisions of this subsection, the amount of insured deposit liabilities as to which such recognition has been accorded; and such

Assumption of insured deposit liabilities.

new bank shall assume such insured deposit liabilities and shall in other respects comply with the provisions of this subsection respecting new banks organized to assume insured deposit liabilities of closed national banks. In so far as possible in view of the applicable provisions of State law, the Corporation shall proceed with respect to the receiver of such closed bank and with respect to the new bank organized to assume its insured deposit liabilities in the manner prescribed by this subsection with respect to closed national banks and new banks organized to assume their insured deposit liabilities; except that the Corporation shall have none of the powers, duties, or responsibilities of a receiver with respect to the winding up of the affairs of such closed State member bank. The Corporation, in its discretion, however, may purchase and liquidate any or all of the assets of such bank.

176

Levy on class A stockholders.

“Whenever the net debit balance of the deposit insurance account of the Corporation shall equal or exceed one fourth of 1 per centum of the total deposit liabilities of all class A stockholders as of the date of the last preceding call report, the Corporation shall levy upon such stockholders an assessment equal to one fourth of 1 per

Credit to insurance account.

centum of their total deposit liabilities and shall credit the amount collected from such assessment to such deposit insurance account.

Dividend payment by bank denied until assessment paid.

No bank which is a holder of class A stock shall pay any dividends until all assessments levied upon it by the Corporation shall have been paid in full; and any director or officer of any such bank who

Penalty provision.

participates in the declaration or payment of any such dividend may, upon conviction, be fined not more than $1,000, or imprisoned for not more than one year, or both.

“Receiver”, construed.

“The term ‘receiver’ as used in this section shall mean a receiver, liquidating agent, or conservator of a national bank, and a receiver, liquidating agent, conservator, commission, person, or other agency charged by State law with the responsibility and the duty of winding up the affairs of an insolvent State member bank.

“National bank.”

“For the purposes of this section only, the term ‘national bank’ shall include all national banking associations and all banks, banking associations, trust companies, savings banks, and other banking institutions located in the District of Columbia which are members of

“State member bank.”

the Federal Reserve System; and the term ‘State member bank’ shall include all State banks, banking associations, trust companies, savings banks, and other banking institutions organized under the laws of any State, which are members of the Federal Reserve System.

Amounts of deposits, payable in foreign country excluded in determining total deposit liabilities.

“In any determination of the insured deposit liabilities of any closed bank or of the total deposit liabilities of any bank which is a holder of class A stock of the Corporation, or a member of the Fund provided for in subsection (y), for the purposes of this section, there shall be excluded the amounts of all deposits of such bank which are payable only at an office thereof located in a foreign country.

Rules, etc., by Corporation.

“The Corporation may make such rules, regulations, and contracts as it may deem necessary in order to carry out the provisions of this section.

Deposit or investment of money by Corporation.

“Money of the Corporation not otherwise employed shall be invested in securities of the Government of the United States, except that for temporary periods, in the discretion of the board of directors, funds of the Corporation may be deposited in any Federal reserve bank or with the Treasurer of the United States.

Designation of Corporation as public moneys depositary.

When designated for that purpose by the Secretary of the Treasury, the Corporation shall be a depositary of public moneys, except receipts from customs, under such regulations as may be prescribed by the said Secretary, and may also be employed as a financial agent of the Government. It shall perform all such reasonable duties as depositary of public moneys and financial agent of the Government as may be required of it.

“(m)

Authority of Corporation to make loans to national banks, etc.

Nothing herein contained shall be construed to prevent the Corporation from making loans to national banks closed by action of the Comptroller of the Currency, or by vote of their directors, or to State member banks closed by action of the appropriate State authorities, or by vote of their directors, or from entering into negotiations to secure the reopening of such banks. “(n)

Sale of assets of insolvent banks to Corporation.

Permission required.

Receivers or liquidators of member banks which are now or may hereafter become insolvent or suspended shall be entitled to offer the assets of such banks for sale to the Corporation or as security for loans from the Corporation, upon receiving permission from the appropriate State authority in accordance with express pro-177visions of State law in the case of State member banks, or from the Comptroller of the Currency in the case of national banks. The proceeds of every such sale or loan shall be utilized for the same

Utilization of proceeds.

purposes and in the same manner as other funds realized from the liquidation of the assets of such banks. The Comptroller of the

Payment of dividends on proved claims.

R.S., sec. 5235, p. 1012.

U.S.C., p. 272.

Currency may, in his discretion, pay dividends on proved claims at any time after the expiration of the period of advertisement made pursuant to section 5235 of the Revised Statutes (U.S.C., title 12, sec. 193), and no liability shall attach to the Comptroller of the Currency or to the receiver of any national bank by reason of any such payment for failure to pay dividends to a claimant whose claim is not proved at the time of any such payment. “(o) The Corporation is authorized and empowered to issue and

Amount of outstanding corporate obligations.

Redeemable before maturity optional.

to have outstanding at any one time in an amount aggregating not more than three times the amount of its capital, its notes, debentures, bonds, or other such obligations, to be redeemable at the option of the Corporation before maturity in such manner as may be stipulated in such obligations, and to bear such rate or rates of interest, and to mature at such time or times as may be determined by the Corporation: Provided, That the Corporation may sell on a discount

Proviso.

Sale of short-term obligations at discount.

Security.

basis short-term obligations payable at maturity without interest. The notes, debentures, bonds, and other such obligations of the Corporation may be secured by assets of the Corporation in such manner as shall be prescribed by its board of directors. Such obligations may be offered for sale at such price or prices as the Corporation may determine. “(p) All notes, debentures, bonds, or other such obligations issued

Corporate obligations, tax exemption.

Exception, State and inheritance taxes.

by the Corporation shall be exempt, both as to principal and interest, from all taxation (except estate and inheritance taxes) now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. The Corporation, including its franchise, its capital,

Corporation, including franchise, exempt.

reserves, and surplus, and its income, shall be exempt from all taxation now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority, except that any real property of the Corporation shall be subject to State, Territorial, county, municipal or local taxation to the same extent according to its value as other real property is taxed. “(q) In order that the Corporation may be supplied with such

Preparation of note, debenture, etc., forms.

forms of notes, debentures, bonds, or other such obligations as it may need for issuance under this Act, the Secretary of the Treasury is authorized to prepare such forms as shall be suitable and approved by the Corporation, to be held in the Treasury subject to delivery, upon

Custody of plates, dies, etc.

order of the Corporation. The engraved plates, dies, bed pieces, and other material executed in connection therewith shall remain in the

Reimbursement for expenses.

custody of the Secretary of the Treasury. The Corporation shall reimburse the Secretary of the Treasury for any expenses incurred in the preparation, custody, and delivery of such notes, debentures, bonds, or other such obligations. “(r) The Corporation shall annually make a report of its operations

Annual report of Corporation.

to the Congress as soon as practicable after the 1st day of January in each year. “(s) Whoever, for the purpose of obtaining any loan from the

Penalty provisions.

False statement.

Corporation, or any extension or renewal thereof, or the acceptance, release, or substitution of security therefor, or for the purpose of inducing the Corporation to purchase any assets, or for the purpose of influencing in any way the action of the Corporation under this sec-178tion,

Willfull overvaluation of any security.

makes any statement, knowing it to be false, or willfully over-values any security, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both. “(t)

Counterfeit of corporate obligation, etc.

Whoever (1) falsely makes, forges, or counterfeits any obligation or coupon, in imitation of or purporting to be an obligation or coupon issued by the Corporation, or (2) passes, utters, or publishes, or attempts to pass, utter, or publish, any false, forged, or counterfeited obligation or coupon purporting to have been issued by the Corporation, knowing the same to be false, forged, or counterfeited, or (3) falsely alters any obligation or coupon issued or purporting to have been issued by the Corporation, or (4) passes, utters, or publishes, or attempts to pass, utter, or publish, as true, any falsely altered or spurious obligation or coupon, issued or purporting to have been issued by the Corporation, knowing the same to be falsely altered or spurious, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than five years, or both. “(u)

Embezzlement, etc.

Whoever, being connected in any capacity with the Corporation, (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged, or otherwise intrusted to it, or (2) with intent to defraud the Corporation or any other body, politic or corporate, or any individual, or to deceive any officer, auditor, or examiner of the Corporation, makes any false entry in any book, report, or statement of or to the Corporation, or without being duly authorized draws any order or issues, puts forth, or assigns any note, debenture, bond, or other such obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than five years, or both. “(v)

Term “Federal Deposit Insurance Corporation.”

Exclusive use.

False advertising.

Post, p. 970.

No individual, association, partnership, or corporation shall use the words ‘Federal Deposit Insurance Corporation’, or a combination or any three of these four words, as the name or a part thereof under which he or it shall do business. No individual, association, partnership, or corporation shall advertise or otherwise represent falsely by any device whatsoever that his or its deposit liabilities are insured or in anywise guaranteed by the Federal Deposit Insurance Corporation, or by the Government of the United States, or by any instrumentality thereof; and no class A stockholder of the Federal Deposit Insurance Corporation shall advertise or otherwise represent falsely by any device whatsoever the extent to which or the manner in which its deposit liabilities are

Penalty for violation.

insured by the Federal Deposit Insurance Corporation. Every individual, partnership, association, or corporation violating this subsection shall be punished by a fine of not exceeding $1,000, or by imprisonment not exceeding one year, or both. “(w)

Criminal Code of United States.

Vol. 35, p. 1108.

U.S.C., p. 475.

Applicable to corporate contracts and agreements.

The provisions of sections 112, 113, 114, 115, 116, and 117 of the Criminal Code of the United States (U.S.C., title 18, ch. 5, secs. 202 to 207, inclusive), in so far as applicable, are extended to apply to contracts or agreements with the Corporation under this section, which for the purposes hereof shall be held to include loans, advances, extensions, and renewals thereof, and acceptances, releases, and substitutions of security therefor, purchases or sales of assets, and all contracts and agreements pertaining to the same. “(x)

Secret Service Division, Treasury Department.

Detection, etc., of persons violating.

The Secret Service Division of the Treasury Department is authorized to detect, arrest, and deliver into the custody of the United States marshal having jurisdiction any person committing any of the offenses punishable under this section. 179 “(y)

The Corporation shall open on its books a Temporary Federal

Temporary Federal Deposit Insurance Fund.

To be opened on books of Corporation, operative January 1, 1934.

Post, p. 969.

Deposit Insurance Fund (hereinafter referred to as the ‘Fund’), which shall become operative on January 1, 1934, unless the President shall by proclamation fix an earlier date, and it shall be the duty of the Corporation to insure deposits as hereinafter provided until July 1, 1934.

“Each member bank licensed before January 1, 1934, by the Secretary

Membership or Fund.

of the Treasury pursuant to the authority vested in him by the Executive order of the President issued March 10, 1933, shall, on or

Executive Order number 6073.

before January 1, 1934, become a member of the Fund; each member bank so licensed after such date, and each State bank trust company or mutual savings bank (referred to in this subsection as ‘State bank’,

Post, p. 971.

which term shall also include all banking institutions located in the District of Columbia) which becomes a member of the Federal Reserve System on or after such date, shall, upon being so licensed or so admitted to membership, become a member of the Fund; and

State banks not members of reserve system.

any State bank which is not a member of the Federal Reserve System, with the approval of the authority having supervision of such State bank and certification to the Corporation by such authority that such State bank is in solvent condition, shall, after examination by, and with the approval of, the Corporation, be entitled to become a member of the Fund and to the privileges of this subsection upon agreeing to comply with the requirements thereof and upon paying to the Corporation an amount equal to the amount that would be required of it under this subsection if it were a member bank. The Corporation is authorized to prescribe rules and regulations

Examination rules, etc., to be prescribed.

for the further examination of such State bank, and to fix the compensation of examiners employed to make examinations of State banks.

“Each member of the Fund shall file with the Corporation on or

Certified statement by Fund members.

before the date of its admission a certified statement under oath showing, as of the fifteenth day of the month preceding the month in which, it was so admitted, the number of its depositors and the

Contents.

total amount of its deposits which are eligible for insurance under

Payments to Corporation.

this subsection, and shall pay to the Corporation an amount equal to one-half of 1 per centum of the total amount of the deposits so certified. One-half of such payment shall be paid in full at the

Manner of making.

time of the admission of such member to the Fund, and the remainder of such payment shall be subject to call from time to time by the board of directors of the Corporation. Within a reasonable time

Similar statement, as of June 15, 1934, required.

Post, p. 969.

fixed by the Corporation each such member shall file a similar statement showing, as of June 15, 1934, the number of its depositors and the total amount of its deposits which are eligible for such insurance and shall pay to the Corporation in the same manner an amount equal to one-half of 1 per centum of the increase, if any, in the total amount of such deposits since the date covered by the statement filed upon its admission to membership in the fund.

“If at any time prior to July 1, 1934, the Corporation requires

Additional assessments authorized.

Post, p. 969.

additional funds with which to meet its obligations under this subsection, each member of the Fund shall be subject to one additional assessment only in an amount not exceeding the total amount

Amount.

theretofore paid to the Corporation by such member.

“If any member of the Fund shall be closed on or before June 30,

Payment of insured deposit liabilities, if Fund member closes before June 30, 1934.

Ante, p. 172.

Post, p. 969.

Amount to any depositor.

1934, on account of inability to meet its deposit liabilities, the Corporation shall proceed in accordance with the provisions of subsection (1) of this section to pay the insured deposit liabilities of such member; except that the Corporation shall pay not more than $2,500 on account of the net approved claim of the owner of any deposit. 180

Application of subsection (1).

Post, p. 969.

The provisions of such subsection (1) relating to State member banks shall be extended for the purposes of this subsection to members of the Fund which are not members of the Federal Reserve System; and the provisions of this subsection shall apply only to deposits of members of the Fund which have been made available since March 10, 1933, for withdrawal in the usual course of the banking business.

Balance of Fund, July 1, 1934.

Post, p. 970.

“Before July 1, 1934, the Corporation shall make an estimate of the balance, if any, which will remain in the Fund after providing for all liabilities of the Fund, including expenses of operation thereof under this subsection and allowing for anticipated recoveries.

Refunds to members.

The Corporation shall refund such estimated balance, on such basis as the Corporation shall find to be equitable, to the members of the Fund other than those which have been closed prior to July 1, 1934.

Subscription for class A stock, State bank member of Fund.

“Each State bank which is a member of the Fund, in order to obtain the benefits of this section after July 1, 1934, shall, on or before such date, subscribe and pay for the same amount of class A stock of the Corporation as it would be required to subscribe and pay for upon becoming a member bank, or if such State bank is

Deposit, if subscription unlawful.

not permitted by the laws under which it was organized to purchase such stock, it shall deposit with the Corporation an amount equal to the amount it would have been required to pay in on account of a subscription to such stock; and thereafter such State bank shall be entitled to such benefits until July 1, 1936.

Purpose of section.

“It is not the purpose of this section to discriminate, in any manner, against State nonmember, and in favor of, national or member banks; but the purpose is to provide all banks with the same opportunity to obtain and enjoy the benefits of this section. No bank shall be discriminated against because its capital stock is less than the amount required for eligibility for admission into the Federal Reserve System.”

Sec. 9.

Vol. 39, p. 753, Vol. 47, p. 160.

U.S.C., p. 282, Supp. VI, p. 136.

Post, pp. 348, 646.

The eighth paragraph of section 13 of the Federal Reserve Act, as amended (U.S.C., title 12, sec. 347; Supp. VI, title 12, sec. 347), is amended to read as follows:

Advances to member banks on their notes.

“Any Federal reserve bank may make advances for periods not exceeding fifteen days to its member banks on their promissory notes secured by the deposit or pledge of bonds, notes, certificates of indebtedness, or Treasury bills of the United States, or by the

Debentures of Federal intermediate credit banks.

Vol. 42, p. 1479.

U.S.C., p. 282.

deposit or pledge of debentures or other such obligations of Federal intermediate credit banks which are eligible for purchase by Federal reserve banks under section 13 (a) of this Act; and any Federal reserve bank may make advances for periods not exceeding ninety days to its member banks on their promissory notes secured by such notes, drafts, bills of exchange, or bankers’ acceptances as are eligible for rediscount or for purchase by Federal reserve banks under

Rates of advances.

Determined by Reserve Board.

the provisions of this Act. All such advances shall be made at rates to be established by such Federal reserve banks, such rates to be subject to the review and determination of the Federal Reserve Board.

Advances deemed immediately payable, when outstanding loans increased for stock, etc., purchases.

If any member bank to which any such advance has been made shall, during the life or continuance of such advance, and despite an official warning of the reserve bank of the district or of the Federal Reserve Board to the contrary, increase its outstanding loans secured by collateral in the form of stocks, bonds, debentures, or other such obligations, or loans made to members of any organized stock exchange, investment house, or dealer in securities, upon any obligation, note, or bill, secured or unsecured, for the purpose of purchasing and/or carrying stocks, bonds, or other investment securities (except obligations of the United States) such advance shall be deemed immediately due and payable, and such member 181 bank shall be ineligible as a borrower at the reserve bank of the

Ineligible as borrower at reserve bank thereafter.

Proviso.

Temporary carrying or clearance loans.

district under the provisions of this paragraph for such period as the Federal Reserve Board shall determine: Provided, That no temporary carrying or clearance loans made solely for the purpose of facilitating the purchase or delivery of securities offered for public subscription shall be included in the loans referred to in this paragraph.”

Sec. 10. Section 14 of the Federal Reserve Act, as amended (U. S. C.,

Vol. 38, p. 265.

U.S.C., p. 282.

title 12, secs. 353–358), is amended by adding at the end thereof the following new paragraph: “(g) The Federal Reserve Board shall exercise special supervision

Supervision by Board, foreign transactions of reserve bank.

over all relationships and transactions of any kind entered into by any Federal reserve bank with any foreign bank or banker, or with any group of foreign banks or bankers, and all such relationships and transactions shall be subject to such regulations, conditions, and

Regulations.

limitations as the Board may prescribe. No officer or other representative

Permission to conduct foreign negotiations.

of any Federal reserve bank shall conduct negotiations of any kind with the officers or representatives of any foreign bank or banker without first obtaining the permission of the Federal Reserve Board. The Federal Reserve Board shall have the right, in

Right of Board to representation during conferences.

its discretion, to be represented in any conference or negotiations by such representative or representatives as the Board may designate. A full report of all conferences or negotiations, and all understandings

Report to be filed.

or agreements arrived at or transactions agreed upon, and all other material facts appertaining to such conferences or negotiations, shall be filed with the Federal Reserve Board in writing by a duly authorized officer of each Federal reserve bank which shall have participated in such conferences or negotiations.”

Sec. 11. (a) Section 19 of the Federal Reserve Act, as amended

Vol. 38, p. 270.

U.S.C., pp. 268, 284, 287; Supp. VI, p. 138.

(U.S.C., title 12, secs. 142, 374, 461–466; Supp. VI, title 12, sec. 462a), is amended by inserting after the sixth paragraph thereof the following new paragraph:

“No member bank shall act as the medium or agent of any nonbanking

Member bank as agent in making loans to stock brokers prohibited.

corporation, partnership, association, business trust, or individual in making loans on the security of stocks, bonds, and other investment securities to brokers or dealers in stocks, bonds, and other investment securities. Every violation of this provision by any

Penalty provision.

member bank shall be punishable by a fine of not more than $100 per day during the continuance of such violation; and such fine may be collected, by suit or otherwise, by the Federal reserve bank of the district in which such member bank is located.”

(b) Such section 19 of the Federal Reserve Act, as amended, is

Vol. 38, p. 270.

further amended by adding at the end thereof the following new paragraphs:

“No member bank shall, directly or indirectly by any device whatsoever,

Interest payments on demand deposits prohibited.

Provisos.

Prior contracts.

pay any interest on any deposit which is payable on demand: Provided, That nothing herein contained shall be construed as prohibiting the payment of interest in accordance with the terms of any certificate of deposit or other contract heretofore entered into in good faith which is in force on the date of the enactment of this paragraph; but no such certificate of deposit or other contract shall be renewed or extended unless it shall be modified to conform to this paragraph, and every member bank shall take such action as may be necessary to conform to this paragraph as soon as possible consistently with its contractual obligations: Provided, however, That this

Application to deposit payable in foreign country.

paragraph shall not apply to any deposit of such bank which is payable only at an office thereof located in a foreign country, and shall not apply to any deposit made by a mutual savings bank, nor

Public funds.

to any deposit of public funds made by or on behalf of any State, 182 county, school district, or other subdivision or municipality, with respect to which payment of interest is required under State law.

Regulation of interest rate, time deposits.

“The Federal Reserve Board shall from time to time limit by regulation the rate of interest which may be paid by member banks on time deposits, and may prescribe different rates for such payment on time and savings deposits having different maturities or subject to different conditions respecting withdrawal or repayment or subject to different conditions by reason of different locations.

Payment before maturity prohibited.

No member bank shall pay any time deposit before its maturity, or waive any requirement of notice before payment of any savings deposit except as to all savings deposits having the same requirement.”

(c)

Postal savings depositories.

Section 8 of the Act entitled “An Act to establish postal savings depositories for depositing savings at interest with the security of the Government for repayment thereof, and for other

Vol. 36, p. 816.

U.S.C., p. 1281.

purposes”, approved June 25, 1910, as amended (U.S.C., title 39, sec. 758), is amended by striking out the first sentence thereof and

Withdrawals on 60 days’ notice.

inserting in lieu thereof the following: “Any depositor may withdraw the whole or any part of the funds deposited to his or her credit with the accrued interest only on notice given sixty days in advance and under such regulations as the Postmaster General may prescribe; but withdrawal of any part of such funds may be

On demand.

made upon demand, but no interest shall be paid on any funds so withdrawn except interest accrued to the date of enactment of the Banking Act of 1933: Provided, That Postal Savings depositories

Proviso.

Deposits with member banks.

may deposit funds in member banks on time under regulations to be prescribed by the Postmaster General. ” (d)

Vol. 36, p. 816; Vol. 39, p. 159.

U.S.C., p. 1281.

Deposit of funds in banks.

The second sentence of section 9 of the Act entitled “An Act to establish postal savings depositories for depositing savings at interest with the security of the Government for repayment thereof, and for other purposes”, approved June 25, 1910, as amended (U.S.C., title 39, sec. 759), is amended by striking out the period at the end thereof

Security, when deposits insured.

Ante, p. 168.

and inserting in lieu thereof a colon and the following: “ Provided, That no such security shall be required in case of such part of the deposits as are insured under section 12B of the Federal Reserve Act, as amended. ”

Sec. 12.

Vol. 38, p. 272.

U.S.C., pp. 284, 288, 291–292; Supp. VI, p. 140.

Section 22 of the Federal Reserve Act, as amended (U.S.C., title 12, secs. 375, 376, 503, 593–595; Supp. VI, title 12, sec. 593), is further amended by adding at the end thereof the following new paragraph: “(g)

Loans to executive officer prohibited.

No executive officer of any member bank shall borrow from or otherwise become indebted to any member bank of which he is an executive officer, and no member bank shall make any loan or extend credit in any other manner to any of its own executive officers:

Proviso.

Renewal of loans made prior hereto.

Provided, That loans heretofore made to any such officer may be renewed or extended not more than two years from the date this paragraph takes effect, if in accord with sound banking practice.

Report by officer, when indebted to other member bank.

If any executive officer of any member bank borrow from or if he be or become indebted to any bank other than a member bank of which he is an executive officer, he shall make a written report to the chairman of the board of directors of the member bank of which he is an executive officer, stating the date and amount of such loan or indebtedness, the security therefor, and the purpose for which

Penalty provision.

the proceeds have been or are to be used. Any executive officer of any member bank violating the provisions of this paragraph shall be deemed guilty of a misdemeanor and shall be imprisoned not exceeding one year, or fined not more than $5,000, or both; and any member bank violating the provisions of this paragraph shall be 183 fined not more than $10,000, and may be fined a further sum equal to the amount so loaned or credit so extended.”

Sec. 13. The Federal Reserve Act, as amended, is amended by

Vol. 38, p. 273.

U.S.C., pp. 263, 283; Supp. VI, p. 137.

inserting between sections 23 and 24 thereof (U.S.C., title 12, secs. 64 and 371; Supp. VI, title 12, sec. 371) the following new section:

“Sec. 23A.

No member bank shall (1) make any loan or any

Loans, investments, etc., prohibited by member banks to affiliates.

extension of credit to, or purchase securities under repurchase agreement from, any of its affiliates, or (2) invest any of its funds in the capital stock, bonds, debentures, or other such obligations of any such affiliate, or (3) accept the capital stock, bonds, debentures, or other such obligations of any such affiliate as collateral security for advances made to any person, partnership, association, or corporation, if, in the case of any such affiliate, the aggregate amount of

Percentage permitted.

such loans, extensions of credit, repurchase agreements, investments, and advances against such collateral security will exceed 10 per centum of the capital stock and surplus of such member bank, or if, in the case of all such affiliates, the aggregate amount of such loans, extensions of credits, repurchase agreements, investments, and advances against such collateral security will exceed 20 per centum of the capital stock and surplus of such member bank.

“Within the foregoing limitations, each loan or extension of credit

Security.

of any kind or character to an affiliate shall be secured by collateral in the form of stocks, bonds, debentures, or other such obligations having a market value at the time of making the loan or extension of credit of at least 20 per centum more than the amount of the loan or extension of credit, or of at least 10 per centum more than the amount of the loan or extension of credit if it is secured by obligations of any State, or of any political subdivision or agency thereof: Provided, That the provisions of this paragraph shall not

Proviso.

United States obligations, etc.

apply to loans or extensions of credit secured by obligations of the United States Government, the Federal intermediate credit banks, the Federal land banks, the Federal Home Loan Banks, or the Home Owners’ Loan Corporation, or by such notes, drafts, bills of exchange, or bankers’ acceptances as are eligible for rediscount or for purchase by Federal reserve banks. A loan or extension of credit to a

Loans to officers of affiliate.

director officer, clerk, or other employee or any representative of any such affiliate shall be deemed a loan to the affiliate to the extent that the proceeds of such loan are used for the benefit of, or transferred to, the affiliate.

“For the purposes of this section the term ‘affiliate’ shall include

“Affiliate”, construed.

holding company affiliates as well as other affiliates, and the provisions of this section shall not apply to any affiliate (1) engaged

Affiliates not included.

solely in holding the bank premises of the member bank with which it is affiliated, (2) engaged solely in conducting a safe-deposit business or the business of an agricultural credit corporation or livestock loan company, (3) in the capital stock of which a national banking association is authorized to invest pursuant to section 25 of the

Vol. 38, p. 273.

U.S.C., p. 292.

Federal Reserve Act, as amended, (4) organized under section 25 (a) of the Federal Reserve Act, as amended, or (5) engaged solely in holding obligations of the United States Government, the Federal intermediate credit banks, the Federal land banks, the Federal Home Loan Banks, or the Home Owners’ Loan Corporation; but as to any such affiliate, member banks shall continue to be subject to other provisions of law applicable to loans by such banks and investments by such banks in stocks, bonds, debentures, or other such obligations.”

Sec. 14. The Federal Reserve Act, as amended, is amended by

Vol. 38, p. 273.

U.S.C., pp. 283, 292; Supp. VI. p. 137.

inserting between section 24 and section 25 thereof (U.S.C., title 12, 184 secs. 371 and 601–605; Supp. VI, title 12, sec. 371) the following new section:

“Sec. 24A.

Investments prohibited to national and State member banks.

Hereafter no national bank, without the approval of the Comptroller of the Currency, and no State member bank, without the approval of the Federal Reserve Board, shall (1) invest in bank premises, or in the stock, bonds, debentures, or other such obligations of any corporation holding the premises of such bank or (2) make loans to or upon the security of the stock of any such corporation, if the aggregate of all such investments and loans will exceed the amount of the capital stock of such bank.”

Sec. 15.

Vol. 41, p. 1145.

U.S.C., p. 293–296.

The Federal Reserve Act, as amended, is further amended by inserting after section 25 (a) thereof (U.S.C., title 12, sec. 611–631) the following new section:

“Sec. 25. (b)

Foreign branches.

Suits at law, equity.

Notwithstanding any other provision of law all suits of a civil nature at common law or in equity to which any corporation organized under the laws of the United States shall be a party, arising out of transactions involving international or foreign banking, or banking in a dependency or insular possession of the United States, or out of other international or foreign financial operations, either directly or through the agency, ownership, or control of branches or local institutions in dependencies or insular possessions of the United

Jurisdiction of United States district courts.

States or in foreign countries, shall be deemed to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of all such suits; and any defendant

Removal.

in any such suit may, at any time before the trial thereof, remove such suits from a State court into the district court of the United States for the proper district by following the procedure for the removal of causes otherwise provided by law. Such removal shall not cause undue delay in the trial of such case and a case so removed shall have a place on the calendar of the United States court to which it is removed relative to that which it held on the State court from which it was removed.

When Federal Reserve bank a party.

“Notwithstanding any other provision of law, all suits of a civil nature at common law or in equity to which any Federal Reserve bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of all such suits; and any Federal Reserve bank which is a defendant in any such suit may, at any time before the trial thereof, remove such suit from a State court into the district court of the United States for the proper district by following the

Attachment before Anal judgment denied.

procedure for the removal of causes otherwise provided by law. No attachment or execution shall be issued against any Federal Reserve bank or its property before final judgment in any suit, action, or proceeding in any State, county, municipal, or United States court.”

Sec. 16.

R.S., sec. 5136, p. 993.

U.S.C., p. 259; Supp. VI, p. 129.

Paragraph “Seventh” of section 5136 of the Revised Statutes, as amended (U.S.C., title 12, sec. 24; Supp. VI, title 12, sec. 24), is amended to read as follows:

Corporate powers of national banking associations.

“Seventh. To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title. The business of dealing in investment securities by the association shall be limited to purchasing and selling such securities without recourse, solely upon the order, and for the account of, customers, and in no case for its own account, and the association 185 shall not underwrite any issue of securities: Provided, That the association

Proviso.

Purchase of investment securities.

may purchase for its own account investment securities under such limitations and restrictions as the Comptroller of the Currency may by regulation prescribe, but in no event (1) shall the total

Percentage permitted.

amount of any issue of investment securities of any one obligor or maker purchased after this section as amended takes effect and held by the association for its own account exceed at any time 10 per centum of the total amount of such issue outstanding, but this limitation shall not apply to any such issue the total amount of which does not exceed $100,000 and does not exceed 50 per centum of the capital of the association, nor (2) shall the total amount of the investment securities of any one obligor or maker purchased after this section as amended takes effect and held by the association for its own account exceed at any time 15 per centum of the amount of the capital stock of the association actually paid in and unimpaired and 25 per centum of its unimpaired surplus fund. As used in this section the term ‘investment

“Investment securities,” construed.

securities’ shall mean marketable obligations evidencing indebtedness of any person, copartnership, association, or corporation in the form of bonds, notes and/or debentures commonly known as investment securities under such further definition of the term ‘investment securities’ as may by regulation be prescribed by the Comptroller of the Currency. Except as hereinafter provided or otherwise permitted

Purchase of stock shares.

by law, nothing herein contained shall authorize the purchase by the association of any shares of stock of any corporation. The limitations and restrictions herein contained as to dealing in, underwriting

Obligations of United States, etc.

and purchasing for its own account, investment securities shall not apply to obligations of the United States, or general obligations of any State or of any political subdivision thereof, or obligations issued under authority of the Federal Farm Loan Act, as amended, or issued by the Federal Home Loan Banks or the Home Owners’ Loan Corporation: Provided, That in carrying on the business

Proviso.

Safe-deposit business.

commonly known as the safe-deposit business the association shall not invest in the capital stock of a corporation organized under the law of any State to conduct a safe-deposit business in an amount in excess of 15 per centum of the capital stock of the association actually paid in and unimpaired and 15 per centum of its unimpaired surplus.”

The restrictions of this section as to dealing in investment securities

Effective date of restrictions.

shall take effect one year after the date of the approval of this Act.

Sec. 17. (a) Section 5138 of the Revised Statutes, as amended

R.S., sec. 5138, p. 993.

U.S.C., p. 261; Supp. VI, p. 130.

(U.S.C., title 12, sec. 51; Supp. VI, title 12, sec. 51), is amended to read as follows:

“Sec. 5138. After this section as amended takes effect, no national

Capital, national banks.

Requisite amount of, on organization.

banking association shall be organized with a less capital than $100,000, except that such associations with a capital of not less than $50,000 may be organized in any place the population of which does not exceed six thousand inhabitants. No such association shall be organized in a city the population of which exceeds fifty thousand persons with a capital of less than $200,000, except that in the outlying districts of such a city where the State laws permit the organization of State banks with a capital of $100,000 or less, national banking associations now organized or hereafter organized may, with the approval of the Comptroller of the Currency, have a capital of not less than $100,000.”

(b) The tenth paragraph of section 9 of the Federal Reserve Act,

Vol. 40, p. 234.

U.S.C., p. 280.

as amended (U.S.C., title 12, sec. 329), is amended to read as follows:

“No applying bank shall be admitted to membership in a Federal

Admission to membership.

Paid-up capital required.

reserve bank unless it possesses a paid-up unimpaired capital suffi-186cient to entitle it to become a national banking association in the place where it is situated under the provisions of the National

Proviso.

State banks organized prior hereto, etc.

Bank Act, as amended: Provided, That this paragraph shall not apply to State banks and trust companies organized prior to the date this paragraph as amended takes effect and situated in a place the population of which does not exceed three thousand inhabitants and having a capital of not less than $25,000, nor to any State bank

Ante, p. 168.

or trust company which is so situated and which, while it is entitled to the benefits of insurance under section 12B of this Act, increases its capital to not less than $25,000.”

Sec. 18.

R.S., sec. 5139, p. 993.

U.S.C., p. 261; Supp. VI, p. 131.

Section 5139 of the Revised Statutes, as amended (U.S.C., title 12, sec. 52; Supp. VI, title 12, sec. 52), is amended by adding at the end thereof the following new paragraph:

Stock certificates, banking associations.

Use to represent stock in other corporation prohibited.

“After one year from the date of the enactment of the Banking Act of 1933, no certificate representing the stock of any such association shall represent the stock of any other corporation, except a member bank or a corporation existing on the date this paragraph takes effect engaged solely in holding the bank premises of such association, nor shall the ownership, sale, or transfer of any certificate representing the stock of any such association be conditioned in any manner whatsoever upon the ownership, sale, or transfer of a certificate representing the stock of any other corporation, except a member bank.”

Sec. 19.

R.S., sec. 5144, p. 994.

U.S.C., p. 262.

Section 5144 of the Revised Statutes, as amended (U.S.C., title 12, sec. 61), is amended to read as follows:

“Sec. 5144.

Shareholder’s right to vote.

In all elections of directors, each shareholder shall have the right to vote the number of shares owned by him for as many persons as there are directors to be elected, or to cumulate such shares and give one candidate as many votes as the number of directors multiplied by the number of his shares shall equal, or to distribute them on the same principle among as many candidates as he shall think fit; and in deciding all other questions at meetings of

Non voting shares.

shareholders, each shareholder shall be entitled to one vote on each share of stock held by him; except (1) that shares of its own stock held by a national bank as sole trustee shall not be voted, and shares of its own stock held by a national bank and one or more persons as trustees may be voted by such other person or persons, as trustees, in the same manner as if he or they were the sole trustee, and (2) shares controlled by any holding company affiliate of a national bank shall not be voted unless such holding company affiliate shall have first obtained a voting permit as hereinafter provided, which permit is in force at the time such shares are voted. Shareholders

Proxies.

may vote by proxies duly authorized in writing; but no officer, clerk, teller, or bookkeeper of such bank shall act as proxy; and no shareholder whose liability is past due and unpaid shall be allowed to vote.

Shares deemed controlled by holding company.

“For the purposes of this section shares shall be deemed to be controlled by a holding company affiliate if they are owned or controlled directly or indirectly by such holding company affiliate, or held by any trustee for the benefit of the shareholders or members thereof.

Voting permit, holding company affiliate.

“Any such holding company affiliate may make application to the Federal Reserve Board for a voting permit entitling it to cast one vote at all elections of directors and in deciding all questions at meetings of shareholders of such bank on each share of stock controlled by it or authorizing the trustee or trustees holding the stock for its benefit or for the benefit of its shareholders so to vote the same. The Federal Reserve Board may, in its discretion, grant or withhold such permit as the public interest may require. In acting upon

Application for.

such application, the Board shall consider the financial condition of the applicant, the general character of its management, and the prob-187able effect of the granting of such permit upon the affairs of such

Conditions.

bank, but no such permit shall be granted except upon the following conditions:

“(a) Every such holding company affiliate shall, in making the

Agreement required.

application for such permit, agree (1) to receive, on dates identical with those fixed for the examination of banks with which it is affiliated, examiners duly authorized to examine such banks, who shall make such examinations of such holding company affiliate as shall be necessary to disclose fully the relations between such banks and such holding company affiliate and the effect of such relations upon the affairs of such banks, such examinations to be at the expense of the holding company affiliate so examined; (2) that the reports of such examiners shall contain such information as shall be necessary to disclose fully the relations between such affiliate and such banks and the effect of such relations upon the affairs of such banks; (3) that such examiners may examine each bank owned or controlled by the holding company affiliate, both individually and in conjunction with other banks owned or controlled by such holding company affiliate; and (4) that publication of individual or consolidated statements of condition of such banks may be required; “(b) After five years after the enactment of the Banking Act

Assets to be maintained.

Post, p. 195.

of 1933, every such holding company affiliate (1) shall possess, and shall continue to possess during the life of such permit, free and clear of any lien, pledge, or hypothecation of any nature, readily marketable assets other than bank stock in an amount not less than 12 per centum of the aggregate par value of all bank stocks controlled by such holding company affiliate, which amount shall be increased by not less than 2 per centum per annum of such aggregate par value until such assets shall amount to 25 per centum of the aggregate par value of such bank stocks; and (2) shall reinvest in readily marketable assets other than bank stock all net earnings over and above 6 per centum per annum on the book value of its own shares outstanding until such assets shall amount to such 25 per centum of the aggregate par value of all bank stocks controlled by it; “(c) Notwithstanding the foregoing provisions of this section,

Shareholders’ liability.

Post, p. 195.

after five years after the enactment of the Banking Act of 1933, (1) any such holding company affiliate the shareholders or members of which shall be individually and severally liable in proportion to the number of shares of such holding company affiliate held by them respectively, in addition to amounts invested therein, for all statutory liability imposed on such holding company affiliate by reason of its control of shares of stock of banks, shall be required only to establish and maintain out of net earnings over and above 6 per centum per annum on the book value of its own shares outstanding a reserve of readily marketable assets in an amount of not less than 12 per centum of the aggregate par value of bank stocks controlled by it, and (2) the assets required by this section to be possessed by such holding company affiliate may be used by it for replacement of capital in banks affiliated with it and for losses incurred in such banks, but any deficiency in such assets resulting from such use shall be made up within such period as the Federal Reserve Board may by regulation prescribe; “(d) Every officer, director, agent, and employee of every such

Liability of officers, employees, etc.

holding company affiliate shall be subject to the same penalties for false entries in any book, report, or statement of such holding company affiliate as are applicable to officers, directors, agents, and

R.S., sec. 5209, p. 1007.

U.S.C., p. 291.

employees of member banks under section 5209 of the Revised Statutes, as amended (U.S.C., title 12, sec. 592); and 188 “(e)

Voting permits, holding company affiliates.

Requirements of application.

Every such holding company affiliate shall, in its application for such voting permit, (1) show that it does not own, control, or have any interest in, and is not participating in the management or direction of, any corporation, business trust, association, or other similar organization formed for the purpose of, or engaged principally in, the issue, flotation, underwriting, public sale, or distribution, at wholesale or retail or through syndicate participation, of stocks, bonds, debentures, notes, or other securities of any

Agreements.

sort (hereinafter referred to as ‘securities company’); (2) agree that during the period that the permit remains in force it will not acquire any ownership, control, or interest in any such securities company or participate in the management or direction thereof; (3) agree that if, at the time of filing the application for such permit, it owns, controls, or has an interest in, or is participating in the management or direction of, any such securities company, it will, within five years after the filing of such application, divest itself of its ownership, control, and interest in such securities company and will cease participating in the management or direction thereof, and will not thereafter, during the period that the permit remains in force, acquire any further ownership, control, or interest in any such securities company or participate in the management or direction thereof; and (4) agree that thenceforth it will declare dividends only out of actual net earnings.

Revocation of permit, upon violating Banking Act of 1933.

“If at any time it shall appear to the Federal Reserve Board that any holding company affiliate has violated any of the provisions of the Banking Act of 1933 or of any agreement made pursuant to this

Post, p. 195.

section, the Federal Reserve Board may, in its discretion, revoke any such voting permit after giving sixty days’ notice by registered mail of its intention to the holding company affiliate and affording it an

Deposits of United States public moneys denied.

opportunity to be heard. Whenever the Federal Reserve Board shall have revoked any such voting permit, no national bank whose stock is controlled by the holding company affiliate whose permit is so revoked shall receive deposits of public moneys of the United States, nor shall any such national bank pay any further dividend to such holding company affiliate upon any shares of such bank controlled by such holding company affiliate.

Forfeiture of rights, privileges, etc.

“Whenever the Federal Reserve Board shall have revoked any voting permit as hereinbefore provided, the rights, privileges, and franchises of any or all national banks the stock of which is controlled by such holding company affiliate shall, in the discretion of

Vol. 38, p. 251.

the Federal Reserve Board, be subject to forfeiture in accordance with section 2 of the Federal Reserve Act, as amended.”

Sec. 20.

Member bank affiliation with stock, etc., sales organization, prohibited.

After one year from the date of the enactment of this Act, no member bank shall be affiliated in any manner described in section 2 (b) hereof with any corporation, association, business trust, or

Ante, p. 162.

other similar organization engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities.

Penalty for violation.

For every violation of this section the member bank involved shall be subject to a penalty not exceeding $1,000 per day for each day

Assessment of.

during which such violation continues. Such penalty may be assessed by the Federal Reserve Board, in its discretion, and, when so assessed, may be collected by the Federal reserve bank by suit or otherwise.

National banks.

Forfeiture of rights, etc., if violation continues.

If any such violation shall continue for six calendar months after the member bank shall have been warned by the Federal Reserve Board to discontinue the same, (a) in the case of a national bank, all the rights, privileges, and franchises granted to it under the National 189 Bank Act may be forfeited in the manner prescribed in section 2 of

Vol. 38, p. 251.

U.S.C., pp. 268, 275, 277, 288.

State member banks.

Forfeiture of membership rights.

the Federal Reserve Act, as amended (U.S.C., title 12, secs. 141, 222–225, 281–286, and 502), or, (b) in the case of a State member bank, all of its rights and privileges of membership in the Federal Reserve System may be forfeited in the manner prescribed in section 9 of the Federal Reserve Act, as amended (U.S.C., title 12, secs. 321–332).

Sec. 21. (a) After the expiration of one year after the date of

Vol. 38, p. 259.

U.S.C., p. 279; Supp. VI, p. 135.

enactment of this Act it shall be unlawful— (1) For any person, firm, corporation, association, business trust,

Unlawful acts.

Receiving deposits subject to repayment by stock selling, etc., organization.

or other similar organization, engaged in the business of issuing, underwriting, selling, or distributing, at wholesale or retail, or through syndicate participation, stocks, bonds, debentures, notes, or other securities, to engage at the same time to any extent whatever in the business of receiving deposits subject to check or to repayment upon presentation of a passbook, certificate of deposit, or other evidence of debt, or upon request of the depositor; or (2) For any person, firm, corporation, association, business trust,

Receiving deposits without submitting to examination.

or other similar organization, other than a financial institution or private banker subject to examination and regulation under State or Federal law, to engage to any extent whatever in the business of receiving deposits subject to check or to repayment upon presentation of a passbook, certificate of deposit, or other evidence of debt, or upon request of the depositor, unless such person, firm, corporation, association, business trust, or other similar organization shall submit to periodic examination by the Comptroller of the Currency or by the Federal reserve bank of the district and shall make and publish

Reports required.

periodic reports of its condition, exhibiting in detail its resources and liabilities, such examination and reports to be made and published at the same times and in the same manner and with like effect and penalties as are now provided by law in respect of national banking associations transacting business in the same locality. (b) Whoever shall willfully violate any of the provisions of this

Penalty provisions.

section shall upon conviction be fined not more than $5,000 or imprisoned not more than five years, or both, and any officer, director, employee, or agent of any person, firm,. corporation, association, business trust, or other similar organization who knowingly participates in any such violation shall be punished by a like fine or imprisonment or both.

Sec. 22. The additional liability imposed upon shareholders in

Additional liability, not applicable to shares hereafter issued.

R.S., sec. 5151, p. 995.

Vol. 38, p. 273.

U.S.C., p. 263.

national banking associations by the provisions of section 5151 of the Revised Statutes, as amended, and section 23 of the Federal Reserve Act, as amended (U.S.C., title 12, secs. 63 and 64), shall not apply with respect to shares in any such association issued after the date of enactment of this Act.

Sec. 23. Paragraph (c) of section 5155 of the Revised Statutes, as

R.S., sec. 5155, p. 996.

U.S.C., p. 261.

amended (U.S.C., title 12, sec. 36), is amended to read as follows: “(c) A national banking association may, with the approval of the

Branches.

Establishment by association, upon approval.

Comptroller of the Currency, establish and operate new branches: (1) Within the limits of the city, town or village in which said association is situated, if such establishment and operation are at the time expressly authorized to State banks by the law of the State in question; and (2) at any point within the State in which said association is situated, if such establishment and operation are at the time authorized to State banks by the statute law of the State in question by language specifically granting such authority affirmatively and not merely by implication or recognition, and subject to the restrictions as to location imposed by the law of the State on State banks. 190

Branch outside of city, etc.

No such association shall establish a branch outside of the city, town, or village in which it is situated unless it has a paid-in and unimpaired

Provisos.

States having population of less than one million.

capital stock of not less than $500,000: Provided, That in States with a population of less than one million, and which have no cities located therein with a population exceeding one hundred thousand, the capital shall be not less than $250,000: Provided, That

Less than one half million.

in States with a population of less than one-half million, and which have no cities located therein with a population exceeding fifty thousand, the capital shall not be less than $100,000.”

R.S., sec. 5155, p. 996.

U.S.C., p. 261.

Paragraph (d) of section 5155 of the Revised Statutes, as amended (U.S.C., title 12, sec. 36), is amended to read as follows:

“(d)

Aggregate capital of association; amount.

The aggregate capital of every national banking association and its branches shall at no time be less than the aggregate minimum capital required by law for the establishment of an equal number of national banking associations situated in the various places where such association and its branches are situated.”

Sec. 24. (a)

National banking associations; consolidations.

Vol. 40, p. 1043; Vol. 44, p. 1225.

U.S.C., p. 260; Supp. VI, p. 129.

“State”, added.

Sections 1 and 3 of the Act entitled “An Act to provide for the consolidation of national banking associations”, approved November 7, 1918, as amended (U.S.C., title 12, secs. 33, 34, and 34a), are amended by striking out the words “county, city, town, or village” wherever they occur in each such section, and inserting in lieu thereof the words “State, county, city, town, or village.” (b)

Vol. 44, p. 1225.

U.S.C., Supp. VI, p. 129.

Capital of consolidated association.

Section 3 of such Act of November 7, 1918, as amended, is further amended by striking out the second sentence thereof and inserting in lieu thereof the following: “The capital stock of such consolidated association shall not be less than that required under existing law for the organization of a national banking association in the place in which such consolidated association is located.

Merger of corporate existence.

Upon such a consolidation, or upon a consolidation of two or more national banking associations under section 1 of this Act, the corporate existence of each of the constituent banks and national banking associations participating in such consolidation shall be merged into and continued in the consolidated national banking association and the consolidated association shall be deemed to be

Transfer of rights, property, etc.

the same corporation as each of the constituent institutions. All the rights, franchises, and interests of each of such constituent banks and national banking associations in and to every species of property, real, personal, and mixed, and choses in action thereto belonging, shall be deemed to be transferred to and vested in such consolidated national banking association without any deed or other transfer; and such consolidated national banking association, by virtue of such consolidation and without any order or other action on the part of any court or otherwise, shall hold and enjoy the same and all rights of property, franchises, and interests, including appointments, designations, and nominations and all other rights and interests as trustee, executor, administrator, registrar of stocks and bonds, guardian of estates, assignee, receiver, committee of estates of lunatics and in every other fiduciary capacity, in the same manner and to the same extent as such rights, franchises, and interests were held or enjoyed by any such constituent institution at the time of such consolidation:

Proviso.

Power of court to remove consolidated association from trusteeship, etc.

Provided, however, That where any such constituent institution at the time of such consolidation was acting under appointment of any court as trustee, executor, administrator, registrar of stocks and bonds, guardian of estates, assignee, receiver, committee of estates of lunatics or in any other fiduciary capacity, the consolidated national banking association shall be subject to removal by a court of competent jurisdiction in the same manner and to the same extent as was such constituent corporation prior to the consolidation, and nothing herein contained shall be construed to impair in any manner the right of 191 any court to remove such a consolidated national banking association and to appoint in lieu thereof a substitute trustee, executor, or other fiduciary, except that such right shall not be exercised in such a manner as to discriminate against national banking associations, nor

Discrimination not authorized.

shall any such consolidated association be removed solely because of the fact that it is a national banking association. ”

Sec. 25. The first two sentences of section 5197 of the Revised

R.S., sec. 5197, p. 1005.

U.S.C., p. 264.

Statutes (U.S.C., title 12, sec. 85) are amended to read as follows:

“Any association may take, receive, reserve, and charge on any

Right of association to take interest on loans, etc.

loan or discount made, or upon any notes, bills of exchange, or other evidences of debt, interest at the rate allowed by the laws of the State, Territory, or District where the bank is located, or at a rate of 1 per centum in excess of the discount rate on ninety-day commercial

Commercial paper.

paper in effect at the Federal reserve bank in the Federal reserve district where the bank is located, whichever may be the greater, and no more, except that where by the laws of any State a different rate is limited for banks organized under State laws, the rate so limited shall be allowed for associations organized or existing in any such State under this title. When no rate is fixed by the laws of the

When no fixed rate.

State, or Territory, or District, the bank may take, receive, reserve, or charge a rate not exceeding 7 per centum, or 1 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal reserve bank in the Federal reserve district where the bank is located, whichever may be the greater, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.”

Sec. 26. (a) The second sentence of the first paragraph of section

R.S., sec. 5200, p. 1005.

U.S.C., p. 264; Supp. VI, p. 131.

Limit of liability.

5200 of the Revised Statutes, as amended (U.S.C., title 12, sec. 84; Supp. VI, title 12, sec. 84), is amended by inserting before the period at the end thereof the following: “and shall include in the case of obligations of a corporation all obligations of all subsidiaries thereof in which such corporation owns or controls a majority interest.” (b) The amendment made by this section shall not apply to such

Obligations of subsidiaries.

obligations of subsidiaries held by such association on the date this section takes effect.

Sec. 27. Section 5211 of the Revised Statutes, as amended (U.S.C.,

R.S., sec. 5211, p. 1007.

U.S.C., p. 269; Supp. VI, p. 133.

title 12, sec. 161; Supp. VI, title 12, sec. 161), is amended by adding at the end thereof the following new paragraph:

“Each national banking association shall obtain from each of its

Reports of affiliate banks to association.

affiliates other than member banks and furnish to the Comptroller of the Currency not less than three reports during each year, in such form as the Comptroller may prescribe, verified by the oath or affirmation

Form.

of the president or such other officer as may be designated by

Verification.

the board of directors of such affiliate to verify such reports, disclosing the information hereinafter provided for as of dates identical with those for which the Comptroller shall during such year require the reports of the condition of the association. For the purpose of this section the term ‘affiliate’ shall include holding company affiliates

“Affiliate”, consumed.

Report transmitted to Comptroller.

as well as other affiliates. Each such report of an affiliate shall be transmitted to the Comptroller at the same time as the corresponding report of the association, except that the Comptroller may, in his discretion, extend such time for good cause shown. Each such report shall contain such information as in the judgment of the Comptroller

Contents.

of the Currency shall be necessary to disclose fully the relations between such affiliate and such bank and to enable the Comptroller to inform himself as to the effect of such relations upon the affairs of such bank. The reports of such affiliates shall be published by the

Publication.

association under the same conditions as govern its own condition reports. The Comptroller shall also have power to call for additional

Additional reports.

192 reports with respect to any such affiliate whenever in his judgment the same are necessary in order to obtain a full and complete knowledge of the conditions of the association with which it is affiliated. Such additional reports shall be transmitted to the Comptroller of

Penalty provision.

the Currency in such form as he may prescribe. Any such affiliated bank which fails to obtain and furnish any report required under this section shall be subject to a penalty of $100 for each day during which such failure continues.”

Sec. 28. (a)

R.S., sec. 5240, p. 1013.

U.S.C., p. 288.

The first paragraph of section 5240 of the Revised Statutes, as amended (U.S.C., title 12, sec. 481), is amended by inserting before the period at the end thereof a colon and the following

Bank examinations.

Affiliates to be included.

proviso: “ Provided, That in making the examination of any national bank the examiners shall include such an examination of the affairs of all its affiliates other than member banks as shall be necessary to disclose fully the relations between such bank and such

Information required.

affiliates and the effect of such relations upon the affairs of such

Forfeiture of rights on refusal.

bank; and in the event of the refusal to give any information required in the course of the examination of any such affiliate, or in the event of the refusal to permit such examination, all the rights, privileges, and franchises of the bank shall be subject to forfeiture

Vol. 38, p. 251.

U.S.C., pp. 268, 275, 277, 288.

in accordance with section 2 of the Federal Reserve Act, as amended (U.S.C., title 12, secs. 141, 222–225, 281–286, and 502). The Comptroller of the Currency shall have power, and he is hereby authorized,

Publication, report of examinations.

to publish the report of his examination of any national banking association or affiliate which shall not within one hundred and twenty days after notification of the recommendations or suggestions of the Comptroller, based on said examination, have complied with the same

Notice of.

to his satisfaction. Ninety days’ notice prior to such publicity shall be given to the bank or affiliate. ” (b)

R.S., sec. 5240, p. 1013.

U.S.C., p. 288.

Section 5240 of the Revised Statutes, as amended (U.S.C., title 12, sec. 481), is further amended by adding after the first paragraph thereof the following new paragraph:

Powers of examiner.

“The examiner making the examination of any affiliate of a national bank shall have power to make a thorough examination of all the affairs of the affiliate, and in doing so he shall have power to administer oaths and to examine any of the officers, directors, employees, and agents thereof under oath and to make a report of

Expense of examinations.

his findings to the Comptroller of the Currency. The expense of examinations of such affiliates may be assessed by the Comptroller of the Currency upon the affiliates examined in proportion to assets or resources held by the affiliates upon the dates of examination of

Assessment on refusal to pay.

the various affiliates. If any such affiliate shall refuse to pay such expenses or shall fail to do so within sixty days after the elate of such assessment, then such expenses may be assessed against the

Proviso.

Assessment when affiliation of two or more national banks.

affiliated national bank and, when so assessed, shall be paid by such national bank: Provided, however, That, if the affiliation is with two or more national banks, such expenses may be assessed against, and collected from, any or all of such national banks in such proportions

Employment of examiners, etc.

as the Comptroller of the Currency may prescribe. The examiners and assistant examiners making the examinations of national banking associations and affiliates thereof herein provided for and the chief examiners, reviewing examiners and other persons whose services may be required in connection with such examinations or the reports thereof, shall be employed by the Comptroller of the Currency with the approval of the Secretary of the Treasury; the

Compensation.

employment and compensation of examiners, chief examiners, reviewing examiners, assistant examiners, and of the other employees of the office of the Comptroller of the Currency whose compensation is paid from assessments on banks or affiliates thereof shall be without regard 193 to the provisions of other laws applicable to officers or employees of the United States. The funds derived from such assessments may be

Status of assessments.

deposited by the Comptroller of the Currency in accordance with the provisions of section 5234 of the Revised Statutes (U.S.C., title 12,

R.S., sec. 5234, p. 1012.

U.S.C., p. 271.

sec. 192) and shall not be construed to be Government funds or appropriated monies; and the Comptroller of the Currency is authorized and empowered to prescribe regulations governing the computation and assessment of the expenses of examinations herein provided for and the collection of such assessments from the banks and/or affiliates examined. If any affiliate of a national bank shall

Penalty, affiliate refusing to permit examination.

refuse to permit an examiner to make an examination of the affiliate or shall refuse to give any information required in the course of any such examination, the national bank with which it is affiliated shall be subject to a penalty of not more than $100 for each day that any such refusal shall continue. Such penalty may be assessed by the

Assessment of penalty.

Comptroller of the Currency and collected in the same manner as expenses of examinations.”

Sec. 29. In any case in which, in the opinion of the Comptroller

Resumption of business, by closed association.

of the Currency, it would be to the advantage of the depositors and unsecured creditors of any national banking association whose business has been closed, for such association to resume business upon the retention by the association, for a reasonable period to be prescribed by the Comptroller, of all or any part of its deposits, the Comptroller is authorized, in his discretion, to permit the association to

Consent of depositors, etc.

resume business if depositors and unsecured creditors of the association representing at least 75 per centum of its total deposit and unsecured credit liabilities consent in writing to such retention of

Powers of Comptroller not affected.

deposits. Nothing in this section shall be construed to affect in any manner any powers of the Comptroller under the provisions of law in force on the date of enactment of this Act with respect to the reorganization of national banking associations.

Sec. 30. Whenever, in the opinion of the Comptroller of the Currency,

Violations of law by officer, etc., of national bank.

any director or officer of a national bank, or of a bank or trust company doing business in the District of Columbia, or whenever, in the opinion of a Federal reserve agent, any director or officer of a State member bank in his district shall have continued to violate

When continues unsafe, etc., banking practices.

any law relating to such bank or trust company or shall have continued unsafe or unsound practices in conducting the business of such bank or trust company, after having been warned by the Comptroller of the Currency or the Federal reserve agent, as the case may be, to discontinue such violations of law or such unsafe or unsound practices, the Comptroller of the Currency or the Federal

Certification of facts to Board.

reserve agent, as the case may be, may certify the facts to the Federal Reserve Board. In any such case the Federal Reserve Board may cause notice to be served upon such director or officer to appear before such Board to show cause why he should not be removed

Copy to be transmitted.

from office. A copy of such order shall be sent to each director of the bank affected, by registered mail. If after granting the accused

Removal authorized, after hearing.

director or officer a reasonable opportunity to be heard, the Federal Reserve Board finds that he has continued to violate any law relating to such bank or trust company or has continued unsafe or unsound practices in conducting the business of such bank or trust company after having been warned by the Comptroller of the Currency or the Federal reserve agent to discontinue such violation of law or such unsafe or unsound practices, the Federal Reserve Board, in its discretion, may order that such director or officer be removed from

Copy of removal order.

office. A copy of such order shall be served upon such director or officer. A copy of such order shall also be served upon the bank of which he is a director or officer, whereupon such director or officer 194

Proviso.

Confidential nature of order.

shall cease to be a director or officer of such bank: Provided, That such order and the findings of fact upon which it is based shall not be made public or disclosed to anyone except the director or officer involved and the directors of the bank involved, otherwise than in.

Removed officer, penalty for further participation in bank management.

connection with proceedings for a violation of this section. Any such director or officer removed from office as herein provided who thereafter participates in any manner in the management of such bank shall be fined not more than $5,000, or imprisoned for not more than five years, or both, in the discretion of the court.

Sec. 31.

Board of directors, etc.

After one year from the date of enactment of this Act, notwithstanding any other provision of law, the board of directors, board of trustees, or other similar governing body of every national banking association and of every State bank or trust company which

Number of members.

is a member of the Federal Reserve System shall consist of not less than five nor more than twenty-five members; and every director,

Stock ownership requirement.

trustee, or other member of such governing body shall be the bona fide owner in his own right of shares of stock of such banking association,

Post, p. 971.

State bank or trust company having a par value in the aggregate of not less than $2,500, unless the capital of the bank shall not exceed $50,000, in which case he must own in his own right shares having a par value in the aggregate of not less than $1,500, or unless the capital of the bank shall not exceed $25,000, in which case he must own in his own right shares having a par value in the

Appointment of receiver, when violation by national bank.

aggregate of not less than $1,000. If any national banking association violates the provisions of this section and continues such violation after thirty days’ notice from the Comptroller of the Currency, the said Comptroller may appoint a receiver or conservator therefor,

Forfeiture of membership, State member bank.

in accordance with the provisions of existing law. If any State bank or trust company which is a member of the Federal Reserve System violates the provisions of this section and continues such violation after thirty days’ notice from the Federal Reserve Board, it shall be subject to the forfeiture of its membership in the Federal Reserve System in accordance with the provisions of section 9 of the Federal Reserve Act, as amended.

Sec. 32.

Member bank officers, directors, etc.

Engaging in securities transactions prohibited.

From and after January 1, 1934, no officer or director of any member bank shall be an officer, director, or manager of any corporation, partnership, or unincorporated association engaged primarily in the business of purchasing, selling, or negotiating securities,

Member bank not to act as correspondent bank.

and no member bank shall perform the functions of a correspondent bank on behalf of any such individual, partnership, corporation, or unincorporated association and no such individual, partnership, corporation, or unincorporated association shall perform the functions of a correspondent for any member bank or hold on

Permit issued by Board.

deposit any funds on behalf of any member bank, unless in any such case there is a permit therefor issued by the Federal Reserve Board; and the Board is authorized to issue such permit if in its judgment it is not incompatible with the public interest, and to

Revocation.

revoke any such permit whenever it finds after reasonable notice and opportunity to be heard, that the public interest requires such revocation.

Sec. 33.

Vol. 38, p. 732; Vol. 39, p. 121; Vol. 41, p. 626.

U.S.C., p. 353.

The Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, as amended (U.S.C., title 15, sec. 19), is hereby amended by adding after section 8 thereof the following new section:

“Sec. 8A.

Clayton Act, amendment.

Interlocking directorates and officers.

That from and after the 1st day of January 1934, no director, officer, or employee of any bank, banking association, or trust company, organized or operating under the laws of the United States shall be at the same time a director, officer, or employee of a 195 corporation (other than a mutual savings bank) or a member of a partnership organized for any purpose whatsoever which shall make loans secured by stock or bond collateral to any individual, association, partnership, or corporation other than its own subsidiaries.”

Sec. 34. The right to alter, amend, or repeal this Act is hereby

Amendment.

Separability of provisions.

expressly reserved. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Approved, June 16, 1933, 11:45 a.m.

To encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works, and for other purposes. Chapter 90 48 Stat. 195 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 90.]

AN ACT To encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works, and for other purposes.

June 16, 1933.

[H. R. 5755.]

[Public, No. 67.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Industrial Recovery Act.

<num class="centered" value="I">TITLE I—</num> <heading class="inline">INDUSTRIAL RECOVERY <sidenote><inline class="smallCaps">title i—industrial recovery.</inline></sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">declaration of policy <sidenote>Appropriation for. Post, p. 275.</sidenote></heading> <num value="1"><inline class="smallCaps">Section</inline> 1.</num> <content>A national emergency productive of widespread unemployment <sidenote>Declaration of policy.</sidenote> and disorganization of industry, which burdens interstate and foreign commerce, affects the public welfare, and undermines the standards of living of the American people, is hereby declared to exist. It is hereby declared to be the policy of Congress to remove obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof; and to provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among trade groups, to induce and maintain united action of labor and management under adequate governmental sanctions and supervision, to eliminate unfair competitive practices, to promote the fullest possible utilization of the present productive capacity of industries, to avoid undue restriction of production (except as may be temporarily required), to increase the consumption of industrial and agricultural products by increasing purchasing power, to reduce and relieve unemployment, to improve standards of labor, and otherwise to rehabilitate industry and to conserve natural resources.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">administrative agencies <sidenote>Administrative agencies.</sidenote></heading> <num value="2"><inline class="smallCaps">Sec</inline>. 2.</num> <subsection class="inline"> <num value="a">(a)</num> <content>To effectuate the policy of this title, the President is <sidenote>President authorized to establish.</sidenote> hereby authorized to establish such agencies, to accept and utilize such voluntary and uncompensated services, to appoint, without <sidenote>Appointments.</sidenote> regard to the provisions of the civil service laws, such officers and employees, and to utilize such Federal officers and employees, and, <sidenote>Cooperation of Federal and State officers, etc.</sidenote> with the consent of the State, such State and local officers and employees, as he may find necessary, to prescribe their authorities, duties, responsibilities, and tenure, and, without regard to the Classification Act of 1923, as amended, to fix the compensation of any officers and employees so appointed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>The President may delegate any of his functions and powers <sidenote>Delegation of functions. Industrial planning and research agency. Establishment authorized.</sidenote> under this title to such officers, agents, and employees as he may designate or appoint, and may establish an industrial planning and research agency to aid in carrying out his functions under this title.</content> </subsection> <page identifier="/us/stat/48/196">196</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num><sidenote>Termination of agencies, etc.</sidenote> <content class="inline">This title shall cease to be in effect and any agencies established hereunder shall cease to exist at the expiration of two years after the date of enactment of this Act, or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 has ended.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">codes of fair competition</heading><sidenote>Codes of fair competition.</sidenote> <num value="3"><inline class="smallCaps">Sec</inline>. 3.</num><sidenote>Approval by the President.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">Upon the application to the President by one or more trade or industrial associations or groups, the President may approve a code or codes of fair competition for the trade or industry or subdivision thereof, represented by the applicant or applicants, if the President finds (1) that such associations or groups impose no inequitable restrictions on admission to membership therein and are truly representative of such trades or industries or subdivisions thereof, and (2) that such code or codes are not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate to discriminate against them, and will tend to effectuate <sidenote>Provisos. Monopolies, etc., not permitted. Right of persons affected to be heard.</sidenote> the policy of this title: <proviso> Provided, That such code or codes shall not permit monopolies or monopolistic practices:</proviso> <proviso> Provided further, That where such code or codes affect the services and welfare of persons engaged in other steps of the economic process, nothing in this section shall deprive such persons of the right to be heard prior to approval by the President of such code or codes. The President <sidenote>Imposition of conditions for protection of consumers, etc.</sidenote> may, as a condition of his approval of any such code, impose such conditions (including requirements for the making of reports and the keeping of accounts) for the protection of consumers, competitors, employees, and others, and in furtherance of the public interest, <sidenote>Exceptions and exemptions.</sidenote> and may provide such exceptions to and exemptions from the provisions of such code, as the President in his discretion deems necessary to effectuate the policy herein declared.</proviso> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Approved code to be standard of fair competition. Violations deemed unfair practice.</sidenote> <content class="inline">After the President shall have approved any such code, the provisions of such code shall be the standards of fair competition for such trade or industry or subdivision thereof. Any violation of such standards in any transaction in or affecting interstate or foreign commerce shall be deemed an unfair method of competition in commerce <sidenote>Vol. 39, p. 717.</sidenote> within the meaning of the Federal Trade Commission Act, as amended; but nothing in this title shall be construed to impair the powers of the Federal Trade Commission under such Act, as amended.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num><sidenote>Jurisdiction of district courts to restrain violations.</sidenote> <content class="inline">The several district courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of any code of fair competition approved under this title; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num><sidenote>Establishment of compulsory code by President.</sidenote> <content class="inline">Upon his own motion, or if complaint is made to the President that abuses inimical to the public interest and contrary to the policy herein declared are prevalent in any trade or industry or subdivision <sidenote>Notice and hearing required.</sidenote> thereof, and if no code of fair competition therefor has theretofore been approved by the President, the President, after such public notice and hearing as he shall specify, may prescribe and approve a code of fair competition for such trade or industry or subdivision <sidenote>Effect of code.</sidenote> thereof, which shall have the same effect as a code of fair competition approved by the President under subsection (a) of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num><sidenote>Importation of competitive articles affecting maintenance of code.</sidenote> <content class="inline">On his own motion, or if any labor organization, or any trade or industrial organization, association, or group, which has complied with the provisions of this title, shall make complaint to the President <page identifier="/us/stat/48/197">197</page> that any article or articles are being imported into the United States in substantial quantities or increasing ratio to domestic production of any competitive article or articles and on such terms or under such conditions as to render ineffective or seriously to endanger the maintenance of any code or agreement under this title, the President <sidenote>Investigation by Tariff Commission.</sidenote> may cause an immediate investigation to be made by the United States Tariff Commission, which shall give precedence to investigations under this subsection, and if, after such investigation and such <sidenote>Notice and hearing.</sidenote> public notice and hearing as he shall specify, the President shall find the existence of such facts, he shall, in order to effectuate the policy <sidenote>President to prescribe terms, etc., for admission of articles.</sidenote> of this title, direct that the article or articles concerned shall be permitted entry into the United States only upon such terms and conditions and subject to the payment of such fees and to such <sidenote>Limitation of total admitted quantity.</sidenote> limitations in the total quantity which may be imported (in the course of any specified period or periods) as he shall find it necessary to prescribe in order that the entry thereof shall not render or tend to render ineffective any code or agreement made under this title. In <sidenote>President may forbid importations unless importer license obtained.</sidenote> order to enforce any limitations imposed on the total quantity of imports, in any specified period or periods, of any article or articles under this subsection, the President may forbid the importation of such article or articles unless the importer shall have first obtained from the Secretary of the Treasury a license pursuant to such regulations <sidenote>Administration of terms, etc., imposed by President.</sidenote> as the President may prescribe. Upon information of any action by the President under this subsection the Secretary of the Treasury shall, through the proper officers, permit entry of the article or articles specified only upon such terms and conditions and subject to such fees, to such limitations in the quantity which may be imported, and to such requirements of license, as the President shall have directed. The decision of the President as to facts shall <sidenote>Decision conclusive.</sidenote> be conclusive. Any condition or limitation of entry under this subsection <sidenote>Conditions and limitations, effective period.</sidenote>shall continue in effect until the President shall find and inform the Secretary of the Treasury that the conditions which led to the imposition of such condition or limitation upon entry no longer exists.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f)</num> <content>When a code of fair competition has been approved or prescribed <sidenote>Violations of provisions of code.</sidenote> by the President under this title, any violation of any provision thereof in any transaction in or affecting interstate or foreign commerce shall be a misdemeanor and upon conviction thereof an offender shall be fined not more than $500 for each offense, and each <sidenote>Penalty.</sidenote> day such violation continues shall be deemed a separate offense.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">agreements and licenses <sidenote>Agreements and licenses.</sidenote></heading> <num value="4"><inline class="smallCaps">Sec</inline>. 4.</num> <subsection class="inline"> <num value="a">(a)</num> <content>The President is authorized to enter into agreements <sidenote>Authority of President to enter trade agreements.</sidenote> with, and to approve voluntary agreements between and among, persons engaged in a trade or industry, labor organizations, and trade or industrial organizations, associations, or groups, relating to any trade or industry, if in his judgment such agreements will aid in effectuating the policy of this title with respect to transactions in or affecting interstate or foreign commerce, and will be consistent with the requirements of clause (2) of subsection (a) of section 3 for a <sidenote>Ante, p. 196.</sidenote> code of fair competition.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Whenever the President shall find that destructive wage or <sidenote>Licenses. Issue of, to business enterprises when unfair practices in trade or industry.</sidenote> price cutting or other activities contrary to the policy of this title are being practiced in any trade or industry or any subdivision thereof, and, after such public notice and hearing as he shall specify, shall find it essential to license business enterprises in order to make effective a code of fair competition or an agreement under this title or otherwise to effectuate the policy of this title, and shall publicly <page identifier="/us/stat/48/198">198</page><sidenote>Engaging in business without license prohibited.</sidenote> so announce, no person shall, after a date fixed in such announcement, engage in or carry on any business, in or affecting interstate or foreign commerce, specified in such announcement, unless he shall have first obtained a license issued pursuant to such regulations as <sidenote>Revocation of license.</sidenote> the President shall prescribe. The President may suspend or revoke <sidenote>Finality of revoking order.</sidenote> any such license, after due notice and opportunity for hearing, for violations of the terms or conditions thereof. Any order of the President suspending or revoking any such license shall be final if <sidenote>Penalty for violation.</sidenote> in accordance with law. Any person who, without such a license or in violation of any condition thereof, carries on any such business for which a license is so required, shall, upon conviction thereof, be fined not more than $500, or imprisoned not more than six months, or both, and each day such violation continues shall be deemed a <sidenote>Expiration of authority. Ante, p. 196.</sidenote> separate offense. Notwithstanding the provisions of section 2 (c), this subsection shall cease to be in effect at the expiration of one year after the date of enactment of this Act or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 has ended.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec</inline>. 5.</num><sidenote>Antitrust laws not applicable to codes, agreements, etc.</sidenote> <content class="inline"> While this title is in effect (or in the case of a license, while section 4 (a) is in effect) and for sixty days thereafter, any code, agreement, or license approved, prescribed, or issued and in effect under this title, and any action complying with the provisions thereof taken during such period, shall be exempt from the provisions of the antitrust laws of the United States. <sidenote>Businesses exempt. Limitations upon application of title.</sidenote> Nothing in this Act, and no regulation thereunder, shall prevent an individual from pursuing the vocation of manual labor and selling or trading the products thereof; nor shall anything in this Act, or regulation thereunder, prevent anyone from marketing or trading the produce of his farm. </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">limitations upon application of title</heading> <num value="6"><inline class="smallCaps">Sec</inline>. 6.</num><sidenote>Statements of trade, etc., associations before benefits to accrue.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">No trade or industrial association or group shall be eligible to receive the benefit of the provisions of this title until it files with the President a statement containing such information relating to the activities of the association or group as the President shall by regulation prescribe.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Rules and regulations.</sidenote> <content class="inline">The President is authorized to prescribe rules and regulations designed to insure that any organization availing itself of the benefits of this title shall be truly representative of the trade or industry or subdivision thereof represented by such organization. Any organization violating any such rule or regulation shall cease to be entitled to the benefits of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num><sidenote>Investigations by Federal Trade Commission.</sidenote> <content class="inline">Upon the request of the President, the Federal Trade Commission shall make such investigations as may be necessary to enable the President to carry out the provisions of this title, and for such purposes the Commission shall have all the powers vested in it with respect of investigations under the Federal Trade Commission Act, as amended.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="7"><inline class="smallCaps">Sec</inline>. 7.</num><sidenote>Conditions required in codes, agreements, and licenses.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">Every code of fair competition, agreement, and license approved, prescribed, or issued under this title shall contain the following conditions: (1) That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join any <page identifier="/us/stat/48/199">199</page> company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing; and (3) that employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>The President shall, so far as practicable, afford every opportunity <sidenote>Employer-employee wage and hours of work agreements.</sidenote> to employers and employees in any trade or industry or subdivision thereof with respect to which the conditions referred to in clauses (1) and (2) of subsection (a) prevail, to establish by mutual agreement, the standards as to the maximum hours of labor, minimum rates of pay, and such other conditions of employment as may be necessary in such trade or industry or subdivision thereof to effectuate the policy of this title; and the standards established in <sidenote>Effectiveness of approved agreements. Ante, p. 196.</sidenote> such agreements, when approved by the President, shall have the same effect as a code of fair competition, approved by the President under subsection (a) of section 3.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>Where no such mutual agreement has been approved by the <sidenote>Code authorized, when mutual agreement not approved.</sidenote> President he may investigate the labor practices, policies, wages, hours of labor, and conditions of employment in such trade or industry or subdivision thereof; and upon the basis of such investigations, and after such hearings as the President finds advisable, he is authorized to prescribe a limited code of fair competition fixing such maximum hours of labor, minimum rates of pay, and other conditions of employment in the trade or industry or subdivision thereof investigated as he finds to be necessary to effectuate the <sidenote>Effectiveness.</sidenote> policy of this title, which shall have the same effect as a code of fair competition approved by the President under subsection (a) of section 3. The President may differentiate according to experience and skill of the employees affected and according to the locality of employment; but no attempt shall be made to introduce any classification according to the nature of the work involved which might tend to set a maximum as well as a minimum wage.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>As used in this title, the term “person” includes any individual, <sidenote>Terms construed. “Person.” “Interstate and foreign commerce”; “interstate or foreign commerce.”</sidenote> partnership, association, trust, or corporation; and the terms “interstate and foreign commerce” and “interstate or foreign commerce” include, except where otherwise indicated, trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">application of agricultural adjustment act <sidenote>Application of Agricultural Adjustment Act.</sidenote></heading> <num value="8"><inline class="smallCaps">Sec</inline>. 8.</num> <subsection class="inline"> <num value="a">(a)</num> <content>This title shall not be construed to repeal or modify <sidenote>Provisions not repealed.</sidenote> any of the provisions of title I of the Act entitled “An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes”, approved May 12, 1933; and such title I of said Act approved May 12, 1933, may for all purposes be hereafter referred to as the <sidenote>Citation. Ante, p. 31.</sidenote> “Agricultural Adjustment Act.”</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>The President may, in his discretion, in order to avoid conflicts <sidenote>Delegation of functions authorized.</sidenote> in the administration of the Agricultural Adjustment Act and this title, delegate any of his functions and powers under this title <page identifier="/us/stat/48/200">200</page> with respect to trades, industries, or subdivisions thereof which are engaged in the handling of any agricultural commodity or product thereof, or of any competing commodity or product thereof, to the Secretary of Agriculture.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">oil regulation</heading><sidenote>Oil regulation.</sidenote> <num value="9"><inline class="smallCaps">Sec</inline>. 9.</num><sidenote>Regulation of oil-pipe lines. Executive Orders Nos. 6199, July 11, 1933; 6204, July 14, 1933. Transportation rates to be fixed.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">The President is further authorized to initiate before the Interstate Commerce Commission proceedings necessary to prescribe regulations to control the operations of oil pipe lines and to fix reasonable, compensatory rates for the transportation of petroleum and its products by pipe lines, and the Interstate Commerce Commission shall grant preference to the hearings and determination of such cases.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Transportation monopolies. Proceedings against.</sidenote> <content class="inline">The President is authorized to institute proceedings to divorce from any holding company any pipe-line company controlled by such holding company which pipe-line company by unfair practices or by exorbitant rates in the transportation of petroleum or its products tends to create a monopoly.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num><sidenote>Prohibition on transportation of oil in interstate, etc., commerce of quantity in excess of State, etc., limitation.</sidenote> <content class="inline">The President is authorized to prohibit the transportation in interstate and foreign commerce of petroleum and the products thereof produced or withdrawn from storage in excess of the amount <sidenote>Post, p. 1057.</sidenote>permitted to be produced or withdrawn from storage by any State law or valid regulation or order prescribed thereunder, by any board, commission, officer, or other duly authorized agency of a State. Any <sidenote>Penalty.</sidenote> violation of any order of the President issued under the provisions of this subsection shall be punishable by fine of not to exceed $1,000, or imprisonment for not to exceed six months, or both.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">rules and regulations</heading><sidenote>Rules and regulations.</sidenote> <num value="10"><inline class="smallCaps">Sec</inline>. 10.</num><sidenote>Prescribed by President.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">The President is authorized to prescribe such rules and regulations as may be necessary to carry out the purposes of this title, and fees for licenses and for filing codes of fair competition <sidenote>Penalty for violations.</sidenote> and agreements, and any violation of any such rule or regulation shall be punishable by fine of not to exceed $500, or imprisonment for not to exceed six months, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Amendment of orders.</sidenote> <content class="inline">The President may from time to time cancel or modify any order, approval, license, rule, or regulation issued under this title; and each agreement, code of fair competition, or license approved, prescribed, or issued under this title shall contain an express provision to that effect.</content> </subsection> </section> <num class="centered" value="II">TITLE II—</num> <heading class="inline"><sidenote><inline class="smallCaps">title ii—public works and construction projects.</inline></sidenote> PUBLIC WORKS AND CONSTRUCTION PROJECTS</heading> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">federal emergency administration of public works</heading> <num value="201"><inline class="smallCaps">Section</inline> 201.</num><sidenote>Federal Emergency Administration of Public Works.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">To effectuate the purposes of this title, the President is hereby authorized to create a Federal Emergency <sidenote>Establishment authorized.</sidenote> Administration of Public Works, all the powers of which shall be exercised by a Federal Emergency Administrator of Public Works <sidenote>Post, p. 351.</sidenote>(hereafter referred to as the “Administrator”), and to establish such agencies, to accept and utilize such voluntary and uncompensated <sidenote>Appointments.</sidenote> services, to appoint, without regard to the civil service laws, such officers and employees, and to utilize such Federal officers and employees, and, with the consent of the State, such State and local officers and employees as he may find necessary, to prescribe their <sidenote>Duties to be prescribed.</sidenote> authorities, duties, responsibilities, and tenure, and, without regard to the Classification Act of 1923, as amended, to fix the compensation of any officers and employees so appointed. The President may dele-<page identifier="/us/stat/48/201">201</page>gate any of his functions and powers under this title to such officers, agents, and employees as he may designate or appoint.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>The Administrator may, without regard to the civil service <sidenote>Appointment of experts.</sidenote> laws or the Classification Act of 1923, as amended, appoint and fix the compensation of such experts and such other officers and <sidenote>Compensation.</sidenote> employees as are necessary to carry out the provisions of this title; and may make such expenditures (including expenditures for <sidenote>Expenditures.</sidenote> personal services and rent at the seat of government and elsewhere, <sidenote>Printing and binding.</sidenote> for law books and books of reference, and for paper, printing and binding) as are necessary to carry out the provisions of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>All such compensation, expenses, and allowances shall be <sidenote>Funds available.</sidenote> paid out of funds made available by this Act.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>After the expiration of two years after the date of the enactment <sidenote>Termination of power.</sidenote> of this Act, or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 has ended, the President shall not make any further loans or grants or enter upon any new construction under this title, and any agencies established hereunder shall <sidenote>Transfer of agencies.</sidenote> cease to exist and any of their remaining functions shall be transferred to such departments of the Government as the President shall designate: <proviso> Provided, That he may issue funds to a borrower under <sidenote>Proviso. Issue of funds prior to January 23, 1939.</sidenote> this title prior to January 23, 1939, under the terms of any agreement, or any commitment to bid upon or purchase bonds, entered into with such borrower prior to the date of termination, under this section, of the power of the President to make loans.</proviso> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202.</num> <content>The Administrator, under the direction of the President, <sidenote>Program of public works to be prepared. Projects included.</sidenote> shall prepare a comprehensive program of public works, which shall include among other things the following: (a) Construction, repair, and improvement of public highways and park ways, public buildings, and any publicly owned instrumentalities and facilities; (b) conservation and development of natural resources, including control, utilization, and purification of waters, prevention of soil or coastal erosion, development of water power, transmission of electrical energy, and construction of river and harbor improvements and flood control and also the construction of any river or drainage improvement required to perform or satisfy any obligation incurred by the United States through a treaty with a foreign Government <sidenote>Construction under treaty obligations.</sidenote> heretofore ratified and to restore or develop for the use of any State or its citizens water taken from or denied to them by performance on the part of the United States of treaty obligations heretofore assumed: <proviso> Provided, That no river or harbor improvements shall be <sidenote>Provisos. River and harbor improvements.</sidenote> carried out unless they shall have heretofore or hereafter been adopted by the Congress or are recommended by the Chief of Engineers of the United States Army; (c) any projects of the character <sidenote>Approval required.</sidenote> heretofore constructed or carried on either directly by public authority or with public aid to serve the interests of the general public; (d) construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects; (e) any project (other than those included in the foregoing classes) of any character heretofore eligible for loans under subsection <sidenote>Vol. 47, p. 711.</sidenote> (a) of section 201 of the Emergency Relief and Construction Act of 1932, as amended, and paragraph (3) of such subsection (a) shall for such purposes be held to include loans for the construction or completion of hospitals the operation of which is partly financed from public funds, and of reservoirs and pumping plants and for the construction of dry docks; and if in the opinion of the President <sidenote>Construction of naval vessels.</sidenote> it seems desirable, the construction of naval vessels within the terms and/or limits established by the London Naval Treaty of 1930 and <sidenote>Vol. 46, p. 2858.</sidenote> of aircraft required therefor and construction of heavier-than-air <page identifier="/us/stat/48/202">202</page><sidenote>Aircraft.</sidenote> aircraft and technical construction for the Army Air Corps and <sidenote>Army housing projects, etc.</sidenote> such Army housing projects as the President may approve, and provision of original equipment for the mechanization or motorization of such Army tactical units as he may designate:</proviso> <proviso> Provided, <sidenote>Provisos. Suspension of naval and military construction.</sidenote> however, That in the event of an international agreement for the further limitation of armament, to which the United States is signatory, the President is hereby authorized and empowered to suspend, in whole or in part, any such naval or military construction or mechanization and motorization of Army units:</proviso> <proviso> Provided further, That this title shall not be applicable to public works under <sidenote>Construction under Architect of the Capitol.</sidenote> the jurisdiction or control of the Architect of the Capitol or of any commission or committee for which such Architect is the contracting and/or executive officer.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203.</num><sidenote>Unemployment relief.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">With a view to increasing employment quickly (while reasonably securing any loans made by the United States) the President <sidenote>Agencies to be created.</sidenote> is authorized and empowered, through the Administrator or through such other agencies as he may designate or create, (1) to construct, <sidenote>Construction of public works project.</sidenote> finance, or aid in the construction or financing of any public-works project included in the program prepared pursuant to section 202; (2) upon such terms as the President shall prescribe, to make <sidenote>Grants to States.</sidenote> grants to States, municipalities, or other public bodies for the construction, repair, or improvement of any such project, but no such <sidenote>Limit.</sidenote> grant shall be in excess of 30 per centum of the cost of the labor and <sidenote>Acquisition of property.</sidenote>materials employed upon such project; (3) to acquire by purchase, or by exercise of the power of eminent domain, any real or personal property in connection with the construction of any such project, <sidenote>Sales.</sidenote> and to sell any security acquired or any property so constructed or acquired or to lease any such property with or without the privilege <sidenote>Provisos. Use of proceeds.</sidenote> of purchase: <proviso> Provided, That all moneys received from any such sale or lease or the repayment of any loan shall be used to retire obligations <sidenote>Post, p. 206.</sidenote> issued pursuant to section 209 of this Act, in addition to any <sidenote>Railroad maintenance.</sidenote> other moneys required to be used for such purpose; (4) to aid in the financing of such railroad maintenance and equipment as may be approved by the Interstate Commerce Commission as desirable for the improvement of transportation facilities; and (5) to advance, upon request of the Commission having jurisdiction of the project, the unappropriated balance of the sum authorized for carrying out the provisions of the Act entitled “An Act to provide for the <sidenote>Library of Congress. Annex construction. Vol. 46, p. 583.</sidenote> construction and equipment of an annex to the Library of Congress”, approved June 13, 1930 (46 Stat. 583); such advance to be expended under the direction of such Commission and in accordance <sidenote>Balance of State, etc., revenues and expenditures.</sidenote> with such Act:</proviso> <proviso> Provided, That in deciding to extend any aid or grant hereunder to any State, county, or municipality the President may consider whether action is in process or in good faith assured therein reasonably designed to bring the ordinary current expenditures thereof within the prudently estimated revenues thereof. The <sidenote>Applicability of provisions.</sidenote> provisions of this section and section 202 shall extend to public works in the several States, Hawaii, Alaska, the District of Columbia, Puerto Rico, the Canal Zone, and the Virgin Islands.</proviso> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Travel expenses.</sidenote> <content class="inline">All expenditures for authorized travel by officers and employees, including subsistence, required on account of any Federal public-works projects, shall be charged to the amounts allocated to such projects, notwithstanding any other provisions of law; and <sidenote>Personal services.</sidenote> there is authorized to be employed such personal services in the District of Columbia and elsewhere as may be required to be engaged upon such work and to be in addition to employees otherwise provided for, the compensation of such additional personal services to be a charge against the funds made available for such construction work.</content> </subsection> <page identifier="/us/stat/48/203">203</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>In the acquisition of any land or site for the purposes of <sidenote>Provisions applicable to site acquisitions for public buildings. Vol. 47, pp. 722, 724.</sidenote> Federal public buildings and in the construction of such buildings provided for in this title, the provisions contained in sections 305 and 306 of the Emergency Relief and Construction Act of 1932, as amended, shall apply.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>The President, in his discretion, and under such terms as <sidenote>Extension of benefits to States, etc.</sidenote> he may prescribe, may extend any of the benefits of this title to any State, county, or municipality notwithstanding any constitutional or legal restriction or limitation on the right or power of such State, county, or municipality to borrow money or incur indebtedness.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204.</num> <subsection class="inline"> <num value="a">(a)</num> <chapeau>For the purpose of providing for emergency construction <sidenote>Grants to State highway departments. Post, p. 993. Limit. Vol. 42, p. 212.</sidenote> of public highways and related projects, the President is authorized to make grants to the highway departments of the several States in an amount not less than $400,000,000, to be expended by such departments in accordance with the provisions of the Federal Highway Act, approved November 9, 1921, as amended and supplemented, except as provided in this title, as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1)</num> <content>For expenditure in emergency construction on the Federal <sidenote>Emergency construction on Federal aid highway systems. Apportionment of amount. Post, pp. 996, 1057.</sidenote> aid highway system and extensions thereof into and through municipalities. The amount apportioned to any State under this paragraph may be used to pay all or any part of the cost of surveys, plans, and of highway and bridge construction including the elimination of hazards to highway traffic, such as the separation of grades at crossing, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate railroad crossings, the widening of narrow bridges and roadways, the building of footpaths, the replacement of unsafe bridges, the construction of routes to avoid congested areas, the construction of facilities to improve accessibility and the free flow of traffic, and the cost of any other construction that will provide safer traffic facilities or definitely eliminate existing hazards to pedestrian or vehicular traffic. No <sidenote>Use of funds for land acquisitions, etc., denied.</sidenote> funds made available by this title shall be used for the acquisition of any land, right of way, or easement in connection with any railroad grade elimination project.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2)</num> <content>For expenditure in emergency construction on secondary or <sidenote>Emergency construction feeder roads.</sidenote> feeder roads to be agreed upon by the State highway departments and the Secretary of Agriculture: <proviso> Provided, That the State or <sidenote>Proviso. Maintenance to be provided. Availability of funds.</sidenote> responsible political subdivision shall provide for the proper maintenance of said roads. Such grants shall be available for payment of the full cost of surveys, plans, improvement, and construction of secondary or feeder roads, on which projects shall be submitted by the State highway department and approved by the Secretary of Agriculture.</proviso> </content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Any amounts allocated by the President for grants under <sidenote>Apportionment of funds among States.</sidenote> subsection (a) of this section shall be apportioned among the several States seven-eighths in accordance with the provisions of section <sidenote>Vol. 42, p. 217.</sidenote> 21 of the Federal Highway Act, approved November 9, 1921, as amended and supplemented (which Act is hereby further amended <sidenote>Amended to include the District of Columbia.</sidenote> for the purposes of this title to include the District of Columbia), and one-eighth in the ratio which the population of each State bears to the total population of the United States, according to the latest decennial census and shall be available on July 1, 1933, and shall remain available until expended; but no part of the funds <sidenote>Matching of funds by States not required.</sidenote> apportioned to any State need be matched by the State, and such funds may also be used in lieu of State funds to match unobligated balances of previous apportionments of regular Federal-aid appropriations.</content> </subsection> <page identifier="/us/stat/48/204">204</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num><sidenote>Provisions of contracts involving expenditure of funds.</sidenote> <content class="inline">All contracts involving the expenditure of such grants shall contain provisions establishing minimum rates of wages, to be predetermined by the State highway department, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals for bids for the work.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num><sidenote>Limitations of Federal Highway Act not applicable.</sidenote> <content class="inline">In the expenditure of such amounts, the limitations in the Federal Highway Act, approved November 9, 1921, as amended and supplemented, upon highway construction, reconstruction, and bridges within municipalities and upon payments per mile which may be made from Federal funds, shall not apply.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num><sidenote>Terms construed. “State.” “Highway.” Vol. 42, p. 212.</sidenote> <content class="inline">As used in this section the term “State” includes the Territory of Hawaii and the District of Columbia. The term “highway” as defined in the Federal Highway Act approved November 9, 1921, as amended and supplemented, for the purposes of this section, shall be deemed to include such main parkways as may be designated by the State and approved by the Secretary of Agriculture as part of the Federal-aid highway system.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f)</num><sidenote>Agreement for rights of way over Federal property.</sidenote> <content class="inline">Whenever, in connection with the construction of any highway project under this section or section 202 of this Act, it is necessary to acquire rights of way over or through any property or tracts of land owned and controlled by the Government of the United States, it shall be the duty of the proper official of the Government of the United States having control of such property or tracts of land with <sidenote>Approval of President and Attorney General.</sidenote> the approval of the President and the Attorney General of the United States, and without any expense whatsoever to the United States, to perform any acts and to execute any agreements necessary to grant the rights of way so required, but if at any time the land <sidenote>Reversion for non-user.</sidenote> or the property the subject of the agreement shall cease to be used for the purposes of the highway, the title in and the jurisdiction over the land or property shall automatically revert to the Government of the United States and the agreement shall so provide.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g)</num><sidenote>Tolls. Vol. 42, p. 214. Collection of, authorized.</sidenote> <content class="inline">Hereafter in the administration of the Federal Highway Act, and Acts amendatory thereof or supplementary thereto, the first paragraph of section 9 of said Act shall not apply to publicly owned toll bridges or approaches thereto, operated by the highway department <sidenote>Condition.</sidenote> of any State, subject, however, to the condition that all tolls <sidenote>Tolls to be applied to repayment of construction costs.</sidenote>received from the operation of any such bridge, less the actual cost of operation and maintenance, shall be applied to the repayment of the cost of its construction or acquisition, and when the cost of its construction or acquisition shall have been repaid in full, such bridge thereafter shall be maintained and operated as a free bridge.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205.</num><sidenote>Amount available for national forest highways, trails, etc.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">Not less than $50,000,000 of the amount made available by this Act shall be allotted for (A) national forest highways, (B) national forest roads, trails, bridges, and related projects, (C) <sidenote>National park roads. Roads on Indian reservations. Through public lands. Expenditures. Vol. 47, p. 717.</sidenote> national park roads and trails in national parks owned or authorized, (D) roads on Indian reservations, and (E) roads through public lands, to be expended in the same manner as provided in paragraph (2) of section 301 of the Emergency Relief and Construction Act of 1932, in the case of appropriations allocated for such purposes, respectively, in such section 301, to remain available until expended.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Construction, Territories and Insular possessions.</sidenote> <content class="inline">The President may also allot funds made available by this Act for the construction, repair, and improvement of public highways in Alaska, the Canal Zone, Puerto Rico, and the Virgin Islands.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206.</num><sidenote>Contract provisions.</sidenote> <content class="inline">All contracts let for construction projects and all loans and grants pursuant to this title shall contain such provisions <sidenote>Convict labor.</sidenote> as are necessary to insure (1) that no convict labor shall be employed <sidenote>Thirty-hour week.</sidenote>on any such project; (2) that (except in executive, administrative, <page identifier="/us/stat/48/205">205</page> and supervisory positions), so far as practicable and feasible, no individual directly employed on any such project shall be permitted to work more than thirty hours in any one week; (3) that all employees <sidenote>Wage scales.</sidenote> shall be paid just and reasonable wages which shall be compensation sufficient to provide, for the hours of labor as limited, a standard of living in decency and comfort; (4) that in the employment <sidenote>Preferences.</sidenote> of labor in connection with any such project, preference shall be given, where they are qualified, to ex-service men with dependents, and then in the following order: (A) To citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the political subdivision and/or county in which the work is to be performed, and (B) to citizens of the United States and aliens who have declared their intention of becoming citizens, who are bona fide residents of the State, Territory, or district in which the work is to be performed: <proviso> Provided, That these <sidenote>Proviso. When preferences applicable.</sidenote> preferences shall apply only where such labor is available and qualified to perform the work to which the employment relates; and (5) that the maximum of human labor shall be used in lieu of <sidenote>Use of human labor.</sidenote> machinery wherever practicable and consistent with sound economy and public advantage.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207.</num> <subsection class="inline"> <num value="a">(a)</num> <content>For the purpose of expediting the actual construction <sidenote>Assignments by contractor authorized.</sidenote> of public works contemplated by this title and to provide a means of financial assistance to persons under contract with the United States to perform such construction, the President is authorized and empowered, through the Administrator or through such other agencies as he may designate or create, to approve any assignment <sidenote>Approval required.</sidenote> executed by any such contractor, with the written consent of <sidenote>Consent of sureties.</sidenote>the surety or sureties upon the penal bond executed in connection with his contract, to any national or State bank, or his claim against the United States, or any part of such claim, under such contract; and any assignment so approved shall be valid for all purposes, notwithstanding <sidenote><ref href="/us/rs/s3477/3737/pp689/737">R.S., secs. 3477, 3737, pp. 689, 737</ref>. <ref href="/us/usc/pp987/1310">U.S.C., pp. 987, 1310</ref>.</sidenote> the provisions of sections 3737 and 3477 of the Revised Statutes, as amended.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>The funds received by a contractor under any advances made <sidenote>Funds received in consideration of assignment to be trust funds.</sidenote> in consideration of any such assignment are hereby declared to be trust funds in the hands of such contractor to be first applied to the payment of claims of subcontractors, architects, engineers, surveyors, laborers, and material men in connection with the project, to the payment of premiums on the penal bond or bonds, and premiums accruing during the construction of such project on insurance policies taken in connection therewith. Any contractor and <sidenote>Penalty for misapplication.</sidenote> any officer, director, or agent of any such contractor, who applies, or consents to the application of, such funds for any other purpose and fails to pay any claim or premium hereinbefore mentioned, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>Nothing in this section shall be considered as imposing upon <sidenote>Assignee not liable.</sidenote> the assignee any obligation to see to the proper application of the funds advanced by the assignee in consideration of such assignment.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">subsistence homesteads <sidenote>Subsistence homesteads. Executive Order number 6209, July 21, 1933. Loans for purchase of, authorized. Amount available.</sidenote></heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208.</num> <content>To provide for aiding the redistribution of the overbalance of population in industrial centers $25,000,000 is hereby made available to the President, to be used by him through such agencies as he may establish and under such regulations as he may make, for making loans for and otherwise aiding in the purchase of subsistence homesteads. The moneys collected as repayment of said loans shall <sidenote>Repayments to constitute revolving fund.</sidenote> <page identifier="/us/stat/48/206">206</page> constitute a revolving fund to be administered as directed by the President for the purposes of this section.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">rules and regulations</heading> <num value="209"><inline class="smallCaps">Sec</inline>. 209.</num><sidenote>Rules and regulations to be prescribed. Penalty for violations.</sidenote> <content class="inline">The President is authorized to prescribe such rules and regulations as may be necessary to carry out the purposes of this title, and any violation of any such rule or regulation shall be punishable by fine of not to exceed $500 or imprisonment not to exceed six months, or both.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">issue of securities and sinking fund</heading><sidenote>Issue of securities and sinking fund.</sidenote> <num value="210"><inline class="smallCaps">Sec</inline>. 210.</num><sidenote>Power of Secretary of Treasury to borrow. Vol. 40, p. 288.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">The Secretary of the Treasury is authorized to borrow, from time to time, under the Second Liberty Bond Act, as amended, such amounts as may be necessary to meet the expenditures authorized by this Act, or to refund any obligations previously issued under this section, and to issue therefor bonds, notes, certificates of indebtedness, or Treasury bills of the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Additional amount annually appropriated. Vol. 40, p. 1311.</sidenote> <content class="inline">For each fiscal year beginning with the fiscal year 1934 there is hereby appropriated, in addition to and as part of, the cumulative sinking fund provided by section 6 of the Victory Liberty Loan Act, as amended, out of any money in the Treasury not otherwise appropriated, for the purpose of such fund, an amount equal to 2½ per centum of the aggregate amount of the expenditures made out of appropriations made or authorized under this Act as determined by the Secretary of the Treasury.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">reemployment and relief taxes</heading><sidenote>Reemployment and relief taxes.</sidenote> <num value="211"><inline class="smallCaps">Sec</inline>. 211.</num><sidenote>Revenue Act of 1932. Vol. 47, p. 266. Gasoline tax.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">Effective as of the day following the date of the enactment of this Act, section 617 (a) of the Revenue Act of 1932 is amended by striking out “<quotedText>1 cent</quotedText>” and inserting in lieu thereof “<quotedText>1½ cents</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Terms construed. “Benzol.”</sidenote> <content class="inline">Effective as of the day following the date of the enactment of this Act, section 617 (c) (2) of such Act is amended by adding at the end thereof a new sentence to read as follows: “<quotedText>As used in this paragraph the term ‘benzol’ does not include benzol sold for use otherwise than as a fuel for the propulsion of motor vehicles, motor boats, or airplanes, and otherwise than in the manufacture or production of such fuel.</quotedText>”</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="212"><inline class="smallCaps">Sec</inline>. 212.</num><sidenote>Title IV—Manufacturers’ excise tax. Vol. 47, p. 259. Title V—Miscellaneous taxes. Vol. 47, p. 270.</sidenote> <content class="inline">Titles IV and V of the Revenue Act of 1932 are amended by striking out “<quotedText>1934</quotedText>” wherever appearing therein and by inserting in lieu thereof “<quotedText>1935</quotedText>”. Section 761 of the Revenue Act of 1932 is further amended by striking out “<quotedText>and on July 1, 1933</quotedText>” and inserting in lieu thereof “<quotedText>and on July 1, 1933, and on July 1, 1934,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="213"><inline class="smallCaps">Sec</inline>. 213.</num><sidenote>Tax on dividends. Vol. 47, p. 178.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">There is hereby imposed upon the receipt of dividends (required to be included in the gross income of the recipient under the provisions of the Revenue Act of 1932) by any person other than a domestic corporation, an excise tax equal to 5 per centum of the amount thereof, such tax to be deducted and withheld from such dividends by the payor corporation. The tax imposed by this section shall not apply to dividends declared before the date of the enactment of this Act.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Returns of withholding corporation.</sidenote> <content class="inline">Every corporation required to deduct and withhold any tax under this section shall, on or before the last day of the month following the payment of the dividend, make return thereof and pay the tax to the collector of the district in which its principal place of business is located, or, if it has no principal place of business in the United States, to the collector at Baltimore, Maryland.</content> </subsection> <page identifier="/us/stat/48/207">207</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>Every such corporation is hereby made liable for such tax <sidenote>Liability of corporation.</sidenote> and is hereby indemnified against the claims and demands of any person for the amount of any payment made in accordance with the provisions of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>The provisions of sections 115, 771 to 774, inclusive, and 1111 <sidenote>Provisions of Revenue Act of 1932, applicable. Vol. 47, pp. 203, 277, 289.</sidenote> of the Revenue Act of 1932 shall be applicable with respect to the tax imposed by this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num> <content>The taxes imposed by this section shall not apply to the dividends <sidenote>Dividends not taxed. Vol. 47, p. 193. Vol. 47, p. 195.</sidenote> of any corporation enumerated in section 103 of the Revenue Act of 1932.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="214"><inline class="smallCaps">Sec</inline>. 214.</num> <content>Section 104 of the Revenue Act of 1932 is amended by <sidenote>Accumulation of surplus to evade any internal-revenue tax. Vol. 47, p. 177.</sidenote> striking out the words “<quotedText>the surtax</quotedText>” wherever occurring in such section and inserting in lieu thereof “<quotedText>any internal-revenue tax.</quotedText>” The heading of such section is amended by striking out “<quotedText>surtaxes</quotedText>” and inserting in lieu thereof “<quotedText>internal-revenue taxes.</quotedText>” Section 13(c) of such Act is amended by striking out “<quotedText>surtax</quotedText>” and inserting in lieu thereof “<quotedText>internal-revenue tax.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="215"><inline class="smallCaps">Sec</inline>. 215.</num> <subsection class="inline"> <num value="a">(a)</num> <content>For each year ending June 30 there is hereby imposed <sidenote>Tax on domestic corporations.</sidenote> upon every domestic corporation with respect to carrying on or doing business for any part of such year an excise tax of $1 <sidenote>Post, p. 771.</sidenote> for each $1,000 of the adjusted declared value of its capital stock.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>For each year ending June 30 there is hereby imposed upon <sidenote>Foreign corporations.</sidenote> every foreign corporation with respect to carrying on or doing business in the United States for any part of such year an excise tax equivalent to $1 for each $1,000 of the adjusted declared value of capital employed in the transaction of its business in the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <chapeau>The taxes imposed by this section shall not apply— <sidenote>Corporations to which not applicable. Vol. 47, p. 193.</sidenote> </chapeau> <paragraph class="indentUp1 firstIndent1 fontsize10"> <num value="1">(1)</num> <content>to any corporation enumerated in section 103 of the Revenue Act of 1932;</content> </paragraph> <paragraph class="indentUp1 firstIndent1 fontsize10"> <num value="2">(2)</num> <content>to any insurance company subject to the tax imposed by <sidenote>Vol. 47, pp. 223, 225.</sidenote> section 201 or 204 of such Act;</content> </paragraph> <paragraph class="indentUp1 firstIndent1 fontsize10"> <num value="3">(3)</num> <content>to any domestic corporation in respect of the year ending June 30, 1933, if it did not carry on or do business during a part of the period from the date of the enactment of this Act to June 30, 1933, both dates inclusive; or</content> </paragraph> <paragraph class="indentUp1 firstIndent1 fontsize10"> <num value="4">(4)</num> <content>to any foreign corporation in respect of the year ending June 30, 1933, if it did not carry on or do business in the United States during a part of the period from the date of the enactment of this Act to June 30, 1933, both dates inclusive.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>Every corporation liable for tax under this section shall make <sidenote>Returns of corporations.</sidenote> a return under oath within one month after the close of the year with respect to which such tax is imposed to the collector for the district in which is located its principal place of business or, if it has no principal place of business in the United States, then to the collector at Baltimore, Maryland. Such return shall contain such <sidenote>Contents.</sidenote> information and be made in such manner as the Commissioner with the approval of the Secretary may by regulations prescribe. The <sidenote>When tax payable.</sidenote> tax shall, without assessment by the Commissioner or notice from the collector, be due and payable to the collector before the expiration of the period for filing the return. If the tax is not paid when <sidenote>Interest rate, if not paid when due.</sidenote> due, there shall be added as part of the tax interest at the rate of 1 per centum a month from the time when the tax became due until paid. All provisions of law (including penalties) applicable in <sidenote>Penalty provisions. Vol. 44, p. 93.</sidenote> respect of the taxes imposed by section 600 of the Revenue Act of 1926 shall, in so far as not inconsistent with this section, be applicable in respect of the taxes imposed by this section. The Commissioner <sidenote>Extension of time for making returns.</sidenote> may extend the time for making the returns and paying the taxes <page identifier="/us/stat/48/208">208</page><sidenote>Limit.</sidenote> imposed by this section, under such rules and regulations as he may prescribe with the approval of the Secretary, but no such extension shall be for more than sixty days.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num><sidenote>Inspection of returns.</sidenote> <content class="inline">Returns required to be filed for the purpose of the tax imposed by this section shall be open to inspection in the same manner, to <sidenote>Vol. 44, p. 10.</sidenote> the same extent, and subject to the same provisions of law, including penalties, as returns made under title II of the Revenue Act of 1926.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f)</num><sidenote>Adjusted declared value. Computation of, first year.</sidenote> <content class="inline">For the first year ending June 30 in respect of which a tax is imposed by this section upon any corporation, the adjusted declared value shall be the value, as declared by the corporation in its first return under this section (which declaration of value cannot be amended), as of the close of its last income-tax taxable year ending at or prior to the close of the year for which the tax is imposed by this section (or as of the date of organization in the case of a corporation having no income-tax taxable year ending at or prior to the close of the year for which the tax is imposed by this section). For <sidenote>Subsequent years. Domestic corporation.</sidenote> any subsequent year ending June 30, the adjusted declared value in the case of a domestic corporation shall be the original declared value plus (1) the cash and fair market value of property paid in for stock or shares, (2) paid-in surplus and contributions to capital, and (3) earnings and profits, and minus (A) the value of property distributed in liquidation to shareholders, (B) distributions of earnings and profits, and (C) deficits, whether operating or nonoperating; each adjustment being made for the period from the date as of which the original declared value was declared to the close of its last income-tax taxable year ending at or prior to the close of the year for which the tax is imposed by this section. For any subsequent <sidenote>Adjusted declared value, foreign corporations.</sidenote> year ending June 30, the adjusted declared value in the case of a foreign corporation shall be the original declared value adjusted, in accordance with regulations prescribed by the Commissioner with the approval of the Secretary, to reflect increases or decreases (for the period specified in the preceding sentence) in the capital employed in the transaction of its business in the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g)</num><sidenote>Meaning of terms.</sidenote> <content class="inline">The terms used in this section shall have the same meaning as when used in the Revenue Act of 1932.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="216"><inline class="smallCaps">Sec</inline>. 216.</num><sidenote>Tax on net income of corporations. Computation of.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">There is hereby imposed upon the net income of every corporation, for each income-tax taxable year ending after <sidenote>Post, p. 771.</sidenote>the close of the first year in respect of which it is taxable under section 215, an excess-profits tax equivalent to 5 per centum of such portion of its net income for such income-tax taxable year as is in excess of 12½ per centum of the adjusted declared value of its capital stock (or in the case of a foreign corporation the adjusted declared value of capital employed in the transaction of its business in the United States) as of the close of the preceding income-tax <sidenote>Ante, p. 207.</sidenote> taxable year (or as of the date of organization if it had no preceding <sidenote>Meaning of terms.</sidenote>income-tax taxable year) determined as provided in section 215. The terms used in this section shall have the same meaning as when used in the Revenue Act of 1932.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Assessment and collection of taxes. Vol. 47, p. 173.</sidenote> <content class="inline">The tax imposed by this section shall be assessed, collected, and paid in the same manner, and shall be subject to the same provisions of law (including penalties), as the taxes imposed by title I of the Revenue Act of 1932.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="217"><inline class="smallCaps">Sec</inline>. 217.</num><sidenote>Proclamations. Revenues of United States exceed expenditures. Post, p. 1720.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <chapeau class="inline">The President shall proclaim the date of—</chapeau> <paragraph class="indentUp1 firstIndent1 fontsize10"> <num value="1">(1)</num> <content>the close of the first fiscal year ending June 30 of any year after the year 1933, during which the total receipts of the United States (excluding public-debt receipts) exceed its total expenditures (excluding public-debt expenditures other than those chargeable against such receipts), or</content> </paragraph> <page identifier="/us/stat/48/209">209</page> <paragraph class="indentUp1 firstIndent1 fontsize10"> <num value="2">(2)</num> <content>the repeal of the eighteenth amendment to the Constitution, <sidenote>Repeal of eighteenth amendment. Post, p. 1720.</sidenote> </content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">whichever is the earlier.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Effective as of the 1st day of the calendar year following the <sidenote>Tax reductions. Vol. 47, p. 266.</sidenote> date so proclaimed section 617(a) of the Revenue Act of 1932, as amended, is amended by striking out “<quotedText>1½ cents</quotedText>” and inserting in lieu thereof “<quotedText>1 cent</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>The tax on dividends imposed by section 213 shall not apply <sidenote>Ante, p. 206.</sidenote> to any dividends declared on or after the 1st day of the calendar year following the date so proclaimed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>The capital-stock tax imposed by section 215 shall not apply <sidenote>Ante, p. 207; post, p. 771.</sidenote> to any taxpayer in respect of any year beginning on or after the 1st day of July following the date so proclaimed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num> <content>The excess-profits tax imposed by section 216 shall not apply <sidenote>Ante, p. 208; post, p. 771.</sidenote> to any taxpayer in respect of any taxable year after its taxable year during which the date so proclaimed occurs.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="218"><inline class="smallCaps">Sec</inline>. 218.</num> <subsection class="inline"> <num value="a">(a)</num> <content>Effective as of January 1, 1933, sections 117, 23(i), <sidenote>Sections repealed. Vol. 47, pp. 180, 207, 222, 223, 227.</sidenote> 169, 187, and 205 of the Revenue Act of 1932 are repealed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Effective as of January 1, 1933, section 23(r) (2) of the Revenue <sidenote>Vol. 47, p. 183.</sidenote> Act of 1932 is repealed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>Effective as of January 1, 1933, section 23(r) (3) of the Revenue <sidenote>Section amended. Vol. 47, p. 183.</sidenote> Act of 1932 is amended by striking out all after the word “<quotedText>Territory</quotedText>” and inserting a period.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>Effective as of January 1, 1933, section 182(a) of the Revenue <sidenote>Vol. 47, p. 222.</sidenote> Act of 1932 is amended by inserting at the end thereof a new sentence as follows: “<quotedText>No part of any loss disallowed to a partnership as a deduction by section 23 (r) shall be allowed as a deduction to a <sidenote>Vol. 47, p. 183.</sidenote> member of such partnership in computing net income.</quotedText>”</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num> <content>Effective as of January 1, 1933, section 141(c) of the Revenue <sidenote>Vol. 47, p. 213. Consolidated returns of corporations.</sidenote> Act of 1932 is amended by striking out “<quotedText>except that for the taxable years 1932 and 1933 there shall be added to the rate of tax prescribed by sections 13(a), 201(b), and 204(a), a rate of three fourths of 1 per centum</quotedText>” and inserting in lieu thereof the following: “<quotedText>except that for the taxable years 1932 and 1933 there shall be added to the rate of tax prescribed by sections 13(a), 201 (b), and 204(a), a rate of three fourths of 1 per centum and except that for the taxable years 1934 and 1935 there shall be added to the rate of tax prescribed by sections 13(a), 201(b), and 204(a), a rate of 1 per centum</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f)</num> <content>No interest shall be assessed or collected for any period prior <sidenote>Assessment, etc., of interest prior to September 15, 1933.</sidenote> to September 15, 1933, upon such portion of any amount determined as a deficiency in income taxes as is attributable solely to the amendments made to the Revenue Act of 1932 by this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g)</num> <content>In cases where the effect of this section is to require for a <sidenote>Time for making return hereunder.</sidenote> taxable year ending prior to June 30, 1933, the making of an income-tax return not otherwise required by law, the time for making the return and paying the tax shall be the same as if the return was for a fiscal year ending June 30, 1933.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h)</num> <content>Section 55 of the Revenue Act of 1932 is amended by inserting <sidenote>Revenue Act of 1932, amendment. Vol. 47, p. 189. Inspection of returns.</sidenote> before the period at the end thereof a semicolon and the following: “<quotedText>and all returns made under this Act after the date of enactment of the National Industrial Recovery Act shall constitute public records and shall be open to public examination and inspection to such extent as shall be authorized in rules and regulations promulgated by the President</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="219"><inline class="smallCaps">Sec</inline>. 219.</num> <content>Section 500 (a) (1) of the Revenue Act of 1926, as <sidenote>Vol. 44, p. 91; Vol. 45, p. 863. Tax on admissions and dues.</sidenote> amended, is amended by striking out the period at the end of the second sentence thereof and inserting in lieu thereof a comma and the following: “<quotedText>except that no tax shall be imposed in the case of persons admitted free to any spoken play (not a mechanical repro-<page identifier="/us/stat/48/210">210</page>duction), whether or not set to music or with musical parts or accompaniments, which is a consecutive narrative interpreted by a single set of characters, all necessary to the development of the plot, in two or more acts, the performance consuming more than 1 hour and 45 minutes of time.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">appropriation</heading> <num value="220"><inline class="smallCaps">Sec</inline>. 220.</num><sidenote>Appropriations. Post, pp. 275, 1055.</sidenote> <content class="inline">For the purposes of this Act, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise <sidenote>Amount.</sidenote> appropriated, the sum of $3,300,000,000. The President is authorized <sidenote>Allocation.</sidenote>to allocate so much of said sum, not in excess of $100,000,000, as he may determine to be necessary for expenditures in carrying out the Agricultural Adjustment Act and the purposes, powers, and functions heretofore and hereafter conferred upon the Farm Credit Administration.</content> </section> <section class="firstIndent1 fontsize10"> <num value="221"><inline class="smallCaps">Sec</inline>. 221.</num><sidenote>Agricultural Adjustment Act. Ante, p. 34.</sidenote> <content class="inline">Section 7 of the Agricultural Adjustment Act, approved May 12, 1933, is amended by striking out all of its present terms and provisions and substituting therefor the following: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="7">“<inline class="smallCaps">Sec</inline>. 7.</num><sidenote>Cotton sales. Provisos. Total disposition by March 1, 1936.</sidenote> <content class="inline"> The Secretary shall sell the cotton held by him at his discretion, but subject to the foregoing provisions: <proviso> Provided, That he shall dispose of all cotton held by him by March 1, 1936:</proviso> <proviso> Provided <sidenote>Option contracts of sale authorized.</sidenote> further, That notwithstanding the provisions of section 6, the Secretary shall have authority to enter into option contracts with producers of cotton to sell to the producers such cotton held by him, in such amounts and at such prices and upon such terms and conditions as the Secretary may deem advisable, in combination with rental or benefit payments provided for in part 2 of this title.</proviso> <sidenote>Information pertaining to administration of Act.</sidenote> “Notwithstanding any provisions of existing law, the Secretary of Agriculture may in the administration of the Agricultural Adjustment Act make public such information as he deems necessary in order to effectuate the purposes of such Act.” </content> </section> </quotedContent> </content> </section> <num class="centered" value="III">TITLE III—</num> <heading class="inline"><sidenote><inline class="smallCaps">title iii—amendments to emergency relief and construction act—miscellaneous provisions.</inline></sidenote> AMENDMENTS TO EMERGENCY RELIEF AND CONSTRUCTION ACT AND MISCELLANEOUS PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Section</inline> 301.</num><sidenote>Applications for loans to Reconstruction Finance Corporation. Vol. 47, p. 711. Administrator to have access to files, etc. Post, p. 1110.</sidenote> <content class="inline">After the expiration of ten days after the date upon which the Administrator has qualified and taken office, (1) no application shall be approved by the Reconstruction Finance Corporation under the provisions of subsection (a) of section 201 of the Emergency Relief and Construction Act of 1932, as amended, and (2) the Administrator shall have access to all applications, files, and records of the Reconstruction Finance Corporation relating to loans and contracts and the administration of funds under such subsection: <sidenote>Proviso. Issue of funds to borrower.</sidenote> <proviso> Provided, That the Reconstruction Finance Corporation may issue funds to a borrower under such subsection (a) prior to January 23, 1939, under the terms of any agreement or any commitment to bid upon or purchase bonds entered into with such borrower pursuant to an application approved prior to the date of termination, under this section, of the power of the Reconstruction Finance Corporation to approve applications.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">decrease of borrowing power of reconstruction finance corporation</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302.</num><sidenote>Decrease of borrowing power of Reconstruction Finance Corporation. Vol. 47, p. 9.</sidenote> <content class="inline">The amount of notes, debentures, bonds, or other such obligations which the Reconstruction Finance Corporation is authorized and empowered under section 9 of the Reconstruction Finance Corporation Act, as amended, to have outstanding at any one time is decreased by $400,000,000.</content> </section> <page identifier="/us/stat/48/211">211</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">separability clause</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303.</num> <content>If any provision of this Act, or the application thereof <sidenote>Separability clause.</sidenote> to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">short title</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304.</num> <content>This Act may be cited as the “<shortTitle role="act">National Industrial <sidenote>Short title.</sidenote> Recovery Act.</shortTitle>”</content> </section> Approved, June 16, 1933, 11:55 a.m.

To relieve the existing national emergency in relation to interstate railroad transportation, and to amend sections 5, 15a, and 19a of the Interstate Commerce Act, as amended. Chapter 91 48 Stat. 211 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 91.]

AN ACT To relieve the existing national emergency in relation to interstate railroad transportation, and to amend sections 5, 15a, and 19a of the Interstate Commerce Act, as amended.

June 16, 1933.

[S. 1580.]

[Public, No. 68.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That this Act may

Emergency Railroad Transportation Act, 1933.

be cited as the “Emergency Railroad Transportation Act, 1933.”

<num class="centered" value="I">TITLE I—</num> <heading class="inline">EMERGENCY POWERS <sidenote><inline class="smallCaps">title i—</inline>Emergency powers.</sidenote></heading> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Section</inline> 1.</num> <chapeau>As used in this title— <sidenote>Definitions.</sidenote> </chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a)</num> <content>The term “Commission” means the Interstate Commerce <sidenote>“Commission.”</sidenote> Commission.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>The term “Coordinator” means the Federal Coordinator of <sidenote>“Coordinator.”</sidenote> Transportation hereinafter provided for.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>The term “committee” means any one of the regional coordinating <sidenote>"Committee.”</sidenote> committees hereinafter provided for.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>The term “carrier” means any common carrier by railroad <sidenote>“Carrier.”</sidenote> subject to the provisions of the Interstate Commerce Act, as amended, including any receiver or trustee thereof.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num> <content>The term “subsidiary” means any company which is directly <sidenote>“Subsidiary.”</sidenote> or indirectly controlled by, or affiliated with, any carrier or carriers. For the purpose of the foregoing definition a company shall be deemed to be affiliated with a carrier if so affiliated within the meaning of paragraph (8) of section 5 of the Interstate Commerce Act, as amended by this Act.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f)</num> <content>The term “employee” includes every person in the service of <sidenote>“Employee.”</sidenote> a carrier (subject to its continuing authority to supervise and direct the manner of rendition of his service) who performs any work defined as that of an employee or subordinate official in accordance with the provisions of the Railway Labor Act.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g)</num> <content>The term “State commission” means the commission, board, <sidenote>“State commission.”</sidenote> or official, by whatever name designated, exercising power to regulate the rates or service of common carriers by railroad under the laws of any State.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2.</num> <content>In order to foster and protect interstate commerce in relation <sidenote>Objects of title declared.</sidenote> to railroad transportation by preventing and relieving obstructions and burdens thereon resulting from the present acute economic emergency, and in order to safeguard and maintain an adequate national system of transportation, there is hereby created the office <sidenote>Office of Federal Coordinator of Transportation; created.</sidenote> of Federal Coordinator of Transportation, who shall be appointed by the President, by and with the advice and consent of the Senate, or be designated by the President from the membership of the Commission. If so designated, the Coordinator shall be relieved from other duties as Commissioner during his term of service to such extent as the <page identifier="/us/stat/48/212">212</page><sidenote>Not to serve on Commission of review.</sidenote> President may direct; except that the Coordinator shall not sit as a member of the Commission in any proceedings for the review or suspension <sidenote>Powers and duties of Coordinator.</sidenote> of any order issued by him as Coordinator. The Coordinator shall have such powers and duties as are hereinafter set forth and prescribed, and may, with the approval of the President, and without <sidenote>Appointment of assistants.</sidenote> regard to the civil service laws and the Classification Act of 1923, as amended, appoint and fix the compensation of such assistants and agents, in addition to the assistance provided by the Commission, as may be necessary to the performance of his duties under this <sidenote>Location, etc., of office.</sidenote> Act. The office of the Coordinator shall be in Washington, District of Columbia, and the Commission shall provide such office space, facilities, and assistance as he may request and it is able to furnish. <sidenote>Compensation; restriction.</sidenote> The Coordinator shall receive such compensation as the President shall fix, except that if designated from the Commission, he shall receive no compensation in addition to that which he receives as a member of the Commission.</content> </section> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3.</num><sidenote>Coordinator to divide carriers into three regional groups. Post, p. 974.</sidenote> <content class="inline">The Coordinator shall divide the lines of the carriers into three groups, to wit, an eastern group, a southern group, and a western group, and may from time to time make such changes or subdivisions in such groups as he may deem to be necessary or desirable. At the earliest practicable date after the Coordinator <sidenote>Regional coordinating committees to be created. Membership.</sidenote> shall have initially designated such groups, three regional coordinating committees shall be created, one for each group, and each committee shall consist of five regular members and two special <sidenote>Selection by carriers; rules governing operation.</sidenote> members. The carriers in each group, acting each through its board of directors or its receiver or receivers or trustee or trustees or through an officer or officers designated for the purpose by such board, shall select the regular members of the committee representing <sidenote>Railroad system limited to one representative.</sidenote> that group, and shall prescribe the rules under which such committee shall operate; but no railroad system shall have more than one representative on any such committee. In such selection each carrier <sidenote>Vote.</sidenote>shall have a vote in proportion to its mileage lying within the <sidenote>Selection of two special members; to represent steam and electric railroads.</sidenote>group. The two special members of each committee shall be selected in such manner as the Coordinator may approve, one to represent the steam railroads within the group which had in 1932 railway operating revenues of less than $1,000,000 and the other to represent electric railways within the group not owned by a steam railroad or operated as a part of a general steam <sidenote>Notice of meetings, etc.</sidenote> railroad system of transportation. Each such special member shall have reasonable notice of all meetings of his committee at which any matter affecting any carrier which he represents is to be considered, and may participate in the consideration and disposition <sidenote>Removals and vacancies.</sidenote> of such matter. Members of the committees may be removed from office and vacancies may be filled in like manner.</content> </section> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Sec</inline>. 4.</num><sidenote>Purposes of title.</sidenote> <content class="inline">The purposes of this title are (1) to encourage and promote or require action on the part of the carriers and of subsidiaries subject to the Interstate Commerce Act, as amended, which will <sidenote>Avoid unnecessary duplication, etc.; joint use of tracks and terminals. Proviso. Restriction on eliminating existing routes. Control allowances and accessorial services.</sidenote> (a) avoid unnecessary duplication of services and facilities of whatsoever nature and permit the joint use of terminals and trackage incident thereto or requisite to such joint use: <proviso> Provided, That no routes now existing shall be eliminated except with the consent of all participating lines or upon order of the Coordinator, (b) control allowances, accessorial services and the charges therefor, and other practices affecting service or operation, to the end that undue impairment of net earnings may be prevented, and (c) avoid other wastes and preventable expense; (2) to promote financial <sidenote>Promote economies. Financial reorganization of carriers.</sidenote> reorganization of the carriers, with due regard to legal rights, so as to reduce fixed charges to the extent required by the public inter-<page identifier="/us/stat/48/213">213</page>est and improve carrier credit; and (3) to provide for the immediate <sidenote>Study of conditions for improving transportation.</sidenote> study of other means of improving conditions surrounding transportation in all its forms and the preparation of plans therefor. <sidenote>Post, p. 216.</sidenote></proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec</inline>. 5.</num> <content>It shall be the duty of the committees on their own initiative, <sidenote>Provisions of title to be executed by regional committees, etc.</sidenote> severally within each group and jointly where more than one group is affected, to carry out the purposes set forth in subdivision (1) of section 4, so far as such action can be voluntarily accomplished <sidenote>Ante, p. 212.</sidenote> by the carriers. In such instances as the committees are <sidenote>Authority of Coordinator when committee reports inability to perform.</sidenote> unable, for any reason, legal or otherwise, to carry out such purposes by such voluntary action, they shall recommend to the Coordinator that he give appropriate directions to the carriers or subsidiaries subject to the Interstate Commerce Act, as amended, by order; and the Coordinator is hereby authorized and directed to issue and enforce such orders if he finds them to be consistent with the public interest and in furtherance of the purposes of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="6"><inline class="smallCaps">Sec</inline>. 6.</num> <subsection class="inline"> <num value="a">(a)</num> <content>The Coordinator shall confer freely with the committees <sidenote>Committee conferences.</sidenote> and give them the benefit of his advice and assistance. At his request, the committees, the carriers, the subsidiaries, and the <sidenote>Reports, etc., to be submitted.</sidenote> Commission shall furnish him, or his assistants and agents, such information and reports as he may desire in investigating any matter within the scope of his duties under this title; and the Coordinator, his assistants, and agents, and the Commission, shall at all times have <sidenote>Access to accounts, records, etc., of carriers.</sidenote> access to all accounts, records, and memoranda of the carriers and subsidiaries. If, in any instance, a committee has not acted with respect to any matter which the Coordinator has brought to its <sidenote>Coordinator may act on his own initiative, if committee fails.</sidenote> attention and upon which he is of the opinion that it should have acted, under the provisions of section 5, he is hereby authorized and directed to issue and enforce such order, giving appropriate directions to the carriers and subsidiaries subject to the Interstate Commerce Act, as amended, with respect to such matter, as he shall find to be consistent with the public interest.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Insofar as may be necessary for the purposes of this title, <sidenote>Proceedings before Commission.</sidenote> the Commission and the members and examiners thereof shall have the same power to administer oaths and require by subpena <sidenote>Attendance of witnesses; production of books, etc.</sidenote> the attendance and testimony of witnesses and the production of books, papers, tariffs, contracts, agreements, and documents and to take testimony by deposition, relating to any matter under investigation, as though such matter arose under the Interstate Commerce Act, as amended and supplemented; and any person subpenaed or testifying in connection with any matter under investigation under this title shall have the same rights, privileges, and immunities <sidenote>Penalty provisions.</sidenote> and be subject to the same duties, liabilities, and penalties as are provided in the case of persons subpenaed or testifying in connection with any matter under investigation under the Interstate Commerce Act, as amended.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="7"><inline class="smallCaps">Sec</inline>. 7.</num> <subsection class="inline"> <num value="a">(a)</num> <content>A labor committee for each regional group of carriers <sidenote>Labor committees; selection.</sidenote> may be selected by those railroad labor organizations which, as representatives duly designated and authorized to act in accordance <sidenote>Railway labor organizations to represent.</sidenote> with the requirements of the Railway Labor Act, entered into the agreements of January 31, 1932, and December 21, 1932, with duly authorized representatives of the carriers, determining the wage <sidenote>Vol. 44, p. 577.</sidenote> payments of the employees of the carriers. A similar labor committee <sidenote>Committee to represent other organizations.</sidenote> for each regional group of carriers may be selected by such other railroad labor organizations as may be duly designated and authorized to represent employees in accordance with the requirements of the Railway Labor Act. It shall be the duty of the regional <sidenote>Labor conferences.</sidenote> coordinating committees and the Coordinator to give reasonable notice to, and to confer with, the appropriate regional labor committee <sidenote>Notice to regional labor committee.</sidenote> or committees upon the subject matter prior to taking any <page identifier="/us/stat/48/214">214</page> action or issuing any order which will affect the interest of the employees, and to afford the said labor committee or committees reasonable opportunity to present views upon said contemplated action or order.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Reduction in number of employees restricted.</sidenote> <content class="inline">The number of employees in the service of a carrier shall not be reduced by reason of any action taken pursuant to the authority of this title below the number as shown by the pay rolls of employees in service during the month of May, 1933, after deducting the number who have been removed from the pay rolls after the effective date of this Act by reason of death, normal retirements, or resignation, <sidenote>Vacancies caused by death, etc.</sidenote> but not more in any one year than 5 per centum of said number in service during May, 1933; nor shall any employee in such service be deprived of employment such as he had during said month of May or be in a worse position with respect to his compensation for such employment, by reason of any action taken pursuant to the authority conferred by this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num><sidenote>Regional boards of adjustment, establishment.</sidenote> <content class="inline">The Coordinator is authorized and directed to establish regional boards of adjustment whenever and wherever action taken pursuant to the authority conferred by this title creates conditions that make necessary such boards of adjustment to settle controversies between carriers and employees. Carriers and their <sidenote>Equality of representation, etc.</sidenote>employees shall have equal representation on such boards of adjustment for settlement of such controversies, and said boards shall exercise the functions of boards of adjustment provided for by the Railway Labor Act.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num><sidenote>Carriers to pay property losses of employees incident to transfers of work.</sidenote> <content class="inline">The Coordinator is authorized and directed to provide means for determining the amount of, and to require the carriers to make just compensation for, property losses and expenses imposed upon employees by reason of transfers of work from one locality to another in carrying out the purposes of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num><sidenote>Compliance with Railway Labor and Bankruptcy Acts by carriers required.</sidenote> <content class="inline">Carriers, whether under control of a judge, trustee, receiver, or private management, shall be required to comply with the provisions of the Railway Labor Act and with the provisions of section 77, paragraphs (o), (p), and (q), of the Act approved March 3, 1933, <sidenote>Vol. 44. p. 577; Vol. 47, p. 1481.</sidenote> entitled “An Act to amend an Act entitled ‘An Act to establish a uniform system of bankruptcy throughout the United States’, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto.”</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="8"><inline class="smallCaps">Sec</inline>. 8.</num><sidenote>Orders of Coordinator to be made public.</sidenote> <content class="inline">Any order issued by the Coordinator pursuant to this title shall be made public in such reasonable manner as he may determine <sidenote>Effective date, etc.</sidenote> and shall become effective as of such date, not less than twenty days from the date of such publication, as the Coordinator shall prescribe in the order; and such order shall remain in effect until it is vacated by him or suspended or set aside by the Commission <sidenote>Pooling arrangements, etc.</sidenote> or other lawful authority, as hereinafter provided, and such order may include provision for the creation and administration of such just pooling arrangements or for such just compensation for the use of property or for carrier services as he may deem necessary or desirable and in furtherance of the purposes of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="9"><inline class="smallCaps">Sec</inline>. 9.</num><sidenote>Appeals to Commission.</sidenote> <content class="inline">Any interested party, including, among others, any carrier, subsidiary, shipper, or employee, or any group of carriers, shippers, or employees, or any State commission, or the Governor of any State, or the official representative or representatives of any political subdivision thereof, dissatisfied with any order of the Coordinator may, at any time prior to the effective date of the order, file a petition with the Commission asking that such order be reviewed and suspended pending such review, and stating fully the reasons therefor. <sidenote>Rules governing.</sidenote> Such petitions shall be governed by such general rules as the Commission may establish, If the Commission, upon considering such <page identifier="/us/stat/48/215">215</page> petition and any answer or answers thereto, finds reason to believe that the order may be unjust to the petitioner or inconsistent with the public interest, the Commission is hereby authorized to grant such review and, in its discretion, the Commission may suspend the <sidenote>Review by commission; suspension of order.</sidenote> order if it finds immediate enforcement thereof would result in irreparable damage to the petitioner or work grave injury to the public interest, but if the Commission suspends an order, it shall expedite the hearing and decision on that order as much as possible. Thereupon the Commission shall, after due notice and a public hearing, review the order and take such action in accord with the purposes of this title as it finds to be just and consistent with the public interest, either confirming the order or setting it aside or reissuing it in modified form, and any order so confirmed or reissued shall thereafter remain in effect until vacated or modified by the Commission.</content> </section> <section class="firstIndent1 fontsize10"> <num value="10"><inline class="smallCaps">Sec</inline>. 10.</num> <subsection class="inline"> <num value="a">(a)</num> <content>The carriers or subsidiaries subject to the Interstate <sidenote>Suspension of the antitrust laws, etc. Vol. 38, p. 730.</sidenote> Commerce Act, as amended, affected by any order of the Coordinator or Commission made pursuant to this title shall, so long as such order is in effect, be, and they are hereby, relieved from the operation of the antitrust laws, as designated in section 1 of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914, and of all other restraints or prohibitions by law, State or Federal, other than such as are for the protection of the public health or <sidenote>Protection of public health or safety excepted.</sidenote> safety, in so far as may be necessary to enable them to do anything authorized or required by such order made pursuant to this title: <proviso> Provided, however, That nothing herein shall be construed to repeal, <sidenote>Proviso. Railway Labor Act not affected. Vol. 44, p. 577.</sidenote> amend, suspend, or modify any of the requirements of the Railway Labor Act or the duties and obligations imposed thereunder or through contracts entered into in accordance with the provisions of said Act.</proviso> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>The Coordinator shall issue no order which shall have the <sidenote>Notification to State of intention to relieve carrier from operation of State law.</sidenote> effect of relieving any carrier or subsidiary from the operation of the law of any State or of any order of any State commission until he has advised the State commission of said State, or the Governor of said State if there be no such commission, that such order is in contemplation, and shall afford the State commission or Governor so <sidenote>Hearings.</sidenote> notified reasonable opportunity to present views and information bearing upon such contemplated order, nor unless such order is necessary, in his opinion, to prevent or remove an obstruction to or a burden upon interstate commerce.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="11"><inline class="smallCaps">Sec</inline>. 11.</num> <content>Nothing in this title shall be construed to relieve any <sidenote>Prior contractual obligations continued in force.</sidenote> carrier from any contractual obligation which it may have assumed, prior to the enactment of this Act, with regard to the location or maintenance of offices, shops, or roundhouses at any point.</content> </section> <section class="firstIndent1 fontsize10"> <num value="12"><inline class="smallCaps">Sec</inline>. 12.</num> <content>The willful failure or refusal of any carrier or subsidiary <sidenote>Penal provisions. Violation of Coordinator’s, etc., order.</sidenote> or of any officer or employee of any carrier or subsidiary to comply with the terms of any order of the Coordinator or of the Commission made pursuant to this title shall be a misdemeanor, and upon conviction thereof the carrier, subsidiary, or person offending shall be subject to a fine of not less than $1,000 or more than $20,000 for <sidenote>Penalty. Each day a separate offense.</sidenote> each offense, and each day during which such carrier, subsidiary, or person shall willfully fail or refuse to comply with the terms of such order shall constitute a separate offense. It shall be the <sidenote>Prosecution proceedings.</sidenote> duty of any district attorney of the United States to whom the Coordinator or the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this title and for the punishment <page identifier="/us/stat/48/216">216</page><sidenote>Payment of expenses.</sidenote> of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expense of the <sidenote>Proviso. Employee’s right to refuse to render services, etc.</sidenote> courts of the United States: <proviso> Provided, That nothing in this title shall be construed to require any employee or officer of any carrier to render labor or service without his consent, or to authorize the issuance of any orders requiring such service, or to make illegal the failure or refusal of any employee individually, or any number of employees collectively, to render labor or services.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="13"><inline class="smallCaps">Sec</inline>. 13.</num><sidenote>Study of means of improvement, etc., to be made.</sidenote> <content class="inline">It shall further be the duty of the Coordinator, and he is hereby authorized and directed, forthwith to investigate and consider means, not provided for in this title, of improving transportation conditions throughout the country, including cost finding in rail transportation and the ability, financial or otherwise, of the carriers to improve their properties and furnish service and charge rates which will promote the commerce and industry of the country and including, also, the stability of railroad labor employment and <sidenote>Recommendations to be submitted.</sidenote> other improvement of railroad labor conditions and relations; and from time to time he shall submit to the Commission such recommendations calling for further legislation to these ends as he may deem necessary or desirable in the public interest. The Commission <sidenote>Transmission to President, etc.</sidenote> shall promptly transmit such recommendations, together with its comments thereon, to the President and to the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="14"><inline class="smallCaps">Sec</inline>. 14.</num><sidenote>Expenses of Coordinator. Ante, p. 211.</sidenote> <content class="inline">The expenses of the Coordinator except so far as they are borne by the Commission in accordance with the provisions of section 2, but not including the expenses of the coordinating committees, shall be allowed and paid, on the presentation of itemized <sidenote>Fund, obtained from assessments on carriers.</sidenote> vouchers therefor approved by the Coordinator, out of a fund obtained from assessments on the carriers, and said fund is hereby appropriated for the payment of such expenses. It shall be the <sidenote>Basis of computation.</sidenote> duty of each carrier, within thirty days after the date of enactment of this Act, to pay into this fund, for the first year of the operation <sidenote>Post, p. 954.</sidenote> of this title, one and one-half dollars for every mile of road operated by it on December 31, 1932, as reported to the Commission, and to pay into said fund within thirty days after the expiration of such year a proportional amount covering any period of extension of this <sidenote>Post, p. 217.</sidenote> title by proclamation of the President under section 17, and it shall be the duty of the Secretary of the Treasury to collect such assessments. <sidenote>Pro rata return of any balance.</sidenote> Any amount remaining in the fund when this title ceases to have effect shall be returned by the Secretary of the Treasury to the <sidenote>Free transportation, etc., provided Coordinator, assistants, etc. Vol. 35, p. 60, waived.</sidenote> carriers in proportion to their contributions. The carriers and the Pullman Company shall be permitted, anything in the Interstate Commerce Act, as amended, to the contrary notwithstanding, to provide free transportation and other carrier service to the Coordinator and his assistants and agents and to the employees of the Commission when engaged in the service of the Coordinator.</content> </section> <section class="firstIndent1 fontsize10"> <num value="15"><inline class="smallCaps">Sec</inline>. 15.</num><sidenote>Loans to carriers denied when financial reorganization essential. Vol. 47, p. 7.</sidenote> <content class="inline">The Commission shall not approve a loan to a carrier under the Reconstruction Finance Corporation Act, as amended, if it is of the opinion that such carrier is in need of financial reorganization <sidenote>Proviso. “Carrier” not to include receiver, etc. Court review of orders.</sidenote> in the public interest: <proviso> Provided, however, That the term “carrier” as used in this section shall not include a receiver or trustee.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="16"><inline class="smallCaps">Sec</inline>. 16.</num> <content>Any final order made under this title shall be subject to the same right of relief in court by any party in interest as is now provided in respect to orders of the Commission made under the <sidenote>Venue of suits on orders of Coordinator or Commission. Vol. 38, p. 219, amended.</sidenote> Interstate Commerce Act, as amended. The provisions of the Urgent Deficiencies Appropriation Act of October 22, 1913 (38 Stat.L. 219), shall be applicable to any proceeding in court brought to suspend or set aside any order of the Coordinator or of the Commission entered pursuant to the provisions of this title.</content> </section> <page identifier="/us/stat/48/217">217</page> <section class="firstIndent1 fontsize10"> <num value="17"><inline class="smallCaps">Sec</inline>. 17.</num> <content>This title shall cease to have effect at the end of one year <sidenote>Duration of title. Extension by proclamation. Post, p. 1740.</sidenote> after the effective date, unless extended by a proclamation of the President for one year or any part thereof, but orders of the Coordinator or of the Commission made thereunder shall continue in effect <sidenote>Continuing effectiveness of Coordinator’s orders.</sidenote> until vacated by the Commission or set aside by other lawful authority, but notwithstanding the provisions of section 10 no such order shall operate to relieve any carrier from the effect of any State law or of any order of a State commission enacted or made after this title ceases to have effect.</content> </section> <num class="centered" value="II">TITLE II—</num> <heading class="inline">AMENDMENTS TO INTERSTATE COMMERCE <sidenote><inline class="smallCaps">title ii—</inline>Interstate Commerce Act amendments.</sidenote> ACT</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Section</inline> 201.</num> <content>Section 5 of the Interstate Commerce Act, as amended <sidenote>Vol. 24, p. 380. <ref href="/us/usc/p1655">U. S. C., p. 1655</ref>.</sidenote> (U.S.C., title 49, sec. 5), is amended by striking out paragraphs (2) and (3) and by renumbering paragraphs (4) and (5) as paragraphs (2) and (3), respectively, and by striking out the last sentence of the paragraph so renumbered as paragraph (3).</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202.</num> <content>Such section 5 is further amended by striking out <sidenote>Combination, consolidation, etc.</sidenote> paragraphs (6), (7), and (8), and by inserting in lieu thereof the following paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4)</num> <subdivision class="inline"> <num value="a">(a)</num> <content>It shall be lawful, with the approval and authorization <sidenote>Mergers authorized.</sidenote> of the Commission, as provided in subdivision (b), for two or more carriers to consolidate or merge their properties, or any part thereof, into one corporation for the ownership, management, and operation of the properties theretofore in separate ownership; or for any carrier, or two or more carriers jointly, to purchase, lease, or contract <sidenote>Contract to operate another’s properties.</sidenote> to operate the properties, or any part thereof, of another; or for any carrier, or two or more carriers jointly, to acquire control <sidenote>Acquire control, through purchase of stock. Holding companies, etc.</sidenote> of another through purchase of its stock; or for a corporation which is not a carrier to acquire control of two or more carriers through ownership of their stock; or for a corporation which is not a carrier and which has control of one or more carriers to acquire control of another carrier through ownership of its stock.</content> </subdivision> <subdivision class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <content>Whenever a consolidation, merger, purchase, lease, operating <sidenote>Application for authority to be made to Commission.</sidenote> contract; or acquisition of control is proposed under subdivision (a), the carrier or carriers or corporation seeking authority therefor shall present an application to the Commission, and thereupon the Commission shall notify the Governor of each State in which any part <sidenote>Notices to governors of States, etc.</sidenote> of the properties of the carriers involved in the proposed transaction is situated, and also such carriers and the applicant or applicants, of the time and place for a public hearing. If after such hearing <sidenote>Approval, if in harmony with Commission’s plan, and in public interest.</sidenote> the Commission finds that, subject to such terms and conditions and such modifications as it shall find to be just and reasonable, the proposed consolidation, merger, purchase, lease, operating contract, or acquisition of control will be in harmony with and in furtherance of the plan for the consolidation of railway properties established pursuant to paragraph (3), and will promote the public interest, it may enter an order approving and authorizing such consolidation, merger, purchase, lease, operating contract, or acquisition of control, <sidenote>Terms and conditions.</sidenote> upon the terms and conditions and with the modifications so found to be just and reasonable.</content> </subdivision> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5)</num> <content>Whenever a corporation which is not a carrier is authorized, <sidenote>Holding company acquiring control of carriers.</sidenote> by an order entered under paragraph (4), to acquire control of any carrier or of two or more carriers, such corporation thereafter shall, to the extent provided by the Commission, for the purposes of paragraphs (1) to (10), inclusive, of section 20 (relating to reports, <sidenote>Supervision of Commission.</sidenote> accounts, and so forth, of carriers), including the penalties applicable in the case of violations of such paragraphs, be considered as <page identifier="/us/stat/48/218">218</page> a common carrier subject to the provisions of this Act, and for the <sidenote>As to issues of securities, liabilities, etc.</sidenote> purposes of paragraphs (2) to (11), inclusive, of section 20a (relating to issues of securities and assumptions of liability of carriers), including the penalties applicable in the case of violations of such <sidenote>To be treated as a “carrier.”</sidenote> paragraphs, be considered as a ‘carrier’ as such term is defined in paragraph (1) of such section, and be treated as such by the Commission in the administration of the paragraphs specified. In the <sidenote>Assumption of obligations.</sidenote> application of such provisions of section 20a in the case of any such corporation the Commission shall authorize the issue or assumption applied for only if it finds that such issue or assumption is consistent with the proper performance by each carrier which is under the control of such corporation of its service to the public as a common carrier, will not impair the ability of any such carrier to perform such service, and is otherwise compatible with the public interest.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6)</num><sidenote>Control or management unification of two or more carriers.</sidenote> <content class="inline">It shall be unlawful for any person, except as provided in paragraph (4), to accomplish or effectuate, or to participate in accomplishing or effectuating, the control or management in a common interest of any two or more carriers, however such result is attained, whether directly or indirectly, by use of common directors, officers, or stockholders, a holding or investment company or companies, a voting trust or trusts, or in any other manner whatsoever. It shall be unlawful to continue to maintain control or management accomplished or effectuated after the enactment of this amendatory paragraph and in violation of its provisions. As used in this paragraph <sidenote>“Control or management”, construed.</sidenote> and paragraph (7), the words ‘control or management’ shall be construed to include the power to exercise control or management.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7)</num><sidenote>Transactions deemed effecting control or management.</sidenote> <chapeau class="inline">For the purposes of paragraphs (6) and (11), but not in anywise limiting the application thereof, any transaction shall be deemed to accomplish or effectuate the control or management in a common interest of two carriers—</chapeau> <subdivision class="firstIndent1 fontsize10"> <num value="a">“(a)</num> <content>If such transaction is by a carrier, and if the effect of such transaction is to place such carrier and persons affiliated with it, taken together, in control of another carrier.</content> </subdivision> <subdivision class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <content>If such transaction is by a person affiliated with a carrier, and if the effect of such transaction is to place such carrier and persons affiliated with it, taken together, in control of another carrier.</content> </subdivision> <subdivision class="firstIndent1 fontsize10"> <num value="c">“(c)</num> <content>If such transaction is by two or more persons acting together, one of whom is a carrier or is affiliated with a carrier, and if the effect of such transaction is to place such persons and carriers and persons affiliated with any one of them and persons affiliated with any such affiliated carrier, taken together, in control of another carrier.</content> </subdivision> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8)</num><sidenote>“Affiliated person”, defined.</sidenote> <content class="inline">For the purposes of paragraph (7) a person shall be held to be affiliated with a carrier if, by reason of the relationship of such person to such carrier (whether by reason of the method of, or circumstances surrounding organization or operation, or whether established through common directors, officers, or stockholders, a voting trust or trusts, a holding or investment company or companies, or any other direct or indirect means), it is reasonable to believe that the affairs of any carrier of which control may be acquired by such person will be managed in the interest of such other carrier.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9)</num><sidenote>Immaterial whether references to control relate to direct or indirect.</sidenote> <content class="inline">For the purposes of paragraphs (6), (7), (8), and (11), wherever reference is made to control it is immaterial whether such control is direct or indirect. As used in this paragraph and paragraphs <sidenote>Control construed.</sidenote> (7), (8), and (11) the term ‘control’ shall be construed to include the power to exercise control.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10)</num><sidenote>Investigations authorized.</sidenote> <content class="inline">The Commission is hereby authorized, upon complaint or upon its own initiative without complaint, but after notice and hearing, to investigate and determine whether any person is violating <page identifier="/us/stat/48/219">219</page> the provisions of paragraph (6). If the Commission finds after such <sidenote>Commission to order discontinuance of violations.</sidenote> investigation that such person is violating the provisions of such paragraph, it shall by order require such person to take such action as may be necessary, in the opinion of the Commission, to prevent continuance of such violation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11)</num> <content>For the proper protection and in furtherance of the plan <sidenote>Control, interfering with Commission’s consolidation plan or carrier’s independence to be investigated.</sidenote> for the consolidation of railway properties established pursuant to paragraph (3) and the regulation of interstate commerce in accordance therewith, the Commission is hereby authorized, upon complaint or upon its own initiative without complaint, but after notice and hearing, to investigate and determine whether the holding by any person of stock or other share capital of any carrier (unless acquired with the approval of the Commission) has the effect (a) of subjecting such carrier to the control of another carrier or to common control with another carrier, and (b) of preventing or hindering the carrying out of any part of such plan or of impairing the independence, one of another, of the systems provided for in such plan. If the Commission finds after such investigation that such <sidenote>Restricting voting power of controlling stock.</sidenote> holding has the effects described, it shall by order provide for restricting the exercise of the voting power of such person with respect to such stock or other share capital (by requiring the deposit thereof with a trustee, or by other appropriate means) to the extent necessary to prevent such holding from continuing to have such effects.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">“(12)</num> <content>If in the course of any proceeding under this section before <sidenote>Suspension of proceeding in certain cases.</sidenote> the Commission, or of any proceeding before a court in enforcement of an order entered by the Commission under this section, it appears that since the beginning of such proceeding the plan for consolidation has been reopened under paragraph (3) for changes or modifications with respect to the allocation of the properties of any carrier involved in such proceeding, then such proceeding may be suspended.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">“(13)</num> <content>The district courts of the United States shall have jurisdiction <sidenote>Jurisdiction of district courts.</sidenote> upon the application of the Commission, alleging a violation of any of the provisions of this section or disobedience of any order issued by the Commission thereunder by any person, to issue such writs of injunction or other proper process, mandatory or otherwise, as may be necessary to restrain such person from violation of such provision or to compel obedience to such order.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14)</num> <content>The Commission may from time to time, for good cause <sidenote>Supplemental orders authorized.</sidenote> shown, make such orders, supplemental to any order made under paragraph (1), (4), (10), or (11), as it may deem necessary or appropriate.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">“(15)</num> <content>The carriers and any corporation affected by any order <sidenote>Carriers affected relieved from operation of antitrust laws. Vol. 38, p. 730. <ref href="/us/usc/p352">U.S.C., p. 352</ref>.</sidenote> made under the foregoing provisions of this section shall be, and they are hereby, relieved from the operation of the antitrust laws as designated in section 1 of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved October 15, 1914, and of all other restraints or prohibitions by or imposed under authority of law, State or Federal, insofar as may be necessary to enable them to do anything authorized or required by such order.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">“(16)</num> <content>If any provision of the foregoing paragraphs of this section, <sidenote>Separability provisions.</sidenote> or the application thereof to any person or circumstances, is held invalid, the other provisions of such paragraphs, and the application of such provision to any other person or circumstances, shall not be affected thereby.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">“(17)</num> <content>As used in paragraphs (4) to (16), inclusive, the term <sidenote>“Person” defined.</sidenote> ‘person’ includes an individual, partnership, association, joint-stock <page identifier="/us/stat/48/220">220</page><sidenote>“Carrier.”</sidenote> company, or corporation, and the term ‘carrier’ means a carrier by railroad subject to this Act.”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203.</num><sidenote>Designated paragraphs renumbered. Vol. 42, p. 27. <ref href="/us/usc/p1655">U.S.C., p. 1655</ref>.</sidenote> <content class="inline">Such section 5 is further amended by renumbering as paragraph (18) the paragraph added by the Act entitled “An Act to amend section 407 of the Transportation Act of 1920”, approved June 10, 1921, and by renumbering the remaining three paragraphs as paragraphs (19), (20), and (21), respectively.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204.</num><sidenote>Interstate Commerce Act. Provisions, as amended, to remain in force.</sidenote> <content class="inline">The provisions of the Interstate Commerce Act, as amended, and of all other applicable Federal statutes, as in force prior to the enactment of this title, shall remain in force, as though this title had not been enacted, with respect to the acquisition by any carrier, prior to the enactment of this title, of the control of any other carrier or carriers.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205.</num><sidenote>Vol. 41, p. 488, amended. <ref href="/us/usc/p1663">U.S.C., p. 1663</ref>.</sidenote> <content class="inline">Section 15a of the Interstate Commerce Act, as amended (U.S.C., title 49, sec. 15a), is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="15a">“<inline class="smallCaps">Sec</inline>. 15a.</num> <paragraph class="inline"> <num value="1">(1)</num><sidenote>“Rates” defined.</sidenote> <content class="inline">When used in this section, the term ‘rates’ means rates, fares, and charges, and all classifications, regulations, and practices relating thereto.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2)</num><sidenote>Fair return for carriers; factors in determining.</sidenote> <content class="inline">In the exercise of its power to prescribe just and reasonable rates the Commission shall give due consideration, among other factors, to the effect of rates on the movement of traffic; to the need, in the public interest, of adequate and efficient railway transportation service at the lowest cost consistent with the furnishing of such service; and to the need of revenues sufficient to enable the carriers, under honest, economical, and efficient management, to provide such service.”</content> </paragraph> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206.</num><sidenote>Sums heretofore paid by carriers to Commission under section 15a (6) to be returned. <ref href="/us/usc/p1663">U.S.C., p. 1663</ref>.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">All moneys which were recoverable by and payable to the Interstate Commerce Commission, under paragraph (6) of section 15a of the Interstate Commerce Act, as in force prior to the enactment of this title, shall cease to be so recoverable and payable; and all proceedings pending for the recovery of any such moneys <sidenote>Liquidation of general railroad contingent fund.</sidenote> shall be terminated. The general railroad contingent fund established under such section shall be liquidated and the Secretary of the Treasury shall distribute the moneys in such fund among the carriers which have made payments under such section, so that each such carrier shall receive an amount bearing the same ratio to the total amount in such fund that the total of amounts paid under such section by such carrier bears to the total of amounts paid under such section by all carriers; except that if the total amount in such <sidenote>Distribution among carriers.</sidenote> fund exceeds the total of amounts paid under such section by all carriers such excess shall be distributed among such carriers upon the basis of the average rate of earnings (as determined by the Secretary of the Treasury) on the investment of the moneys in such fund and differences in dates of payments by such carriers.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Tax liabilities for periods after February 28, 1920; computation.</sidenote> <content class="inline">The income, war-profits, and excess-profits tax liabilities for any taxable period ending after February 28, 1920, of the carriers and corporations whose income, war-profits, or excess-profits tax liabilities were affected by section 15a of the Interstate Commerce Act, as in force prior to the enactment of this Act, shall be computed <sidenote>Sums excluded from gross income.</sidenote> as if such section had never been enacted, except that, in the case of carriers or corporations which have made payments under paragraph (6) of such section, an amount equal to such payments shall be excluded from gross income for the taxable periods with <sidenote>Distributions included.</sidenote> respect to which they were made. All distributions made to carriers in accordance with subdivision (a) of this section shall be included in the gross income of the carriers for the taxable period <sidenote>Restriction on affect of provisions.</sidenote> in which this Act is enacted. The provisions of this subdivision shall not be held to affect (1) the statutes of limitations with respect <page identifier="/us/stat/48/221">221</page> to the assessment, collection, refund, or credit of income, war-profits or excess-profits taxes or (2) the liabilities for such taxes of any carriers or corporations if such liabilities were determined prior to the enactment of this Act in accordance with section 1106 (b) of the Revenue Act of 1926 or section 606 of the Revenue Act of 1928, or in <sidenote>Vol. 44, p. 113; Vol. 45, p. 874.</sidenote> accordance with a final judgment of a court, an order of the Board of Tax Appeals which had become final, or an offer in compromise duly accepted in accordance with law.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207.</num> <content>Paragraph (a) of section 19a of the Interstate Commerce <sidenote>Physical valuation of property. Vol. 37, p. 701; Vol. 40, p. 271, amended. Post, p. 515.</sidenote> Act, as amended (U.S.C., title 49, sec. 19a (a)), is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="a">“(a)</num> <content>That the Commission shall, as hereinafter provided, investigate, <sidenote>Street, etc., railways, not a part of railroad system excluded.</sidenote> ascertain, and report the value of all the property owned or used by every common carrier subject to the provisions of this Act, except any street, suburban, or interurban electric railway which is not operated as a part of a general steam railroad system of transportation; <sidenote>Discretionary inclusion in separate valuation report.</sidenote> but the Commission may in its discretion investigate, ascertain, and report the value of the property owned or used by any such electric railway subject to the provisions of this Act whenever in its judgment such action is desirable in the public interest. <sidenote>Employment of experts.</sidenote> To enable the Commission to make such investigation and report, it is authorized to employ such experts and other assistants as may be necessary. The Commission may appoint examiners who shall <sidenote>Examiners.</sidenote> have power to administer oaths, examine witnesses, and take testimony. The Commission shall, subject to the exception hereinbefore <sidenote>Classification and inventory.</sidenote> provided for in the case of electric railways, make an inventory which shall list the property of every common carrier subject to the provisions of this Act in detail, and show the value thereof as hereinafter provided, and shall classify the physical property, as nearly as practicable, in conformity with the classification of expenditures for road and equipment, as prescribed by the Interstate Commerce Commission.”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208.</num> <content>Paragraphs (f) and (g) of such section 19a, as amended <sidenote><ref href="/us/usc/p1667">U.S.C., p. 1667</ref>.</sidenote> (U.S.C., title 49, sec. 19a (f), (g)), are amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="f">“(f)</num> <content>Upon completion of the original valuations herein provided <sidenote>Valuations; current maintenance of.</sidenote> for, the Commission shall thereafter keep itself informed of all new construction, extensions, improvements, retirements, or other changes in the condition, quantity, use, and classification of the property of <sidenote>New construction, etc., to be added.</sidenote> all common carriers as to which original valuations have been made, and of the cost of all additions and betterments thereto and of all changes in the investment therein, and may keep itself informed of current changes in costs and values of railroad properties, in order that it may have available at all times the information deemed by it to be necessary to enable it to revise and correct its previous inventories, <sidenote>Revision and inventories.</sidenote> classifications, and values of the properties; and when deemed necessary, may revise, correct, and supplement any of its inventories and valuations.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="g">“(g)</num> <content>To enable the Commission to carry out the provisions of the <sidenote>Duty of carriers to make reports.</sidenote> preceding paragraph, every common carrier subject to the provisions of this Act shall make such reports and furnish such information as the Commission may require.”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209.</num> <content>If any provision of this Act, or the application thereof <sidenote>Saving provisions.</sidenote> to any person or circumstances, is held invalid, the other provisions of this Act or the application of such provision to any other person or circumstances shall not be affected thereby.</content> </section> Approved, June 16, 1933, 12:05 p.m.

To extend the times for commencing and completing the construction of a bridge across the French Broad River on the proposed Morristown-Newport Road between Jefferson and Cocke Counties, Tennessee. Chapter 92 48 Stat. 222 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 222 [CHAPTER 92.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the French Broad River on the proposed Morristown-Newport Road between Jefferson and Cocke Counties, Tennessee.

June 16, 1933.

[S. 1872.]

[Public, No. 69.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

French Broad River.

Time extended for bridging, Jefferson and Cocke Counties, Tenn.

That the times for commencing and completing the construction of a bridge across the French Broad River on the proposed Morristown-Newport Road between Jefferson and Cocke Counties, Tennessee, authorized to be built by the Highway Department of the State of Tennessee, by an

Vol. 46, p. 1064.

Act of Congress approved February 6, 1931, are hereby extended one and three years, respectively, from February 6, 1933.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 16, 1933, 12:45 p.m.

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1934, and for other purposes. Chapter 93 48 Stat. 222 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 93.]

AN ACT Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1934, and for other purposes.

June 16, 1933.

[H. R. 4589.]

[Public, No. 70.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia.

Appropriations for expenses of, fiscal year 1934, from District revenues and $5,700,000 from the Treasury.

That in order to defray the expenses of the District of Columbia for the fiscal year ending June 30, 1934, any revenue (not including the proportionate share of the United States in any revenue arising as the result of the expenditure of appropriations made for the fiscal year 1924 and prior fiscal years) now required by law to be credited to the District of Columbia and the United States in the same proportion that each contributed to the activity or source from whence such revenue was derived shall be credited wholly to the District of Columbia, and, in addition $5,700,000 is appropriated, out of any money in the Treasury not otherwise appropriated, to be advanced July 1, 1933, and all the remainder out of the combined revenues of the District of Columbia, namely:

General expenses.

GENERAL EXPENSES

Executive Office.

executive office

Office personnel.

Additional, for Engineer Commissioner.

For personal services, $38,794, plus so much as may be necessary to compensate the Engineer Commissioner at such rate in grade 8 of the professional and scientific service of the Classification Act of 1923, as amended, as may be determined by the Board

Provisos.

Salaries limited to average rates under Classification Act; exceptions.

Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.

U.S.C., p. 65; Supp. VI, p. 31.

of Commissioners: Provided, That in expending appropriations or portions of appropriations contained in this Act for the payment of personal services in accordance with the Classification Act of 1923, as amended, with the exception of the two civilian Commissioners the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended: Provided,

Restriction not applicable to clerical-mechanical services.

No reduction in fixed salaries.

Vol. 42, p. 1490;

Vol. 46, p. 1095.

That this restriction shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service; (2) to require the reduction in salary, of any person whose compensation was fixed, as of July 1, 1924, in accordance with the rules of section 6 of such Act; (3) to 223 require the reduction in salary of any person who is transferred

Transfer to another position without pay reduction.

Higher rates permitted.

from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit; (4) to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or (5) to reduce the compensation

If only one position in a grade.

of any person in a grade in which only one position is allocated;

Purchasing division: For personal services, $48,793;

Purchasing division.

Building inspection division: For personal services, $97,846;

Building inspection division.

Plumbing inspection division: For personal services, $31,783; two

Plumbing inspection division.

members of plumbing board at $127.50 each; in all, $32,038.

public convenience stations

Public convenience stations.

For maintenance of public convenience stations, including compensation

Maintenance.

of necessary employees, $12,500. care of district building

Care of District Building.

For personal services, including temporary labor, and service of

Operating force.

cleaners as necessary at not to exceed 48 cents per hour, $81,000: Provided, That no other appropriation made in this Act shall be

Proviso.

Employment of assistant engineers or watchmen.

available for the employment of additional assistant engineers or watchmen for the care of the District Building.

For fuel, light, power, repairs, laundry, and miscellaneous supplies,

Operating supplies.

$28,300.

assessor’s office

Assessor’s office.

For personal services, $193,000.

Personal services.

collector’s office

Collector’s office.

For personal services, $39,000.

Personal services.

auditor’s office

Auditor’s office.

For personal services, $106,000; and the compensation of the present

Personal services.

Present disbursing officer permitted other duties.

incumbent of the position of disbursing officer of the District of Columbia shall be exclusive of his compensation as United States property and disbursing officer for the National Guard of the District of Columbia. office of corporation counsel

Corporation Counsel’s office.

For the corporation counsel, including extra compensation as general

Extra pay, Public Utilities Commission.

counsel of the Public Utilities Commission, and other personal services, $75,400. coroner’s office

Coroner’s office.

For personal services, including deputy coroners, in accordance

Services, including deputies.

Vol. 46, p. 1003.

with the Classification Act of 1923, as amended, $8,651.

For the maintenance of a non-passenger-carrying motor wagon

Morgue, etc., expenses.

for the morgue, jurors’ fees, witness fees, ice, disinfectants, telephone service, and other necessary supplies, repairs to the morgue, and the necessary expenses of holding inquests, including stenographic services in taking testimony, and photographing unidentified bodies, $3,750.

224

Office of Superintendent of Weights, etc.

office of superintendent of weights, measures, and markets

Personal service, etc.

For personal services, $37,500.

Inspection, etc.

For purchase of commodities, including personal services, in connection with investigation and detection of sales of short weight and measure, $300.

Markets.

For maintenance and repairs to markets, $5,500.

Motor vehicles.

For maintenance and repair of non-passenger-carrying motor vehicles, $1,750.

Engineer department.

office of chief clerk, engineer department

Chief Clerk’s office.

For personal services, $24,935. central garage

Central garage.

For personal services, $4,539.

Municipal Architect’s office.

municipal architect’s office

Personal services.

For personal services, $40,000.

Apportionments.

All apportionments of appropriations for the use of the municipal architect in payment of personal services employed on construction work provided for by said appropriations shall be based on an amount not exceeding 3 per centum of a total of not more than $2,000,000 of appropriations made for such construction projects and not exceeding 2¾ per centum of a total of the appropriations in excess of $2,000,000.

Public Utilities Commission.

public utilities commission

Commissioners, people’s counsel, etc.

For two commissioners, people’s counsel, and for other personal services, $82,000, of which amount not to exceed $5,000 may be used

Experts.

for the employment of expert services by contract or otherwise and without reference to the Classification Act of 1923, as amended, and of which amount not to exceed $688 shall be immediately available.

Incidental expenses.

For incidental and all other general necessary expenses authorized by law, including the purchase of newspapers, $1,500.

Issuance of orders requiring meters in taxicabs forbidden.

No part of the appropriations contained in this Act shall be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Utilities Commission requiring the installation of meters in taxicabs until such

Proviso.

Other orders not affected.

regulation or order shall have been approved by Congress: Provided, That this prohibition shall not be construed to affect any order or part of an order of such Public Utilities Commission other than with respect to the requirement of the installation of such meters.

board of examiners, steam engineers

Examiners, steam engineers.

Salaries: Three members, at $127.50 each, $382. department of insurance

Insurance department.

For personal services, $17,702. surveyor’s office

Surveyor’s office.

For personal services, $68,000.

Employees’ Compensation fund.

district of columbia employees’ compensation fund

Payment for injuries.

Vol. 41, p. 104.

For carrying out the provisions of section 11 of the District of Columbia Appropriation Act approved July 11, 1919, extending to the employees of the government of the District of Columbia the provisions of the Act entitled “An Act to provide compensation for 225 employees of the United States suffering injuries while in the performance

Vol. 39, p. 742.

of their duties, and for other purposes”, approved September 7, 1916, $30,000.

Administrative Expenses, Compensation to Injured Employees of

Administrative expenses, compensation to injured employees.

Vol. 45, p. 600.

U.S.C., Supp. VI, p. 664.

Transfer to Employees’ Compensation Commission.

the District of Columbia: For the enforcement of the Act entitled “An Act to provide compensation for disability or death resulting from injury to employees in certain employments in the District of Columbia, and for other purposes”, approved May 17, 1928 (U.S.C., Supp. V, title 33, sec. 901), $50,750, for transfer to and expenditure by the Employees’ Compensation Commission under its appropriations “Salaries and expenses”, $50,000, and “Printing and binding”, $750.

For financing of the liability of the government of the District of

Retirement Act.

Contribution to from District revenues.

Vol. 41, p. 619; Vol. 44, p. 912; Vol. 46, p. 468.

U.S.C., Supp. VI, p. 46.

Columbia, created by the Act entitled “An Act for the retirement of employees in the classified civil service, and for other purposes”, approved May 22, 1920, and Acts amendatory thereof (U.S.C., title 5, sec. 707a), $150,000, which amount shall be placed to the credit of the “civil service retirement and disability fund.”

department of vehicles and traffic

Vehicles and traffic department.

For personal services, $60,000.

Personal services.

For purchase, installation, and modification of electric traffic

Expenses, etc.

lights, signals and controls, markers, painting white lines, labor, maintenance of nonpassenger-carrying motor vehicles and such other expenses as may be necessary in the judgment of the Commissioners, $45,000: Provided, That no part of this or any other

Proviso.

Not available for street-car loading platforms.

appropriation contained in this Act shall be expended for building, installing, and maintaining street-car loading platforms and lights of any description employed to distinguish same.

For the purchase of motor vehicle identification number plates,

Identification plates.

$20,000.

free public library

Public Library.

For personal services, and for substitutes and other special and

Personal services.

temporary services, including extra services on Sundays, holidays, and Saturday half holidays, at the discretion of the librarian, $265,000.

Miscellaneous: For books, periodicals, newspapers, and other

Miscellaneous.

printed material, including payment in advance for subscription books, and society publications, $40,000: Provided, That the disbursing

Proviso.

Advances for books purchased, etc.

officer of the District of Columbia is authorized to advance to the librarian of the free Public Library, upon requisition previously approved by the auditor of the District of Columbia, sums of money not exceeding $25 at the first of each month, to be expended for the purchase of certain books, pamphlets, numbers of periodicals or newspapers, or other printed material, and to be accounted for on itemized vouchers.

For binding, including necessary personal services, $18,452.

Binding.

For maintenance, alterations, repairs, fuel, lighting, fitting up

Contingent expenses.

buildings, care of grounds, maintenance of motor delivery vehicles, and other contingent expenses, $25,000.

For rent of suitable quarters for branch libraries in Chevy Chase

Chevy Chase and Woodridge branches.

and Woodridge, $4,800.

For personal services, $60,000.

Personal services.

For miscellaneous and contingent expenses, telephone bills, printing,

Contingent expenses

typewriters, photostat paper and supplies, including laboratory 226 coats and photographic developing room equipment, towels, towel service, window washing, street-car tokens, furniture and equipment and repairs thereto, and purchase of books of reference, law books, and periodicals, $9,000.

Recorder of Deeds.

recorder of deeds

Personal services.

Recopying old land records.

For personal services, $80,000, of which $6,000 shall be available only for recopying old land records of the District of Columbia.

Contingent expenses.

For miscellaneous and contingent expenses, including telephone service, printing, binding, rebinding, repairing, and preservation of records; typewriters, towels, towel service, furniture and equipment and repairs thereto; books of reference, law books and periodicals, street-car tokens, postage, not exceeding $100 for rest room for sick and injured employees and the equipment of and medical supplies for said rest room, and all other necessary incidental expenses, $10,000.

Rent.

For rent of offices of the recorder of deeds, $10,000.

Contingent expenses.

CONTINGENT AND MISCELLANEOUS EXPENSES

Objects specified.

For checks, books, law books, books of reference, periodicals, newspapers, stationery; surveying instruments and implements; drawing materials; binding, rebinding, repairing, and preservation of records; ice; repairs to pound and vehicles, not to exceed $500; traveling expenses not to exceed $1,000, including payment of dues and traveling expenses in attending conventions when authorized by the Commissioners of the District of Columbia; expenses authorized by law in connection with the removal of dangerous or unsafe and insanitary buildings, including payment of a fee of $6 per diem

Removing unsafe, etc., buildings.

to each member of board of survey, other than the inspector of buildings, while actually employed on surveys of dangerous or unsafe buildings; and other general necessary expenses of District

Proviso.

Printing, etc., of list of supplies forbidden.

offices; $28,000: Provided, That no part of this or any other appropriation contained in this Act shall be expended for printing or binding a schedule or list of supplies and materials for the furnishing of which contracts have been or may be awarded.

Printing and binding.

For printing and binding, including the printing of the report on the power needs of the District of Columbia, $55,000.

Automobiles, maintenance, etc.

For maintenance, care, repair, and operation of passenger-carrying automobiles owned by the District of Columbia, including personal services, $50,000.

Restriction on use of District-owned vehicles.

All motor-propelled passenger-carrying vehicles owned by the District of Columbia shall be used exclusively for “official purposes” directly pertaining to the public services of said District, and shall

Under control of Commissioners.

be under the direction and control of the Commissioners, who may from time to time alter or change the assignment for use thereof or direct the joint or interchangeable use of any of the same by officials and employees of the District, except as otherwise provided

Transportation between domicile and place of employment.

in this Act; and “official purposes” shall not include the transportation of officers and employees between their domiciles and places of employment, except as to the Commissioners of the District of Columbia and in cases of officers and employees the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the Commissioners:

Proviso.

Purchase price restriction.

Provided, That no passenger-carrying automobile, except busses, patrol wagons, and ambulances, and except as otherwise specifically authorized in this Act, shall be acquired under any provision of this Act, by purchase or exchange, at a cost, including the

Transfer forbidden.

value of a vehicle exchanged, exceeding $650. No motor vehicles 227 shall be transferred from the police or fire departments to any other branch of the government of the District of Columbia.

Appropriations in this Act shall not be used for the payment

Fire insurance premiums forbidden.

of premiums or other cost of fire insurance.

Telephones may be maintained in the residences of the superintendent

Telephones allowed at residences of designated officials.

of the water department, sanitary engineer, chief inspector of the street-cleaning division, assistant superintendent of the street-cleaning divison, inspector of plumbing, Director of Public Welfare, health officer, assistant health officer, chief of the bureau of preventable diseases, chief engineer of the fire department, superintendent of police, electrical inspector in charge of the fire-alarm system, one fire-alarm operator, and two fire-alarm repair men, the superintendent of machinery, and the fire marshal, under appropriations contained in this Act. The commissioners may connect any

Connections permitted.

or all of these telephones either to the system of the Chesapeake and Potomac Telephone Company or the telephone system maintained by the District of Columbia, or to both of such systems. Telephones may also be maintained in the residences of the general superintendent of penal institutions and such other officials of the workhouse and reformatory as may be approved by the Commissioners.

For postage for strictly official mail matter, including the rental

Postage.

of postage meter equipment, $40,000.

The Commissioners are authorized, in their discretion, to furnish

Car fare, etc.

necessary transportation in connection with strictly official business of the District of Columbia by the purchase of street car and bus fares from appropriations contained in this Act: Provided, That the

Provisos.

Limitation.

expenditures herein authorized shall be so apportioned as not to exceed a total of $9,500: Provided further, That the provisions of

Fire and police departments excepted.

this paragraph shall not include the appropriations herein made for the fire and police departments.

For judicial expenses, including witness fees, and expert services

Judicial expenses.

in District cases before the Supreme Court of said District, $1,500: Provided, That the Commissioners of the District of Columbia are

Proviso.

Contracts for reporting permitted.

R.S., sec. 3709, p. 733, waived.

U.S.C., p. 1309.

authorized, when in their judgment such action be deemed in the public interest, to contract for stenographic reporting services without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) under available appropriations contained in this Act.

For general advertising, authorized and required by law, and for

General advertising.

tax and school notices and notices of changes in regulations, $4,000: Provided, That this appropriation shall not be available for the

Proviso.

Outside advertising.

payment of advertising in newspapers published outside of the District of Columbia, notwithstanding the requirement for such advertising provided by existing law.

For advertising notice of taxes in arrears July 1, 1933, as required

Taxes in arrears.

Vol. 30, p. 250.

to be given by the Act of February 28, 1898, as amended, to be reimbursed by a charge of 50 cents for each lot or piece of property advertised, $8,000.

employment service For personal services and miscellaneous and contingent expenses

Employment service.

required for maintaining a public employment service for the District of Columbia, $9,435. emergency fund

Emergency fund.

To be expended only in case of emergency, such as riot, pestilence,

Expenses; restriction.

public insanitary conditions, calamity by flood or fire or storm, and of like character, and in all other cases of emergency not otherwise sufficiently provided for, in the discretion of the Commissioners, 228

Proviso.

Voucher for expenses.

$1,000: Provided, That the certificate of the Commissioners shall be sufficient voucher for the expenditure of not to exceed $1,000 for such investigations as they may deem necessary.

Refund of erroneous collections.

refund of erroneous collections

Payments authorized.

Vol. 36, p. 967.

To enable the Commissioners, in any case where special assessments, school tuition charges, payments for lost library books, rents, fees, or collections of any character have been erroneously covered into the Treasury, to refund such erroneous payments, wholly or in

Building permits.

part, including the refunding of fees paid for building permits authorized by the District of Columbia Appropriation Act approved

Proviso.

Refunds of prior years.

March 2, 1911 (36 Stat., p. 967), $4,000: Provided, That this appropriation shall be available for such refunds of payments made within the past three years.

Conference on Uniform State Laws.

To aid in support of the National Conference of Commissioners on Uniform State Laws, $250.

Street, etc., improvement and repair.

STREET AND ROAD IMPROVEMENT AND REPAIR

Highways department, salaries.

Salaries, Highways Department: For personal services, $155,000.

Assessment and permit work.

For assessment and permit work, paving of roadways under the permit system, and construction and repair of sidewalks and curbs around public reservations and municipal and United States buildings, including purchase or condemnation of streets, roads, and alleys, and of areas less than two hundred and fifty square feet at the intersection of streets, avenues, or roads in the District of Columbia, to be selected by the Commissioners, and including maintenance of nonpassenger-carrying motor vehicles, $150,000

Gasoline tax road and street fund.

gasoline tax, road and street improvements and repairs

Paving, etc., streets and roads from.

For paving, repaving, grading, and otherwise improving streets, avenues, and roads, including personal services and the maintenance of motor vehicles used in this work, and including curbing and gutters and replacement of curb-line trees where necessary, as follows, to

Vol. 43, p. 106.

be paid from the special fund created by section 1 of the Act entitled “An Act to provide for a tax on motor-vehicle fuels sold within the District of Columbia, and for other purposes”, approved April 23, 1924 (43 Stat., p. 106), and accretions by repayment of assessments:

Designated streets to be improved.

For paving, repaving, and surfacing, including curbing and gutters where necessary, the following:

Northwest: Thirty-first Street, Chesapeake and Ohio Canal to K Street and South Street, Thirty-first Street to Wisconsin Avenue, $7,400;

Grading streets, alleys, and roads.

For grading streets, alleys, and roads, including construction of necessary culverts and retaining walls, $50,000;

Surfacing block pavements, etc.

For surfacing block pavements and paving the unpaved center strips of paved roadways, $25,000;

Minor changes in roadways, etc.

For minor changes in roadway and sidewalks on plans to be approved by the Commissioners of the District of Columbia to facilitate vehicular and pedestrian traffic, $5,000;

Curbs and gutters, shoulders, etc.

For construction of curbs and gutters, or concrete shoulders in connection with all forms of macadam roadways and adjustment of roadways thereto, together with resurfacing and replacing of base of such roadways where necessary, $175,000;

Surfacing, etc., pavements.

For the surfacing and resurfacing or replacement of asphalt, granite block, or concrete pavements with the same or other approved material, $375,000;

229

For construction, maintenance, operation, and repair of bridges,

Bridges, construction, repair, etc.

Highway bridge, improvements.

Plans for New Hampshire Avenue viaduct.

Motor vehicles.

including $45,000, or so much thereof as may be necessary, for replacement of the fender pile system of the Highway Bridge, and not to exceed $7,500 for surveys, engineering investigations, and preparation of plans for a viaduct or bridge in the line of New Hampshire Avenue over the tracks of the Baltimore and Ohio Railroad, and including maintenance of nonpassenger-carrying motor vehicles, $100,000.

For current work of repairs to streets, avenues, roads, and alleys,

Repairs, etc.

including the reconditioning of existing gravel streets and roads, and including the purchase, exchange, maintenance, and operation of non-passenger-carrying motor vehicles used in this work, $500,000: Provided, That the Commissioners of the District of Columbia,

Proviso.

Purchase of asphalt plant authorized.

should they deem such action to be to the advantage of the District of Columbia, are hereby authorized to purchase a municipal asphalt plant at a cost not to exceed $30,000;

This appropriation shall be available for repairing pavements of

Street railways, pavements.

Vol. 20, p. 105.

street railways when necessary; the amounts thus expended shall be collected from such railroad companies as provided by section 5 of “An Act providing a permanent form of government for the District of Columbia,” approved June 11, 1878, and shall be deposited to the credit of the appropriation for the fiscal year in which they are collected;

In all, not to exceed $1,237,400, to be immediately available; to be

Disbursements, etc.

disbursed and accounted for as “Gasoline tax, road and street improvements and repairs,” and for that purpose shall constitute one fund: Provided, That assessments in accordance with existing

Proviso.

Assessments under existing law.

law shall be made for paving and repaving roadways where such roadways are paved or repaved with funds derived from the collection of the tax on motor-vehicle fuels and accretions by repayment of assessments.

For additional street and road improvements and repairs to aid

Street improvements, etc., for unemployment relief.

in the relief of unemployment, to be allotted for such projects and purposes and in such amounts as the Director of the Bureau of the Budget may approve (including the allocation of additional sums

Allocations from gasoline, etc., fund.

to any or all of the general items herein chargeable to the gasoline tax fund), there is hereby appropriated out of the gasoline tax fund and to be immediately available, such sums (not to exceed in the aggregate $1,500,000) as may be deemed surplus in such fund: Provided,

Proviso.

Calvert Street Bridge to be replaced.

Post, p. 853.

That of said amount the sum of $575,000 is hereby made available tor the construction of a bridge to replace the Calvert Street Bridge over Rock Creek, including necessary changes in water and sewer mains, and including the employment of engineering or other

Employment of engineers.

R.S., sec. 3709, p. 733.

U.S.C., p. 1309.

Vol. 42, p. 1488.

U.S.C., p. 65; Supp. VI, p. 31.

Contracts authorized.

Limit of cost.

professional services by contract or otherwise, without reference to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5), or the Classification Act of 1923, as amended, and engineering and incidental expenses, and the Commissioners are authorized to enter into contract or contracts for construction of said bridge at a cost not to exceed $1,250,000; but no part of said sum shall be available for expenditure in connection with the construction of said Calvert Street Bridge until the Commissioners of the District of Columbia shall have made a restudy, and reinvestigation to determine which particular

Study of suitable type.

type of bridge is most economical and serviceable, and best suited to the proposed location; and the Commission of Fine Arts shall have

Approval by Fine Arts Commission.

Street railway using bridge to install electric system at its expense; other items.

approved the type of bridge decided upon, and any street railway company using said bridge shall install thereon, at its own expense, an approved underground system of street-car propulsion and, at its own expense, shall thereafter maintain such underground construction, and bear the cost of surfacing and resurfacing and main-230taining

Relocating, etc., plow pit.

in good condition the space between the railway tracks and two feet exterior thereto as provided by law, and shall defray the cost of excess construction occasioned by such use including the relocation and construction of closed plow pits at the west approach to the bridge in accordance with plans to be approved by the Commissioners of the District of Columbia: Provided further, That of said

Widening, etc., designated roadways.

amount of $1,500,000, the sum of $45,741 is hereby made available for widening to seventy-three feet and repaving the roadway of Constitution Avenue northwest, North Capitol to First Street, and for widening to eighty feet and repaving the roadway of Constitution Avenue northwest, First Street to Second Street, in accordance with plans therefor to be jointly approved by the National Capitol Park and Planning Commission and the Commissioners of the District of Columbia, including the necessary reconstruction, relocation, changes, and adjustments of all water mains, sewers in advance of paving, trees, sidewalks, lamp posts, fire hydrants or other structures affected, and including personal services and all necessary incidental expenses,

Transfer from Arlington Memorial Bridge, construction appropriation.

Post, p. 285.

and the total cost of said work shall not exceed $76,235, of which sum not to exceed $30,494 shall be transferred from and in accordance with the appropriation in the Independent Offices Appropriation Act, 1934, for the construction of the Arlington Memorial Bridge.

miscellaneous road and street improvements and repairs

Opening streets, etc., permanent highway system.

Vol. 37, p. 950.

To carry out the provisions of existing law which authorize the Commissioners of the District of Columbia to open, extend, straighten, or widen any street, avenue, road, or highway, except Fourteenth Street extension beyond the southern boundary of Walter Reed Hospital Reservation, in accordance with the plan of the permanent

Indefinite appropriation for, from District revenues.

system of highways for the District of Columbia, there is appropriated such sum as is necessary for said purpose, including the procurement of chains of title, during the fiscal year 1934, to be paid

Provisos.

Alley improvements, building lines, etc.

wholly out of the revenues of the District of Columbia: Provided, That this appropriation shall be available to carry out the provisions of existing law for the opening, extension, widening, or straightening of alleys and minor streets and for the establishment

Limitation.

of building lines in the District of Columbia: Provided further, That the amount expended hereunder shall not exceed $25,000.

Changing sidewalk widths, etc.

The Commissioners of the District of Columbia are authorized and empowered, in their discretion, to fix or alter the respective widths of sidewalks and roadways (including tree spaces and parking) of all highways that may be improved under appropriations contained in this Act.

Open competition for street repair, etc., contracts.

No part of any appropriation contained in this Act shall be available for repairing, resurfacing, or newly paving any street, avenue, or roadway by private contract unless the specifications for such work shall be so prepared as to permit of fair and open competition in paving material as well as in price.

Repairs, due to inferior work by contractor.

In addition to the provision of existing law requiring contractors to keep new pavements in repair for a period of one year from the date of the completion of the work, the Commissioners of the District of Columbia shall further require that where repairs are necessary

Repayment.

during the four years following the said one-year period, due to inferior work or defective materials, such repairs shall be made at the expense of the contractor, and the bond furnished by the contractor shall be liable for such expense.

Laboratory tests.

No part of the appropriations contained in this Act shall be used for the operation of a testing laboratory of the highways department for making tests of materials in connection with any activity of the District government.

231 bridges and wharves

Bridges and wharves.

Benning Bridge over the Anacostia River: For completing the

Benning, over Anacostia River.

Completing construction.

construction of a bridge to replace the bridge and trestle in line of Benning Road over the Anacostia River in accordance with the provisions and conditions contained in the District of Columbia Appropriation Act for the fiscal year 1933, $148,500.

For reconstruction, where necessary, and for maintenance and

Reconstructing, etc., wharves.

repair of wharves under the control of the Commissioners of the District of Columbia, in the Washington Channel of the Potomac River, $5,000.

trees and parkings

Trees and parkings.

For personal services, $22,000.

Personal services.

For contingent expenses, including laborers, trimmers, nurserymen,

Contingent expenses.

repairmen, teamsters, hire of carts, wagons, or motor trucks, trees, tree boxes, tree stakes, tree straps, tree labels, planting and care of trees on city and suburban streets, care of trees, tree spaces, purchase and maintenance of nonpassenger-carrying motor vehicles, and miscellaneous items, $84,000.

SEWERS

Sewers.

Salaries, sewer department: For personal services, $160,000.

Personal services.

For cleaning and repairing sewers and basins, including the

Cleaning, repair, etc.

replacement of the following motor trucks: One at not to exceed $650; one at not to exceed $750; one at not to exceed $2,000; for operation and maintenance of the sewage pumping service, including repairs to boilers, machinery, and pumping stations, and employment of mechanics and laborers, purchase of coal, oil, waste, and other supplies, and for the maintenance of nonpassenger-carrying motor vehicle used in this work, $195,000.

For main and pipe sewers and receiving basins, $100,000.

Main and pipe.

For suburban sewers, including the maintenance of nonpassenger-carrying

Suburban.

motor vehicles used in this work, and the replacement of the following motor trucks: Three at not to exceed $650 each; one at not to exceed $3,500; $175,000.

For assessment and permit work, sewers, including not to exceed

Assessment and permit work.

$1,000 for purchase or condemnation of rights of way for construction, maintenance, and repair of public sewers, $75,000.

COLLECTION AND DISPOSAL OF REFUSE

City refuse.

For personal services, $120,000.

Personal services.

For dust prevention, sweeping, and cleaning streets, avenues, alleys,

Sweeping, cleaning, snow and ice removal, etc.

and suburban streets, under the immediate direction of the Commissioners, and for cleaning snow and ice from streets, sidewalks, crosswalks, and gutters in the discretion of the Commissioners, including services and purchase and maintenance of equipment, rent of storage rooms; maintenance and repair of stables; hire and maintenance of horses; hire, purchase, maintenance, and repair of wagons, harness, and other equipment; maintenance and repair of nonpassenger-carrying motor-propelled vehicles necessary in cleaning streets and purchase of motor-propelled street-cleaning equipment; and necessary incidental expenses, $375,000.

To enable the Commissioners to carry out the provisions of existing

Garbage, dead animals, ashes, etc.

law governing the collection and disposal of garbage, dead animals, night soil, and miscellaneous refuse and ashes in the District of Columbia, including inspection; fencing of public and private property designated by the Commissioners as public dumps; and 232

Reduction plant.

incidental expenses, $800,000, including not to exceed $14,000 for

Provisos.

Proceeds covered in; division of.

repair and improvement of the garbage-reduction plant: Provided, That any proceeds received from the disposal of city refuse or garbage shall be paid into the Treasury of the United States to the credit of the United States and the District of Columbia in the

Collections restricted.

manner provided by law: Provided further, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses of four or more apartments in which the landlord furnishes heat to tenants.

Incinerator in southeast section forbidden.

No part of the funds appropriated in this Act shall be available for the operation of a high-temperature incinerator for the disposal of combustible refuse in the southeast section of the District of Columbia.

Public playgrounds.

PUBLIC PLAYGROUNDS

Personal services.

Proviso.

Employments restricted.

For personal services, $97,167: Provided, That employments hereunder, except directors who shall be employed for twelve months, shall be distributed as to duration in accordance with corresponding employments provided for in the District of Columbia Appropriation Act for the fiscal year 1924.

Maintenance, etc.

For general maintenance, repairs and improvements, equipment, supplies, incidental and contingent expenses of playgrounds, including labor and maintenance of one motor truck, $30,000, of which $5,000 shall be available for putting the Northeast Playground in condition for play purposes.

Public school playgrounds during summer.

For the maintenance and contingent expenses of keeping open during the summer months the public-school playgrounds, under the direction and supervision of the Commissioners; for special and temporary services, directors, assistants, and janitor service during the summer vacation, and, in the larger yards, daily after school hours during the school term, $25,000.

Swimming pools.

For supplies, repairs, maintenance, and necessary expenses of operating three swimming pools, $2,568.

Bathing pools.

Bathing pools: For superintendence, $510; for temporary services, supplies, and maintenance, $3,500; for repairs to buildings, pools, and upkeep of grounds, $1,215; in all, $5,225.

Electrical department.

ELECTRICAL DEPARTMENT

Personal services.

For personal services, $115,000.

Supplies, contingent expenses, etc.

For general supplies, repairs, new batteries and battery supplies, telephone rental and purchase, telephone service charges, wire and cable for extension of telegraph and telephone service, repairs of lines and instruments, purchase of poles, tools, insulators, brackets, pins, hardware, cross arms, ice, record book, stationery, livery, blacksmithing, extra labor, new boxes, maintenance of motor trucks and other necessary items, $29,000.

Placing wires underground.

Police patrol and fire alarm systems, etc.

For placing wires of fire alarm, police patrol, and telephone services underground, extension and relocation of police-patrol and firealarm systems, purchase and installing additional lead-covered cables, labor, material, appurtenances, and other necessary equipment and expenses, $15,000.

Lighting, etc.

Lighting: For purchase, installation, and maintenance of public lamps, lampposts, street designations, lanterns, and fixtures of all kinds on streets, avenues, roads, alleys, and public spaces, part cost of maintenance of airport and airway lights necessary for operation

Air mail lights.

of the air mail, and for all necessary expenses in connection therewith, including rental of storerooms, extra labor, operation, maintenance, and repair of motor trucks, this sum to be expended in accord-233ance with the provisions of sections 7 and 8 of the District of

Vol. 36, p. 1008; Vol. 37, p. 181.

Columbia Appropriation Act for the fiscal year 1912 (36 Stat., pp. 1008–1011, sec. 7), and with the provisions of the District of Columbia Appropriation Act for the fiscal year 1913 (37 Stat., pp. 181–184, sec. 7), and other laws applicable thereto, and including not to exceed $26,000 for operation and maintenance of electric traffic lights, signals,

Traffic signals, etc.

and controls, $800,000, together with $25,000 of the unexpended balance of the appropriation for this purpose for the fiscal year 1933: Provided, That this appropriation shall not be available for the payment

Provisos.

Electric street lighting rates.

of rates for electric street lighting in excess of those authorized to be paid in the fiscal year 1927, and payment for electric current for new forms of street lighting shall not exceed 2 cents per kilowatt-hour for current consumed: Provided further, That no part of this

Awards to lowest contractor.

appropriation shall be available for the payment on any contract required by law to be awarded through competitive bidding, which is not awarded to the lowest responsible bidder on specifications, and such specifications shall be so drawn as to admit of fair competition.

PUBLIC SCHOOLS

Public schools.

For personal services of administrative and supervisory officers

Personal services.

in accordance with the Act fixing and regulating the salaries of teachers, school officers, and other employees of the Board of Education

Vol. 43, p. 368.

of the District of Columbia, approved June 4, 1924 (43 Stat., pp. 367–375), including salaries of presidents of teachers colleges in the salary schedule for first assistant superintendents, $550,000.

For personal services of clerks and other employees, $138,000.

Clerks, etc.

For personal services in the department of school attendance and

School attendance and work permit department.

Vol. 43, pp. 367–375, 806–808, Vol. 45, p. 998.

work permits in accordance with the Act approved June 4, 1924 (43 Stat., pp. 367–375), the Act approved February 5, 1925 (43 Stat., pp. 806–808), and the Act approved May 29, 1928 (45 Stat., p. 998), $33,413.

For personal services of teachers and librarians in accordance

Teachers, librarians, etc.

Vol. 43, pp. 367–375.

with the Act approved June 4, 1924 (43 Stat., pp. 367–375), including for teachers colleges assistant professors in salary class eleven, and professors in salary class twelve, $5,432,760: Provided,

Provisos.

Assignment of kindergarten teachers, grades 1–4.

That as teacher vacancies occur during the fiscal year 1934 in grades one to four, inclusive, of the elementary schools, such vacancies may be filled by the assignment of teachers now employed in kindergartens, and teachers employed in kindergartens are hereby made eligible to teach in the said grades: Provided further, That teaching

Placing unassigned teachers of special, etc., subjects.

vacancies that occur during the fiscal year 1934 wherever found may be filled by the assignment of teachers of special subjects and teachers not now assigned to classroom instruction, and such teachers are hereby made eligible for such assignment without further examination: Provided further, That in the interests of economy the

Temporary services.

Board of Education may at its discretion during the fiscal year 1934 appoint as temporary teachers in public schools of the District of Columbia qualified teachers from the eligible list of applicants established by examinations: Provided further, That in filling all

Preference in filling vacancies.

such vacancies teachers now in the schools shall have the preference.

For the instruction and supervision of children in the vacation

Vacation schools.

schools and playgrounds, and supervisors and teachers of vacation schools and playgrounds may also be supervisors and teachers of day schools, $25,000.

No part of any appropriation made in this Act shall be paid to

Soliciting subscriptions, etc., in schools prohibited.

any person employed under or in connection with the public schools of the District of Columbia who shall solicit or receive, or permit 234 to be solicited or received, on any public-school premises, any subscription or donation of money or other thing of value from any pupil enrolled in such public schools for presentation of testimonials

Exception.

to school officials or for any purpose except such as may be authorized by the Board of Education at a stated meeting upon the written recommendation of the Superintendent of Schools.

To carry out the purposes of the Act approved June 11, 1926,

Annuities.

Vol. 44, p. 728; Vol. 41, p. 387.

entitled “An Act to amend the Act entitled ‘An Act for the retirement of public-school teachers in the District of Columbia approved January 15, 1920, and for other purposes” (41 Stat., pp. 387–390), $400,000.

Night schools.

night schools

Salaries.

For teachers and janitors of night schools, including teachers of industrial, commercial, and trade instruction, and teachers and janitors of night schools may also be teachers and janitors of day schools, $75,000.

Contingent expenses.

For contingent and other necessary expenses, including equipment and purchase of all necessary articles and supplies for classes in industrial, commercial, and trade instruction, $4,000.

Deaf, dumb, and blind.

the deaf, dumb, and blind

Instruction of deaf and dumb.

For maintenance and instruction of deaf and dumb persons admitted to the Columbia Institution for the Deaf from the District of Columbia, under section 4864 of the Revised Statutes, and

R.S., sec. 4864, p. 942.

Vol. 31, p. 844.

U.S.C., p. 685.

as provided for in the Act approved March 1, 1901 (U.S.C., title 24, sec. 238), and under a contract to be entered into with the said institution by the Commissioners, $32,000.

Colored deaf mutes.

For maintenance and instruction of colored deaf-mutes of teachable age belonging to the District of Columbia, in Maryland, or some

Tuition, under contract.

Proviso.

Supervision.

other State, under a contract to be entered into by the Commissioners, $6,000: Provided, That all expenditures under this appropriation shall be made under the supervision of the Board of Education.

Blind children.

Tuition, under contract.

Proviso.

Supervision of expenses.

For maintenance and instruction of blind children of the District of Columbia, in Maryland, or some other State, under a contract to be entered into by the Commissioners, $10,000: Provided, That all expenditures under this appropriation shall be made under the supervision of the Board of Education.

Americanization work.

americanization work

Instructing foreigners of all ages.

For Americanization work and instruction of foreigners of all ages in both day and night classes, and teachers and janitors of Americanization schools may also be teachers and janitors of the day schools, $7,500.

Contingent expenses.

For contingent and other necessary expenses, including books, equipment, and supplies, $600.

Community centers.

community center department

Salaries and expenses.

For personal services of the director, general secretaries, and community secretaries in accordance with the Act approved June 4, 1924

Vol. 43, pp. 369, 375.

(43 Stat., pp. 369, 370); clerks and part-time employees, including janitors on account of meetings of parent-teacher associations and other activities, and contingent expenses, equipment, supplies, and lighting fixtures, $30,000. 235 care of buildings and grounds

Care of buildings and grounds.

For personal services, including care of smaller buildings and

Personal services.

rented rooms at a rate not to exceed $96 per annum for the care of each schoolroom, other than those occupied by atypical or ungraded

Smaller buildings and rented rooms.

classes, for which service an amount not to exceed $120 per annum may be allowed, $750,000. miscellaneous

Miscellaneous.

For the maintenance of schools for tubercular and crippled pupils,

Schools for tubercular and crippled pupils.

$9,000.

For transportation for pupils attending schools for tubercular

Transportation.

pupils, and for pupils attending schools for crippled pupils, $18,500: Provided, That expenditures for street car and bus fares, from this

Proviso.

Car, etc., fares allowed.

fund shall not be subject to the general limitations on the use of street car and bus fares covered by this Act.

For purchase and repair of furniture, tools, machinery, material,

Manual, etc., training expenses.

and books, and apparatus to be used in connection with instruction in manual and vocational training, and incidental expenses connected therewith, $60,000, to be immediately available.

For fuel, gas, and electric light and power, $240,000.

Fuel, light, power, etc.

furniture

Furniture.

For completely furnishing and equipping buildings and additions

Equipping designated buildings.

to buildings, as follows: School in Foxhall Village, $3,200; Phelps Vocational School, $40,000; Logan School, $6,000; Keene School, $6,000; Bancroft school, $5,600; Douglass-Simmons assembly-gymnasium and M Street Junior High School gymnasium, $3,040; in all,

Immediately available.

$63,840, to be immediately available and to continue available until June 30, 1935.

For contingent expenses, including United States flags, furniture

Contingent expenses.

and repairs of same, stationery, ice, paper towels, and other necessary items not otherwise provided for, and including not exceeding $8,000 for books of reference and periodicals, not exceeding $1,500 for replacement of pianos at an average cost of not to exceed $300 each, not exceeding $5,000 for labor, $120,000, to be immediately available: Provided, That a bond shall not be required on account of military

Proviso.

No bond required for Army supplies to cadets.

supplies or equipment issued by the War Department for military instruction and practice by the students of high schools in the District of Columbia.

No money appropriated in this Act for the purchase of furniture

Purchases subject to Commissioners’ approval.

and equipment for the public schools of the District of Columbia shall be expended unless the requisitions of the Board of Education therefor shall be approved by the Commissioners of the District of Columbia, or by the purchasing officer and the auditor for the District of Columbia acting for the Commissioners.

For textbooks and other educational books and supplies as authorized

Supplies to pupils.

Vol. 46, p. 62.

by the Act of January 31, 1930 (46 Stat., p. 62), including not to exceed $7,000 for personal services, $180,000, to be immediately available.

For maintenance of kindergartens, $5,600, to be immediately

Kindergartens.

available.

For purchase of apparatus, fixtures, specimens, technical books,

Supplies for physics, etc., departments.

and for extending the equipment and for the maintenance of laboratories of the department of physics, chemistry, biology, and general science in the several high and junior high schools and teachers colleges, and for the installation of the same, $15,000, to be immediately available.

236

School gardens.

For utensils, material, and labor, for establishment and maintenance of school gardens, including rent of grounds, $2,000.

Nature study, etc., teachers.

The Board of Education is authorized to designate the months in which the ten salary payments now required by law shall be made to teachers assigned to the work of instruction in nature study and school gardens.

Children of Army, Navy, etc., admitted free.

The children of officers and men of the United States Army, Navy, and Marine Corps, and children of other employees of the United States stationed outside the District of Columbia shall be admitted to the public schools without payment of tuition.

Repairs, etc., to buildings.

For repairs and improvements to school buildings, repairing and renewing heating, plumbing, and ventilating apparatus, installation and repair of electric equipment, and installation of sanitary drinking fountains, and maintenance of motor trucks, $325,000, of which amount $100,000 shall be immediately available.

Equipment, etc., school-yard playgrounds.

Proviso.

Use, etc.

For the purchase, installation, and maintenance of equipment, for school yards for the purposes of play of pupils, $7,500: Provided, That such playgrounds shall be kept open for play purposes in accordance with the schedule maintained for playgrounds under the jurisdiction of the playground department.

Buildings and grounds.

buildings and grounds

Construction, etc., designated schools; payable from balances for the Municipal Center.

Vol. 46, p. 1384; Vol. 47, p. 350.

Not to exceed $570,000 of any unexpended balances of appropriations contained in the District of Columbia appropriation Acts for the fiscal years 1932 and 1933 for the Municipal Center is hereby reappropriated and made available for the construction of public-school buildings as follows:

Logan.

Post, p. 860.

For the erection of an eight-room building on a site already appropriated for in the vicinity of the Logan School, $95,000;

Reno, senior high.

For beginning the construction of a senior high school building at Forty-first and Chesapeake Streets northwest, in the Reno section,

Contracts authorized.

$475,000, and the Commissioners are authorized to enter into contract or contracts for such building at a cost not to exceed $1,150,000;

Total; immediately available.

Accounted as one fund.

Provisos.

Use for unauthorized projects forbidden.

In all, $570,000, to be immediately available and to be disbursed and accounted for as “Buildings and grounds, public schools”, and for that purpose shall constitute one fund and remain available until expended: Provided, That no part of this appropriation shall be used for or on account of any school building not herein specified.

Under-age instruction prohibited.

No part of the foregoing appropriations for public schools shall be used for instructing children under five years of age except children entering during the first half of the school year who will be five years of age by November 1, 1933, and children entering during the second half of the school year who will be five years of age by

Webster School provisions.

March 15, 1934: Provided, That this limitation shall not be considered as preventing the employment of a matron and the care of children under school age at the Webster School whose parent or parents are in attendance in connection with Americanization work.

Building contract requirements.

None of the money appropriated by this Act shall be paid or obligated toward the construction of or addition to any building the whole and entire construction of which, exclusive of heating, lighting, plumbing, painting, and treatment of grounds, shall not have been awarded in one or a single contract, separate and apart from any other contract, project, or undertaking, to the lowest responsible bidder complying with all the legal requirements as to a. deposit of money or the execution of a bond, or both, for the faithful performance of the contract: Provided, That nothing herein shall be

Right to reject bids.

construed as repealing existing law giving the Commissioners the right to reject all bids.

237

The plans and specifications for all buildings provided for in this

Preparation of plans.

Act under appropriations administered by the Commissioners of the District of Columbia shall be prepared under the supervision of the municipal architect, and those for school buildings after consultation with the Board of Education, and shall be approved by the commissioners and shall be constructed in conformity thereto.

The school buildings authorized and appropriated for herein shall

Exit, etc., requirements.

be constructed with all doors intended to be used as exits or entrances opening outward, and each of said buildings having in excess of eight rooms shall have at least four exists. ¹¹ So in original. Appropriations carried in this Act shall not be used for the maintenance of school in any building unless all outside doors thereto used as exits or entrances shall open outward and be kept unlocked every school day from one half hour before until one half hour after school hours.

METROPOLITAN POLICE

Police.

salaries

For the pay and allowances of officers and members of the Metropolitan

Salaries, etc.

Vol. 43, p. 174; Vol. 46, p. 839.

Police Force, in accordance with the Act entitled “An Act to fix the salaries of the Metropolitan Police Force, the United States Park Police Force, and the fire department of the District of Columbia” (43 Stat., pp. 174–175), as amended by the Act of July 1, 1930 (46 Stat., pp. 839–841), including compensation at the rate of $2,100 per annum for the present assistant property clerk of the police department, $2,570,000.

For personal services, $103,000.

Personal services.

miscellaneous

Miscellaneous.

For fuel, $7,000.

Fuel.

For repairs and improvements to police stations and station

Repairs, etc.

grounds, $8,000.

For miscellaneous and contingent expenses, including rewards for

Contingent expenses.

fugitives, purchase of gas equipment and firearms, maintenance of card system, stationery, city directories, books of reference, periodicals, newspapers, telegraphing, telephoning, photographs, rental and maintenance of teletype system and labor-saving devices, telephone service charges, purchase, maintenance and servicing of radio broadcasting

Radio system.

systems, including purchase of equipment, gas, ice, washing, meals for prisoners, medals of award, not to exceed $300 for car tickets, furniture and repair thereto, beds and bed clothing, insignia of office, police equipments and repairs to same, and mounted equipment, flags and halyards, storage of stolen or abandoned property, and traveling and other expenses incurred in prevention and detection

Prevention and detection of crime.

of crime and other necessary expenses, including expenses of harbor patrol, $70,000, of which amount not exceeding $2,000 may be expended by the major and superintendent of police for prevention and detection of crime, under his certificate, approved by the Commissioners, and every such certificate shall be deemed a sufficient voucher for the sum therein expressed to have been expended: Provided,

Proviso.

Speedometer repairs.

That the Commissioners are authorized to employ the electrician of the District Building to repair speedometers at such cost not exceeding $250 as they may approve payment to be in addition to his regular compensation, and such services to be performed after regular working hours.

For purchase, exchange, and maintenance of passenger-carrying

Motor vehicles.

and other motor vehicles and the replacement of those worn out in the service and condemned, $60,000, including not to exceed $2,000 for two patrol wagons and not to exceed $2,800 for two police cruisers.

238

Uniforms.

Uniforms: For furnishing uniforms and other official equipment prescribed by department regulations as necessary and requisite in the performance of duty to officers and members of the Metropolitan Police, including cleaning, alteration, and repair of articles transferred from one individual to another, $45,000.

House of Detention.

house of detention

Maintenance, etc.

For maintenance of a suitable place for the reception and detention of girls and women over seventeen years of age, arrested by the police on charge of offense against any laws in force in the District of Columbia, or held as witnesses or held pending final investigation or examination, or otherwise, including transportation, the purchase and maintenance of necessary motor vehicles, clinic supplies, food, upkeep and repair of buildings, fuel, gas, ice, laundry, supplies and equipment, electricity, and other necessary expenses, $8,880; for personal services, $7,120; in all, $16,000.

Policemen, etc., relief fund.

POLICEMEN AND FIREMEN’S RELIEF FUND

Payments from.

To pay the relief and other allowances as authorized by law, such sum as is necessary for said purposes for the fiscal year 1934 is appropriated from the policemen and firemen’s relief fund.

Fire Department.

FIRE DEPARTMENT salaries

Salaries, officers, etc.

Vol. 43, p. 175; Vol. 46, p. 839.

For the pay of officers and members of the fire department, in accordance with the Act entitled “An Act to fix the salaries of officers and members of the Metropolitan Police Force, the United States Park Police Force, and the fire department of the District of Columbia” (43 Stat. 175), as amended by the Act of July 1, 1930 (46 Stat. 839–841), $1,800,000.

Personal services.

For personal services, $4,794.

miscellaneous

Repairs, etc., to buildings.

For repairs and improvements to buildings and grounds, $20,000.

Uniforms, etc.

Uniforms: For furnishing uniforms and other official equipment prescribed by department regulations as necessary and requisite in the performance of duty to officers and members of the fire department, including cleaning, alteration, and repair of articles transferred from one individual to another, $21,000.

Repairs to apparatus, etc.

For repairs to apparatus, motor vehicles, and other motor-driven apparatus, fire boat and for new apparatus, new motor vehicles, new appliances, employment of mechanics, helpers, and laborers in the fire department repair shop, and for the purchase of necessary supplies, materials, equipment, and tools, $41,000: Provided, That the Commissioners are authorized, in their discretion, to build or construct, in whole or in part, fire-fighting apparatus in the fire department repair shop.

Hose, fuel, etc.

For hose, $9,000.

For fuel, $20,000.

For contingent expenses, furniture, fixtures, oil, blacksmithing, gas and electric lighting, flags and halyards, medals of award, and other necessary items, $20,000.

239 HEALTH DEPARTMENT

Health Department.

salaries For personal services, $155,000.

Personal services.

prevention of contagious diseases

Prevention of contagious diseases.

For contingent expenses incident to the enforcement of the provisions

Enforcement expenses.

Vol. 29, p. 635.

of an Act to prevent the spread of contagious diseases in the District of Columbia, approved March 3, 1897 (29 Stat., pp. 635–641), and an Act for the prevention of scarlet fever, diphtheria, measles, whooping cough, chicken pox, epidemic cerebrospinal

Vol. 34, p. 889.

meningitis, and typhoid fever in the District of Columbia, approved February 9, 1907 (34 Stat., pp. 889–890), and an Act to provide for registration of all cases of tuberculosis in the District of Columbia,

Registration of tuberculosis.

Vol. 35, p. 126.

for free examination of sputum in suspected cases, and for preventing the spread of tuberculosis in said District of Columbia, approved May 13, 1908 (35 Stat., pp. 126–127), under the direction of the health officer of said District, manufacture of serums, including their use in indigent cases, and for the prevention of infantile

Infantile paralysis.

paralysis and other communicable diseases, and of an Act for the prevention of venereal diseases in the District of Columbia, and for other purposes, approved February 26, 1925 (43 Stat., pp. 1001–1003),

Venereal diseases.

Vol. 43, p. 1001.

Disinfecting service.

and for maintenance of disinfecting service, including salaries or compensation for personal services, when ordered in writing by the Commissioners and necessary for the enforcement and execution of said Acts, and for the prevention of such other communicable diseases as hereinbefore provided, and purchase of reference books and medical journals, $28,000: Provided, That any bacteriologist

Proviso.

Bacteriological examination of milk, etc.

employed under this appropriation may be assigned by the health officer to the bacteriological examination of milk and other dairy products and of the water supplies of dairy farms, and to such other sanitary works as in the judgment of the health officer will promote the public health, whether such examinations be or be not directly related to contagious diseases.

For isolating wards for minor contagious diseases at Garfield

Isolating wards, Garfield Hospital.

Memorial Hospital, maintenance, $22,500, or so much thereof as in the opinion of the Commissioners may be necessary.

For the maintenance of a dispensary or dispensaries for the treatment

Maintenance of dispensaries, etc.

of indigent persons suffering from tuberculosis and of indigent persons suffering from venereal diseases, including payment for personal services, rent, supplies, and contingent expenses, $33,112:

Provisos.

Volunteer services.

Provided, That the Commissioners may accept such volunteer services as they deem expedient in connection with the establishment and ma intenance of the dispensaries herein authorized: Provided further,

No pay therefor authorized.

That this shall not be construed to authorize the expenditure or the payment of any money on account of any such volunteer service.

For enforcement of the provisions of an Act to provide for the

Drainage of lots, etc.

Vol. 29, p. 126.

Abatement of nuisances.

Vol. 34, p. 114.

drainage of lots in the District of Columbia, approved May 19, 1896 (29 Stat., pp. 125–126), and an Act to provide for the abatement of nuisances in the District of Columbia by the Commissioners, and for other purposes, approved April 14, 1906, $500.

hygiene and sanitation, public schools

Hygiene, etc., public schools.

Salaries: For personal services in the conduct of hygiene and

Personal services.

Dental clinics.

Proviso.

Division of inspectors and nurses.

sanitation work in the public schools, including the necessary expenses of maintaining free dental clinics, $80,000: Provided, That of the persons employed as medical inspectors one shall be a woman, four shall be dentists, and four shall be of the colored race, and that 240 of the graduate nurses employed as public-school nurses three shall be of the colored race.

Maintenance of laboratories, etc.

For maintenance of laboratories, including reference books and periodicals, apparatus, equipment, and necessary contingent and miscellaneous expenses, $2,000.

Preventing food, candy, etc., adulterations.

Vol. 30, pp. 246, 398.

For contingent expenses incident to the enforcement of an Act relating to the adulteration of foods and drugs in the District of Columbia approved February 17, 1898 (30 Stat., pp. 246–248), an Act to prevent the adulteration of candy in the District of Columbia,

Pure food law.

Vol. 34, p. 768.

approved May 5, 1898 (30 Stat., p. 398), an Act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes, approved June 30, 1906 (34 Stat., pp. 768–772), and an Act to regulate, within the

Milk regulations.

Vol. 43, p. 1004.

District of Columbia, the sale of milk, cream, and ice cream, and for other purposes, approved February 27, 1925 (43 Stat., pp. 1004–1008), including traveling and other necessary expenses of dairyfarm inspectors; and including not to exceed $100 for special services in detecting adulteration of drugs and foods, including candy and

Proviso.

Dairy farm inspection; motor vehicle allowance.

milk, $6,000: Provided, That inspectors of dairy farms may receive an allowance for furnishing privately owned motor vehicles in the performance of official duties at the rate of not to exceed $312 per annum for each inspector.

Ambulances, etc.

For maintenance and operation of motor ambulances and motor vehicles, $800.

Child welfare and hygiene.

Child welfare and hygiene: For maintaining a child-hygiene service. including the establishment and maintenance of child-welfare stations for the clinical examinations, advice, care, and maintenance of children under six years of age, payment for personal services,

Provisos.

Volunteer service may be accepted.

rent, fuel, periodicals, and supplies, $44,000: Provided, That the Commissioners may accept such volunteer services as they may deem expedient in connection with the establishment and maintenance of

No pay therefor.

the service herein authorized: Provided further, That this shall not be construed to authorize the expenditure or the payment of any money on account of any such volunteer service.

Courts and prisons.

COURTS AND PRISONS

Juvenile Court.

juvenile court

Personal services.

Salaries: For personal services, $50,000.

Jurors.

Miscellaneous: For compensation of jurors, $1,125.

Contingent expenses.

For fuel, ice, gas, laundry work, stationery, books of reference, periodicals, typewriters and repairs thereto, preservation of records, mops, brooms, and buckets, removal of ashes and refuse, telephone service, traveling expenses, meals of jurors and prisoners, repairs to courthouse and grounds, furniture, fixtures, and equipment, and other incidental expenses not otherwise provided for, $2,750.

Advances authorized for returning, etc., absconding probationers.

The disbursing officer of the District of Columbia is authorized to advance to the chief probation officer of the juvenile court upon requisition previously approved by the judge of the juvenile court and the auditor of the District of Columbia, sums of money not to exceed $50 at any one time, to be expended for transportation and traveling expenses to secure the return of absconding probationers, and to be accounted for monthly on itemized vouchers to the accounting officer of the District of Columbia.

241 police court

Police Court.

Salaries: For personal services, $85,000.

Personal services.

For law books, books of reference, directories, periodicals, stationery,

Contingent expenses.

preservation of records, typewriters and repairs thereto, fuel, ice, gas, electric lights and power, telephone service, laundry work, removal of ashes and rubbish, mops, brooms, buckets, dusters, sponges, painter’s and plumber’s supplies, toilet articles, medicines, soap and disinfectants, lodging and meals for jurors and bailiffs when ordered by the court, United States flags and halyards, and all other necessary and incidental expenses of every kind not otherwise provided for, $5,500.

For witness fees and compensation of jurors, $23,000.

Witnesses and jurors.

For repairs and alterations to building, $1,420.

Building repairs, etc.

municipal court

Municipal Court.

Salaries: For personal services, including compensation of five

Salaries.

judges without reference to the limitation in this Act restricting salaries within the grade, $63,000.

For compensation of jurors, $4,000: Provided, That deposits made

Jurors.

Deposits for jury trials earned unless new date set.

Vol. 41, p. 1312.

on demands for jury trials in accordance with rules prescribed by the court under authority granted in section 11 of the Act approved March 3, 1921 (41 Stat., p. 1312), shall be earned unless, prior to three days before the time set for such trials, including Sundays and legal holidays, a new date for trial be set by the court, cases be discontinued or settled, or demands for jury trials be waived.

For contingent expenses, including books, law books, books of

Contingent expenses.

reference, fuel, light, telephone, lodging and meals for jurors, and for deputy United States marshals while in attendance upon jurors, when ordered by the court; fixtures, repairs to furniture, building and building equipment, and all other necessary miscellaneous items and supplies, $2,750.

supreme court, district of columbia

District Supreme Court.

Salaries: For the chief justice, eight associate justices, nine stenographers

Salaries.

(one for the chief justice and one for each associate justice), and other personal services, $112,000.

Fees of jurors and witnesses: For mileage and per diem of jurors,

Jurors and witnesses.

for mileage and per diem of witnesses and for per diem in lieu of subsistence, and payment of the expenses of witnesses in said court as provided by section 850, Revised Statutes (U.S.C., title 28, sec. 604), $85,000.

For not exceeding twenty deputy marshals who act as bailiffs,

Bailiffs, etc.

clerks of jury commissioners, and per diems of jury commissioners, and for expenses of meals and lodging for jurors in United States cases, and of bailiffs in attendance upon same when ordered by the court, $31,942: Provided, That the compensation of each jury commissioner

Proviso.

Jury commissioners.

for the fiscal year 1934 shall not exceed $250.

Probation system: For personal services, $9,758; contingent

Probation system.

expenses, $242; in all, $10,000.

Courthouse: For personal services for care and protection of the

Courthouse, care, etc.

courthouse, under the direction of the United States marshal of the District of Columbia, $30,000, to be expended under the direction of the Attorney General.

For repairs and improvements to the courthouse, including repair

Repairs, etc.

and maintenance of the mechanical equipment, and for labor and material and every item incident thereto, $4,000, to be expended under the direction of the Architect of the Capitol.

242

Court of Appeals.

court of appeals

Salaries.

Salaries: For the chief justice and four associate justices, and all other officers and employees of the court; reporting service; and not to exceed $950 for necessary expenditures in the conduct of the

Proviso.

Sale of reports.

clerk’s office; in all, $83,500: Provided, That the reports of the court shall not be sold for a price exceeding that approved by the court and for not more than $6.50 per volume.

Care, etc., of building.

Building: For personal services for care and protection of the Court of Appeals Building, including one mechanician, under the

Proviso.

Custodian.

direction of the Architect of the Capitol, $7,089: Provided, That the clerk of the court of appeals shall be the custodian of said building, under the direction and supervision of the justices of said court.

Incidental expenses.

For mops, brooms, buckets, disinfectants, removal of refuse, electrical supplies, books, and all other necessary and incidental expenses not otherwise provided for, $660.

Miscellaneous.

miscellaneous

Support of convicts out of the District.

Support of convicts: For support, maintenance, and transportation of convicts transferred from District of Columbia; expenses of shipping remains of deceased convicts to their homes in the United States, and expenses of interment of unclaimed remains of deceased convicts; expenses incurred in identifying and pursuing escaped convicts and rewards for their recapture; and discharge gratuities provided by law; to be expended under the direction of the Attorney General, $45,000.

Lunacy writs.

Expenses of executing.

Vol. 33, p. 740.

Writs of lunacy: For expenses attending the execution of writs de lunatico inquirendo and commitments thereunder in all cases of indigent insane persons committed or sought to be committed to Saint Elizabeths Hospital by order of the executive authority of the District of Columbia under the provisions of existing law, and expenses of commitments to the District Training School, including personal services, $7,957.

Miscellaneous, authorized by Attorney General.

Miscellaneous court expenses: For such miscellaneous expenses as may be authorized by the Attorney General for the Supreme Court of the District of Columbia and its officers, including the furnishing and collecting of evidence where the United States is or may be a party in interest, and including such expenses other than for personal services as may be authorized by the Attorney General for the Court of Appeals, District of Columbia, $35,000.

Printing and binding.

Printing and binding: For printing and binding for the Supreme Court and the Court of Appeals of the District of Columbia, except records and briefs in cases in which the United States is a party, $6,200.

Public Welfare.

PUBLIC WELFARE

Board of Public Welfare.

board of public welfare

Personal services.

For personal services, $96,000.

Child-welfare division.

division of child welfare

Administration expenses.

Administration: For administrative expenses, including placing and visiting children, city directory, purchase of books of reference and periodicals not exceeding $50, and all office and sundry expenses, $3,500, and no part of the money herein appropriated shall be used

Limitation on visiting wards of, outside the District, etc.

for the purpose of visiting any ward of the Board of Public Welfare placed outside the District of Columbia and the States of Virginia and Maryland; and a ward placed outside said District and the States of Virginia and Maryland shall be visited not less than once 243 a year by a voluntary agent or correspondent of said Board, and that said Board shall have power, upon proper showing, in its discretion, to discharge from guardianship any child committed to its care.

For board and care of all children committed to the guardianship

Board, etc., of children.

of said board by the courts of the District, and for temporary care of children pending investigation or while being transferred from place to place, with authority to pay not more than $1,500 each to institutions under sectarian control and not more than $400 for burial of children dying while under charge of the Board, $250,000.

To carry out the purposes of the Act entitled “An Act to provide

Home care of dependent children.

Vol. 44, p. 758.

home care for dependent children in the District of Columbia”, approved June 22, 1926 (44 Stat., pp. 758–760), including not to exceed $11,152 for personal services in the District of Columbia, $171,152: Provided, That this appropriation shall be so apportioned

Proviso.

Limitation on expenditure.

by the Commissioners as to prevent a deficiency therein, and no more than $100 per month shall be paid therefrom to any one family.

For the maintenance, under the jurisdiction of the Board of

Receiving, etc., home for children under 17.

Maintenance, etc.

Public Welfare, of a suitable place in a building entirely separate and apart from the House of Detention for the reception and detention of children under seventeen years of age arrested by the police on charge of offense against any laws in force in the District of Columbia, or committed to the guardianship of the Board, or held as witnesses, or held temporarily, or pending hearing, or otherwise, including transportation, food, clothing, medicine and medical supplies, rental, repair and upkeep of buildings, fuel, gas, electricity, ice, supplies and equipment, and other necessary expenses including not to exceed $15,940 for personal services, $34,000.

The disbursing officer of the District of Columbia is authorized to

Advances to director.

advance to the director of public welfare, upon requisitions previously approved by the auditor of the District of Columbia and upon such security as may be required of said director by the Commissioners, sums of money not to exceed $400 at any one time, to be used for

Limit.

expenses in placing and visiting children, traveling on official business of the Board, and for office and sundry expenses, all such expenditures to be accounted for to the accounting officers of the District of Columbia within one month on itemized vouchers properly approved.

jail

Jail.

Salaries: For personal services, $65,000.

Salaries.

For maintenance and support of prisoners of the District of

Maintenance and support of prisoners.

Columbia at the jail, expenses incurred in identifying and pursuing escaped prisoners and rewards for their recapture, repair and improvements to buildings, cells, and locking devices, newspapers, books, and periodicals not to exceed $100, maintenance of nonpassenger-carrying motor vehicle, and expense of electrocutions. $67,500.

GENERAL ADMINISTRATION, WORKHOUSE AND

Workhouse and Reformatory.

REFORMATORY, DISTRICT OF COLUMBIA

For personal services, $280,000.

Personal services.

For maintenance, care, and support of inmates, rewards for fugitives,

Maintenance, etc.

discharge gratuities provided by law, medical supplies, newspapers, books, books of reference, and periodicals, farm implements, tools, equipment, transportation expenses, purchase and maintenance of livestock and horses, purchase, exchange, maintenance, operation, and repair of nonpassenger-carrying vehicles and motor bus; fuel for

Fuel, etc.

heating, lighting, and power, and all other necessary items, $320,000.

244

Building construction.

Equipment.

Additional sum.

Vol. 46, p. 1404.

For continuing construction of permanent buildings, including sewers, water mains, roads, and other necessary utilities, and for equipment for new buildings, $42,800, together with a further sum of not exceeding $54,000 of the unexpended balance of the appropriation for maintenance, care, and support of inmates, and so forth, workhouse and reformatory, District of Columbia, contained in the District of Columbia Appropriation Act for the fiscal year 1932.

Repairs.

For repairs to buildings and grounds, and maintenance of utilities, marine and railroad transportation facilities, and mechanical equipment not used in industrial enterprises, $22,000.

Working capital.

To provide a working capital fund for such industrial enterprises as may be approved by the Commissioners of the District of Columbia,

Proviso.

Purchase of services and products.

$35,000: Provided, That the various departments and institutions of the District of Columbia and the Federal Government may purchase, at fair market prices, as determined by the Commissioners, such surplus products and services as meet their requirements; receipts from the sale of products and services shall be deposited to

Receipts deposited as revolving fund.

Availability, etc.

the credit of said working capital fund, and said fund, including all receipts credited thereto, shall be used as a revolving fund for the fiscal year 1934 for the purchase and repair of machinery, tools, and equipment, purchase of raw materials and manufacturing supplies, purchase, maintenance, and operation of nonpassenger-carrying vehicles, purchase and maintenance of horses, and purchase of fuel for manufacturing purposes; for freight, personal services, and all other necessary expenses; and for the payment to inmates or their dependents of such pecuniary earnings as the Commissioners may deem proper.

Advances authorized for returning absconders.

The disbursing officer of the District of Columbia is authorized to advance to the general superintendent of penal institutions, upon requisitions previously approved by the auditor of the District of Columbia, and upon such security as the Commissioners may require of said superintendent, sums of money not exceeding $200 at one time, to be used only for expenses in returning escaped prisoners, payable from the maintenance appropriations for the workhouse and reformatory, all such expenditures to be accounted for to the accounting officers of the District of Columbia within one month on itemized vouchers properly approved.

National Training School for Boys.

national training school for boys

Care, etc., of boys committed thereto.

For care and maintenance of boys committed to the National Training School for Boys by the courts of the District of Columbia under a contract to be made by the Board of Public Welfare with the authorities of said National Training School for Boys, $27,000.

National Training School for Girls.

national training school for girls

Personal services.

Contingent expenses.

Salaries: For personal services, $27,500.

For groceries, provisions, light, fuel, soap, oil, lamps, candles, clothing, shoes, forage, horseshoeing, medicines, medical attendance, transportation, labor, sewing machines, fixtures, books, magazines, and other supplies which represent greater educational advantages; stationery, horses, vehicles, harness, cows, pigs, fowls, sheds, fences, repairs, typewriting, stenography, and other necessary items, and including compensation not exceeding $1,500 for additional labor or

Apprehending absconders.

services; for identifying and pursuing escaped inmates and for rewards for their capture, for transportation and other necessary expenses incident to securing suitable homes for paroled or discharged girls, and for maintenance of nonpassenger-carrying motor vehicles, $31,000.

245 medical charities

Medical charities.

For care and treatment of indigent patients under contracts to be

Care, etc., of indigent patients at designated hospitals.

made by the Board of Public Welfare with the following institutions and for not to exceed the following amounts, respectively:

Children’s Hospital, $15,000.

Central Dispensary and Emergency Hospital, $45,000.

Eastern Dispensary and Casualty Hospital, $15,000.

Washington Home for Incurables, $10,000.

columbia hospital and lying-in asylum

Columbia Hospital.

For general repairs, including labor and material, to be expended

Repairs, etc.

in the discretion and under the direction of the Architect of the Capitol, $5,000. tuberculosis hospital

Tuberculosis Hospital.

For personal services, $73,500.

Personal services.

For provisions, fuel, forage, harness, and vehicles, and repairs to

Contingent expenses.

same, gas, ice, shoes, clothing, dry goods, tailoring, drugs and medical supplies, furniture and bedding, kitchen utensils, medical books, books of reference, and periodicals not to exceed $200, temporary services not to exceed $1,000, maintenance of motor truck, and other necessary items, $59,000.

For repairs and improvements to buildings and grounds, including

Repairs, etc.

roads and sidewalks, $3,000.

children’s tuberculosis sanatorium

Children’s Tuberculosis Sanatorium.

For personal services, maintenance, and other necessary expenses,

Maintenance, etc.

including maintenance of motor vehicles and the purchase and maintenance of horses and wagons, $25,000.

For completely furnishing and equipping the Children’s Tuberculosis

Equipment, etc.

Sanatorium, including not to exceed $1,950 for the purchase of one nonpassenger and two passenger-carrying motor vehicles

Motor vehicles.

(including one bus), $45,000.

gallinger municipal hospital

Gallinger Hospital.

Salaries: For personal services, including not to exceed $2,000 for

Personal services.

temporary labor, $295,000.

For maintenance of the hospital; for maintenance of the quarantine

Maintenance, etc.

station, smallpox hospital, and public crematorium, including expenses incident to furnishing proper containers for the reception, burial, and identification of the ashes of all human bodies of indigent persons that are cremated at the public crematorium and remain unclaimed after twelve months from the date of such cremation; for maintenance and purchase of horses and horse-drawn vehicles; for medical books, books of reference, and periodicals, not to exceed $500; for maintenance of nonpassenger-carrying motor vehicles; and for all other necessary expenses, $195,000.

For repairs and improvements to buildings and grounds, $4,500.

Repairs, etc.

Purchase of books, musical instruments and music, expense of

Incidental expenses.

commencement exercises, entertainments, and inspection by New York State Board of Regents, and other incidental expenses of the training school for nurses, $600.

district training school

District Training School.

For personal services, including not to exceed $1,000 for temporary

Personal services.

labor, $75,000.

246

Maintenance, etc.

For maintenance and other necessary expenses, including the maintenance of nonpassenger-carrying motor vehicles, the purchase and maintenance of horses and wagons, farm machinery and implements, $80,000.

Repairs, etc.

For repairs and improvements to buildings and grounds, $5,000.

Industrial Home School for Colored Children.

industrial home school for colored children

Personal services.

Salaries: For personal services, $30,575; temporary labor, $425; in all, $31,000.

Maintenance.

For maintenance, including purchase and maintenance of farm implements, horses, wagons, and harness, and maintenance of nonpassenger-carrying motor vehicles, and not to exceed $1,250 for manual-training equipment and materials, $25,000.

Repairs, etc.

For repairs and improvements to buildings and grounds, $1,928.

Deposit of receipts from products.

All moneys received at said school as income from sale of products and from payment of board or of instruction or otherwise shall be paid into the Treasury of the United States to the credit of the District of Columbia.

Industrial Home School.

industrial home school

Personal services.

Salaries: For personal services, $20,575; temporary labor, $425; in all, $21,000.

Maintenance.

For maintenance, including care of horses, purchase and care of wagon and harness, maintenance of nonpassenger-carrying motor vehicle, $21,000.

Repairs, etc.

For repairs and improvement to buildings and grounds, including not to exceed $2,000 for laundry equipment, $4,000.

Home for Aged and Infirm.

home for aged and infirm

Personal services.

Salaries: For personal services, $49,300; temporary labor, $1,700; in all, $51,000.

Contingent expenses.

For provisions, fuel, forage, harness, and vehicles and repairs to same, ice, shoes, clothing, dry goods, tailoring, drugs and medical supplies, furniture and bedding, kitchen utensils, and other necessary items, and maintenance of nonpassenger-carrying motor vehicles, $65,000.

Repairs, etc.; day labor.

For repairs and improvements to buildings and grounds, such work to be performed by day labor or otherwise in the discretion of the Commissioners, $4,500.

Municipal Lodging House, etc.

municipal lodging house and wood yard

Maintenance, etc.

For personal services, $2,934; maintenance, $4,066; in all, $7,000.

War Veterans’ Service office.

war veterans’ service office

Personal services.

For personal services, without reference to the Classification Act of 1923, as amended, to enable the municipal government to aid and advise war veteran residents of the District of Columbia and their dependents as to their rights and privileges under Federal legislation of which veterans and/or their dependents may be beneficiaries,

Assisting presentation of claims.

including assistance in the presentation of claims to the Veterans’ Administration or other appropriate Federal agencies, $5,100, to be expended under the direction of the Commissioners of the District of Columbia.

Emergency relief.

emergency relief

Relief of unemployed, etc., residents.

For the purpose of affording relief to residents of the District of Columbia who are unemployed or otherwise in distress because of 247 the existing emergency, to be expended by the Board of Public Welfare of the District of Columbia by employment and/or direct relief, in the discretion of the Board of Commissioners and under

Method of expenditure.

rules and regulations to be prescribed by the board and without regard to the provisions of any other law, payable from the revenues

Wholly from District revenues.

of the District of Columbia, $1,300,000, to be immediately available: Provided, That not to exceed 8 per centum of such amount shall be

Proviso.

Administrative expenses.

available for administrative expenses, including necessary personal services. temporary home for union ex-soldiers and sailors (department of the potomac, grand army of the republic) For personal services, $3,747; maintenance, $9,253; and repairs

Grand Army soldiers, etc., temporary home.

to buildings and grounds, $500; in all, $13,500, to be expended under the direction of the Commissioners; and Union ex-soldiers, sailors, or marines of the Civil War, ex-soldiers, sailors, or marines of the Spanish War, Philippine insurrection, or China relief expedition, and soldiers, sailors, or marines of the World War or who served prior to July 2, 1921, shall be admitted to the home, all under the supervision of a board of management. florence crittenton home

Florence Crittenton Home.

For care and maintenance of women and children under a contract

Maintenance, etc.

to be made with the Florence Crittenton Home by the Board of Public Welfare, maintenance, $6,000. southern relief society For care and maintenance of needy and infirm Confederate

Southern Relief Society, for needy Confederate veterans.

veterans, their widows and dependents, residents in the District of Columbia, under a contract to be made with the Southern Relief Society by the Board of Public Welfare, $10,000. national library for the blind For aid and support of the National Library for the Blind, located

National Library for the Blind.

at 1800 D Street Northwest, to be expended under the direction of the Commissioners of the District of Columbia, $5,000. columbia polytechnic institute To aid the Columbia Polytechnic Institute for the Blind, located

Columbia Polytechnic Institute.

at 1808 H Street Northwest, to be expended under the direction of the Commissioners of the District of Columbia, $3,000. saint elizabeths hospital

Saint Elizabeths Hospital.

For support of indigent insane of the District of Columbia in

Support of District insane.

Saint Elizabeths Hospital, as provided by law, $1,807,580. nonresident insane

For deportation of nonresident insane persons, in accordance with

Deporting nonresident insane.

Vol. 30, p. 811.

the Act of Congress “to change the proceedings for admission to the Government Hospital for the Insane in certain cases, and for other purposes”, approved January 31, 1899, including persons held in the psychopathic ward of the Gallinger Municipal Hospital, $5,500.

In expending the foregoing sum the disbursing officer of the District

Advances authorized to Director of Public Welfare.

of Columbia is authorized to advance to the Director of Public Welfare, upon requisitions previously approved by the auditor of the 248

Limitation.

District of Columbia, and upon such security as the Commissioners may require of said Director, sums of money not exceeding $300 at one time, to be used only for deportation of nonresident insane persons, and to be accounted for monthly on itemized vouchers to the accounting officer of the District of Columbia.

relief of the poor

Relief of the poor.

For relief of the poor, including medical and surgical supplies, artificial limbs, and for pay of physicians to the poor, to be expended under the direction of the Board of Public Welfare, $8,000.

Payment to abandoned families.

Vol. 34, p. 87.

Vol. 44, p. 758.

For payment to beneficiaries named in section 3 of “An Act making it a misdemeanor in the District of Columbia to abandon or willfully neglect to provide for the support and maintenance by any person of his wife or his or her minor children in destitute or necessitous circumstances”, approved March 23, 1906, to be disbursed by the disbursing officer of the District of Columbia on itemized vouchers duly audited and approved by the auditor of said District, $7,000.

Ex-service men.

burial of ex-service men

Burial of indigent, in Arlington Cemetery, etc.

For expenses of burying in the Arlington National Cemetery, or in the cemeteries of the District of Columbia, indigent Union ex-soldiers, ex-sailors, or ex-marines, of the United States service, either Regular or Volunteer, who have been honorably discharged or retired, and who died in the District of Columbia, to be disbursed by the Secretary of War at a cost not exceeding $45 for such burial expenses in each case, exclusive of cost of grave, $135. transportation of indigent persons

Transporting indigent persons.

For transportation of indigent persons, including indigent veterans of the World War and their families, $5,000.

Vocational rehabilitation of disabled residents.

Vol. 45, p. 1260.

Vocational rehabilitation of disabled residents, District of Columbia: To carry out the provisions of the Act entitled “An Act to provide for the vocational rehabilitation of disabled residents of the District of Columbia, and for other purposes”, approved February 23, 1929 (45 Stat., p. 1260), $15,000.

Militia.

MILITIA

Expenses authorized, under commanding general.

For the following, to be expended under the authority and direction of the commanding general, who is hereby authorized and empowered to make necessary contracts and leases, namely:

Personal services.

Expenses of camps, etc.

For personal services, $18,000; temporary labor, $5,000; for expenses of camps, including hire of horses for officers required to be mounted, and for the payment of commutation of subsistence for enlisted men who may be detailed to guard or move the United States property at home stations on days immediately preceding and immediately following the annual encampments; damages to private property incident to encampment; reimbursement to the United States for loss of property for which the District of Columbia may be held responsible; cleaning and repairing uniforms, arms, and equipment; instruction, purchase, and maintenance of athletic, gymnastic, and recreational equipment at armory or field encampments, not to exceed $500; practice marches, drills, and parades; rent of armories, drill halls, and storehouses; fuel, light, heat, care, and repair of armories, offices, and storehouses; machinery and dock, including dredging alongside of dock; construction of buildings for storage and other purposes at target range; telephone service; printing, stationery, and postage; horses and mules for mounted organizations; maintenance 249 and operation of passenger and nonpassenger-carrying motor vehicles; street-car fares (not to exceed $200) necessarily used in the transaction of official business; not exceeding $400 for traveling expenses, including attendance at meetings or conventions of associations pertaining to the National Guard; and for general incidental expenses of the service, $9,000; in all, $32,000.

PUBLIC BUILDINGS AND PUBLIC PARKS

Public Buildings and Public Parks.

salaries, public parks, district of columbia For personal services, $300,000.

Personal services.

general expenses, public parks

Public parks.

General expenses: For general expenses in connection with the

Maintenance and general expenses.

maintenance, care, improvement, furnishing of heat, light, and power of public parks, grounds, fountains, and reservations, propagating gardens and greenhouses under the jurisdiction of the Office of Public Buildings and Public Parks of the National Capital, including $5,000 for the maintenance of the tourists’ camp on its present site in East Potomac Park, and including personal services of seasonal or intermittent employees at per diem rates of pay approved by the Director, not exceeding current rates of pay for similar employment in the District of Columbia; the hire of draft animals with or without drivers at local rates approved by the Director; the purchase and maintenance of draft animals, harness, and wagons; contingent expenses; city directories; communication service; car fare; traveling expenses; professional, scientific, technical, and law books; periodicals and reference books; blank books and forms; photographs; dictionaries and maps; leather and rubber articles for the protection of employees and property; the maintenance, repair, exchange, and operation of not to exceed two motor-propelled passenger-carrying vehicles and all necessary bicycles, motorcycles, and self-propelled machinery; the purchase, maintenance, and repair of equipment and fixtures and so forth, $333,000: Provided, That not

Proviso.

Outdoor sports, band concerts, etc.

exceeding $20,000 of the amount herein appropriated may be expended for placing and maintaining portions of the parks in condition for outdoor sports and for expenses incident to the conducting of band concerts in the parks. park police

Park police.

Salaries: For pay and allowances of the United States park police

Salaries.

Vol. 43, p. 175; Vol. 46, p. 839.

force, in accordance with the Act approved May 27, 1924, as amended, $145,000.

For uniforming and equipping the United States park police

Uniforms, equipment, etc.

force, including the purchase, issue, operation, maintenance, repair, exchange, and storage of revolvers, bicycles, and motor-propelled passenger-carrying vehicles, uniforms, ammunition, and radio equipment, $9,000.

NATIONAL CAPITAL PARK AND PLANNING

National Capital Park and Planning Commission.

COMMISSION

For reimbursement to the United States in compliance with

Reimbursement for acquired lands.

Vol. 46, p. 485.

section 4 of the Act approved May 29, 1930 (46 Stat., p. 482), as amended, $1,000,000.

For each and every purpose, except the acquisition of land,

Incidental expenses, etc.

requisite for and incident to the work of the National Capital Park 250

Vol. 43, p. 463; Vol. 44, p. 374; Vol. 45, p. 1070.

U.S.C., p. 1292.

and Planning Commission as authorized by the Act entitled “An Act providing for a comprehensive development of the park and play-ground system of the National Capital”, approved June 6, 1924 (U.S.C., title 40, sec. 71), as amended, including personal services in the District of Columbia, maintenance, operation, and repair of motor-propelled passenger-carrying vehicles, not to exceed $1,500 for printing and binding, not to exceed $500 for traveling expenses and car fare of employees of the commission, and not to exceed $300 for professional, scientific, technical, and reference books, and periodicals, $31,000.

National Zoological Park.

NATIONAL ZOOLOGICAL PARK

Expenses.

For roads, walks, bridges, water supply, sewerage, and drainage; grading, planting, and otherwise improving the grounds, erecting and repairing buildings and enclosures; care, subsistence, purchase, and transportation of animals; necessary employees; traveling and incidental expenses not otherwise provided for, including not to exceed $2,000 for travel and field expenses in the United States and foreign countries for the procurement of live specimens and for the care, subsistence, and transportation of specimens obtained in the course of such travel; maintenance and operation of one motorpropelled passenger-carrying vehicle required for official purposes; for the purchase, issue, operation, maintenance, repair, and exchange of bicycles and nonpassenger-carrying motor vehicles, revolvers and ammunition; not exceeding $2,500 for purchasing and supplying uniforms to park police, keepers, and assistant keepers; not exceeding $100 for the purchase of necessary books and periodicals, $180,000, no part of which sum shall be available for architect’s fees or compensation.

Water service.

WATER SERVICE

From water revenues.

The following sums are appropriated wholly out of the revenues of the water department for expenses of the Washington Aqueduct and its appurtenances and for expenses of water department, namely:

Washington Aqueduct.

washington aqueduct

Maintenance, etc., of, and accessories.

For operation, including salaries of all necessary employees, maintenance and repair of Washington Aqueducts and their accessories, including Dalecarlia, Georgetown, McMillan Park, first and second High Service Reservoirs, Washington Aqueduct tunnel, the filtration plants, the pumping plants and the plant for the preliminary treatment of the water supply, ordinary repairs, grading, opening ditches, and other maintenance of Conduit Road, purchase, installation, and maintenance of water meters on Federal services, purchase, care, repair, and operation of vehicles, including the purchase and exchange of one passenger-carrying motor vehicle at a cost not to exceed $650; purchase and repair of rubber boots and protective apparel, and for each and every purpose connected therewith, $400,000.

Control of Secretary of War not affected.

Nothing herein shall be construed as affecting the superintendence and control of the Secretary of War over the Washington Aqueduct, its rights, appurtenances, and fixtures connected with the same and over appropriations and expenditures therefor as now provided by law.

Revenue, inspection, and distribution.

For revenue and inspection and distribution branches: For personal services, $150,000.

Operating expenses.

For maintenance of the water department distribution system, including pumping stations and machinery, water mains, valves, fire and public hydrants, and all buildings and accessories, and 251 motor trucks, and the replacement by purchase and/or exchange of the following motor-propelled vehicles: Three seven-hundred-and-fifty-pound trucks not to exceed $550 each, one one-and-one-half-ton truck not to exceed $700, one three-ton truck not to exceed $1,600, and one five-ton truck not to exceed $2,000; purchase of fuel, oils, waste, and other materials, and the employment of all labor necessary for the proper execution of this work; and for contingent expenses, including books, blanks, stationery, printing and binding not to exceed $2,000, postage, purchase of technical reference books and periodicals, not to exceed $275, and other necessary items, $7,500; in all for maintenance, $265,000, of which not exceeding $5,000 shall be available for operation of pumps at Bryant Street pumping station upon interruption of service from Dalecarlia pumping station.

For extension of the water department distribution system, laying

Distribution expenses.

of such service mains as may be necessary under the assessment system, $142,000.

For installing and repairing water meters on services to private

Meters.

residences and business places as may not be required to install meters under existing regulations, as may be directed by the Commissioners; said meters at all times to remain the property of the District of Columbia, $10,000.

For installing fire and public hydrants, $10,000.

Hydrants.

For replacement of old mains and divide valves in various locations,

Replacing mains.

on account of inadequate size and bad condition of pipe on account of age, and laying mains in advance of pavements, $50,000, to be immediately available.

For additional extension, improvement, and repair of the water

New mains.

distribution system, including necessary mains, machinery, and equipment, to aid in the relief of unemployment and to be allotted for such projects and purposes and in such amounts as the Director of the Bureau of the Budget may approve (including the allocation of additional sums to any or all of the four immediately preceding items), there is hereby appropriated wholly out of the revenues of the water department such sums (not to exceed in the aggregate $635,000) as may be deemed surplus in such revenues.

During the fiscal year ending June 30, 1934, the Commissioners

Discounts, payment of water charges.

of the District of Columbia are authorized to allow a discount of 10 per centum on the amount of any bill for water charges paid within fifteen days after the date of the rendition thereof.

Sec. 2.

That the services of draftsmen, assistant engineers, levelers,

Construction work, etc., under Commissioners.

transitmen, rodmen, chainmen, computers, copyists, overseers, and inspectors temporarily required in connection with sewer, water, street, street-cleaning, or road work, or construction and repair of buildings and bridges, or any general or special engineering or construction work authorized by appropriations may be employed exclusively to carry into effect said appropriations when specifically and in writing ordered by the Commissioners, and all such necessary expenditures for the proper execution of said work shall be paid from and equitably charged against the sums appropriated for said work; and the Commissioners in their Budget estimates shall report the number of such employees performing such services, and their work, and the sums paid to each, and out of what appropriation: Provided,

Provisos.

Limitation on expenses.

That the expenditures hereunder shall not exceed $42,000 during the fiscal year 1934: Provided further, That, excluding inspectors in the sewer department and one inspector in the electrical department, no

Period of employment.

person shall be employed in pursuance of the authority contained in this paragraph for a longer period than nine months in the aggregate during the fiscal year.

Temporary labor, etc.

The Commissioners, or their duly designated representatives, are further authorized to employ temporarily such laborers, skilled laborers, drivers, hostlers, and mechanics as may be required exclusively in connection with sewer, water, street, and road work, and street cleaning, or the construction and repair of buildings, and bridges, furniture and equipments, and any general or special engineering or construction or repair work, and to incur all necessary engineering and other expenses, exclusive of personal services, incidental to carrying on such work and necessary for the proper execution thereof, said laborers, skilled laborers, drivers, hostlers, and mechanics to be employed to perform such work as may not be required by law to be done under contract, and to pay for such services and expenses from the appropriations under which such services are rendered and expenses incurred.

252

Sec. 3.

Horses, vehicles, etc.

That all horses, harness, horse-drawn vehicles necessary for use in connection with construction and supervision of sewer, street, street lighting, road work, and street-cleaning work, including maintenance of said horses and harness, and maintenance and repair of said vehicles, and purchase of all necessary articles and supplies in connection therewith, or on construction and repair of buildings and bridges, or any general or special engineering or construction work authorized by appropriations, may be purchased, hired, and maintained, and motor trucks may be hired exclusively to

Specific authority required.

carry into effect said appropriations, when specifically and in writing ordered by the Commissioners: and all such expenditures necessary for the proper execution of said work, exclusive of personal services, shall be paid from and equitably charged against the sums appropriated for said work; and the Commissioners in the Budget estimates shall report the number of horses, vehicles, and harness purchased, and horses and vehicles hired, and the sums paid for same, and out of what appropriation; and all horses owned or maintained by the District shall, so far as may be practicable, be provided

Proviso.

Temporary work, etc.

for in stables owned or operated by said District: Provided, That such horses, horse-drawn vehicles, and carts as may be temporarily needed for hauling and excavating material in connection with works authorized by appropriations may be temporarily employed for such purposes under the conditions named in section 2 of this Act in relation to the employment of laborers, skilled laborers, and mechanics.

Sec. 4.

Miscellaneous trust funds.

Expenses payable from.

Vol. 33, p. 368.

That the Commissioners are authorized to employ in the execution of work, the cost of which is payable from the appropriation account created in the District of Columbia Appropriation Act, approved April 27, 1904, and known as the Miscellaneous trust-fund deposits, District of Columbia, necessary personal services, horses, carts, and wagons, and to hire therefor motor trucks when specifically and in writing authorized by the Commissioners, and to incur all necessary expenses incidental to carrying on such work and necessary for the proper execution thereof, including the purchase, exchange, maintenance, and operation of motor vehicles for inspection and transportation purposes, such services and expenses to be

Proviso.

Employment of laborers, etc.

paid from said appropriation account: Provided, That the Commissioners may delegate to their duly authorized representatives the employment under this section of laborers, mechanics, and artisans.

Leaves of absence.

Any person employed under any of the provisions of this Act who has been employed for ten consecutive months or more shall not be denied the leave of absence with pay for which the law provides.

Sec. 5.

Material, supplies, vehicles, etc.

Purchase from stock of Government activities no longer needed.

That the Commissioners and other responsible officials, in expending appropriations contained in this Act, so far as possible, shall purchase material, supplies, including food supplies and equipment, when needed and funds are available, in accordance with the 253 regulations and schedules of the General Supply Committee or from the various services of the Government of the United States possessing material, supplies, passenger-carrying and other motor vehicles, and equipment no longer required. Surplus articles purchased from the Government, if the same have not been used, shall be paid for at a reasonable price, not to exceed actual cost, and if the same have

Price stipulation.

been used, at a reasonable price based upon length of usage. The various services of the Government of the United States are authorized to sell such surplus articles to the municipal government under the conditions specified, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts: Provided, That

Proviso.

Transfers under Executive order.

this section shall not be construed to amend, alter, or repeal the Executive order of December 3, 1918, concerning the transfer of office materials, supplies, and equipment in the District of Columbia falling into disuse because of the cessation of war activities.

Sec. 6. No part of the appropriations contained in this Act shall

Increase of pay by reason of reallocation to higher grade.

be used to pay any increase in the salary of any officer or employee of the District of Columbia by reason of the reallocation of the position of such officer or employee to a higher grade after June 30, 1932, by the Personnel Classification Board or the Civil Service Commission, and salaries paid accordingly shall be payment in full.

Sec. 7. Title II of the Act entitled “An Act to maintain the credit

Provisions for impounding, on account of salary reductions not operative.

Ante, p. 14.

of the United States Government”, approved March 20, 1933, to the extent that it provides for the impoundment of appropriations on account of reductions in compensation of officers and employees, shall not operate to require such impoundment under appropriations contained in this Act.

Sec. 8. When specifically approved by the Director of the Bureau

Transfers between subheads of appropriations allowed; exception.

of the Budget upon recommendation of the Commissioners of the District of Columbia, transfers may be made between subheads of appropriations provided in this Act for the free Public Library, public playgrounds, public schools (except buildings and grounds and repairs to buildings), health department, and public welfare, respectively: Provided, That such transfers under this section shall

Proviso.

Not to apply to specified service.

not be made between appropriations for the several municipal services named, and all transfers, whether approved or contemplated, shall be reported to Congress in the estimates of the District of

Report thereof to Congress.

Columbia for the fiscal year 1935.

Approved, June 16, 1933, 12:50 p.m.

To transfer Bedford County from the Nashville division to the Winchester division of the middle Tennessee judicial district. Chapter 94 48 Stat. 253 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 94.]

AN ACT To transfer Bedford County from the Nashville division to the Winchester division of the middle Tennessee judicial district.

June 16, 1933.

[H.R. 5909.]

[Public, No. 71.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That Bedford

Tennessee judicial district.

Transfer of Bedford County to Winchester Division.

County of the Nashville division of the middle district of the State of Tennessee is hereby detached from the Nashville division and attached to and made a part of the Winchester division of the middle district of such State.

Approved, June 16, 1933, 12:55 p.m.

Providing for payment of $50 to each enrolled Chippewa Indian of the Red Lake-Band of Minnesota from the timber funds standing to their credit in the Treasury of the United States. Chapter 95 48 Stat. 254 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 254 [CHAPTER 95.]

AN ACT Providing for payment of $50 to each enrolled Chippewa Indian of the Red Lake-Band of Minnesota from the timber funds standing to their credit in the Treasury of the United States.

June 16, 1933.

[S. 1561.]

[Public, No. 72.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Red Lake Band of Chippewa Indians.

That the Secretary of the Interior is authorized and directed to withdraw from the Treasury so much as may be necessary of the principal timber fund on deposit to the credit of the Red Lake Band of the Chippewa

Per capita payment to, from tribal funds.

Indians of the State of Minnesota and to make therefrom payment of $50, in two equal installments of $25 each, one as soon as practicable after the passage of this Act, and one on or about December 1, 1933, to each enrolled Chippewa Indian of the Red Lake Band of Minnesota, under such regulations as such Secretary shall prescribe. No payment shall be made under this Act until the Chippewa Indians of the Red Lake Band of Minnesota shall, in

Acceptance, etc.

such manner as such Secretary shall prescribe, have accepted such payments and ratified the provisions of this Act. The money paid

Payments not subject to any lien, etc.

to the Indians under this Act shall not be subject to any lien or claim of whatever nature against any of said Indians, except that not to exceed 15 per centum of each installment may be deducted to apply toward individual obligations due the United States or the Red Lake Band of Chippewa Indians.

Approved, June 16, 1933, 12:57 p.m.

To extend the gasoline tax for one year, to modify postage rates on mail matter, and for other purposes. Chapter 96 48 Stat. 254 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 96.]

AN ACT To extend the gasoline tax for one year, to modify postage rates on mail matter, and for other purposes.

June 16, 1933.

[H.R. 5040.]

[Public, No. 73.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Revenue Act of 1932, amendments.

Gasoline, tax continued after June, 1933.

Vol. 47, p. 270, repealed.

That section 629 of the Revenue Act of 1932 is amended by striking out the following: “, or after June 30, 1933, in the case of articles taxable under section 617, relating to the tax on gasoline.”

Sec. 2.

Postal rates.

President authorized to modify.

Vol. 47, p. 285.

Post, p. 760.

The President is authorized during the period ending June 30, 1934, to proclaim such modifications of postage rates on mail matter (except that in the case of first-class matter the rate shall not be reduced to less than 2 cents an ounce or fraction thereof) as, after a survey by him, he may deem advisable by reason of increase in business, the interests of the public, or the needs of the Postal Service, and such modifications shall be in effect on and after

Effective date and duration.

Postmasters’ allowances, etc., correspondingly modified.

such date as he shall proclaim and until July 1, 1934. In case a modification of the rate of postage on first-class matter is proclaimed, the President shall also make a corresponding modification in the percentages of gross postal receipts specified in section

Vol. 47, p. 285.

1001 (c) of the Revenue Act of 1932 as amended by this Act, which percentages shall be in effect during the period such modification of the rate of postage on first-class matter is in effect. Nothing in this

First class matter.

section shall be construed as giving the President authority to change the rate fixed by law on first-class matter mailed for local delivery, postal cards, and private mailing or post cards.

Sec. 3. (a)

Vol. 47, p. 285, amended.

Rate increase, for local delivery repealed.

R.S., sec. 3904, p. 759.

Section 1001 (a) of the Revenue Act of 1932 is amended by striking out the period at the end thereof and inserting a colon and the following: “ Provided, That such additional rate shall not apply on or after July 1, 1933, to first-class matter mailed for local delivery. ” 255 (b) The first sentence of section 1001 (c) of the Revenue Act of

Percentage of receipts in determining class of post office.

Vol. 47, p. 286, amended.

1932 is amended, effective July 1, 1933, by striking out the period at the end thereof and inserting a comma and the following: “except that in the case of such post offices as have city or village letter-carrier service 90 per centum of the gross postal receipts shall be counted for such purpose.”

Sec. 4. (a) Effective fifteen days after the date of the enactment

Vol. 47, p. 267, amended.

of this Act, section 620 of the Revenue Act of 1932 is amended to read as follows:

“SEC. 620. TAX-FREE SALES

Tax-free sales.

“Under regulations prescribed by the Commissioner with the approval of the Secretary, no tax under this title shall be imposed with respect to the sale of any article— “(1) for use by the vendee as material in the manufacture or

Articles for further manufacture.

production of, or as a component part of, an article enumerated in this title; “(2) for resale by the vendee for such use by his vendee, if

Resale by vendee.

such article is in due course so resold; “(3) for resale by the vendee to a State or political subdivision

To a State, etc., for official use.

thereof for use in the exercise of an essential governmental function, if such article is in due course so resold. For the purposes of this title the manufacturer or producer to

Manufacturer or producer defined.

whom an article is sold under paragraph (1) or resold under paragraph (2) shall be considered the manufacturer or producer of such

Tires, furs, etc., excluded.

Vol. 47, p. 261.

article. The provisions of paragraphs (1) and (2) shall not apply with respect to tires or inner tubes or articles enumerated in section 604, relating to the tax on furs.”

(b) Effective fifteen days after the date of the enactment of this

Lubricating oils.

Vol. 47, p. 259.

Act, section 601 (c) (1) of the Revenue Act of 1932 is amended by adding at the end thereof the following:

“Under regulations prescribed by the Commissioner with the

Sales to manufacturer for resale, tax free.

approval of the Secretary, no tax shall be imposed under this section upon lubricating oils sold to a manufacturer or producer of lubricating oils for resale by him, but for the purposes of this title

Vendee deemed manufacturer, etc.

such vendee shall be considered the manufacturer or producer of such lubricating oils.”

Credits and refunds.

Vol. 47, p. 268, amended.

Act, section 621 (a) of the Revenue Act of 1932 is amended by inserting after paragraph (2) thereof the following new paragraph: “(3) to a manufacturer, producer, or importer in the amount of

Allowance of, sales of taxable articles to States, etc.

tax paid by him under this title with respect to the sale of any article to a dealer, if the manufacturer, producer, or importer has in his possession such evidence as the regulations may prescribe that (A) such article has after the date this paragraph takes effect been delivered by the dealer to a State or political subdivision thereof for use in the exercise of an essential governmental function and (B) the manufacturer, producer, or importer has repaid or agreed

Condition.

to repay the amount of such tax to the dealer or has obtained the consent of the dealer to the allowance of the credit or refund.”

Sec. 5. Effective fifteen days after the date of the enactment of

New section.

Vol. 47, p. 270, amended.

this Act, title IV of the Revenue Act of 1932 is amended by adding at the end thereof a new section to read as follows:256

“SEC. 630. EXEMPTION FROM TAX OF CERTAIN SUPPLIES FOR VESSELS

Tax exemptions, ships’ stores, supplies, etc.

“Under regulations prescribed by the Commissioner, with the approval of the Secretary, no tax under this title shall be imposed upon any article sold for use as fuel supplies, ships’ stores, sea stores, or legitimate equipment on vessels of war of the United States or of any foreign nation, vessels employed in the fisheries or in the whaling business, or actually engaged in foreign trade or trade between the Atlantic and Pacific ports of the United States or between the United States and any of its possessions. Articles manufactured or produced with the use of articles upon the importation of which tax has been paid under this title, if laden for use as supplies on such vessels, shall be held to be exported for the purposes of section 601 (b).”

Sec. 6. (a)

Vol. 47, p. 266, amended.

Effective September 1, 1933, section 616 of the Revenue Act of 1932 is amended to read as follows:

“SEC. 616. TAX ON ELECTRICAL ENERGY FOR DOMESTIC OR COMMERCIAL CONSUMPTION “(a)

Electric energy for domestic or commercial consumption.

Tax payment by vendor.

There is hereby imposed upon electrical energy sold for domestic or commercial consumption and not for resale a tax equivalent to 3 per centum of the price for which so sold, to be paid by the vendor under such rules and regulations as the Commissioner,

Resale to tenants construed.

with the approval of the Secretary, shall prescribe. The sale of electrical energy to an owner or lessee of a building, who purchases such electrical energy for resale to the tenants therein, shall for the purposes of this section be considered as a sale for consumption and not for resale, but the resale to the tenant shall not be considered a sale for consumption. “(b)

Provisions inapplicable.

Vol. 47, pp. 267–269.

The provisions of sections 619, 622, and 625 shall not be applicable with respect to the tax imposed by this section. “(c)

Sale to Federal, State, etc., governments.

No tax shall be imposed under this section upon electrical energy sold to the United States or to any State or Territory, or

Public-owned plants.

political subdivision thereof, or the District of Columbia. None of the provisions of this section shall apply to publicly owned electric and power plants. The right to exemption under this subsection shall be evidenced in such manner as the Commissioner, with the approval of the Secretary, may, by regulation, prescribe.”

(b)

Electric energy furnished prior to September 1, 1933.

Despite the provisions of this section the tax imposed under section 616 of the Revenue Act of 1932 before its amendment by this section on electrical energy furnished before September 1, 1933, shall be imposed, collected, and paid in the same manner and shall be subject to the same provisions of law (including penalties) as if this section had not been enacted.

Approved, June 16, 1933, 1 p.m.

To amend the probation law. Chapter 97 48 Stat. 256 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 97.]

AN ACT To amend the probation law.

June 16, 1933.

[H.R. 5208.]

[Public, No. 74.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

United States courts.

Arrest of probationer, wherever found.

That the first sentence of the second paragraph of section 2 of the Act of March 4,

Vol. 43, p. 1260.

U.S.C., p. 516.

1925, entitled “An Act to provide for the establishment of a probation system in the United States courts, except in the District of Columbia” (U.S.C., title 18, sec. 725), be, and the same is hereby, amended to read as follows: “At any time within the probation 257 period the probation officer may arrest the probationer wherever found, without a warrant, or the court which has granted the probation may issue a warrant for his arrest, which warrant may be executed by either the probation officer or the United States marshal of either the district in which the probationer was put upon probation or of any district in which the probationer shall be found and, if

Return to jurisdiction.

the probationer shall be so arrested in a district other than that in which he has been put upon probation, any of said officers may return probationer to the district out of which such warrant shall have been issued.”

Approved, June 16, 1933, 1:05 p.m.

To provide for organizations within the Farm Credit Administration to make loans for the production and marketing of agricultural products, to amend the Federal Farm Loan Act, to amend the Agricultural Marketing Act, to provide a market for obligations of the United States, and for other purposes. Chapter 98 48 Stat. 257 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 98.]

AN ACT To provide for organizations within the Farm Credit Administration to make loans for the production and marketing of agricultural products, to amend the Federal Farm Loan Act, to amend the Agricultural Marketing Act, to provide a market for obligations of the United States, and for other purposes.

June 16, 1933.

[H. R. 5790.]

[Public, No. 75.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Farm Credit Act of 1933.

<num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Section</inline> 1.</num> <content>This Act shall be known as the “<shortTitle role="act">Farm Credit Act of <sidenote>Title.</sidenote> 1933.</shortTitle>”</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">establishment of production credit corporations and banks for cooperatives</heading><sidenote>Production Credit Corporations and Banks for Cooperatives.</sidenote> <num value="2"><inline class="smallCaps">Sec</inline>. 2.</num> <content>The Governor of the Farm Credit Administration, hereinafter <sidenote>Organization, etc.</sidenote> in this Act referred to as the “governor”, is authorized and directed to organize and charter twelve corporations to be known as “Production Credit Corporations” and twelve banks to be known as “Banks for Cooperatives.” One such corporation and one such <sidenote>Location.</sidenote> bank shall be established in each city in which there is located a Federal land bank. The directors of the several Federal land banks <sidenote>Directors.</sidenote> shall be ex officio the directors of the respective Production Credit Corporations and Banks for Cooperatives. Such directors shall have <sidenote>Power to employ and fix compensation.</sidenote> power, subject to the approval of the governor, to employ and fix the compensation of such officers and employees of such corporations and banks as may be necessary to carry out the powers and duties conferred upon such corporations and banks under this Act.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">charters and bylaws</heading> <num value="3"><inline class="smallCaps">Sec</inline>. 3.</num> <content>The charters of the Production Credit Corporations and <sidenote>Charters and bylaws.</sidenote> the Banks for Cooperatives shall be granted by the governor upon application of the directors of the Federal land bank of the proper district, and applications and charters shall be in such form as the governor shall prescribe. The directors shall have power, subject to the approval of the governor, to adopt such bylaws as may be necessary for the conduct of the business of the corporations and banks.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">capital of production credit corporations</heading><sidenote>Production Credit Corporations.</sidenote> <num value="4"><inline class="smallCaps">Sec</inline>. 4.</num> <content>The capital stock of each Production Credit Corporation <sidenote>Capital stock. Amount to be determined by governor.</sidenote> shall be in such amount as the governor determines is required for the purpose of meeting the credit needs of the district to be served by such corporation, and such amount may be increased or decreased <sidenote>Limitation.</sidenote> from time to time by the governor in accordance with such credit <page identifier="/us/stat/48/258">258</page><sidenote>Initial capital, subscribed and held by governor, as agent.</sidenote> needs. Such capital stock shall be divided into shares of $100 each. The initial capital stock of each such corporation shall be $7,500,000, which shall be subscribed for by the governor and held by him on <sidenote>Payments to be made out of the revolving fund.</sidenote> behalf of the United States. Payments on subscriptions to stock by the governor shall be subject to call in whole or in part by the board of directors of the corporation with the approval of the governor. The governor shall make such payments out of the revolving fund created in section 5. The stock ownership of the United States in such corporation shall be evidenced by such means as the governor shall determine.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">revolving fund and appropriation</heading> <num value="5"><inline class="smallCaps">Sec</inline>. 5.</num><sidenote>Revolving fund created. Post, p. 348.Available balances of designated funds to so constitute, etc. Post, p. 276.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <chapeau class="inline">There is hereby created a revolving fund of not to exceed $120,000,000 which shall be made up as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1)</num> <chapeau>The Reconstruction Finance Corporation is authorized and directed to make available to the Governor of the Farm Credit Administration all unobligated balances of the following funds and all sums heretofore returned or released to the corporation from such funds:</chapeau> <subparagraph class="indentUp1 firstIndent1 fontsize10"> <num value="A">(A)</num><sidenote>Crop, etc., loans. Vol. 47, p. 5.</sidenote> <content class="inline">Any balances of funds for, and all collections on loans by, the Secretary of Agriculture pursuant to section 2 of the Reconstruction Finance Corporation Act as amended;</content> </subparagraph> <subparagraph class="indentUp1 firstIndent1 fontsize10"> <num value="B">(B)</num><sidenote>Collections on farm loans. Vol. 47, p. 795.</sidenote> <content class="inline">All collections on loans made or to be made pursuant to the Act of February 4, 1933 (Public, Numbered 327, Seventy-second Congress);</content> </subparagraph> <subparagraph class="indentUp1 firstIndent1 fontsize10"> <num value="C">(C)</num><sidenote>Balances.</sidenote> <content class="inline">All balances of funds authorized and directed to be made available to the Secretary of Agriculture by such Act and not used for loans pursuant thereto; and</content> </subparagraph> <subparagraph class="indentUp1 firstIndent1 fontsize10"> <num value="D">(D)</num><sidenote>Advances, stock or crop production excepted. Vol. 47, p. 713.</sidenote> <content class="inline">Any balances of the funds originally directed to be allocated and made available to the Secretary of Agriculture by such Acts except as expended pursuant to subsection (e) of section 201 of the Emergency Relief and Construction Act of 1932.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2)</num><sidenote>Unobligated balances of sums made available by designated Acts.</sidenote> <content class="inline">There are hereby made available to the Governor of the Farm Credit Administration all unobligated balances of appropriations and funds available thereunder to enable the Secretary of Agriculture to make advances or loans under the following Acts and resolutions, and all repayments of such advances and loans: March 3, 1921 (41 Stat. 1347), March 20, 1922 (42 Stat. 467), April 26, 1924 (43 Stat. 110), February 28, 1927 (44 Stat. 1251), February 25, 1929 (45 Stat. 1306), as amended May 17, 1929 (46 Stat. 3), March 3, 1930 (46 Stat. 78, 79), December 20, 1930 (46 Stat. 1032), as amended February 14, 1931 (46 Stat. 1160), and February 23, 1931 (46 Stat. <sidenote>Post, p. 348.</sidenote> 1276), and Public Resolution Numbered 11, Seventy-second Congress, <sidenote>Vol. 47, p. 60.</sidenote>approved March 3, 1932.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3)</num><sidenote>Additional authorizations.</sidenote> <content class="inline">There is hereby authorized to be appropriated the sum of $40,000,000 out of any money in the Treasury not otherwise appropriated.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Sums for administrative expenses. Post, p. 276.</sidenote> <content class="inline">There is hereby authorized to be appropriated the sum of $2,000,000, which shall remain available until expended, for all necessary administrative expenses in connection with the establishment and supervision of the Production Credit Corporations and the Production Credit Associations.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num><sidenote>Use of funds for salaries not restricted.</sidenote> <content class="inline">The authority of the Governor of the Farm Credit Administration to allocate and expend out of the funds covered by subsection (a) of this section such amounts as he shall deem necessary for salaries, expenses, and all other administrative expenditures in the execution of the functions for which such funds have hitherto been available shall not be deemed to be restricted by this section.</content> </subsection> <page identifier="/us/stat/48/259">259</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>The authority to make loans during the calendar year 1933 <sidenote>Making farm, etc., loans. Vol. 47, p. 795.</sidenote> pursuant to the Act of February 4, 1933 (Public Numbered 327, Seventy-second Congress), as amended, out of funds made available by that Act shall not be deemed to be restricted by this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">stock ownership of production credit corporations in production credit associations</heading><sidenote>Stock ownership of Production Credit Corporations in Production Credit Associations.</sidenote> <num value="6"><inline class="smallCaps">Sec</inline>. 6.</num> <subsection class="inline"> <num value="a">(a)</num> <content>Each Production Credit Corporation shall have power <sidenote>Investments in local associations authorized.</sidenote> to invest its funds in stock of production credit associations as provided in this section. Such corporation is authorized to subscribe <sidenote>Post, p. 983.</sidenote>and pay for class A stock in each Production Credit Association located in the district served by such corporation in amounts <sidenote>Amount.</sidenote> sufficient to maintain the amount of class A stock held by it and other holders of class A stock equal, as nearly as may be, to 20 per centum of the volume of loans made or to be made by such association, as estimated by the corporation, but at no time shall the amount of class A stock outstanding be less than $5,000 except with the consent of the association. Notwithstanding the provisions of the preceding sentence, (1) the governor, under rules and regulations prescribed by <sidenote>Larger holdings.</sidenote> him, may permit a Production Credit Corporation to maintain the class A holdings of stock by the corporation and other investors at such amount, in excess of 20 per centum of such loans, as may be necessary, and (2) the corporation may at any time require the <sidenote>Retirement of corporation stock if resources warrant.</sidenote> association to retire and cancel stock held by the corporation in such association, if, in the judgment of the corporation, the association has resources available therefor.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Under such rules and regulations as may be prescribed by the <sidenote>Stock subscriptions in association not organized under this Act, if controlled by cooperative associations. Post, p. 266.</sidenote> governor and subject to such restrictions and limitations as he may prescribe, each Production Credit Corporation is authorized to subscribe and pay for stock in production credit associations not organized under this Act if such associations are controlled by cooperative associations as defined in section 55. Only stock which is <sidenote>Preferred, etc., stock only, to be subscribed for.</sidenote> preferred as to assets on liquidation and is entitled to participate in dividend distributions without discrimination may be subscribed for. The amount of the stock subscribed for by any Production Credit <sidenote>Maximum.</sidenote> Corporation in any such association shall not at any one time exceed 75 per centum of the total paid-in capital of such association.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>The amount of the excess of earnings on stock held by the <sidenote>Surplus, to equal 25 per centum of capital, to be created from stock earnings.</sidenote> corporation above amounts necessary to pay operating expenses and restore losses and impairment of capital, if any, of the corporation shall be devoted to the creation and maintenance of a surplus equal to at least 25 per centum of the paid-in capital of the corporation. <sidenote>To be invested in Federal obligations, etc.</sidenote> The amount of the surplus shall be invested as the governor shall prescribe in direct obligations of the United States or in class A stock of Production Credit Associations, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>The amount of such excess of earnings not required in order <sidenote>Excess production earnings to be paid into revolving fund. Retirement of Governor’s stock.</sidenote> to comply with the provisions of subsection (c) shall be paid into the revolving fund heretofore authorized. Stock held by the governor in the Production Credit Corporation shall be retired upon such payment in an amount equal to the amount of such payment.</content> </subsection> </section> <num class="centered" value="II">TITLE II—</num> <heading class="inline">PRODUCTION CREDIT ASSOCIATIONS <sidenote>Production Credit Associations.</sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">establishment of production credit associations</heading> <num value="20"><inline class="smallCaps">Section</inline> 20.</num> <content>The governor is authorized and directed to organize <sidenote>Local associations to be organized and chartered.</sidenote> and charter corporations to be known as “Production Credit Associations.” Such associations may be organized by ten or more farmers desiring to borrow money under the provisions of this <page identifier="/us/stat/48/260">260</page><sidenote>Objects to be specified in articles of incorporation.</sidenote> title. Such individuals shall enter into articles of incorporation which shall specify in general terms the objects for which the association is formed and the powers to be exercised by it in carrying out the functions conferred upon it by this Act. Such articles shall be signed by the individuals uniting to form the association and a copy thereof shall be forwarded to the Production Credit Corporation of the district, and such copy shall be filed and preserved in <sidenote>Authority of governor.</sidenote> its office. The governor may, for good cause shown, deny a charter to such individuals. Upon the approval of such articles by the governor, the association shall become as of the date of such approval a body corporate. The governor shall have power, under rules and <sidenote>Regulations to be prescribed.</sidenote> regulations prescribed by him, or by prescribing the terms of the charter of the association, or both, to provide for the organization, management, and conduct of the business of the association; and the power of the governor shall extend to prescribing the amount of the stock of such association; fixing the territory within which its operations may be carried on; fixing the method of election and appointment of, and the amount and payment of the compensation of, <sidenote>Fixing maximum loans.</sidenote> directors, officers, and employees; fixing the maximum amount of individual loans which may be made; prescribing the conditions under which the stock may be retired; and providing for the consolidation of two or more such associations. The governor may, at any time, direct such changes in the charter of any such association as he finds necessary in accomplishing the purposes of this <sidenote>Adoption of bylaws.</sidenote> title. Bylaws of any such association may be adopted by the directors but shall not be valid unless approved by the governor.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">stock of production credit associations</heading> <num value="21"><inline class="smallCaps">Sec</inline>. 21.</num><sidenote>Division of stock into two classes. Class A, to be purchased by investors, etc. Class B, subscribed by farmer borrowers, etc. Voting rights.</sidenote> <content class="inline">The stock of such associations shall be divided into shares of $5 each; and there shall be two classes of such stock: (1) Class A stock which is to be held by Production Credit Corporations, and which may be purchased and held by investors, and (2) class B stock which may be purchased only by farmer borrowers from the association and individuals eligible to become borrowers. Class B stock only shall be entitled to voting rights but each holder of such <sidenote>Class B stock not transferable; exception.</sidenote> stock shall be entitled to no more than one vote. No class B stock, or any interest therein or right to receive dividends thereon, shall be transferred by act of parties or operation of law except to another farmer borrower or an individual eligible to become a borrower, and then only with the approval of the directors of the association. Each <sidenote>Exchange, by class B holder.</sidenote> holder of class B stock, within two years after he has ceased to be a borrower, shall exchange such class B stock at the fair book value (not to exceed par) thereof, as determined by the association, for <sidenote>Dividends.</sidenote> class A stock. All stock shall share in dividend distributions without preference, but the directors of the association may, in their <sidenote>Credit against indebtedness.</sidenote> discretion, apply the amount of any dividend payable to a holder of class B stock to any indebtedness of such holder to the association. <sidenote>Class A preference in liquidation.</sidenote> Class A stock shall be preferred as to assets of the association upon liquidation. During such time as any Production Credit Corporation <sidenote>Appointments and elections of officers, etc., while Corporation is stockholder.</sidenote> is a holder of any stock of any such association, the appointment or election of directors, the secretary-treasurer, and the loan committee of such association shall be subject to the approval of the president of the Production Credit Corporation and during such time any such director, secretary-treasurer, or other officer may, at any time, be removed by the president of the Production Credit Corporation.</content> </section> <page identifier="/us/stat/48/261">261</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">earnings of production credit associations</heading><sidenote>Production credit associations.</sidenote> <num value="22"><inline class="smallCaps">Sec</inline>. 22.</num> <content>Each Production Credit Association shall, at the end of <sidenote>Use of excess earnings to defray losses, etc.</sidenote> its fiscal year, apply the amount of its earnings in excess of operating expenses during such fiscal year, first, to making up any losses in excess of its reserve for bad and doubtful debts; second, to the <sidenote>To restore capital impairment. Create reserve for discharging bad debts, etc.</sidenote> restoration of the amount of the impairment, if any, of capital; third, to the creation and maintenance of a reserve account for bad and doubtful debts, the amount of which account shall be prescribed by the Production Credit Corporation; and fourth, to the creation and <sidenote>Maintenance of a guaranty fund. Remainder to dividends; limitations.</sidenote> maintenance of a guaranty fund equal to at least 25 per centum of the paid-in capital of the association. Any sums remaining may, with the approval of the Production Credit Corporation, be devoted to the payment of dividends but no rate of dividend in excess of 7 per centum per annum shall be paid. Sums in the guaranty fund <sidenote>Investments.</sidenote> herein provided for shall be invested subject to such rules and regulations as may be prescribed by the Production Credit Corporation.</content> </section> <section class="firstIndent1 fontsize10"> <num value="23"><inline class="smallCaps">Sec</inline>. 23.</num> <content>Each Production Credit Association shall, under such <sidenote>Loans to farmers for general agricultural purposes.</sidenote> rules and regulations as may be prescribed by the Production Credit Corporation of the district with the approval of the governor, invest its funds and make loans to farmers for general agricultural purposes, but such part of its funds as is represented by the guaranty <sidenote>Funds excluded.</sidenote> fund provided for in section 22 shall not be devoted to making loans to farmers. Such loans shall be made on such terms and conditions, <sidenote>Conditions required.</sidenote> at such rates of interest, and with such security as may be prescribed by the Production Credit Corporation. No loan shall be made for a less amount than $50, nor shall any one borrower be indebted to the association at any one time in an amount in excess of 20 per centum of the capital and guaranty fund of the association or, if the loan is secured by collateral approved by the Corporation, in an amount in excess of 50 per centum of the capital and guaranty fund, but loans may be made to any borrower in an amount in excess of 50 per centum of the capital and guaranty fund if the loan is approved by the Production Credit Commissioner of the Farm Credit Administration. Borrowers shall be required to own, at the time the loan <sidenote>Borrowers to own class B stock; ratio to amount of loan.</sidenote> is made, class B stock in an amount equal in fair book value (not to exceed par), as determined by the association, to $5 per $100 or fraction thereof of the amount of the loan. Such stock shall not be <sidenote>Exchange, on loan repayment.</sidenote> canceled or retired upon payment of the loan but may be transferred or exchanged as provided in section 21.</content> </section> <section class="firstIndent1 fontsize10"> <num value="24"><inline class="smallCaps">Sec</inline>. 24.</num> <content>Production Credit Associations doing business under this <sidenote>Federal Intermediate Credit Banks; authority conferred to borrow from, and rediscount paper with. Vol. 42, p. 1454; Vol. 47, p. 159. <ref href="/us/usc/p315">U.S.C., p. 315; Supp. VI, p. 133</ref>. Restriction.</sidenote> Act are authorized to borrow from, and rediscount paper with, Federal Intermediate Credit Banks subject to the restrictions, limitations, and conditions applicable under title II of the Federal Farm Loan Act, as amended (U.S.C., title 12, ch. 8). Except with the approval of the Governor, Production Credit Associations shall not have the power to borrow from or rediscount paper with any other bank or agency.</content> </section> <num class="centered" value="III">TITLE III—</num> <heading class="inline">CENTRAL BANK FOR COOPERATIVES <sidenote>Central Bank for Cooperatives.</sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">establishment of bank</heading> <num value="30"><inline class="smallCaps">Section</inline> 30.</num> <content>The governor is authorized and directed to organize <sidenote>Establishment, in District of Columbia, etc.</sidenote> and charter a corporation to be known as the “Central Bank for Cooperatives” with its principal office in the District of Columbia and such other offices as in the opinion of the governor may be necessary.</content> </section> <page identifier="/us/stat/48/262">262</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">board of central bank</heading> <num value="31"><inline class="smallCaps">Sec</inline>. 31.</num><sidenote>Board of directors. Composition, appointment, etc.</sidenote> <subsection class="inline"> <num value="a">(a)</num> <content class="inline">The board of directors of the Central Bank for Cooperatives shall consist of seven members, one of whom shall be the Cooperative Bank Commissioner of the Farm Credit Administration, who shall be chairman of the board of directors. The other six directors shall be appointed by the governor, of whom the successsors of three first appointed shall be appointed from nominees <sidenote>Terms of office.</sidenote> selected by borrowers as provided in subsection (b). The terms of the directors first appointed shall be for one, two, and three years as designated by the governor at the time of appointment and their <sidenote>Vacancies.</sidenote> successors shall hold their offices during a term of three years, but a director appointed to fill a vacancy shall hold his office for the unexpired term of the director whose place he is selected to fill. Any appointed director may at any time be removed for cause by <sidenote>No compensation; expenses allowed.</sidenote> the governor. No compensation shall be paid any director as a director of the corporation but the corporation, subject to the approval of the governor, may allow directors a reasonable per diem and expenses.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Choosing successors.</sidenote> <content class="inline">The successors of three of the directors first appointed shall be selected one each year by the governor from among individuals nominated by borrowers (except Banks for Cooperatives). The governor shall, not less than sixty days prior to the end of the term of any director whose successor is to be appointed from among nominees as herein provided, or as soon as practicable after a vacancy occurs in the office of such director other than by the expiration <sidenote>Each borrower entitled to one vote.</sidenote> of his term, cause notice of the vacancy to be sent to each borrower eligible to vote for nominees. Each such borrower shall be eligible to cast one vote. The governor shall not count any ballot received after the expiration of thirty days after the sending of notice. From those (not exceeding three) receiving the highest number of votes, as shown by his count, the governor shall appoint the director.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">powers of chairman and board</heading><sidenote>Chairman and board.</sidenote> <num value="32"><inline class="smallCaps">Sec</inline>. 32.</num><sidenote>Powers.</sidenote> <content class="inline">The chairman of the board of the corporation shall be the executive officer of the corporation and the powers of the board of directors shall be such powers as may be prescribed in the charter and bylaws.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">capital stock of central bank</heading><sidenote>Central Bank.</sidenote> <num value="33"><inline class="smallCaps">Sec</inline>. 33.</num><sidenote>Capital stock. Authority of governor to increase or decrease.</sidenote> <content class="inline">The capital stock of the central bank shall be in such amount as the governor determines is required for the purpose of meeting the credit needs of eligible borrowers from the bank under this title, and the governor may from time to time increase or decrease <sidenote>Limitation. Post, p. 263. Shares. Subscriptions for, to be paid from revolving fund, Agricultural Marketing Act. Vol. 46, p. 14; <ref href="/us/usc/p63">U.S.C., Supp. VI, p. 63</ref>.</sidenote> such amount, subject to the limitations contained in sections 35 and 37, in accordance with such needs. The stock of such bank shall be divided into shares of $100 each. Out of the revolving fund created under section 6 of the Agricultural Marketing Act, as amended, the governor, on behalf of the United States, shall subscribe for and make payments for stock in the Central Bank and such payments shall be subject to call in whole or in part by the chairman of the board of the Central Bank with the approval of the governor.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">lending power of central bank</heading> <num value="34"><inline class="smallCaps">Sec</inline>. 34.</num><sidenote>Lending power. Loans to cooperative associations. Vol. 46, p. 14.</sidenote> <content class="inline">The Central Bank is authorized to make loans to cooperative associations, as defined in the Agricultural Marketing Act, as amended, including amendments made in Title V of this Act, for <page identifier="/us/stat/48/263">263</page> any of the purposes and subject to the conditions and limitations <sidenote>Post, p. 265.</sidenote> set forth in such Act, as so amended, and to make loans, by way of discount or otherwise and subject to such terms and conditions as may be prescribed by the chairman of the board of the Central Bank, <sidenote>Ante, p. 257.</sidenote> to Banks for Cooperatives established under section 2 of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">stock subscriptions of borrowers from central bank</heading> <num value="35"><inline class="smallCaps">Sec</inline>. 35.</num> <subsection class="inline"> <num value="a">(a)</num> <content>Cooperative associations borrowing from the Central <sidenote>Ownership of bank stock required.</sidenote> Bank shall be required to own, at the time the loan is made, an amount of stock of the bank equal in fair book value (not to exceed <sidenote>Proportion to loan.</sidenote> par), as determined by the bank, to $100 per $2,000 or fraction thereof of the amount of the loan. Upon discharge of the loan the <sidenote>Stock to be canceled on payment of loan.</sidenote> stock held by the borrowing association shall be retired and canceled and the association shall be paid therefor, or in case the stock subscription is included in the amount of the loan there shall be credited on the final payment of the loan, an amount equal to the amount paid for the stock or loaned to subscribe for the stock, as the case may be, minus the pro rata impairment, if any, of capital and guaranty fund of the Central Bank, as determined by the chairman of the board of the Central Bank.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>In any case in which a cooperative association applying for <sidenote>Requirement waived where State law does not authorize such subscription.</sidenote> a loan is not authorized, under the law of the State in which it is organized, to subscribe for stock in the Central Bank, the bank shall, in lieu of stock subscription, require the borrowing association to pay into a guaranty fund, or the bank may retain out of the amount of the loan and credit to the guaranty fund, an amount equal to the <sidenote>Payment to banks’ guaranty fund in lieu.</sidenote> amount which the borrowing association would have been required to own in stock if such association had been authorized to hold such stock. Upon discharge of its loan, the provisions of the last sentence <sidenote>Cancellation on discharge.</sidenote> of subsection (a) shall apply with respect to sums of such association in the guaranty fund in the same manner as if such sums were represented by stock.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">earnings and reserves of central bank</heading><sidenote>Earnings and reserves.</sidenote> <num value="36"><inline class="smallCaps">Sec</inline>. 36.</num> <content>The Central Bank for Cooperatives shall, at the end of <sidenote>Surplus to be applied in covering losses, etc.</sidenote> its fiscal year, apply the amount of its earnings in excess of operating expenses during such fiscal year, first, to making up any losses incurred; second, to the restoration of the amount of the impairment, if any, of capital and guaranty fund as determined by the chairman of the board; and at least 25 per centum of the remainder of such <sidenote>Guaranty fund created.</sidenote> excess of earnings shall be applied to the creation and maintenance of a surplus equal to at least 25 per centum of the amount of the capital and guaranty fund. Any sums remaining may, with the <sidenote>Dividends; restriction.</sidenote> approval of the chairman of the board, be devoted to the payment of dividends. Subscribers to the guaranty fund shall be entitled to dividends in the same amounts as subscribers to stock. No rate of dividend in excess of 7 per centum per annum shall be paid. Dividends <sidenote>Credit of, held by governor.</sidenote> on stock held by the governor, when paid, shall be credited to the revolving fund created under section 6 of the Agricultural Marketing Act, as amended.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">debentures of central bank</heading><sidenote>Debentures.</sidenote> <num value="37"><inline class="smallCaps">Sec</inline>. 37.</num> <content>The Central Bank is authorized to issue debentures, but <sidenote>Issue, etc.; amount limited.</sidenote> the amount of debentures which may be outstanding may not exceed at any one time five times the paid-in capital and surplus of the bank. Such debentures shall be issued at such times and subject to <sidenote>Terms, interest, security, etc.</sidenote> such terms and conditions as the board of directors shall determine but shall bear such interest rates as may be fixed by the chairman of <page identifier="/us/stat/48/264">264</page> the board. Such debentures shall be secured by collateral which shall be at least equal in value to the amount of debentures outstanding and which shall consist of cash, direct obligations of the United <sidenote>Ante, p. 262.</sidenote> States, or notes or other obligations discounted or purchased or representing <sidenote>Provisions governing issue.</sidenote>loans made under section 34. The provisions of law applicable to the preparation and issue of Federal intermediate credit bank debentures shall, so far as applicable, govern the preparation <sidenote>Custodian of collateral to be appointed.</sidenote> and issue of debentures issued under this section. The governor shall appoint a custodian of such collateral who shall have power subject to such rules and regulations as the governor may prescribe to approve and accept substitutions of collateral.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">division of lending authority of central and regional banks for cooperatives</heading><sidenote>Loans by central and regional banks for cooperatives.</sidenote> <num value="38"><inline class="smallCaps">Sec</inline>. 38.</num><sidenote>Division of lending authority to be defined.</sidenote> <content class="inline">The governor shall, by regulation or by prescribing the terms of the charters issued to the Central Bank for Cooperatives and the Banks for Cooperatives, or both, provide such limitations, as between the two types of banks, on the classes of borrowers to which loans may be made and the amount of the loans which may be made to individual borrowers, as will best insure the absence of duplication of effort by the two types of banks and will secure the greatest efficiency in extending the benefits of this title and Title IV to borrowers.</content> </section> <num class="centered" value="IV">TITLE IV—</num> <heading class="inline"><sidenote>Banks for Cooperatives.</sidenote> BANKS FOR COOPERATIVES</heading> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">stock of banks</heading><sidenote>Stock.</sidenote> <num value="40"><inline class="smallCaps">Section</inline> 40.</num><sidenote>Amount of.</sidenote> <content class="inline">The capital stock of each Bank for Cooperatives established under section 2 shall be in such amount as the governor determines is required for the purpose of meeting the credit needs of <sidenote>Increase or decrease permitted.</sidenote> eligible borrowers from the bank under this title, and such amount may be increased or decreased from time to time by the governor in <sidenote>Shares.</sidenote> accordance with such needs. Such stock shall be divided into shares <sidenote>Subscriptions for, to be paid from revolving fund, Agricultural Marketing Act. Vol. 46, p. 14. <ref href="/us/usc/p63">U.S.C., Supp. VI, p. 63</ref>.</sidenote> of $100 each. Out of the revolving fund created under section 6 of the Agricultural Marketing Act, as amended, the governor, on behalf of the United States, shall make payments for stock in the banks and such payments shall be subject to call in whole or in part by the board of directors of the bank with the approval of the governor.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">lending power of banks for cooperatives</heading> <num value="41"><inline class="smallCaps">Sec</inline>. 41.</num><sidenote>Lending power. Loans to cooperative associations. Vol. 46, p. 14. </sidenote> <content class="inline">The Banks for Cooperatives are authorized to make loans to cooperative associations for any of the purposes and subject to the conditions and limitations set forth in the Agricultural Marketing <sidenote>Post, p. 265.</sidenote>Act, as amended, including amendments made by Title V of this Act, and subject to such terms and conditions as may be prescribed by the board of the bank with the approval of the governor.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">stock subscriptions and earnings and reserves</heading> <num value="42"><inline class="smallCaps">Sec</inline>. 42.</num><sidenote>Ownership of stock required, in proportion to loan. Ante, p. 263.</sidenote> <content class="inline">The provisions of sections 35 and 36 shall apply in the case of Banks for Cooperatives in the same manner and to the same extent as such provisions are applicable to the Central Bank for Cooperatives, except that powers conferred on the chairman of the board of the Central Bank shall be exercised by the boards of directors of the Banks for Cooperatives, subject to the approval of the governor.</content> </section> <page identifier="/us/stat/48/265">265</page> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">retirement of stock</heading> <num value="43"><inline class="smallCaps">Sec</inline>. 43.</num> <content>The governor may at any time require any such bank to <sidenote>Retirement of stock.</sidenote> retire and cancel stock held by the governor in such bank, if, in the judgment of the governor, the bank has resources available therefor, and amounts received by the governor in any such case shall be credited to the revolving fund created under section 6 of the Agricultural Marketing Act, as amended.</content> </section> <num class="centered" value="V">TITLE V—</num> <heading class="inline">AMENDMENTS TO AGRICULTURAL MARKETING <sidenote>Agricultural Marketing Act amendments.</sidenote> ACT</heading> <section class="firstIndent1 fontsize10"> <num value="50"><inline class="smallCaps">Section</inline> 50.</num> <subsection class="inline"> <num value="a">(a)</num> <chapeau>The following provisions of the Agricultural Marketing <sidenote>Provisions repealed.</sidenote> Act, as amended, are hereby repealed:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1)</num> <content>Section 3 (relating to Advisory Commodity Committees); <sidenote>Advisory Commodities Committees. Vol. 46, p. 12.Overproduction studies. Vol. 46, p. 13.Miscellaneous investigations.</sidenote> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2)</num> <content>Paragraph (4) of section 5 (relating to powers of the Farm Board to investigate overproduction);</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3)</num> <content>Paragraph (5) of section 5 (relating to miscellaneous investigations by the Farm Board);</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4)</num> <content>Paragraph (3) of subsection (a) of section 7 (relating to <sidenote>Clearing house loans. Vol. 46, p. 14.</sidenote>loans to assist in forming clearing house associations);</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5)</num> <content>Paragraph (4) of subsection (a) of section 7 (relating to <sidenote>Cooperative marketing advantages. Vol. 46, p. 14.</sidenote>education in the advantages of cooperative marketing);</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6)</num> <content>Paragraph (5) of subsection (a) of section 7 (relating to <sidenote>Facilitating price advance, etc.</sidenote>loans to enable cooperatives to advance a greater share of the market price of commodities than is practicable under other credit facilities);</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7)</num> <content>Section 10 (authorizing the Farm Board to assist in forming <sidenote>Assistance in forming clearing house associations. Vol. 46, p. 16.Price insurance. Vol. 46, p. 17.</sidenote> clearing house associations); and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8)</num> <content>Section 11 (authorizing the Farm Board to enter into price insurance agreements).</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>The repeal of section 7 (a) (5) shall not be construed to prohibit <sidenote>Outstanding loans for facilitating price advances, etc., may be extended, etc. Vol. 46, p. 14.</sidenote> the extension, renewal, or refinancing of any loan made thereunder and outstanding on the date of the enactment of this Act, but loans to extend, renew, or refinance any such loan shall bear interest rates as determined under section 8 (a) of the Agricultural Marketing Act as amended by section 54 of this Act.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="51"><inline class="smallCaps">Sec</inline>. 51.</num> <content>Paragraph (1) of subsection (a) of section 7 of the Agricultural <sidenote>Vol. 46, p. 14, amended.</sidenote> Marketing Act, as amended, is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1)</num> <content>the effective merchandising of agricultural commodities and <sidenote>Financing operations added.</sidenote> food products thereof and the financing of its operations;”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="52"><inline class="smallCaps">Sec</inline>. 52.</num> <content>Paragraph (2) of subsection (a) of section 7 of the Agricultural <sidenote>Physical marketing facilities.</sidenote> Marketing Act, as amended, is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2)</num> <content>the construction or acquisition by purchase or lease, or <sidenote>Provisions for refinancing cost, added.</sidenote> refinancing the cost of such construction or acquisition, of physical marketing facilities for preparing, handling, storing, processing, or merchandising agricultural commodities or their food products;”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="53"><inline class="smallCaps">Sec</inline>. 53.</num> <content>Subsection (c) of section 7 of the Agricultural Marketing <sidenote>Limitations on loans for physical facilities.</sidenote> Act, as amended, is amended to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">“(c)</num> <chapeau>Loans for the construction or acquisition by purchase or lease of physical facilities, or for refinancing the cost of such construction or acquistion, 1<footnote><num>1</num> So in original.</footnote> shall be subject to the following conditions:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1)</num> <content>No such loan shall be made in an amount in excess of 60 <sidenote>Not to exceed 60 percent of value.</sidenote> per centum of the value of the facilities.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2)</num> <content>No loan for the purchase or lease of such facilities shall be <sidenote>Reasonable price or rent.</sidenote> made unless the Governor of the Farm Credit Administration finds that the purchase price or rent to be paid is reasonable.”</content> </paragraph> </subsection> </quotedContent> </content> </section> <page identifier="/us/stat/48/266">266</page> <section class="firstIndent1 fontsize10"> <num value="54"><inline class="smallCaps">Sec</inline>. 54.</num><sidenote>Vol. 46, p. 14, amended.</sidenote> <content class="inline">Subsection (a) of section 8 of the Agricultural Marketing Act is amended to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">“(a)</num><sidenote>Loans and advances. Interest rates modified.</sidenote> <content class="inline">Loans to any cooperative association shall bear such rates of interest as the Governor of the Farm Credit Administration shall by regulation prescribe, but in no case shall the rate be less than 3 per centum per annum or more than 6 per centum per annum on the unpaid principal. In fixing such rates of interest, the governor shall fix such rates as he deems the needs of the lending agencies require and in the case of loans made for the purposes of section 7 (a) (1) the rate shall, as nearly as practicable, conform to a rate 1 per centum per annum in excess of the Federal Intermediate Credit Bank discount rate at the time the loan is made, and in the case of loans made for the purposes of section 7 (a) (2) the rate of interest shall, as nearly as practicable, conform to the prevailing rate on mortgage loans made to members of national farm-loan associations at the time the loan is made.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="55"><inline class="smallCaps">Sec</inline>. 55.</num><sidenote>Vol. 46, p. 18, amended.</sidenote> <content class="inline">Subsection (a) of section 15 of the Agricultural Marketing Act, as amended, is amended to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">“(a)</num><sidenote>“Cooperative association,” defined.</sidenote> <chapeau class="inline">As used in this Act the term ‘cooperative association’ means any association in which farmers act together in collectively processing, preparing for market, handling and/or marketing the farm products of persons so engaged and also means any association in which farmers act together in collectively purchasing, testing, <sidenote>Proviso. Operation for mutual benefit, etc.</sidenote> grading, and/or processing their farm supplies: <proviso>Provided, however, That such associations are operated for the mutual benefit of the members thereof as such producers or purchasers and conform to one or both of the following requirements:</proviso> </chapeau> <level> <num value="1">“First.</num> <content>That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; and</content> </level> <level> <num value="2">“Second.</num> <content> That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. “And in any case to the following: </content> </level> <level> <num value="3">“Third.</num> <content>That the association shall not deal in the products of or supplies for non-members to an amount greater in value than such as are handled by it for members.”</content> </level> </subsection> </quotedContent> </content> </section> <num class="centered" value="VI">TITLE VI—</num> <heading class="inline"><sidenote>Provisions common to corporations created under Act.</sidenote> PROVISIONS COMMON TO CORPORATIONS CREATED UNDER ACT</heading> <section> <heading class="centered smallCaps">general corporate powers</heading><sidenote>General corporate powers.</sidenote> <num value="60"><inline class="smallCaps">Section</inline> 60.</num> <content>The Central Bank for Cooperatives, and the Production Credit Corporations, the Production Credit. Associations, and the Banks for Cooperatives, organized under this Act, shall have succession, until dissolved in accordance with this or any other Act of Congress; shall have power to sue and be sued in any court, to adopt and use a corporate seal, to make contracts, to acquire, hold, and dispose of real and personal property necessary and incident to the conduct of their business, to prescribe fees and charges (which in any case shall be subject to the rules and regulations prescribed by the governor) for loans and other services; and shall have such other powers necessary and incident to carrying out their powers and duties under this or any other Act of Congress as may be provided by the governor in their charters or in any amendments thereto. Each such bank, association, or corporation shall, for the purposes of jurisdiction, be deemed a citizen of the State or District within <sidenote>Jurisdiction of courts, denied.</sidenote> which its principal office is located. No district court of the United States shall have jurisdiction of any action or suit by or against any <page identifier="/us/stat/48/267">267</page> Production Credit Corporation or Production Credit Association upon the ground that it was incorporated under this Act or that the United States owns a majority of the stock in it, nor shall any district court of the United States within the land bank district served by such association or corporation have jurisdiction by removal or otherwise of any suit by or against any such association or corporation except in cases by or against the United States or by or <sidenote>Receivers not included. Post, p. 269.</sidenote> against any officer of the United States and except in cases by or against any receiver of any such corporation or association appointed in accordance with section 65.</content> </section> <section> <heading class="centered smallCaps">examinations</heading> <num value="61"><inline class="smallCaps">Sec</inline>. 61.</num> <content>At least once each year and at such other times as the <sidenote>Annual, etc., examinations provided for.</sidenote> governor deems necessary, the Central Bank for Cooperatives, and each Production Credit Corporation, Production Credit Association, and Bank for Cooperatives, organized under this Act, shall be examined by examiners designated by the governor. The governor shall assess the cost of such examinations against the bank, association, <sidenote>Assessment of costs.</sidenote> or corporation examined, which shall pay such costs to the governor. The amounts so assessed and unpaid shall be a prior lien on all assets of the bank, association, or corporation examined except on assets pledged to secure loans.</content> </section> <section> <heading class="centered smallCaps">fiscal agents of united states</heading> <num value="62"><inline class="smallCaps">Sec</inline>. 62.</num> <content>The Central Bank for Cooperatives, the Production Credit <sidenote>Corporations made fiscal agents. Post, p. 347.</sidenote> Corporations, Production Credit Associations, and Banks for Cooperatives, organized under this Act, when designated for that purpose by the Secretary of the Treasury, shall act as fiscal agents of the United States Government and when acting as such shall perform such duties as shall be prescribed by the Secretary of the Treasury.</content> </section> <section class="firstIndent1 fontsize10"> <num value="63"><inline class="smallCaps">Sec</inline>. 63.</num> <content>The Central Bank for Cooperatives, and the Production <sidenote>To be exempt from tax, etc., payments.</sidenote> Credit Corporations, Production Credit Associations, and Banks for Cooperatives, organized under this Act, and their obligations, shall be deemed to be instrumentalities of the United States, and as such, any and all notes, debentures, bonds, and other such obligations issued by such banks, associations, or corporations shall be exempt both as to principal and interest from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States or by any State, Territorial, or local taxing authority. Such banks, associations, and corporations, their property, their franchises, capital, reserves, surplus, and other funds, and their income, shall be exempt from all taxation now or hereafter imposed by the United States or by any State, Territorial, or local taxing authority; except that any real property and any tangible personal <sidenote>Exceptions.</sidenote> property of such banks, associations, and corporations shall be subject to Federal, State, Territorial, and local taxation to the same extent as other similar property is taxed. The exemption provided herein shall not apply with respect to any Production Credit Association <sidenote>Production Credit Association not exempt.</sidenote> or its property or income after the stock held in it by the Production Credit Corporation has been retired, or with respect to the Central Bank for Cooperatives, or any Production Credit Corporation or Bank for Cooperatives, or its property or income after the stock held in it by the United States has been retired.</content> </section> <section> <heading class="centered smallCaps">unlawful acts and penalties <sidenote>Unlawful acts and penalties.</sidenote></heading> <num value="64"><inline class="smallCaps">Sec</inline>. 64.</num> <subsection class="inline"> <num value="a">(a)</num> <content>Whoever makes any material representation knowing <sidenote>False representations, etc. Post, p. 347.</sidenote> it to be false, or whoever willfully overvalues any property or security, for the purpose of influencing in any way the action of the <page identifier="/us/stat/48/268">268</page> Farm Credit Administration or any division, officer, or employee thereof, or of any corporation organized under this Act, or in which a Production Credit Corporation organized under this Act holds <sidenote>Regional credit corporations. Vol. 47, p. 713.</sidenote> stock, or of any regional agricultural credit corporation established pursuant to subsection (e) of section 201 of the Emergency Relief and Construction Act of 1932, upon any application, advance, discount, purchase or repurchase agreement, or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be punished by a fine of not more than $5,000, or by <sidenote>Counterfeiting, etc.</sidenote> imprisonment for not more than two years, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Whoever (1) falsely makes, forges, or counterfeits any note, debenture, bond, or other obligation, coupon, or paper in imitation of or purporting to be a note, debenture, bond, or other obligation, coupon, or paper issued by the Farm Credit Administration or by any corporation referred to in subsection (a) of this section; or (2) passes, utters, or publishes, or attempts to pass, utter, or publish, any false, forged, or counterfeited note, debenture, bond, or other obligation, coupon, or paper, purporting to have been issued by the Farm Credit Administration or by any such corporation, knowing the same to be false, forged, or counterfeited; or (3) falsely alters any note, debenture, bond, or other obligation, coupon, or paper issued or purporting to have been issued by the Farm Credit Administration or by any such corporation; or (4) passes, utters, or publishes, or attempts to pass, utter, or publish, any of the same as true, knowing it to be falsely altered or spurious, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than five years, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num><sidenote>Embezzlement, etc.</sidenote> <content class="inline">Whoever, being an employee, officer, or agent of the Farm Credit Administration or connected in any capacity with any corporation referred to in subsection (a) of this section, (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to the Farm Credit Administration or such corporation or pledged or otherwise intrusted to the same; or (2) with intent to defraud the United States, or any such corporation, or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiner of the Farm Credit Administration or of any such corporation, makes any false entry in any book, report, or statement of or to the Farm Credit Administration or any such corporation, or draws any order, or issues, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, mortgage, judgment, or decree thereof; or (3) with intent to defraud the United States or any corporation referred to in subsection (a) of this section, participates or shares in or receives directly or indirectly any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such corporation, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than five years, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num><sidenote>Fraud.</sidenote> <content class="inline">Whoever knowingly, with intent to defraud the United States or any corporation referred to in subsection (a) of this section, shall conceal, remove, dispose of, or convert, to his own use or to that of another, any property mortgaged or pledged to, or held by, the Farm Credit Administration, or any such corporation, as security for any obligation, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num><sidenote>Criminal Code made applicable. Vol. 35, pp. 1108–1109. <ref href="/us/usc/p475">U.S.C., p. 475</ref>.</sidenote> <content class="inline">The provisions of sections 112, 113, 114, 115, 116, and 117 of the Criminal Code of the United States (U.S.C., title 18, secs. 202 to 207, inclusive), in so far as applicable, are extended to apply to con-<page identifier="/us/stat/48/269">269</page>tracts or agreements made by the Farm Credit Administration, its divisions, officers, and employees, and by the corporations referred to in subsection (a) of this section, which, for the purposes hereof, shall be held to include advances, loans, discounts, and purchase and repurchase agreements; extensions and renewals thereof; and acceptances, releases, and substitutions of security therefor.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f)</num> <content>Whoever conspires with another to accomplish any of the <sidenote>Conspiracy.</sidenote> acts made unlawful by the preceding provisions of this section shall, on conviction thereof, be subject to the same fine or imprisonment, or both, as is applicable in the case of conviction for doing such unlawful act.</content> </subsection> </section> <section> <heading class="centered smallCaps">liquidation</heading> <num value="65"><inline class="smallCaps">Sec</inline>. 65.</num> <content> Upon default of any obligation of any Production Credit Corporation, Production Credit <sidenote>Liquidation of production credit associations, etc.</sidenote>Association, or regional Bank for Cooperatives, such bank, association, or corporation may be declared insolvent and placed in the hands of a receiver by the governor and proceedings shall thereupon be had in accordance with the provisions of law relating to the insolvency of national farm-loan associations. Any such bank, association, or corporation may, with the consent of the governor, liquidate voluntarily, but only in accordance with such rules and regulations as the governor may prescribe.</content> </section> <section class="firstIndent1 fontsize10"> <num value="66"><inline class="smallCaps">Sec</inline>. 66.</num> <content>No director, officer, or employee of the Central Bank for <sidenote>Pay limitations.</sidenote> Cooperatives, or of any Production Credit Corporation, Production Credit Association, or Bank for Cooperatives shall be paid compensation at a rate in excess of $10,000 per annum. No officer or employee of the Farm Credit Administration engaged in carrying out the provisions of titles I to VI, inclusive, of this Act shall be paid compensation at a rate in excess of $10,000 per annum.</content> </section> <num class="centered" value="VII">TITLE VII—</num> <heading class="inline">AMENDMENTS TO FEDERAL FARM <sidenote>Federal Farm Loan Act Amendments.</sidenote> LOAN ACT</heading> <section class="firstIndent1 fontsize10"> <num value="70"><inline class="smallCaps">Section</inline> 70.</num> <content>Effective January 1, 1934, the fourteenth paragraph of <sidenote>Federal land banks, directors. Restriction on employment. Vol. 39, p. 363, amended.</sidenote> section 4 of the Federal Farm Loan Act, as amended (U.S.C., title 12, sec. 683), is amended by adding after the first sentence the following: “<quotedText>Not more than one director of a Federal land bank may serve the bank or the Farm Credit Administration as an officer or employee. Except with the approval of the Farm Loan Commissioner, <sidenote>Compensation restrictions.</sidenote> no director (other than the director who may be an officer or employee) shall receive compensation or allowances for any services rendered any Federal land bank in his capacity as director for more than thirty days in any one calendar year exclusive of the period for which compensation is paid for attendance at directors’ meetings.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="70a"><inline class="smallCaps">Sec</inline>. 70a.</num> <subsection class="inline"> <num value="a">(a)</num> <chapeau>Effective one year after the enactment of this Act, <sidenote>Board of directors.</sidenote> section 4 of the Federal Farm Loan Act, as amended, is amended as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1)</num> <content>The ninth paragraph of such section (U.S.C., title 12, sec. <sidenote><ref href="/us/usc/p301">U.S.C., p. 301</ref>.</sidenote> 678) is amended to read as follows: <quotedContent> “The board of directors of every Federal land bank shall be <sidenote>Composition.</sidenote> selected as hereinafter specified and shall consist of seven members. Three of said directors shall be known as local directors of whom <sidenote>Membership.</sidenote> one shall be chosen by and be representative of national farm-loan associations and borrowers through agencies, one shall be chosen by and be representative of Production Credit Associations organized under the Farm Credit Act of 1933, and one shall be chosen by and be representative of borrowers from regional Banks for Cooperatives organized under the Farm Credit Act of 1933. Three of the seven <sidenote>District directors.</sidenote> directors shall be known as district directors and shall be appointed by the Governor of the Farm Credit Administration of whom two <page identifier="/us/stat/48/270">270</page> shall represent the public interest and one shall represent national farm-loan associations and borrowers through agencies and such director shall be a borrower from a Federal land bank. The terms of office of local and district directors shall be three years.” </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2)</num><sidenote>Nominations. Vol. 39, p. 863; Vol. 42, p. 1474. <ref href="/us/usc/p301">U.S.C., p. 301</ref>.</sidenote> <content class="inline">The tenth paragraph of such section (U.S.C., title 12, sec. 679) is amended to read as follows: <quotedContent> <sidenote>Division of districts.</sidenote> “At least two months before an election of a local director the Land Bank Commissioner shall cause notice in writing to be sent to those entitled to nominate candidates for such local director. In <sidenote>Notice of.</sidenote> the case of an election of a director to represent national farm-loan associations and borrowers through agencies, such notice shall be sent to all national farm-loan associations and borrowers through agencies in the district; in the case of an election to represent Production Credit Associations, such notice shall be sent to all Production Credit Associations in the district; and in the case of a director to represent borrowers from Banks for Cooperatives, such notice shall be sent to all cooperatives which are borrowers at the time of sending notice. Within ten days of receipt of such notice those entitled to nominate the director shall forward nominations of residents of the district to the Land Bank Commissioner. The Land Bank Commissioner shall, from such nominations, then prepare a list of candidates for such local director consisting of the ten nominees receiving the highest number of votes.” </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3)</num><sidenote>Local directors. Vol. 39, p. 363; Vol. 42, p. 1475. <ref href="/us/usc/p301">U.S.C., p. 301</ref>.</sidenote> <content class="inline">The eleventh paragraph of such section (U.S.C., title 12, sec. 680) is amended to read as follows: <quotedContent> “At least one month before the election of a local director the Land Bank Commissioner shall mail to each person or organization entitled to elect the local director the list of the ten candidates nominated <sidenote>Election of.</sidenote> in accordance with the tenth paragraph of this section. In the case of an election of a director to represent national farm-loan associations and borrowers through agencies, the directors of each farm-loan association shall cast the vote of such association for one of the candidates on the list. In voting under this section each such association shall be entitled to cast a number of votes equal to the number of stockholders of such association and each borrower through agencies shall be entitled to cast one vote. In voting under this section each Production Credit Association shall be entitled to cast a number of votes equal to the number of the class B stockholders of such associations. In voting under this section each cooperative which is a holder of stock in a Bank for Cooperatives (except the Governor of the Farm Credit Administration) shall be entitled to cast one vote. The votes shall be forwarded to the Land Bank Commissioner and no vote shall be counted unless forwarded to him within ten days after the list of candidates is received. In case of a tie the Land Bank Commissioner shall determine the choice. The nominations from which the list of candidates is prepared, and the votes of the respective voters, as counted, shall be tabulated and preserved and shall be subject to examination by any candidate for at least one year after the results of the election is announced.” </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4)</num><sidenote>District directors. Director at large; appointment, removal, etc.</sidenote> <content class="inline">The sixth and seventh sentences of the twelfth paragraph of such section (U.S.C., title 12, sec. 681) are amended to read as follows: “<quotedText>The Governor of the Farm Credit Administration shall select a director at large for the district who shall hold his office during a term of three years. Such seventh director may be removed by the Governor of the Farm Credit Administration at any time.</quotedText>”</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Provisions restricted to successors of present incumbents. Division of.</sidenote> <content class="inline">Subsection (a) shall apply only to the appointment or election of the successors of directors of land banks whose regular terms expire after the effective date of such subsection. The successors of <page identifier="/us/stat/48/271">271</page> the first local director whose regular term so expires shall be elected by and be representative of Production Credit Associations and the successors of the second local director whose regular term so expires shall be elected by and be representative of borrowers from Banks for Cooperatives. The successors of the third local director whose regular term so expires shall be elected by and be representative of national farm-loan associations and borrowers through agencies.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="71"><inline class="smallCaps">Sec</inline>. 71.</num> <content>Paragraph “Sixth” of section 14 of the Federal Farm <sidenote>Vol. 39, p. 373; Vol. 47, p. 1549. <ref href="/us/usc/p307">U.S.C., p. 307</ref>.Bank restrictions. Accepting as security personal property exempt from execution under State laws.</sidenote> Loan Act, as amended, is amended to read as follows: <quotedContent> <level class="firstIndent1 fontsize10"> <num value="6">“Sixth.</num> <content>To accept as additional security for any loan to any borrower under this Act, or any installment on any such loan, any personal property which is exempt from execution upon judgment under the laws of the State in which the land with respect to which the mortgage is given is situated.”</content> </level> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="72"><inline class="smallCaps">Sec</inline>. 72.</num> <content>Notwithstanding the provisions of the fourth paragraph <sidenote>Vol. 39, p. 369; <ref href="/us/usc/p305">U.S.C., p. 305</ref>. Responsibility of share holders.</sidenote> of section 9 of the Federal Farm Loan Act, as amended (U.S.C., title 12, sec. 744), the shareholders of national farm-loan associations shall not be held individually responsible for any contract, debt, or engagement of such association entered into after the date of the enactment of this Act, but this section shall not be construed to relieve any other liability with respect to stock held by such shareholders.</content> </section> <section class="firstIndent1 fontsize10"> <num value="73"><inline class="smallCaps">Sec</inline>. 73.</num> <content>Paragraph “Second” of section 12 of the Federal Farm <sidenote>Vol. 39, p. 370; <ref href="/us/usc/p305">U.S.C., p. 305</ref>. Land banks, charges for making loans.</sidenote> Loan Act, as amended (U.S.C., title 12, sec. 771), is amended by inserting after “<quotedText>exceeding</quotedText>” where it appears the second time a comma and the following: “<quotedText>except with the approval of the Governor of the Farm Credit Administration,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="74"><inline class="smallCaps">Sec</inline>. 74.</num> <content>The first sentence of paragraph “Sixth” of section 12 of <sidenote>Vol. 39, p. 371; <ref href="/us/usc/p305">U.S.C., p. 305</ref>.</sidenote> the Federal Farm Loan Act, as amended (U.S.C., title 12, sec. 771), is amended to read as follows: <quotedContent> “No such loan shall be made to any person who is not at the time, <sidenote>Classes to whom loans may be made extended.</sidenote> or shortly to become, engaged in farming operations or to any other person unless the principal part of his income is derived from farming operations.” </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="75"><inline class="smallCaps">Sec</inline>. 75.</num> <subsection class="inline"> <num value="a">(a)</num> <content>Paragraph “Fourth” of section 14 of the Federal <sidenote>Vol. 39, p. 373; <ref href="/us/usc/p307">U.S.C., p. 307</ref>.</sidenote> Farm Loan Act, as amended (U.S.C., title 12, sec. 791), is amended by inserting after “<quotedText>bonds</quotedText>” the following: “<quotedText>(including consolidated bonds issued on its behalf)</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Section 21 of the Federal Farm Loan Act, as amended, is <sidenote>The word “indorsed”, deleted in certain provisions of act. Vol. 42, p. 1476; <ref href="/us/usc/p310">U.S.C., p. 310</ref>, amended.</sidenote> amended by striking out of the fourth and tenth paragraphs thereof (U.S.C., title 12, secs. 874 and 880) the word “<quotedText>indorsed</quotedText>” wherever the same appears in said paragraphs.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="76"><inline class="smallCaps">Sec</inline>. 76.</num> <subsection class="inline"> <num value="a">(a)</num> <content>Section 201(b) of the Federal Farm Loan Act, as <sidenote>Intermediate Credit Banks. Vol. 42, p. 1454; <ref href="/us/usc/p316">U.S.C., p. 316</ref>, amended. Directors.</sidenote> amended (U.S.C., title 12, sec. 1022), is amended to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b)</num> <content>Such institutions shall be established in the same cities as the twelve Federal Land Banks. The directors of the several Federal Land Banks shall be ex officio directors of the several Federal Intermediate Credit Banks hereby provided for and shall have power, subject to the approval of the Governor of the Farm Credit Administration, to employ and fix the compensation of such officers <sidenote>Compensation provisions.</sidenote> and employees of such Federal Intermediate Credit Banks as may be necessary to carry on the business authorized by this title.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Paragraph (1) of subsection (a) of section 202 of the Federal <sidenote>Discounts and loans. Vol. 42, p. 1455; <ref href="/us/usc/p316">U.S.C., p. 316</ref>, amended.</sidenote> Farm Loan Act, as amended (U.S.C., title 12, sec. 1031), is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1)</num> <content>To discount for, or purchase from, any national bank, <sidenote>Credit unions included as eligible borrowers.</sidenote> and/or any State bank, trust company, agricultural credit corporation, incorporated livestock loan company, savings institution, <page identifier="/us/stat/48/272">272</page><sidenote>Classes of cooperative associations modified. Vol. 43, p. 1264; Vol. 46, p. 816.</sidenote> cooperative bank, credit union, cooperative association of agricultural producers, organized under the laws of any State or of the Government of the United States, and/or any other Federal Intermediate Credit Bank, with its endorsement, any note, draft, bill of exchange, debenture, or other such obligation the proceeds of which have been advanced or used in the first instance for any agricultural purpose or for the raising, breeding, fattening, or marketing of <sidenote>Direct loans authorized. Discount, etc., paper of Production Credit Association.</sidenote> livestock; and to make loans or advances direct to any such organization, secured by such obligations; and to discount for, or purchase from, any Production Credit Association organized under the Farm Credit Act of 1933 or any production credit association in which a Production Credit Corporation organized under such Act holds stock, with its endorsement, any note, draft, bill of exchange, debenture, or other such obligation presented by such association, and to <sidenote>Security.</sidenote> make loans and advances direct to any such association secured by such collateral as may be approved by the Governor of the Farm Credit Administration;”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num><sidenote>Vol. 42, p. 1455; <ref href="/us/usc/p316">U.S.C., p. 316</ref>.</sidenote> <content class="inline">Paragraph (3) of subsection (a) of section 202 of the Federal Farm Loan Act, as amended (U.S.C., title 12, sec. 1031), is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3)</num><sidenote>Direct loans to associations of agricultural or livestock producers.</sidenote> <content class="inline">To make loans or advances direct to any cooperative association organized under the laws of any State and composed of persons engaged in producing, or producing and marketing, staple agricultural products, or livestock, if the notes or other such obligations <sidenote>Security.</sidenote> representing such loans are secured by warehouse receipts, and/or shipping documents covering such products, and/or mortgages <sidenote>Other approved collateral added. Proviso. Value limit.</sidenote> on livestock, and/or such other collateral as may be approved by the Governor of the Farm Credit Administration: <proviso> Provided, That no such loan or advance, when secured only by warehouse receipts and/or shipping documents, and/or mortgages on livestock, shall exceed 75 per centum of the market value of the products covered by said warehouse receipts and/or shipping documents, or of the livestock <sidenote>Other paper accepted.</sidenote> covered by said mortgages; and to accept drafts or bills of exchange issued or drawn by any such association when secured by warehouse receipts and/or shipping documents covering staple agricultural products as herein provided.”</proviso> </content> </paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="77"><inline class="smallCaps">Sec</inline>. 77.</num><sidenote>Agricultural Credits Act, 1923. New credit corporations under, forbidden. Vol. 42, p. 1461; <ref href="/us/usc/p320">U.S.C., p. 320</ref>.Federal Farm Loan Act, amended. Vol. 39, p. 382; <ref href="/us/usc/p314">U.S.C., p. 314</ref>, amended.False statements by mortgagee in sale to any Federal land bank.</sidenote> <content class="inline">After the date of the enactment of this Act, no national agricultural credit corporation shall be formed under the provisions of the title II of the Agricultural Credits Act of 1923.</content> </section> <section class="firstIndent1 fontsize10"> <num value="78"><inline class="smallCaps">Sec</inline>. 78.</num> <content class="inline">Section 31 of the Federal Farm Loan Act, as amended (U.S.C., title 12, sec. 986), is amended by adding at the end thereof a new paragraph, as follows: <quotedContent> “Any mortgagee who shall knowingly make any false statement in any paper, proposal, or letter, relating to the sale of any mortgage, to any Federal land bank under the provisions of section 13 of this Act, as amended, or any appraiser provided for in this Act who shall <sidenote>Punishment for.</sidenote> willfully overvalue any land securing such mortgage, shall be punished by a fine of not exceeding $5,000 or by imprisonment not exceeding one year, or both.” </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="79"><inline class="smallCaps">Sec</inline>. 79.</num><sidenote>Powers of land banks. Vol. 47, pp. 14, 1548; <ref href="/us/usc/p307">U.S.C., p. 307</ref>.</sidenote> <content class="inline">Section 13 of the Federal Farm Loan Act, as amended (U.S.C., title 12, sec. 781), is amended by adding at the end thereof the following new paragraph: <quotedContent> <sidenote>Provision for equally sharing a defaulted mortgage.</sidenote> “Fourteenth. To enter into agreements with national farm-loan associations of the district under the terms of which losses incurred and gains realized on account of the disposition of lands covered by a defaulted mortgage indorsed by such association will be shared equally by the bank and the association.” </quotedContent> </content> </section> <page identifier="/us/stat/48/273">273</page> <num class="centered" value="VIII">TITLE VIII—</num> <heading class="inline">MISCELLANEOUS <sidenote>Miscellaneous.</sidenote></heading> <section class="firstIndent1 fontsize10"> <num value="80"><inline class="smallCaps">Section</inline> 80.</num> <subsection class="inline"> <num value="a">(a)</num> <content>After the date of the enactment of this Act, the <sidenote>Farm Loan Commissioner known hereafter as Land Bank Commissioner.</sidenote> office of Farm Loan Commissioner shall be known as the office of the Land Bank Commissioner and the Farm Loan Commissioner shall be known as the Land Bank Commissioner. The provisions of the <sidenote>Term of office. Vol. 39, p. 360; <ref href="/us/usc/p299">U.S.C., p. 299</ref>, amended.</sidenote> third paragraph of section 3 of the Federal Farm Loan Act, as amended (U.S.C., title 12, sec. 653), prescribing a term of office of eight years shall not apply to incumbents hereafter appointed to the office of Land Bank Commissioner.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>There shall be in the Farm Credit Administration three commissioners <sidenote>Commissioners increased to three. Vol. 39, p. 360, amended.</sidenote> who shall be known, respectively, as the Production Credit Commissioner, the Cooperative Bank Commissioner, and the Intermediate Credit Commissioner. Such commissioners shall be <sidenote>Appointment, salary, etc.</sidenote> appointed by the President, by and with the advice and consent of the Senate. They shall receive an annual salary of $10,000, payable monthly, together with actual necessary traveling expenses. Such <sidenote>Duties.</sidenote> commissioners shall perform such duties as may be assigned to them by law or by the governor of the Farm Credit Administration.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="81"><inline class="smallCaps">Sec</inline>. 81.</num> <content>The signature of the Land Bank Commissioner on <sidenote>Attesting Commissioner’s signature.</sidenote> Federal farm-loan bonds shall be attested by any Deputy Land Bank Commissioner.</content> </section> <section class="firstIndent1 fontsize10"> <num value="82"><inline class="smallCaps">Sec</inline>. 82.</num> <content>The authority and powers conferred upon the governor <sidenote>Governor’s authority, etc. Powers herein granted to be additional to existing law.</sidenote> under this Act shall not be construed to be in substitution for authority and powers conferred upon him under existing law but shall be construed to be supplementary to such authority and powers.</content> </section> <section class="firstIndent1 fontsize10"> <num value="83"><inline class="smallCaps">Sec</inline>. 83.</num> <content>This Act shall not be construed to repeal subsection (e) <sidenote>Regional Agricultural Credit Corporations. Vol. 47, p. 713.</sidenote> of section 201 of the Emergency Relief and Construction Act of 1932.</content> </section> <section class="firstIndent1 fontsize10"> <num value="84"><inline class="smallCaps">Sec</inline>. 84.</num> <content>The Reconstruction Finance Corporation is authorized, <sidenote>Capital may be reduced.</sidenote> with the approval of the Governor of the Farm Credit Administration, to reduce the capital of any Regional Agricultural Credit Corporation by such action as may be suitable for the purpose. The <sidenote>Difference to form a revolving fund; use, etc.</sidenote> funds made available by any such reduction shall constitute a revolving fund, all or any part of which shall be available for use from time to time by the Reconstruction Finance Corporation for the purpose of increasing, with the approval of the Governor of the Farm Credit Administration, the capital of any Regional Agricultural Credit Corporation.</content> </section> <section class="firstIndent1 fontsize10"> <num value="85"><inline class="smallCaps">Sec</inline>. 85.</num> <content>The Farm Credit Administration shall have a seal, as <sidenote>Farm Credit Administration; seal.</sidenote> adopted by the governor, which shall be judicially noticed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="86"><inline class="smallCaps">Sec</inline>. 86.</num> <content>Subdivision (a) of section 10 of the Act entitled “An <sidenote>Emergency Agricultural Relief Act amended. Ante, p. 37. Post, p. 1263.</sidenote> Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes,” approved May 12, 1933, is amended by inserting before the period at the end of the first sentence a colon and the following: “<quotedText> <proviso> And provided further, That the State Administrator appointed to <sidenote>State Administrator a Presidential appointee.</sidenote> administer this Act in each State shall be appointed by the President, by and with the advice and consent of the Senate.</proviso> </quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="87"><inline class="smallCaps">Sec</inline>. 87.</num> <content>If any provision of this Act, or the application thereof <sidenote>Separability provisions.</sidenote> to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.</content> </section> <section class="firstIndent1 fontsize10"> <num value="88"><inline class="smallCaps">Sec</inline>. 88.</num> <content>The right to alter, amend, or repeal this Act is hereby <sidenote>Amendment.</sidenote> expressly reserved.</content> </section> Approved, June 16, 1933, 1:10 p.m.

To extend the provisions of the Act entitled “An Act to extend the period of time during which final proof may be offered by homestead entrymen”, approved May 13, 1932, to desert-land entrymen, and for other purposes. Chapter 99 48 Stat. 274 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public 274 [CHAPTER 99.]

AN ACT To extend the provisions of the Act entitled “An Act to extend the period of time during which final proof may be offered by homestead entrymen”, approved May 13, 1932, to desert-land entrymen, and for other purposes.

June 16, 1933.

[H.R. 5239.]

[Public, No. 76.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Homestead entries, public lands.

Extension of time for offering final proof, authorized.

Vol. 47, p. 153, amended.

That the Act entitled “An Act to extend the period of time during which final proof may be offered by homestead entrymen”, approved May 13, 1932, is amended to read as follows:

“That the Secretary of the Interior is hereby authorized to extend for not exceeding two years the period during which annual

Pending entry necessary.

or final proof may be offered by any person who has a pending homestead or desert-land entry upon public lands of the United States on which at the date of this Act or on any date on or prior to

Proof of residence, etc.

Provisos.

Adverse conditions to be shown.

December 31, 1934, under existing law, annual or final proof is required, showing residence, cultivation, improvements, expenditures, or payment of purchase money as the case may be: Provided, That any such entryman shall be required to show that it is a hardship upon himself to meet the requirements incidental to annual or final proof upon the date required by existing law due to adverse weather

Limitation on application of Act.

or economic conditions: And provided further, That this Act shall apply only to cases where adequate relief is not available under existing law.

“Sec. 2.

Rules to be prescribed.

The Secretary of the Interior is authorized to make such rules and regulations as are necessary to carry out the purposes of this Act.”

Approved, June 16, 1933, 1:15 p.m.

Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933, and June 30, 1934, and for other purposes. Chapter 100 48 Stat. 274 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 100.]

June 16, 1933.

[H.R. 6034.]

[Public, No. 77.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Fourth Deficiency Act, fiscal year 1933.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1933, and June 30, 1934, and for other purposes, namely:

Legislative.

LEGISLATIVE ESTABLISHMENT

Pages, Houses of Congress.

Ante, p. 29.

For the payment of pages from the end of the first session of the Seventy-third Congress to and including June 30, 1933, as follows:

For twenty-one pages for the Senate Chamber at the rate of pay provided by law, so much as may be necessary.

For forty-one pages for the House of Representatives, including ten pages for duty at the entrances to the Hall of the House, at the rate of pay provided by law, so much as may be necessary.

Senate.

senate

Inquiries and investigations, expenses.

For expenses of inquiries and investigations ordered by the Senate, including compensation to stenographers of committees, at such rate as may be fixed by the Committee to Audit and Control 275 the Contingent Expenses of the Senate, but not exceeding 25 cents per hundred words, fiscal year 1934, $100,000. house of representatives

House of Representatives.

Police force, House Office Building, under the Sergeant at Arms:

Police force, House Office Building.

Six privates at the rate of $1,620 per annum each, fiscal year 1934, $8,910. capitol police

Capitol Police.

Salaries: Eight privates at $1,620 per annum each, fiscal year

Salaries.

1934, $11,880; one half of such privates to be selected by the Sergeant at Arms of the Senate and one half by the Sergeant at Arms of the House.

For purchasing and supplying uniforms and motor cycles to

Uniforms, motorcycles, contingent expenses.

Disbursement.

Capitol police, and for contingent expenses, fiscal year 1934, $1,460.

One half of the foregoing amounts under “Capitol Police” shall be disbursed by the Secretary of the Senate and one half by the Clerk of the House.

architect of the capitol

Architect of the Capitol.

Senate Office Building: For four female attendants, Senate Office

Senate Office Building.

Female attendants.

Building, at $1,080 per annum each, fiscal year 1934, $3,960. EXECUTIVE OFFICE AND INDEPENDENT

Executive, etc.

ESTABLISHMENTS national industrial recovery and tennessee valley authority

National Industrial Recovery and Tennessee Valley Authority.

For the purpose of carrying into effect the provisions of the Act

Ante, p. 195.

entitled “An Act to encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works, and for other purposes”, approved June 16, 1933, and also for the purpose of carrying into effect the provisions of the Act entitled “An Act for the relief of unemployment

Ante, p. 22.

through the performance of useful public work, and for other purposes”, approved March 31, 1933, and for each and every object thereof, to be expended in the discretion and under the direction of the President, to be immediately available, and except as hereinafter provided to remain available until June 30, 1935, $3,300,000,000; of which not to exceed $50,000,000 shall be available to the

Sum available for Tennessee Valley Authority.

board of directors of the Tennessee Valley Authority, and to remain available until expended, for the purpose of carrying out the provisions of the Act of Congress entitled “The Tennessee Valley

Ante, pp. 58, 71.

Authority Act of 1933”, approved May 18, 1933, including the

Purchase of land, etc.

Construction, etc.

acquisition of necessary land, the clearing of such land, relocation of highways, and the construction and/or purchase of transmission lines and other facilities, the construction of the Cove Creek Dam and powerhouse and all other necessary works authorized by said Act, and for printing and binding, law books, books of reference,

Printing and binding, etc.

newspapers, periodicals, purchase, maintenance and operation of passenger-carrying vehicles, rents in the District of Columbia and elsewhere and all necessary salaries and expenses connected with the organization, operation, and investigations of the Tennessee Valley Authority, including reimbursements for any expenses prior to the

Reimbursement for prior expenditures.

enactment of this appropriation incurred at the direction of the President. 276

Farm Credit Administration.

farm credit administration

Additional sum.

For an additional amount for the revolving fund created by

Ante, p. 258.

section 5 of the Farm Credit Act of 1933, approved June 16, 1933, $40,000,000.

Production Credit Corporations and Associations.

Administrative expenses.

Ante, p. 258.

For all necessary administrative expenses in connection with the establishment and supervision of the Production Credit Corporations and the Production Credit Associations authorized by the Farm Credit Act of 1933, approved June 16, 1933, including personal services in the District of Columbia and elsewhere, printing and binding, and all other necessary expenses, fiscal year 1934, $2,000,000, to be immediately available and to remain available until expended.

Federal Trade Commission.

federal trade commission

Additional sum.

Post, p. 291.

For an additional amount for the Federal Trade Commission for the fiscal year 1934, including the same objects specified under this head in the Independent Offices Appropriation Act for the fiscal year 1934, $250,000, of which $25,000 shall be available immediately.

Printing and binding.

For an additional amount for printing and binding for the Federal Trade Commission, fiscal year 1934, $15,000.

Federal Home Loan Bank Board.

federal home loan bank board

Home financing, etc.

Ante, p. 134.

Encouragement of savings and home financing: To enable the Federal Home Loan Bank Board to encourage local thrift and local home financing and to promote, organize, and develop Federal Savings and Loan Associations or similar associations organized under local law’s, in accordance with the provisions of section 6 of an Act entitled “Home Owners’ Loan Act of 1933,” approved June 13, 1933, $150,000, to be immediately available and to remain available until expended.

George Rogers Clark Sesquicentennial Commission.

Completion of memorial.

Post, p. 292.

george rogers clark sesquicentennial commission That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $250,000, or so much thereof as may be necessary, for the completion of the

Vol. 45, p. 724.

memorial authorized by section 2 of the joint resolution approved May 23, 1928, as amended, to be erected at or near the site of Fort Sackville in the city of Vincennes, Indiana, in commemoration of the winning of the Old Northwest and the achievements of George Rogers Clark and his associates in the war of the American Revolution, and for the acquisition and removal of all structures on the site of such memorial, and for the grading, filling, and landscaping of the

Expenditure.

grounds thereof. Such sum shall be expended by the George Rogers Clark Sesquicentennial Commission in the manner provided in section 2 of such joint resolution, as amended.

District of Columbia.

DISTRICT OF COLUMBIA

Judgments.

judgments

Payment of.

For the payment of final judgments, including costs, rendered against the District of Columbia, as fully set forth in schedules accompanying the letters of the budget officer for the District of Columbia, dated June 2, 1933, and June 10, 1933, to the Director of the Bureau of the Budget separately transmitted to the Seventy-third Congress, first session, with communications from the President of the United States to the Speaker of the House of Representatives,

Interest.

dated June 9, 1933, together with the further sum to pay interest, at not exceeding 4 per centum per annum on such judgments, as provided by law, from the date the same became due, until the date 277 of payment, $11,278.71, and such sum shall be paid out of the

Fund from which payable.

Vol. 47, p. 343.

revenues of the District of Columbia and the Treasury of the United States in the manner prescribed in the District of Columbia Appropriation Act for the fiscal year 1933. DEPARTMENT OF THE INTERIOR

Interior Department.

general land office

General Land Office.

To pay to Marion F. Blackwell the fair and reasonable value of all

Marion F. Blackwell.

Land improvement.

improvements placed by him upon the southeast quarter southwest quarter section 27, township 2 south, range 6 west, Saint Stephens meridian, Mississippi, as determined by the Secretary of the Interior,

Vol. 47, p. 1724.

in accordance with the Act of February 15, 1933, fiscal year 1933, $1,000. bureau of indian affairs

Bureau of Indian Affairs.

Sequoyah Orphan Training School, Tahlequah, Oklahoma: The

Sequoyah Orphan Training School, Okla.

Balance available.

Vol. 47, p. 106.

unexpended balances of appropriations available during the fiscal year 1933 for the construction of physical improvements at the Sequoyah Indian Orphan Training School, near Tahlequah, Oklahoma, are hereby continued available for use during the fiscal year 1934.

Compensation to non-Indian claimants, Pueblo Indian Lands,

New Mexico, pueblos.

Compensation to non-Indian claimants.

Ante, p. 108.

Vol. 43, p. 636.

New Mexico: For carrying out the provisions of the Act of May 31, 1933, in settlement of the liability of the United States to non-Indian claimants on Indian Pueblo grants whose claims, extinguished under the Act of June 7, 1924, have been found by the Pueblo Lands Board to have been claims in good faith, fiscal year 1933, $232,086.80, to remain available until June 30, 1934, and to be apportioned to claimants within the several Pueblos as follows: Tesuque, $1,094.63; Nambe, $19,393.59; Taos, $14,064.57; Tenorio Tract, Taos Pueblo, $43,165.26; Santa Ana (El Ranchito grant), $846.26; Santo Domingo, $66; Sandia, $5,354.46; San Filipe, $16,424.68; Isleta, $6,624.45; Picuris, $11,464.73; San Ildefonso, $16,209.13; San Juan, $19,938.22; Santa Clara, $35,350.88; Cochiti, $9,653.81; Pojoaque, $1,767.26; Laguna, $30,668.87.

DEPARTMENT OF JUSTICE

Department of Justice.

contingent expenses

Contingent expenses.

For additional amounts for contingent expenses, Department of Justice, including the same objects specified under this head in the Acts making appropriations for the Department of Justice for the fiscal years that follow: For 1930, $2.87; For 1932, $116.91. united states courts

United States Courts.

Fees of commissioners: For additional amounts for fees of commissioners,

Fees of Commissioners.

United States courts, including the same objects specified under this head in the Acts making appropriations for the Department of Justice for the fiscal years that follow:

For 1925, $7.80; For 1930, $11.05; For 1931, $3,896.70; For 1932, $12,374.92.

Miscellaneous expenses: For an additional amount for miscellaneous

Miscellaneous expenses.

expenses, United States courts, including the same objects specified under this head in the Act making appropriations for the Department of Justice for the fiscal year 1930, $24.61.

278

Supplies.

Supplies: For additional amounts for supplies for United States courts, including the same objects specified under this head in the Acts making appropriations for the Department of Justice for the fiscal years that follow:

For 1931, $1.40; For 1932, $545.

Department of Labor.

DEPARTMENT OF LABOR

Employment Service.

united states employment service

National employment system.

Ante, p. 113.

For carrying out the provisions of the Act entitled “An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes”, approved June 6, 1933, including personal services and rent in the District of Columbia and elsewhere; traveling expenses, including expenses of attendance at meetings concerned with the work of the United States Employment Service when specifically authorized by the Secretary of Labor; law books, books of reference and periodicals, printing and binding, supplies and equipment, telegraph and telephone service, and miscellaneous expenses, fiscal year 1934, $1,500,000.

Department of State.

DEPARTMENT OF STATE

International Monetary and Economic Conference.

Expenses of participation.

Vol. 47, p. 538.

Post, p. 1041.

international monetary and economic conference

For an additional amount for the expenses of participation by the United States in an international monetary and economic conference to be held in London, including the same objects specified under this head in the Second Deficiency Act, fiscal year 1933, $125,000, to remain available during the fiscal year 1934.

Mixed Claims Commission, United States and Germany.

Vol. 42, p. 2200; Vol. 45, p. 2698.

Mixed Claims Commission United States and Germany: For expenses of determining the amounts of claims against Germany by the Mixed Claims Commission established under the agreement concluded between the United States and Germany on August 10, 1922, and subsequent agreement between those Governments, for the determination of the amount to be paid by Germany in satisfaction of the financial obligations of Germany under the treaty

Vol. 42, p. 1939.

concluded between the Governments of the United States and Germany on August 25, 1921, including the expenses which under the terms of such agreement of August 10, 1922, are chargeable in part to the United States, and the preparation of a final report by the American Commissioner and the orderly arrangement for preservation and disposition of the records of the Commission; and the expenses of an agency of the United States to perform all necessary services in connection with the preparation of claims and the presentation thereof before said Mixed Claims Commission, and the

Final report.

preparation of a final report of the agent and the orderly arrangement for preservation of the records of the agency and the disposition of property jointly owned by the two Governments, including salaries of an agent and necessary counsel and other assistants and

Employment of counsel, etc.

employees, rent in the District of Columbia, employment of special counsel, translators, and other technical experts, by contract, without regard to the provisions of any statute relative to employment, and for contract stenographic reporting services without regard to

R.S., sec. 3709, p. 733.

U.S.C., p. 1309.

Printing and binding.

section 3709 of the Revised Statutes (U.S.C., title 41, sec 5), law books and books of reference, printing and binding, contingent expenses, traveling expenses, press-clipping service, for all neces-279sary and appropriate expenses in connection with proceedings under

Traveling expenses.

Vol. 46, p. 1005.

Ante, p. 117.

the Act entitled “An Act to amend the Act approved July 3, 1930 (46 Stat., p. 1005), authorizing Commissioners or members of international tribunals to administer oaths, and so forth”, approved June 7, 1933, including stenographic transcripts of the testimony

Stenographic, etc., expenses.

of witnesses, and such other expenses in the United States and elsewhere as the President may deem proper, fiscal year 1934, $35,700.

TREASURY DEPARTMENT

Treasury Department.

office of the secretary

Secretary’s Office.

Subscriptions to paid-in surplus of Federal land banks: To enable

Federal land banks.

Subscription to paid in surplus.

Ante, p. 43.

Post, p. 1060.

the Secretary of the Treasury to pay for subscriptions to the paid-in surplus of Federal land banks in accordance with the provisions of section 23 of an Act entitled “Emergency Farm Mortgage Act of 1933”, approved May 12, 1933, $50,000,000, to be available immediately and to remain available until expended.

Payments to Federal land banks on account of reductions in

Payments to, reduction in interest on mortgages.

Ante, p. 43.

interest rate on mortgages: To enable the Secretary of the Treasury to pay each Federal land bank such amount as the Farm Loan Commissioner certifies to the Secretary of the Treasury is equal to the amount by which interest payments on mortgages held by such bank have been reduced, in accordance with the provisions of section 24 of an Act entitled “Emergency Farm Mortgage Act of 1933”, approved May 12, 1933, fiscal year 1934, $15,000,000.

Subscriptions to preferred shares in Federal Savings and Loan

Federal Savings and Loan Associations.

Subscriptions to shares.

Ante, p. 133.

Associations: To enable the Secretary of the Treasury to make payments on account of subscriptions to preferred shares in Federal Savings and Loan Associations in accordance with the provisions of section 5 (g) of an Act entitled “Home Owners’ Loan Act of 1933”, approved June 13, 1933, $50,000,000, to be immediately available and to remain available until expended.

Payment for capital stock of the Federal Deposit Insurance Corporation:

Federal Deposit Insurance Corporation.

Ante, p. 168.

To enable the Secretary of the Treasury to make payment for capital stock of the Federal Deposit Insurance Corporation in accordance with the provisions of paragraph (c) of section 12B of the Act entitled “Banking Act of 1933”, approved June 16, 1933, $150,000,000, to be immediately available and to remain available until expended.

office of the supervising architect

Supervising Architect’s Office.

Agricultural Department Buildings, Washington, District of

Extensible building, Department of Agriculture.

Appropriations available for equipment, etc.

Vol. 44, p. 874; Vol. 46, p. 1604.

Columbia: The authorization contained in the Act of July 3, 1926 (44 Stat., p. 874), for the acquisition of a site and the construction of an extensible building for the use of the Department of Agriculture, as modified by the Act of March 4, 1931 (46 Stat., p. 1604). under an estimated total cost of $12,800,000, is hereby further modified so as to make the appropriations provided under the authority of said Acts available for the purchase and installation of all necessary fixed laboratory equipment and fixed mechanical equipment incident thereto and for special treatment of floors and walls in connection with laboratories.

<num class="centered" value="II">TITLE II—</num> <heading class="inline">JUDGMENTS AND AUTHORIZED CLAIMS <sidenote>Judgments and authorized claims.</sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">damage claims <sidenote>Damage claims.</sidenote></heading> <num value="1"><inline class="smallCaps">Section</inline> 1.</num> <content>For the payment of claims for damages to or losses of <sidenote>Settlement of, not in excess of $1,000.</sidenote> privately owned property, adjusted and determined by the following respective departments and independent office, under the provisions <page identifier="/us/stat/48/280">280</page><sidenote>Vol. 42, p. 1066. <ref href="/us/usc/p989">U.S.C., p. 989</ref>.</sidenote> of the Act entitled “An Act to provide for a method for the settlement of claims arising against the Government of the United States in sums not exceeding $1,000 in any one case”, approved December 28, 1922 (U.S.C., title 31, secs. 215–217), and certified to the Seventy-third Congress in a communication from the President of the United States to the Speaker of the House of Representatives, dated June 9, 1933, under the following departments and independent office, namely:<list> <listItem> <listContent class="indent1 fontsize10 depth0">Department of Agriculture, $302.07;</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">Department of Commerce, $20.24;</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">Department of Justice, $608.89;</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">Post Office Department, payable out of postal revenues, $3,930.47;</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">Treasury Department, $95.80;</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">Public Buildings and Public Parks of the National Capital, $167.81;</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">In all, $5,125.28.</listContent> </listItem> </list> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">judgments, united states courts</heading><sidenote>United States courts, judgments.</sidenote> <num value="2"><inline class="smallCaps">Sec</inline>. 2.</num><sidenote>Payment of, for suits in admiralty.</sidenote> <content class="inline"> For the payment of judgments, including costs of suits, rendered against the Government of the United States by United <sidenote>Vol. 43, p. 1112. <ref href="/us/usc/p1529">U.S.C., p. 1529</ref>.</sidenote> States district courts under the provisions of an Act entitled “An Act authorizing suits against the United States in admiralty for damages caused by and salvage services rendered to public vessels belonging to the United States, and for other purposes”, approved March 3, 1925 (U.S.C., title 46, sec. 787) and certified to the Seventy-third Congress in a communication from the President of the United States to the Speaker of the House of Representatives dated June 9, 1933, under the following departments, namely: <sidenote>Under Navy Department.</sidenote> Navy Department: C. Pateras and Sons and others (United States District Court, Eastern District of Virginia, May 8, 1933, damages due to collision between the steamship Constantinos Pateras and the United States steamship Falcon), $10,942.55. <sidenote>War Department.</sidenote> War Department: Wilmington and Pennsgrove Transportation Company (United States District Court, Eastern District of Pennsylvania, May 11, 1933, loss of ferryboat Harding Highway owing to collision with United States dredge W. L. Marshall), $28,819.80. <sidenote>Vol. 43, p. 1112. <ref href="/us/usc/p1529">U.S.C., p. 1529</ref>.</sidenote> Total judgments under Public Vessels Act, $39,762.35, together with such additional sum as may be necessary to pay interest on <sidenote>Interest.</sidenote> any such judgment where specified therein and at the rate provided by law. <sidenote>Time of payments.</sidenote> None of the judgments contained under this caption shall be paid until the right of appeal shall have expired, except such as have become final and conclusive against the United States by failure of the parties to appeal or otherwise. </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">judgments, court of claims</heading><sidenote>Judgments, Court of Claims.</sidenote> <num value="3"><inline class="smallCaps">Sec</inline>. 3.</num><sidenote>Payment of.</sidenote> <content class="inline"> For the payment of the judgments rendered by the Court of Claims as set forth in the schedule transmitted to the Seventy-third Congress, first session, in a communication from the President of the United States to the Speaker of the House of Representatives, dated June 9, 1933, under the following departments, namely: <sidenote>Under Interior Department.</sidenote> Interior Department: William S. Ferris, trading as Do/More Chair Company (March 13, 1933, M–365, chairs purchased under contract), $585. <sidenote>Navy Department.</sidenote> Navy Department: Snare and Triest Company (now Frederick Snare Corporation), a corporation (June 6, 1932, E–325, contract for water-front improvement), $5,474.80; John R. Brady (March 13, 1933. H–173, difference in pay), $768.75; Tampa Shipbuilding and <page identifier="/us/stat/48/281">281</page> Engineering Company (March 13, 1933, M–128, repair of dredge), $1,892.60; Clarence V. Lee (May 8, 1933, M–318, rental and subsistence allowances), $4,685.47; Arthur L. Bristol (May 8, 1933, M–330, rental and subsistence allowances), $8,883.16; in all, under Navy Department, $21,704.78. War Department: International Arms and Fuze Company (December <sidenote>War Department.</sidenote> 5, 1932, C–220, contract for rifle grenades—Ordnance), $102,459.85; Johnson and Higgins, of California (March 13, 1933, K–89, damage to and loss of cargo), $2,365.12; L. Gertner, senior, trading as Fort Dodge Boiler Works (January 9, 1933, K–438, contract for installation of heating system at Army and Navy General Hospital, Hot Springs, Arkansas), $9,992; in all, War Department, $114,816.97. Total, judgments, Court of Claims, $137,106.75: <proviso> Provided, That <sidenote>Proviso. Time of payment.</sidenote> none of the judgments contained under this caption which have not been affirmed by the Supreme Court or otherwise become final and conclusive against the United States shall be paid until the expiration of the time within which application may be made for a writ of certiorari under subdivision (b), section 3, of the Act entitled <sidenote>Vol. 43, p. 939. <ref href="/us/usc/p900">U.S.C., p. 900</ref>.</sidenote> “An Act to amend the Judicial Code, and to further define the jurisdiction of the circuit courts of appeals and of the Supreme Court, and for other purposes”, approved February 13, 1925 (U.S.C., title 28, sec. 288).</proviso> Payment of interest wherever provided for judgments contained <sidenote>Interest.</sidenote> in this Act shall not in any case continue for more than thirty days after the date of approval of the Act. </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered">AUDITED CLAIMS <sidenote>Audited claims.</sidenote></heading> <num value="4"><inline class="smallCaps">Sec</inline>. 4.</num> <chapeau>For the payment of the following claims, certified to be due <sidenote>Payment of.</sidenote> by the General Accounting Office under appropriations the balances of which have been carried to the surplus fund under the provisions of section 5 of the Act of June 20, 1874 (U.S.C., title 31, sec. 713), <sidenote>Vol. 18, p. 110. <ref href="/us/usc/p1022">U.S.C., p. 1022</ref>.</sidenote> and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1930 and prior years, unless otherwise stated, and which have been certified to Congress under section 2 of <sidenote>Vol. 23, p. 254. <ref href="/us/usc/p43">U.S.C., p. 43</ref>.</sidenote> the Act of July 7, 1884 (U.S.C., title 5, sec. 266), in the schedule transmitted to the Seventy-third Congress, first session, by the President of the United States in a communication to the Speaker of the House of Representatives, dated June 9, 1933, there is appropriated as follows:</chapeau> <appropriations level="small"> <heading>legislative establishment <sidenote>Legislative Establishment.</sidenote></heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For salaries, officers and employees, House of Representatives, $21.60.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>independent offices <sidenote>Independent Offices.</sidenote></heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For medical and hospital services, Veterans’ Bureau, $35,159.51.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For military and naval compensation, Veterans’ Administration, $1,515.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For military and naval insurance, Veterans’ Bureau, 10 cents.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For vocational rehabilitation, Veterans’ Bureau, $30.33.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>department of agriculture <sidenote>Department of Agriculture.</sidenote></heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For salaries and expenses, Bureau of Animal Industry, $50.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For salaries and expenses, Bureau of Entomology, $2.47.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>department of commerce <sidenote>Department of Commerce.</sidenote></heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For air navigation facilities, $3,900.90.</listContent> </listItem> </list> </content> </appropriations> <page identifier="/us/stat/48/282">282</page> <appropriations level="small"> <heading><sidenote>Department of the Interior.</sidenote> department of the interior</heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For conservation of health among Indians, $33.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading><sidenote>Department of Justice.</sidenote> department of justice</heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For books, Department of Justice, $4.25.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For books for judicial officers, $88.84.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For printing and binding, Department of Justice and courts, $63.65.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For detection and prosecution of crimes, $11.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For supplies for United States courts, $3.35.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For protecting interests of the United States in customs matters, 60 cents.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For salaries, fees, and expenses of marshals, United States courts, $2,797.89.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For salaries and expenses of clerks, United States courts, $59.64.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For fees of commissioners, United States courts, $355.95.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For fees of jurors, United States courts, $165.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For fees of witnesses, United States courts, $54.60.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For fees of jurors and witnesses, United States courts, $27.90.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading><sidenote>Department of Labor.</sidenote> department of labor</heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For expenses of regulating immigration, $1,529.47.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For miscellaneous expenses, Bureau of Labor Statistics, $2.80.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading><sidenote>Navy Department.</sidenote> navy department</heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For pay, miscellaneous, $8.40.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For increase of compensation, Naval Establishment, $7.38.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For ordnance and ordnance stores, Bureau of Ordnance, $5,957.20.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For engineering, Bureau of Engineering, $2,823.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For pay of the Navy, $650.06.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For pay, subsistence, and transportation. Navy, $706.32.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For maintenance, Bureau of Supplies and Accounts, $20.68.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For medical department, Bureau of Medicine and Surgery, $137.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For care of the dead, Bureau of Medicine and Surgery, $29.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For aviation, Navy, $59,475.16.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For pay, Marine Corps, $144.39.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For general expenses, Marine Corps, $33.99.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading><sidenote>Department of State.</sidenote> department of state</heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For contingent expenses, foreign missions, $47.73.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading><sidenote>Treasury Department.</sidenote> treasury department</heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For increase of compensation, Treasury Department, $303.75.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For public-debt service, $36.02.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For Coast Guard, $375.75.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For collecting the internal revenue, $4.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For refunding internal-revenue collections, $5.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For pay of other employees, Public Health Service, 90 cents.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For rebuilding and repairing stations, and so forth, Coast Guard, $150.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For marine hospital. Carville, Louisiana, $101.55.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading><sidenote>War Department.</sidenote> war department</heading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For pay, and so forth, of the Army, $17,952.56.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For pay of the Army, $2,712.60.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For armament of fortifications, $31,731.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For registration and selection for military service, $24.</listContent> </listItem> </list> <page identifier="/us/stat/48/283">283</page> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For citizens’ military training camps, $138.60.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For increase of compensation, Military Establishment, $2,870.89.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For Reserve Officers’ Training Corps, $60.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For pay, and so forth, of the Army, War with Spain, $41.25.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For Army transportation, $985.32.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For general appropriations, Quartermaster Corps, $988.94.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For supplies, services, and transportation, Quartermaster Corps, $7.48.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For replacing ordnance and ordnance stores, $1,990.04.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For arming, equipping, and training the National Guard, $46.31.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For pay of National Guard for armory drills, $127.85.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For mileage of the Army, $24.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For Air Corps, Army, $136.66.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For manufacture of arms, $4,658.51.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For construction and repair of hospitals, $24.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For headstones for graves of soldiers, $4.58.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>post office department—postal service <sidenote>Post Office Department.</sidenote></heading> <subheading class="centered">(Out of the postal revenues) <sidenote>Postal Service.</sidenote></subheading> <content> <list> <listItem> <listContent class="indent1 fontsize10 depth0">For city delivery carriers, $436.16.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For clerks, first- and second-class post offices, $140.15.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For compensation to postmasters, $261.93.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For indemnities, domestic mail, $239.07.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For indemnities, international mail, $28.28.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For miscellaneous items, first- and second-class post offices, $1,300.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For rent, light, and fuel, $276.27.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For separating mails, $170.80.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For special delivery fees, $146.38.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">For star route service, 33 cents.</listContent> </listItem> <listItem> <listContent class="indent1 fontsize10 depth0">Total, audited claims, section 4, $184,419.09, together with such additional sum due to increases in rates of exchange as may be necessary to pay claims in the foreign currency as specified in certain of the settlements of the General Accounting Office.</listContent> </listItem> </list> </content> </appropriations> </section> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec</inline>. 5.</num> <content>Section 8 of the Act entitled “An Act to provide for the <sidenote>Reconstruction Finance Corporation purchase of insurance company bonds, etc. Ante, pp. 20, 99, 121.</sidenote> purchase by the Reconstruction Finance Corporation of preferred stock and/or bonds and/or debentures of insurance companies” approved June 10, 1933, is hereby amended to read as follows:</content> </section> <section class="firstIndent1 fontsize10"> <num value="8"><inline class="smallCaps">Sec</inline>. 8.</num> <content>The seventh sentence of paragraph (6) of section 201 (a) <sidenote>Amount increased.</sidenote> of such Act, as amended, is hereby amended to read as follows: “<quotedText>The aggregate of loans made under clause (a) shall not exceed $8,000,000, and the aggregate of loans made under clause (b) shall not exceed $12,000,000.</quotedText>”</content> </section> SHORT TITLE

Short title of Act.

This Act may be cited as the “Fourth Deficiency Act, fiscal year 1933.” Approved, June 16, 1933, 1:20 p.m.

Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes. Chapter 101 48 Stat. 283 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 101.]

AN ACT Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes.

June 16, 1933.

[H.R. 5389.]

[Public, No. 78.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the following

Independent Offices Appropriation Act, 1934.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Executive Office and sundry independent 284

Appropriation for fiscal year ending June 30, 1934.

executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, namely:

Executive Office.

EXECUTIVE OFFICE

Compensation.

compensation of the president and vice president

President.

For compensation of the President of the United States, $75,000.

Vice President.

For compensation of the Vice President of the United States, $12,750.

Office of the President.

office of the president

Secretaries, and office personnel.

Salaries: For personal services in the office of the President, including the Secretary to the President, and two assistant secretaries

Proviso.

Temporary details.

to the President at $9,500 each; $106,000: Provided, That employees of the executive departments and other establishments of the executive branch of the Government may be detailed from time to time to the office of the President of the United States for such temporary assistance as may be deemed necessary.

Contingent expenses.

Contingent expenses: For contingent expenses of the Executive Office, including stationery, record books, telegrams, telephones, books for library, furniture and carpets for offices, automobiles, expenses of garage, including labor, special services, and miscellaneous items, to be expended in the discretion of the President, $33,733.

Printing and binding.

Traveling, etc., expenses.

For printing and binding, $2,000.

Traveling expenses: For traveling and official entertainment expenses of the President of the United States, to be expended in his discretion and accounted for on his certificate solely, $20,000.

Executive Mansion, etc.

executive mansion and grounds

Care, repair, etc.

For the care, maintenance, repair and alteration, refurnishing, improvement, heating, and lighting, including electric power and fixtures of the Executive Mansion, the Executive Mansion greenhouses, including reconstruction, and the Executive Mansion

Traveling, etc., expenses.

grounds, and traveling expenses, to be expended as the President may determine, notwithstanding the provisions of any other Act, $120,000, to be immediately available.

Total, Executive Office, $369,483.

Independent establishments.

INDEPENDENT ESTABLISHMENTS

Alien Property Custodian.

alien property custodian

Use of funds for automobile expenses forbidden.

Funds available to the office of the Alien Property Custodian for administrative expenses in the District of Columbia shall not be used for the purchase, maintenance, operation, and/or repair of any passenger automobile.

American Battle Monuments Commission.

All expenses.

AMERICAN BATTLE MONUMENTS COMMISSION For every expenditure requisite for or incident to the work of the American Battle Monuments Commission authorized by the Act

Vol. 42. p. 1509.

U.S.C., p. 1182.

entitled “An Act for the creation of an American Battle Monuments Commission to erect suitable memorials commemorating the services of the American soldier in Europe, and for other purposes”,

Title to land in foreign countries.

approved March 4, 1923 (U.S.C., title 36, secs. 121–133), including the acquisition of land or interest in land in foreign countries for carrying out the purposes of said Act without submission to the Attorney General of the United States under the provisions of 285 section 355 of the Revised Statutes (U.S.C., title 34, sec. 520; title

R.S., sec. 355, p. 60.

U.S.C., pp. 1122, 1302.

40, sec. 255); the maintenance of memorials erected by the Commission until the Secretary of War is advised of their completion and assumes their maintenance; employment of personal services in the

Services in the District.

Travel expenses.

Office expenses abroad.

District of Columbia and elsewhere; traveling expenses; the establishment of offices and the rent of office space in foreign countries; the maintenance, repair, and operation of motor-propelled passenger-carrying vehicles which may be furnished to the Commission by other departments of the Government or acquired by purchase; printing,

Printing and binding.

binding, engraving, lithographing, photographing, and typewriting, including the publication of information concerning the American activities, battlefields, memorials, and cemeteries in Europe; the purchase of maps, textbooks, newspapers, and periodicals, $129,000, to be immediately available and to remain available until expended: Provided, That notwithstanding the requirements of existing laws

Provisos.

Technical work abroad.

or regulations and under such terms and conditions as the Commission may in its discretion deem necessary and proper, the Commission may contract for work in Europe, and engage, by contract or otherwise, the services of architects, firms of architects, and other technical and professional personnel: Provided further, Tnat the Commission

Minor purchases, etc., without advertising.

R.S., sec. 3709, p. 733.

U.S.C., p. 1309.

may purchase materials and supplies without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) when the aggregate amount involved does not exceed $500: Provided further, That when

Traveling expenses, etc., of Army officers.

traveling on business of the Commission officers of the Army serving as members or as secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission. ARLINGTON MEMORIAL BRIDGE COMMISSION

Arlington Memorial Bridge Commission.

For continuing the construction of the Arlington Memorial Bridge

Continuing construction of Bridge.

Vol. 43, p. 974; Vol. 45, p. 721.

across the Potomac River at Washington, authorized in an Act entitled “An Act to provide for the construction of a memorial bridge across the Potomac River from a point near the Lincoln Memorial in the city of Washington to an appropriate point in the State of Virginia, and for other purposes”, approved February 24, 1925 (43 Stat., p. 974), to be expended in accordance with the provisions and conditions of the said Act, $198,000, of which $25,000 shall

Resurfacing, etc., road.

be available for widening and resurfacing the present road from the memorial entrance of the cemetery to the southeast corner of the

Ante, p. 230.

cemetery, conditioned upon the State of Virginia completing the construction of the Lee Boulevard link of the Virginia State highway system to the same point; and not exceeding $20,000 shall be available for clerical and accounting service, including all necessary incidental and contingent expenses, printing and binding, and traveling expenses, to remain available until expended: Provided, That the

Provisos.

Minor purchases, etc., without advertising.

R.S., sec. 3709, p. 733.

U.S.C., p. 1309.

Reconstruction, etc., of Constitution Avenue.

Commission may procure supplies and services without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) when the aggregate amount involved does not exceed $50: Provided further, That no part of this appropriation shall be used to pay for the cost of reconstructing and paving Constitution Avenue east of Virginia Avenue, as provided in the approved project, except for such portions as may abut upon Government-owned property, and not in excess of 40 per centum of the cost of such reconstructing and paving of that portion of the said street which so abuts. BOARD OF MEDIATION

Board of Mediation.

For five members of the Board, and for other authorized expenditures

Members of Board.

All other expenses.

of the Board of Mediation in performing the duties imposed by law, including personal services contract stenographic reporting 286 services; supplies and equipment; law books and books of reference; not to exceed $200 for newspapers; periodicals; traveling expenses; and rent of quarters outside the District of Columbia; $119,000, of which amount not to exceed $107,000 may be expended for personal services in the District of Columbia.

Arbitration Boards.

Vol. 44, p. 586.

U.S.C., p. 2110.

Post, p. 511.

Arbitration boards: To enable the Board of Mediation to pay necessary expenses of arbitration boards, including compensation of members and employees of such boards, together with their necessary traveling expenses and expenses actually incurred for subsistence while so employed, and printing of awards, together with proceedings and testimony relating thereto, as authorized by the Railway Labor Act, including also contract stenographic reporting service, and rent of quarters when suitable quarters cannot be supplied in any Federal

Vol. 47, p. 454.

building, the unexpended balances of the appropriations for this purpose available for the fiscal year 1933 are hereby continued available for the fiscal year 1934.

Emergency boards.

Vol. 44, p. 586.

U.S.C., Supp. VI, p. 804.

Post, p. 511.

Emergency boards: For expenses of emergency boards appointed by the President to investigate and report respecting disputes between carriers and their employees, as authorized by section 10, Railway Labor Act, approved May 20, 1926 (U.S.C., Supp. V, title 45, sec. 154), the unexpended balances of the appropriation for this purpose for the fiscal years 1930 and 1931 reappropriated and made available for the fiscal years 1932 and 1933, respectively, are hereby continued available for the fiscal year 1934.

Printing and binding.

For all printing and binding for the Board of Mediation, $1,000.

Total, Board of Mediation, $120,000.

Board of Tax Appeals.

BOARD OF TAX APPEALS

All expenditures.

Vol. 43, p. 336; Vol. 44, p. 105; Vol. 45, p. 871; Vol. 47, p. 286.

For every expenditure requisite for and incident to the work of the Board of Tax Appeals as authorized under title IX, section 900, of the Revenue Act of 1924, approved June 2, 1924, as amended by title X of the Revenue Act of 1926, approved February 26, 1926, and title IV of the Revenue Act of 1928, approved May 29, 1928, and title IX of the Revenue Act of 1932, approved June 6, 1932, including personal services and contract stenographic reporting services, rent outside the District of Columbia, traveling expenses, car fare, stationery, furniture, office equipment, purchase and exchange of typewriters, law books and books of reference, periodicals, and all other necessary supplies, $468,000, of which amount not to exceed $444,000 may be expended for personal services in the District of Columbia.

Printing and binding.

For all printing and binding for the Board of Tax Appeals, $22,000.

Total, Board of Tax Appeals, $490,000.

Civil Service Commission.

CIVIL SERVICE COMMISSION

Commissioners and office personnel.

Examination of Presidential postmasters.

For three Commissioners and other personal services in the District of Columbia, including personal services required for examination of presidential postmasters, and including not to exceed $1,000 for employment of expert examiners not in the Federal service on special subjects for which examiners within the service are not available,

Traveling expenses, etc.

and for personal services in the field; for necessary traveling expenses, including those of examiners acting under the direction of the Commission, and for expenses of examinations and investigations held elsewhere than at Washington, including not to exceed $1,000 for expenses of attendance at meetings of public officials when

Miscellaneous expenses.

specifically directed by the Commission; for furniture and other equipment and repairs thereto; supplies; advertising: telegraph, 287 telephone, and laundry service; freight and express charges; street-car fares not to exceed $300; stationery; purchase and exchange of law books, books of reference, directories, subscriptions to newspapers and periodicals, not to exceed $1,000; charts; purchase, exchange, maintenance, and repair of motor trucks, motorcycles, and bicycles; garage rent; postage stamps to prepay postage on matter addressed to Postal Union countries; special-delivery stamps; and other like miscellaneous necessary expenses not hereinbefore provided for, $1,028,000: Provided, That no details from any executive department

Provisos.

Details from Departments, etc., in the District forbidden.

or independent establishment in the District of Columbia or elsewhere to the Commission’s central office in Washington or to any of its district offices shall be made during the fiscal year ending June 30, 1934, but this shall not affect the making of details for service as members of the boards of examiners outside the immediate offices of the district managers: Provided further, That the Civil Service

Transfers between office and field forces.

Commission shall have power in case of emergency to transfer or detail any of its employees to or from its office or field force.

For all printing and binding for the Civil Service Commission,

Printing and binding.

including all of its bureaus, offices, institutions, and services located in Washington and elsewhere, $22,000.

Total, Civil Service Commission, $1,050,000.

COMMISSION OF FINE ARTS

Commission of Fine Arts.

For expenses made necessary by the Act entitled “An Act establishing

Expenses.

Vol. 36, p. 371.

nbbU.S.C., Supp. VI, p. 804.

a Commission of Fine Arts”, approved May 17, 1910 (U.S.C., title 40, sec. 104), including the purchase of periodicals, maps, and books of reference, and payment of actual traveling expenses of the members and secretary of the Commission in attending meetings and committee meetings of the Commission either within or outside of the District of Columbia, to be disbursed on vouchers approved by the Commission, $8,500, of which amount not to exceed $5,270 may be expended for personal services in the District of Columbia.

For all printing and binding for the Commission of Fine Arts,

Printing and binding.

$300.

Total, Commission of Fine Arts, $8,800.

EMPLOYEES’ COMPENSATION COMMISSION

Employees’ Compensation Commission.

For three Commissioners and other personal services in the District

Commissioners and office personnel.

of Columbia, including not to exceed $1,000 for temporary experts and assistants in the District of Columbia and elsewhere, to be paid at a rate not exceeding $8 per day, and for personal services in the field; for furniture and other equipment and repairs thereto; law books, books of reference, periodicals; stationery and supplies; traveling expenses; fees and mileage of witnesses; contract stenographic reporting services; rent at the seat of government and elsewhere; and miscellaneous items; $345,000.

For all printing and binding for the Employees’ Compensation

Printing and binding.

Commission, $4,000.

Employees’ compensation fund: For the payment of compensation

Employees’ Compensation fund.

Vol. 39, pp. 743, 747.

U.S.C., p. 80.

provided by “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for others purposes”, approved September 7, 1916 (U.S.C., title 5, sec. 785), including medical examinations, traveling and other expenses, and loss of wages payable to employees under sections 21 and 22; all services, appliances, and supplies provided by section 9 as amended, including payments to Army and Navy 288

Burial, etc., expenses.

hospitals; the transportation and burial expenses provided by sections 9 and 11; and advancement of costs for the enforcement of

Recoveries.

recoveries provided in sections 26 and 27 where necessary, accruing during the fiscal year 1934 or in prior fiscal years; $3,820,000:

Proviso.

Catherine Panturis, monthly payments to, from Employees’ compensation fund.

Vol. 46, p. 2123.

Provided, That the permanent appropriation made in Private Act Numbered 378, approved February 26, 1931, is repealed after June 30, 1933, and the payment authorized by such Act shall thereafter be made from the “Employees’ compensation fund.”

Total, Employees’ Compensation Commission, $4,169,000.

Vocational Education Board.

FEDERAL BOARD FOR VOCATIONAL EDUCATION

Vocational Education.

vocational education

Extending benefits to Hawaii.

Vol. 39, p. 929.

U.S.C., p. 609.

For extending to the Territory of Hawaii the benefits of the Act entitled “An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its

Vol. 43, p. 17.

U.S.C., p. 612.

expenditure”, approved February 23, 1917 (U.S.C., title 20, secs. 11–18), in accordance with the provisions of the Act entitled “An Act to extend the provisions of certain laws to the Territory of Hawaii”, approved March 10, 1924 (U.S.C., title 20, sec. 29), $25,700.

Extending benefits to Puerto Rico.

Vol. 39, p. 929.

U.S.C., p. 609.

For extending to Puerto Rico the benefits of the Act entitled “An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure”,

Vol. 46, p. 1489.

U.S.C., pp. 609, 948; Supp. VI, pp. 349; 627.

approved February 23, 1917 (U.S.C., title 20, secs. 11–18), in accordance with the provisions of the Act entitled “An Act to extend the provisions of certain law’s relating to vocational education and civilian rehabilitation to Puerto Rico”, approved March 3, 1931 (U.S.C., title 20, secs. 11–18; title 29, secs. 31–35; U.S.C., Supp. VI, title 20, sec. 30), $84,000.

Cooperative education in agriculture and home economics.

Vol. 45, p. 1151.

U.S.C., Supp. VI, p. 349.

Cooperative vocational education in agriculture and home economics: For carrying out the provisions of section 1 of the Act entitled “An Act to provide for the further development of vocational education in the several States and Territories”, approved February 5, 1929 (U.S.C., Supp. VI, title 20, secs. 15a, 15c),

Proviso.

Computation of apportionment to States.

$1,275,000: Provided, That the apportionment to the States shall be computed on the basis of not to exceed $1,275,000 for the fiscal year 1934, as authorized by the Act approved February 5, 1929 (U.S.C., Supp. VI, title 20, secs. 15a, 15c).

Salaries and expenses.

Salaries and expenses: For carrying out the provisions of section 2 of the Act entitled “An Act to provide for the further development

Vol. 45, p. 1151.

U.S.C., Supp. VI, p. 349.

of vocational education in the several States and Territories”, approved February 5, 1929 (U.S.C., Supp. VI, title 20, secs. 15b, 15c), $68,000, of which amount not to exceed $54,000 may be expended for personal services in the District of Columbia.

Vocational rehabilitation.

vocational rehabilitation

Persons disabled in industry.

Expenses.

Vol. 41, p. 735; Vol. 43, p. 431; Vol. 46, p. 524; Vol. 47, p. 448.

U.S.C., p. 948; Supp. VI, p. 628.

Cooperative Vocational Rehabilitation of Persons Disabled in Industry—Rehabilitation: For carrying out the provisions of the Act entitled “An Act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment” approved June 2, 1920 (U.S.C., title 29, sec. 35), as amended by the Act of June 5, 1924 (U.S.C., title 29, 289 sec. 31), and the Acts of June 9, 1930, and June 30, 1932 (U.S.C., Supp. VI, title 29, secs. 31–40), $969,000: Provided, That the minimum

Proviso.

Minimum allotment to States.

allotment to any State hereunder for the fiscal year 1934 shall be $8,840.

Salaries and expenses: For making studies, investigations, and

Salaries and expenses.

reports regarding the vocational rehabilitation of disabled persons and their placements in suitable or gainful occupations, and for the administrative expenses of said Board incident to performing the duties imposed by the Act of June 2, 1920 (U.S.C., title 29, sec. 35),

Vol. 41, p. 735; Vol. 43, p. 431; Vol. 46, p. 524; Vol. 47, p. 448.

U.S.C., p. 948; Supp. VI, p. 628.

as amended by the Act of June 5, 1924 (U.S.C., title 29, sec. 31), and the Acts of June 9, 1930, and June 30, 1932 (U.S.C., Supp. VI, title 29, secs. 31, 40), including salaries of such assistants, experts, clerks, and other employees, in the District of Columbia or elsewhere, as the Board may deem necessary, actual traveling and other necessary expenses incurred by the members of the Board and by its employees, under its orders; including attendance at meetings of educational associations and other organizations, rent and equipment of offices in the District of Columbia, and elsewhere, purchase of books of reference, law books, and periodicals, newspapers not to exceed $50, stationery, typewriters and exchange thereof, miscellaneous supplies, postage on foreign mail, printing and binding, and all other necessary expenses, $55,000, of which amount not to exceed $47,000 may be expended for personal services in the District of Columbia.

Cooperative vocational rehabilitation of disabled residents of the

Cooperative rehabilitation of disabled residents of District of Columbia.

Vol. 45, p. 1260.

U.S.C., Supp. VI, p. 629.

District of Columbia: For personal services, printing and binding, travel and subsistence, and payment of expenses of training, placement, and other phases of rehabilitating disabled residents of the District of Columbia under the provisions of the Act entitled “An Act to provide for the vocational rehabilitation of disabled residents of the District of Columbia”, approved February 23, 1929 (U.S.C., Supp. VI, title 29, secs. 47–47e), $11,000.

Appropriations available to the Federal Board for Vocational

Appropriations available for attendance at educational association meetings, etc.

Education for salaries and expenses shall be available for expenses of attendance at meetings of educational associations and other organizations which in the discretion of the Board are necessary for the efficient discharge of its responsibilities.

Total, Federal Board for Vocational Education, $2,487,700.

FEDERAL FARM BOARD

Federal Farm Board.

The appropriation hereby made for the Federal Farm Board for

Appropriations for, available to Farm Credit Administration, if Executive Order No. 6084 effective.

the fiscal year 1934 shall, if the Executive order dated March 27, 1933, creating the Farm Credit Administration, goes into effect, be available during such fiscal year for administrative expenses of the Farm Credit Administration, in addition to other funds made available therefor by the provisions of said Executive order, in the same manner as if this appropriation had been transferred by such Executive order.

For salaries and expenses in accordance with the provisions of the

Salaries and expenses.

Vol. 46, p. 11.

U.S.C., Supp. VI, p. 62.

Salaries, members of Board not included.

Vol. 44, p. 802.

U.S.C., Supp. VI, p. 59.

“Agricultural Marketing Act,” approved June 15, 1929 (U.S.C., Supp. V, title 7, secs. 521–535f), not including the salaries of members of the Federal Farm Board, except the salary of the member designated as chairman, and the Act creating a Division of Cooperative Marketing in the Department of Agriculture, approved July 2, 1926 (U.S.C., Supp. VI, title 7, secs. 451–457), including stenographic reporting services to be obtained by the Board through the civil service or by contact ¹¹ So in original.; not to exceed $750 for newspapers and 290 clippings; membership fees or dues in organizations which issue publications to members only or to members at a lower price than

Supplies and services.

to others, payment for which may be made in advance; manuscripts, data, and special reports by purchase or by personal services without regard to the provisions of any other Act; to procure supplies and

R.S., sec. 3709, p. 733.

U.S.C., p. 1309.

Vehicles.

services without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) when the aggregate amount involved does not exceed $50; purchase and exchange, maintenance, repair, and operation of motor-propelled passenger-carrying vehicles and motor trucks to be used only for official purposes; typewriters, adding machines, and other labor-saving devices, including their repair and exchange; garage rental in the District of Columbia and elsewhere;

Traveling expenses.

traveling expenses, including attendance at meetings concerned with the work of the Federal Farm Board; payment of actual transportation expenses and not to exceed $10 per diem to cover subsistence and other expenses while in conference and en route from and to his home to any person other than an employee or a member of an

Attendance at meetings.

advisory commodity committee whom the Board may from time to time invite to the city of Washington and elsewhere for conference and advisory purposes in furthering the work of the Board; the employment of persons, firms, and others for the performance of special services, including legal services and other miscellaneous

Balances available; limit.

expenses, all unexpended balances of appropriations for the Federal Farm Board, not exceeding $1,050,000, are hereby made available

Provisos.

Transfer of funds for cooperative work by departments, etc.

for the purposes enumerated in this paragraph: Provided, That during the fiscal year 1934, when the Federal Farm Board requires cooperative work by any department or independent establishment of the Government within the scope of the functions of such department or establishment and which such department or establishment is unable to perform within the limits of its appropriations, the Federal Farm Board may transfer from this appropriation to such department or establishment, with the approval of the head thereof, such sum or sums for direct expenditure during the fiscal year 1934, as may be necessary for the performance of such additional work:

Salary restriction.

Provided further, That no part of this appropriation shall be used to pay any salary in excess of $10,000 per annum, or any salary in excess of $8,500 per annum except to the member of the Board designated as the chairman and not to exceed eight other officers or

Appointments without regard to Classification and Civil Service Acts.

Vol. 42, p. 1488; Vol. 40, p. 1003.

U.S.C., p. 65, Supp. VI, p. 31.

employees, which number, in addition to any officers or employees who under existing law may be so appointed and compensated, may hereafter be appointed and compensated without regard to the provisions of the Classification Act of 1923, as amended, and civil service laws.

Federal Oil Conservation Board.

FEDERAL OIL CONSERVATION BOARD

Expenses.

For the expenses of the Federal Oil Conservation Board convened by the President on December 19, 1924, and for each purpose connected therewith, to be expended by the secretary of the Board under the supervision of the Secretary of the Interior, under general regulations to be approved by the Board, $7,803.

Federal Power Commission.

FEDERAL POWER COMMISSION

Expenses.

Vol. 41, p. 1063; Vol. 46, p. 797.

U.S.C., Supp. VI, p. 233.

For every expenditure requisite for and incident to the work of the Federal Power Commission as authorized by law, including personal services; traveling expenses, including expenses of attendance at meetings which in the discretion of the Commission are necessary for the efficient discharge of its responsibilities; contract stenographic reporting services; reimbursement to governmental 291 agencies of the cost of furnishing motor-driven passenger-carrying vehicle service, and not exceeding $1,000 for law books, books of reference, newspapers, and periodicals; $207,000, of which amount not to exceed $188,000 shall be available for personal services in the District of Columbia.

For all printing and binding for the Federal Power Commission,

Printing and binding.

$3,000.

Total, Federal Power Commission, $210,000.

FEDERAL RADIO COMMISSION

Federal Radio Commission.

For five commissioners, and for all other authorized expenditures

Commissioners and other expenses.

Vol. 44, p. 1162; Vol. 46, p. 50.

Vol. 36, p. 629.

Executive Order No. 5892.

Vol. 45, p. 2760.

of the Federal Radio Commission in performing the duties imposed by the Radio Act of 1927, approved February 23, 1927, as amended, the Ship Act of 1910, approved June 24, 1910, as amended, Executive Order Numbered 5892, dated July 20, 1932, and the International Radiotelegraphic Convention, including personal services, contract stenographic reporting services, rental of quarters, newspapers,

Reporting, etc.

periodicals, reference books, law books, special counsel fees, supplies and equipment, including purchase and exchange of instruments, which may be purchased without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) when the aggregate amount

R.S., sec. 3709, p. 733.

U.S.C., p. 1309.

involved does not exceed $25, improvement and care of grounds and repairs to buildings, not to exceed $1,000, traveling expenses, including expenses of attendance at meetings which in the discretion of the Commission are necessary for the efficient discharge of its responsibilities, and other necessary expenses, $620,000, of which amount not to exceed $338,000 may be expended, for personal services in the

Services in the District.

District of Columbia.

For all printing and binding for the Federal Radio Commission,

Printing and binding.

$20,000.

Total, Federal Radio Commission, $640,000.

FEDERAL TRADE COMMISSION

Federal Trade Commission.

For five commissioners, and for all other authorized expenditures

Commissioners and other expenses.

Vol. 38, p. 717.

U.S.C., p. 356.

Ante, p. 276.

of the Federal Trade Commission in performing the duties imposed by law or in pursuance of law, including secretary to the Commission and other personal services, contract stenographic reporting services; supplies and equipment, law books, books of reference, periodicals, garage rental, traveling expenses, including not to exceed $900 for expenses of attendance, when specifically authorized by the Commission, at meetings concerned with the work of the Federal Trade Commission, not to exceed $300 for newspapers, foreign postage, and witness fees, and mileage in accordance with section 9 of the Federal

Witness fees, mileage.

Vol. 38, p. 722.

U.S.C., p. 359.

Available for public-utilities investigation.

Proviso.

Limitation on new investigations.

Trade Commission Act; $900,000, of which $230,000 shall be available for the completion of the public utilities investigations undertaken pursuant to S. Res. 83, Seventieth Congress: Provided, That hereafter no new investigations shall be initiated by the Commission as the result of a legislative resolution, except the same be a concurrent resolution of the two Houses of Congress.

For all printing and binding for the Federal Trade Commission,

Printing and binding.

$20,000.

Total, Federal Trade Commission, $920,000.

GENERAL ACCOUNTING OFFICE

General Accounting Office.

Salaries: For Comptroller General, Assistant Comptroller General,

Comptroller General, Assistant, and office personnel.

and other personal services in the District of Columbia and elsewhere, $3,110,000.

292

Contingent expenses.

Contingent expenses: For traveling expenses, including stenographic reporting service outside of the District of Columbia not exceeding $2,500, by contract or otherwise; materials, supplies, equipment, and services; rent of buildings and equipment; purchase and exchange of books, law books, books of reference, and periodicals, typewriters, calculating machines, and other office appliances, including their development, repairs, and maintenance, including one motor-propelled passenger-carrying vehicle; and miscellaneous

Proviso.

Minor purchases.

R.S., sec. 3709, p. 733.

U.S.C., p. 1309.

items; $110,000: Provided, That section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) shall not be construed to apply to any purchase or service rendered for the General Accounting Office when the aggregate amount involved does not exceed the sum of $50.

Printing and binding.

For all printing and binding for the General Accounting Office, including monthly and annual editions of selected decisions of the Comptroller General of the United States, $60,000.

Total, General Accounting Office, $3,280,000.

George Rogers Clark Sesquicentennial Commission.

GEORGE ROGERS CLARK SESQUICENTENNIAL COMMISSION

Participation expenses.

Memorial commemorating achievements in winning of old Northwest.

Vol. 45, p. 724; Vol. 46, p. 1459.

Ante, p. 276.

Post, p. 364.

For carrying into effect the provisions of the joint resolution entitled “Joint resolution providing for the participation of the United States in the celebration in 1929 and 1930 of the one hundred and fiftieth anniversary of the conquest of the Northwest Territory by General George Rogers Clark and his army, and authorizing an appropriation for the construction of a permanent memorial of the Revolutionary War in the West, and of the accession of the old Northwest to the United States on the site of Fort Sackville, which was captured by George Rogers Clark and his men February 25, 1779,” approved May 23, 1928 (45 Stat., pp. 723, 724), as amended by the Act of February 28, 1931 (46 Stat., pp. 1459–1460), $96,650.

Interstate Commerce Commission.

INTERSTATE COMMERCE COMMISSION

Salaries and expenses.

salaries and expenses

Commissioners, etc.

General administrative expenses: For eleven commissioners, secretary, and for all other authorized expenditures necessary in the execution of laws to regulate commerce, including one chief counsel, one director of finance, and one director of traffic at $10,000 each

Reporting services.

per annum, traveling expenses, and contract stenographic reporting services; $2,400,000, of which amount not to exceed $2,155,000 may

Services in the District.

be expended for personal services in the District of Columbia, exclusive of special counsel, for which the expenditure shall not exceed $50,000; not exceeding $150,000 for holding field hearings; not

Books, furniture, etc.

exceeding $3,000 for purchase and exchange of necessary books, reports, and periodicals; not exceeding $100 in the open market for the purchase of office furniture similar in class or kind to that listed

Proviso.

Rent restriction.

in the general supply schedule: Provided, That this appropriation shall not be available for rent of buildings in the District of Columbia if suitable space is provided by the Public Buildings Commission.

Enforcing accounting by railroads.

Vol. 34, p. 593; Vol. 36, p. 556; Vol. 41, p. 493.

U.S.C., pp. 1668–1670.

Regulating accounts: To enable the Interstate Commerce Commission to enforce compliance with section 20 and other sections of the Act to regulate commerce as amended by the Act approved June 29, 1906 (U.S.C., title 49, sec. 20), and as amended by the Transportation Act, 1920 (U.S.C., title 49, sec. 20), including the employment of necessary special accounting agents or examiners, and traveling

Services in the District.

expenses, $750,000, of which amount not to exceed $172,000 may be 293 expended for personal services in the District of Columbia: Provided,

Proviso.

Limitation on expenditures for personal services, fiscal year 1933.

That for the portion of the fiscal year 1933 remaining after the date of enactment of this Act the amount which may be expended for personal services in the District of Columbia from the 1933 appropriation for the purposes included in this paragraph shall be at the annual rate of $175,000.

Safety of employees: To enable the Interstate Commerce Commission

Safety of employees.

Appliances, etc.

Vol. 27, p. 531; Vol. 29, p. 85; Vol. 32, p. 943; Vol. 36, p. 298.

Accidents.

Vol. 36, p. 350.

to keep informed regarding and to enforce compliance with Acts to promote the safety of employees and travelers upon railroads; the Act requiring common carriers to make reports of accidents and authorizing investigations thereof; and to enable the Interstate Commerce Commission to investigate and test appliances intended to promote the safety of railway operation, as authorized by the joint resolution approved June 30, 1906 (U.S.C., title 45, sec. 35), and the provision of the Sundry Civil Act approved May 27, 1908 (U.S.C., title 45, secs. 36, 37), to investigate, test experimentally,

Safety signals.

Vol. 34, p. 838; Vol. 35, p. 324; Vol. 38, p. 212.

U.S.C., p. 1441.

Inspectors.

Personal services in the District.

and report on the use and need of any appliances or systems intended to promote the safety of railway operation, inspectors, and for traveling expenses, $445,000, of which amount not to exceed $78,000 may be expended for personal services in the District of Columbia.

Signal safety systems: For all authorized expenditures under

Safety systems.

Vol. 41, p. 498.

U.S.C., p. 1673.

section 26 of the Act to regulate commerce as amended by the Transportation Act, 1920 (U.S.C., title 49, sec. 26), with respect to the provision thereof under which carriers by railroad subject to the Act may be required to install automatic train-stop or train-control

Automatic train control.

Vol. 34, p. 838.

U.S.C., 1441.

devices which comply with specifications and requirements prescribed by the commission, including investigations and tests pertaining to block-signal and train-control systems, as authorized by the joint resolution approved June 30, 1906 (U.S.C., title 45, sec. 35), and including the employment of the necessary engineers, and for traveling expenses, $35,000, of which amount not to exceed $27,500

Personal services in the District.

may be expended for personal services in the District of Columbia.

Locomotive inspection: For all authorized expenditures under the

Locomotive inspection.

Vol. 36, p. 913; Vol. 38, p. 1192; Vol. 40, p. 616; Vol. 43, p. 659.

U.S.C., pp. 1439, 1441.

provisions of the Act of February 17, 1911, entitled “An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurtenances thereto” (U.S.C., title 45, sec. 22), as amended by the Act of March 4, 1915, extending “the same powers and duties with respect to all parts and appurtenances of the locomotives and tender” (U.S.C., title 45, sec. 30), and amendment of June 7, 1924 (U.S.C., title 45, sec. 27), providing for the appointment from time to time by the

Additional inspectors.

Vol. 36, p. 914; Vol. 43, p. 659; Vol. 46, p. 823.

U.S.C., pp. 1439, 1441; Supp. VI. p. 803.

Interstate Commerce Commission of not more than fifteen inspectors in addition to the number authorized in the first paragraph of section 4 of the Act of 1911 (U.S.C., title 45, sec. 26), and the amendment of June 27, 1930 (U.S.C., Supp. VI, title 45, secs. 24, 26), including such legal, technical, stenographic, and clerical help as the business of the offices of the chief inspector and his two assistants may require and for traveling expenses, $435,000, of which amount not to exceed

Personal services in the District.

$60,000 may be expended for personal services in the District of Columbia.

Valuation of property of carriers: To enable the Interstate Commerce

Physical valuation of railroads.

Vol. 37, p. 701; Vol. 40, p. 271; Vol. 42, p. 624.

U.S.C., p. 1667.

Commission to carry out the objects of the Act entitled “An Act to amend an Act entitled ‘An Act to regulate commerce’, approved February 4, 1887, and all Acts amendatory thereof”, by providing for a valuation of the several classes of property of carriers subject thereto and securing information concerning their

Issue of stock, etc.

stocks, bonds, and other securities, approved March 1, 1913 (U.S.C., title 49, sec. 19a), including one director of valuation at $10,000 per 294 annum, one supervisor of land appraisals, one supervising engineer, one supervisor of accounts, and one principal valuation examiner, at

Proviso.

Rent restriction in the District.

$9,000 each per annum, and traveling expenses, $1,000,000: Provided, That this appropriation shall not be available for rent of buildings in the District of Columbia if suitable space is provided by the Public Buildings Commission.

Printing and binding.

For all printing and binding for the Interstate Commerce Commission, including reports in all cases proposing general changes in transportation rates and not to exceed $10,000 to print and furnish to the States at cost report form blanks, and the receipts from such reports and blanks shall be credited to this appropriation, $125,000:

Proviso.

Schedule of sailings excluded.

Vol. 41, p. 497.

Provided, That no part of this sum shall be expended for printing the Schedule of Sailings required by section 25 of the Interstate Commerce Act.

Attendance at meetings.

Not to exceed $2,500 of the appropriations herein made for the Interstate Commerce Commission shall be available for expenses, except membership fees, for attendance at meetings concerned with the work of the Commission.

Total, Interstate Commerce Commission, $5,190,000.

Mount Rushmore National Memorial Commission.

MOUNT RUSHMORE NATIONAL MEMORIAL COMMISSION

Expenses, etc.

Vol. 45, pp. 1300, 1027; Vol. 46, p. 239.

Post, p. 364.

Balances reappropriated.

Mount Rushmore National Memorial Commission: For carrying into effect the provisions of the Act creating the Mount Rushmore National Memorial Commission, approved February 25, 1929 (45 Stat., p. 1300), $10,000, together with the unexpended balances of the appropriations for this purpose for the fiscal years 1932 and 1933, to be expended under the provisions of the Act of February 25, 1929 (45 Stat., p. 1300).

National Advisory Committee for Aeronautics.

NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS

All expenses, scientific research, etc.

For scientific research, technical investigations, and special reports in the field of aeronautics, including the necessary laboratory and technical assistants; contracts for personal services in the making of special investigations and in the preparation of special reports;

Attendance at meetings.

traveling expenses of members and employees; including not to exceed $500 for expenses, except membership fees, of attendance upon meetings of technical and professional societies; office supplies and other miscellaneous expenses, including technical periodicals and books of reference; equipment, maintenance, and operation of the

Langley laboratory.

Langley Memorial Aeronautical Laboratory; purchase, maintenance, operation, and exchange of motor-propelled passenger-carrying vehicles, including not more than one for general, administrative

Personal services.

use in the District of Columbia; personal services in the field and the District of Columbia; in all, $676,000, of which amount not to

Living quarters.

Vol. 46, p. 818.

exceed $2,000 may be expended for allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (46 Stat. 818), but not to exceed $720 may be so used

Personal services in the District.

for any one person and not to exceed $94,000 for personal services in the District of Columbia.

Printing and binding.

For all printing and binding for the National Advisory Committee for Aeronautics, including all of its offices, laboratories, and services located in Washington, District of Columbia, and elsewhere, $19,000.

Total, National Advisory Committee for Aeronautics, $695,000.

295 PUBLIC BUILDINGS AND PUBLIC PARKS OF THE

Public Buildings and Public Parks of the National Capital.

NATIONAL CAPITAL

For personal services in the District of Columbia and elsewhere,

Personal services.

and the pay and allowances in accordance with the provisions of the Act of May 27, 1924, as amended, of the police force engaged in patrolling the Mount Vernon Memorial Highway in the State of

Mount Vernon Memorial Highway police, pay and allowances.

Vol. 43, p. 174; Vol. 46, p. 483.

Virginia, and other Federal lands, as authorized by the Act approved May 29, 1930 (46 Stat. 483), $2,200,000, including not to exceed $25,000 for intermittent and seasonal employees at per diem rates of compensation to be fixed by the director.

For general expenses in connection with the maintenance, care,

Maintenance, etc., of designated buildings, grounds, etc.

improvement, protection, operation, repair, cleaning, heating, and lighting of the Washington Monument and grounds; the Lincoln Memorial and the reflecting pool; the house where Abraham Lincoln died; the Arlington Memorial Bridge; the Mount Vernon Memorial Highway and other Federal lands authorized by the Act of May 29, 1930 (46 Stat. 482); grounds surrounding executive departments; and public buildings in the District of Columbia under the jurisdiction

Vol. 46, p. 482.

of the Office of Public Buildings and Public Parks of the National Capital, including per diem employees at rates of pay approved by the Director, not exceeding current rates for similar employment in the District of Columbia; rent of buildings in the

Rent, etc.

District of Columbia, and salaries for maintenance and operation of the buildings when such maintenance and operation is not furnished by the owner under terms of the lease, and the uniforms and equipment for the police force engaged in patrolling the Mount Vernon

Equipment, etc., Mount Vernon Memorial Highway patrol.

Memorial Highway in the State of Virginia, including the purchase, issue, operation, maintenance, repair, exchange and storage of revolvers, bicycles, motor-propelled passenger-carrying vehicles, and ammunition: Provided, That any funds for the fiscal year 1934

Proviso.

Funds for rent, etc., for departments may be transferred to Director.

appropriated for rents and maintenance of buildings in the District of Columbia for any of the executive departments and independent establishments may be transferred, with the approval of the Public Buildings Commission, to the Director of Public Buildings and Public Parks of the National Capital; city directories; contingent

Contingent expenses.

expenses; traveling expenses and car fare not exceeding $300; communication service; professional, scientific, technical, and law books; periodicals and reference books; blank books and forms; photographs; maps; leather and rubber articles and gas masks for the protection of public property and employees; not exceeding $13,000 for uniforms for employees; the maintenance, repair, exchange,

Uniforms for employees.

storage, and operation of not to exceed one motor-propelled passenger-carrying vehicle; the demolition of buildings; incidental grading of the Mall to utilize available fill; the purchase, maintenance,

Mall, grading, etc.

and repair of equipment and fixtures; $1,120,000.

For all printing and binding for the Office of Public Buildings

Printing and binding.

and Public Parks of the National Capital, $2,500.

Total, Office of Public Buildings and Public Parks of the National Capital, $3,322,500.

PUBLIC BUILDINGS COMMISSION

Public Buildings Commission.

For all necessary expenses incident to moving various Government

Expenses of transferring offices, etc.

departments, bureaus, divisions, and independent establishments and parts thereof from one building to another or moves within a building in the District of Columbia in connection with the assignment, allocation, transfer, and survey of space, including the removal and erection of building partitions, including personal 296 services, without reference to civil-service rules, at rates of pay fixed and determined by the commission and without reference to

Proviso.

Reimbursing offices for expenses incurred.

the Classification Act of 1923 as amended: Provided, That the money herein appropriated may be used for reimbursing the Government departments, bureaus, divisions, independent establishments, and offices for actual expenses incurred by them in complying with the orders of the commission; to be expended on vouchers signed by the chairman of the commission; to be available immediately, and to remain available until expended, $80,000.

Smithsonian Institution.

SMITHSONIAN INSTITUTION

Administrative expenses.

For expenses of the general administrative office, Smithsonian Institution, compensation of necessary employees, traveling expenses, purchase of books and periodicals, supplies and equipment, and any other necessary expenses, $32,500.

International exchanges.

International exchanges: For the system of international exchanges between the United States and foreign countries, under the direction of the Smithsonian Institution, including necessary employees, and purchase of necessary books and periodicals, and traveling expenses, $38,500.

American ethnology.

American ethnology: For continuing ethnological researches among the American Indians and the natives of Hawaii, the excavation and preservation of archaeologic remains under the direction of the Smithsonian Institution, including necessary employees, the preparation of manuscripts, drawings, and illustrations, the purchase of books and periodicals, and traveling expenses, $50,000.

Astrophysical Observatory.

Astrophysical Observatory: For maintenance of the Astrophysical Observatory, under the direction of the Smithsonian Institution, including assistants, purchase of books, periodicals, and apparatus, making necessary observations in high altitudes, repairs and alterations of buildings, preparation of manuscripts, drawings, and illustrations, traveling expenses, and miscellaneous expenses, $26,500.

National Museum.

national museum

Equipment, etc.

For cases, furniture, fixtures, and appliances required for the exhibition and safe-keeping of collections; heating, lighting, electrical, telegraphic, and telephonic service, repairs and alterations of buildings, shops, and sheds, including approaches and all necessary material; personal services, and traveling and other necessary incidental expenses, $128,500.

Preserving collections, etc.

For continuing preservation, exhibition, and increase of collections from the surveying and exploring expeditions of the Government, and from other sources, including personal services, traveling expenses, purchasing and supplying uniforms to guards and elevator

Contingent expenses.

conductors, postage stamps and foreign postal cards and all other necessary expenses, and not exceeding $5,500 for preparation of manuscripts, drawings, and illustrations for publications, and not exceeding $3,000 for purchase of books, pamphlets, and periodicals, $509,000.

National Gallery of Art.

national gallery of art

Administrative expenses.

For the administration of the National Gallery of Art by the Smithsonian Institution, including compensation of necessary employees, purchase of books of reference and periodicals, traveling expenses, uniforms for guards, and necessary incidental expenses, $29,500. 297 printing and binding

For all printing and binding for the Smithsonian Institution,

Printing and binding.

including all of its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, $5,500.

Total, Smithsonian Institution, $820,000, of which amount not to

Services in the District.

exceed $750,000 may be expended for personal services in the District of Columbia.

SUPREME COURT BUILDING COMMISSION

Supreme Court Building Commission.

Supreme Court Building: For completing the construction of the

Construction expenses.

Vol. 46, p. 51.

building for the United States Supreme Court in accordance with the provisions of the Act entitled “An Act to provide for the construction of a building for the Supreme Court of the United States”, approved December 20, 1929 (46 Stat., pp. 50–51),

Available until expended.

$3,490,000, to remain available until expended. TARIFF COMMISSION

Tariff Commission.

For salaries and expenses of the United States Tariff Commission,

Salaries and expenses.

including purchase and exchange of labor-saving devices, the purchase

Post, p. 1027.

of professional and scientific books, law books, books of reference, gloves and other protective equipment for photostat and other machine operators, rent in the District of Columbia and elsewhere, subscriptions to newspapers and periodicals, and contract stenographic reporting services, as authorized by sections 330 to

Reporting.

Vol. 46, p. 696.

U.S.C., Supp. VI, p. 319.

341 of the Tariff Act of 1930, approved June 17, 1930 (U.S.C., Supp. VI, title 19, secs. 1330–1341); $785,000, of which amount not to exceed $692,000 may be expended for personal services in the District of Columbia; not to exceed $2,500 for expenses, except membership fees, of attendance at meetings concerned with subjects under investigation by the commission; and not to exceed $7,500 for allowances for living quarters, including heat, fuel, and light,

Living quarters.

Vol. 46, p. 818.

U.S.C., Supp. VI, p. 20.

as authorized by the Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a), but not to exceed $720 may be so used for any one person: Provided, That the Commission may procure supplies

Provisos.

Supplies and services.

R.S., sec. 3709, p. 733.

U.S.C., p. 1309.

and services without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) when the aggregate amount involved does not exceed $50: Provided further, That no part of this appropriation

Salary restriction.

shall be used to pay the salary of any member of the United States Tariff Commission who shall hereafter participate in any proceedings under sections 336, 337, and 338 of the Tariff Act of

Vol. 46, p. 701.

1930, wherein he or any member of his family has any special, direct, and pecuniary interest, or in which he has acted as attorney or special representative.

For all printing and binding for the Tariff Commission, $15,000.

Printing and binding.

Total, Tariff Commission, $800,000.

Post, p. 1027.

UNITED STATES GEOGRAPHIC BOARD

United States Geographic Board.

For salaries and expenses of the United States Geographic Board,

Salaries and expenses.

including personal services in the District of Columbia, and for stationery and office supplies, $7,700.

For printing and binding, $1,300.

Printing and binding.

Total, United States Geographic Board, $9,000.

298

Shipping Board.

UNITED STATES SHIPPING BOARD

Commissioners, personnel, and other expenses.

For three commissioners and for all other expenditures authorized by law, including the compensation of a secretary to the board, attorneys, officers, naval architects, special experts, examiners, and clerks, including one admiralty counsel at not to exceed $10,000 per annum, one technical expert in connection with construction loan fund, at not to exceed $10,000 per annum, and other employees in the District

Outside rent.

of Columbia and elsewhere; and for all other expenses of the Board, including the rental of quarters outside the District of Columbia, law books, books of reference, periodicals, and not exceeding $600 for newspapers, and traveling expenses of members of the Board, its special experts, and other employees, while upon official business away from their designated posts of duty, including attendance at meetings or conventions of members of any society or association, the purpose of which the Board may consider of interest to the development and maintenance of an American merchant marine, when incurred on the written authority of the chairman of the

Investigating discrimination against American vessels, etc.

Board, and for the employment by contract of expert stenographic reporters for its official reporting work including the investigation of foreign discrimination against vessels and shippers of the United States and for the investigation of transportation of immigrants in vessels of the United States Shipping Board, $300,000, of which amount not to exceed $263,000 may be expended for personal services

Provisos.

Estimates of assignments from Fleet Corporation.

No salary reduction, etc.

Vol. 46, p. 1003.

U.S.C., Supp. VI, p. 31.

in the District of Columbia: Provided, That the annual estimates of the Shipping Board for the fiscal year 1935 shall be accompanied by a statement showing the number and compensation of employees of the Fleet Corporation assigned to the Shipping Board: Provided further, That employees of the Merchant Fleet Corporation assigned to and serving with the Shipping Board whose compensation is within the range of salary prescribed for the appropriate grade to which the position has been allocated under the Classification Act of 1923, as amended, shall not be subject to reduction in salary by reason of their transfer during the fiscal year 1934 to the pay roll of the Shipping Board.

Printing and binding.

For all printing and binding for the United States Shipping Board, including all of its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, $10,000.

Shipping Board fund.

united states shipping board shipping fund

Merchant Fleet Corporation expenses payable from.

For expenses of the United States Shipping Board Merchant Fleet Corporation during the fiscal year ending June 30, 1934, for administrative purposes, including the salaries of employees of the Fleet Corporation assigned to the Shipping Board, miscellaneous adjustments, losses due to the maintenance and operation of ships, including operation through an agreement to pay a lump-sum compensation, for the protection of the interests of the United States in any vessel on which the United States holds a mortgage, for the repair of ships, for the purchase, exchange, maintenance, repair, and operation of motor vehicles for official purposes only; for the payment of premiums for liability, fire, theft, property damage, and collision insurance and for other forms of insurance, including schedule and fidelity bonds, commonly carried by commercial corporations engaged in the

Sources of.

Vol. 41, p. 988.

U.S.C., p. 1537; Supp. VI, p. 816.

same or a similar business, and for carrying out the provisions of the Merchant Marine Act, 1920, and amendments thereto, (a) the amount of operating funds on hand July 1, 1933, not to exceed $50,000,000; (b) all amounts received during the fiscal year ending June 30, 1934, other than the proceeds of sales of ships and surplus property; (c) so much of the total proceeds of sales of ships and surplus 299 property received during the fiscal year 1934, but not exceeding $1,000,000, as is necessary to meet the expenses of liquidation, including

Liquidation expenses.

the costs incident to the delivery of vessels to purchasers, the cost of maintaining the laid-up fleet and the salaries and expenses of the personnel engaged in liquidation: Provided, That no part of

Provisos.

Claims not payable therefrom.

these sums, (a), (b), and (c) shall be used for the payment of claims arising out of the construction and requisitioning of vessels; (d) all interest earned on the funds, excepting’the construction loan fund,

Interest earned.

of the United States Shipping Board Merchant Fleet Corporation is to accrue to these funds and is made available for the purposes hereinbefore set forth subject to the limitations herein established: Provided further, That the unexpended balances of the sums made

Operating ships for carrying coal to foreign ports.

Balance available.

Vol. 45, p. 1244.

available by the Independent Offices Appropriation Act, 1930, for reconditioning and operating ships for carrying coal to foreign ports continued available for the same purposes for the fiscal year 1933, are hereby made available for the general purposes hereinbefore set forth for the Merchant Fleet Corporation for the fiscal year 1934: Provided further, That, if and when the President of

Transfer of funds to Post Office Department for foreign mail contracts.

the United States shall so direct, not to exceed $4,000,000 of the funds hereinbefore made available may be transferred to the Post Office Department and, when so transferred, shall be available only for meeting the cost in the fiscal year 1934 of foreign mail contracts entered into by that Department under the provisions of the Merchant

Vol. 45, p. 689.

Marine Act, 1928, approved May 22, 1928, for service upon steamship lines sold by the United States Shipping Board subsequently to December 1, 1932.

That portion of the special claims appropriation contained in the

Special claims.

Balance for, continued available.

Vol. 42, p. 647.

Independent Offices Appropriation Act for the fiscal year 1923 committed prior to July 1, 1923, and remaining unexpended on June 30, 1933, shall continue available until June 30, 1934, for the same purposes and under the same conditions.

To enable the United States Shipping Board Merchant Fleet

Operation of ships taken back from purchasers.

Balance reappronriated.

Vol. 44, p. 318.

Corporation to operate ships or lines of ships which have been or may be taken back from purchasers by reason of competition or other methods employed by foreign shipowners or operators, there is hereby reappropriated the unexpended balance of the appropriation of $10,000,000 made for similar purposes in the Independent Offices Appropriation Act for the fiscal year 1927: Provided, That

Proviso.

President’s approval required.

no expenditure shall be made for the purposes of this paragraph from this sum without the prior approval of the President of the United States.

Not more than two passenger-carrying motor vehicles may be

Motor vehicle restriction.

maintained and/or operated in the District of Columbia from the appropriations in this Act for the United States Shipping Board and the United States Shipping Board Fleet Corporation. Such vehicles shall be for the use of the officers and employees of the Shipping Board and the Fleet Corporation, under the direction of the chairman of the Shipping Board and the president of the Merchant Fleet Corporation.

No part of the sums appropriated in this Act shall be used to pay

Employment of attorneys subject to approval of Attorney General.

the compensation of any attorney, regular or special, for the United States Shipping Board or the United States Shipping Board Merchant Fleet Corporation unless the contract of employment has been approved by the Attorney General of the United States.

No part of the funds of the United States Shipping Board Merchant

Rent in the District.

Fleet Corporation shall be available for the rent of buildings in the District of Columbia during the fiscal year 1934 if suitable space is provided for said corporation by the Public Buildings Commission.

300

Foreign fuel oil.

No part of the funds of the United States Shipping Board Merchant Fleet Corporation shall be available during the fiscal year 1934 for the purchase of any kind of fuel oil of foreign production for issue, delivery, or sale to ships at points either in the United States or its possessions, where oil of the production of the United States or its possessions is available, if the cost of such oil compared with foreign oil costs be not unreasonable.

Regular attorneys.

Of the sums herein made’available under the United States Shipping Board, not to exceed an aggregate of $150,000 shall be expended for compensation of regular attorneys employed on a yearly salary basis, including their clerical and legal assistants.

Loans to mail-carrying corporations.

Forbidden, without approval of Comptroller.

None of the money herein appropriated or authorized shall be used to make loans to any corporation with which the Postmaster General has made a contract for the carrying of mail under the provisions of the Merchant Marine Act of 1928, which contract has not been approved by the Comptroller General.

Total, United States Shipping Board, $310,000.

Veterans’ Administration.

VETERANS’ ADMINISTRATION military services

Administration, medical, hospital, and domiciliary services.

Salaries and expenses.

Administration, medical, hospital, and domiciliary services: For all salaries and expenses of the Veterans’ Administration, including the expenses of maintenance and operation of medical, hospital, and domiciliary services of the Veterans’ Administration, in carrying out the duties, powers, and functions devolving upon it pursuant to the

Vol. 46, p. 1016.

U.S.C., Supp. VI, p. 707.

authority contained in the Act entitled “An Act to authorize the President to consolidate and coordinate governmental activities affecting war veterans”, approved July 3, 1930 (U.S.C., Supp. VI, title 38, secs. 11–11f), and any and all laws for which the Veterans’ Administration is now or may hereafter be charged with administering,

Provisos.

Payments to State institutions.

$85,773,000: Provided, That when found to be to the best interest of the United States, not to exceed $500,000 of this amount may be used for payments to State institutions caring for and maintaining veterans, suffering from neuropsychiatric ailments, who are in such institutions on the date of the enactment of this Act:

Regional offices.

Expenses.

Provided, That not to exceed $8,000,000 of this amount shall be available for all expenses and maintenance of all regional offices of the Veterans’ Administration: Provided, That not to exceed $3,500 of this amount shall be available for expenses, except membership fees, of employees detailed by the Administrator of Veterans’

Attendance at meetings.

Affairs to attend meetings of associations for the promotion of medical science and annual national conventions of organized war

Objects designated.

Services, rentals, etc., in District and elsewhere.

veterans: Provided further, That this appropriation shall be available also for personal services and rentals in the District of Columbia and elsewhere, including traveling expenses; examination of estimates of appropriations in the field, including actual expenses of

Transfer of effects.

subsistence or per diem allowance in lieu thereof; for expenses incurred in packing, crating, drayage, and transportation of household effects and other property, not exceeding in any one case five thousand pounds, of employees when transferred from one official station to another for permanent duty and when specifically authorized

Wearing apparel.

by the administrator; furnishing and laundering of such wearing apparel as may be prescribed for employees in the performance of their official duties; purchase and exchange of law books, books of reference, periodicals, and newspapers; for passenger-carrying

Motor vehicles.

and other motor vehicles, including purchase, maintenance, repair, and operation of same, including not more than two 301 passenger automobiles for general administrative use of the bureau in the District of Columbia and three for the Washington, District of Columbia regional office; and notwithstanding any provisions

Transportation of employees’ children to schools.

of law to the contrary, the Administrator is authorized to utilize Government-owned automotive equipment in transporting children of Veterans’ Administration employees located at isolated stations to and from school under such limitations as he may by regulation prescribe; and notwithstanding any provisions of law to the contrary, the Administrator is authorized to expend during the fiscal

Contract actuarial services.

year 1934 not to exceed $2,000 for actuarial services by contract, without obtaining competition, at such rates of compensation as he may determine to be reasonable; for operating expenses of the Arlington Building and annex, and the Wilkins Building, including

Arlington and Wilkins Buildings.

Transfer of funds to other departments.

repairs and mechanical equipment, fuel, electric current, ice, ash removal, and miscellaneous items; for allotment and transfer to the Public Health Service, the War, Navy, and Interior Departments, for disbursement by them under the various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans’ Administration, including minor repairs and improvements of existing facilities under their jurisdiction necessary to such care and treatment; for expenses incidental

Farms, maintenance, etc.

Recreation facilities.

Vol. 46, p. 991.

Funeral expenses.

to the maintenance and operation of farms; for recreational articles and facilities at institutions maintained by the Veterans’ Administration; for administrative expenses incidental to securing employment for war veterans; for funeral, burial, and other expenses incidental thereto for beneficiaries of the Veterans’ Administration accruing during the fiscal year 1934 or prior fiscal years: Provided
Fund available for purchasing tobacco.
further, That the appropriations herein made for the care and maintenance of veterans in hospitals or homes under the jurisdiction of the Veterans’ Administration shall be available for the purchase of tobacco to be furnished, subject to such regulations as the Administrator of Veterans’ Affairs shall prescribe, to veterans receiving hospital treatment or domiciliary care in Veterans’ Administration hospitals or homes: Provided further, That the appropriations

Experiments in determining value of different treatments.

herein made for medical and hospital services under the jurisdiction of the Veterans’ Administration shall be available, not to exceed $5,000, for experimental purposes to determine the value of certain types of treatment: Provided further, That the appropriations

State and Territorial homes.

Continuing aid to.

Vol. 25, p. 450.

U.S.C., 677.

herein made for domiciliary care shall be available for continuing aid to State or Territorial homes for the support of disabled volunteer soldiers and sailors, in conformity with the Act approved August 27, 1888 (U.S.C., title 24, sec. 134), as amended, including all classes of veterans admissible to the Veterans’ Administration homes: Provided further, That the Administrator

Defense of suits.

Transfer of funds and personnel to Department of Justice for.

Vol. 43, p. 612; Vol. 45, p. 964; Vol. 46, p. 992.

U.S.C., p. 1218; Supp. VI, p. 719.

of Veterans’ Affairs may, with the concurrence of the Attorney General, transfer to the Department of Justice such personnel and/or funds as may be deemed necessary in connection with the defense of suits against the United States under section 19 of the World War Veterans’ Act, 1924, as amended: Provided further, That Section 6, Title I, of the Act entitled “An Act to maintain

Domiciliary care.

Persons discharged for disabilities incurred in line of duty.

Ante, p. 9.

Post, p. 525.

the credit of the United States Government,” approved March 20, 1933, is hereby amended to read as follows: “Sec. 6. In addition to the pensions provided in this title the Administrator of Veterans’ Affairs is hereby authorized under such limitations as may be prescribed by the President, and within the limits of existing Veterans’ Administration facilities, to furnish to men discharged from the Army, Navy, Marine Corps, or Coast Guard for disabilities incurred in line of duty and to veterans of any war, including the Boxer rebellion and the Philippine insurrection, domiciliary care where 302 they are suffering with permanent disabilities, tuberculosis, or neuro-psychiatric ailments and medical and hospital treatment for diseases or injuries.”

Use for new hospital sites, hospitals, etc., forbidden.

Amount for improvements, etc.

No part of this appropriation shall be expended for the purchase of any site for or toward the construction of any new hospital or home, or for the purchase of any hospital or home; and not more than $4,000,000 of this appropriation may be used to repair, alter, improve, or provide facilities in the several hospitals and homes under the jurisdiction of the Veterans’ Administration either by contract or by the hire of temporary employees and the purchase of materials.

Printing and binding.

For printing and binding for the Veterans’ Administration, including all its bureaus and functions located in Washington,

Proviso.

Use of branch equipment.

District of Columbia, and elsewhere, $150,000: Provided, That the Administrator of Veterans’ Affairs is authorized to utilize the printing and binding equipment which the various hospitals and homes of the Veterans’ Administration use for occupational therapy

Printing restrictions waived.

Vol. 28, p. 622; Vol. 40, p. 1270.

U.S.C., p. 1421.

purposes for the purpose of doing such printing and binding as may, in his judgment, be found advisable for the use of the Veterans’ Administration, notwithstanding the provisions of section 87 of the Act entitled “An Act providing for the public printing and binding and the distribution of public documents”, approved January 12, 1895, and section 11 of the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1920, and for other purposes, approved March 1, 1919 (U.S.C., title 44, sec. 111).

Pensions.

Pensions: For the payment of pensions, gratuities, and allowances, now authorized under any Act of Congress, or regulation of the President based thereon, or which may hereafter be authorized, including emergency officers’ retirement pay and annuities, the administration of which is now or may hereafter be placed in the Veterans’ Administration, $319,230,000, to be immediately available:

Proviso.

Navy from naval fund.

Provided, That Navy pensions shall be paid from the income of the Navy pension fund, so far as the same shall be sufficient for that purpose.

Military and naval insurance.

For military and naval insurance accruing during the fiscal year 1934 or in prior fiscal years, $123,000,000.

Compromise judgments, yearly renewable term insurance.

Attorney General authorized to agree to.

That the Attorney General of the United States is hereby authorized to agree to a judgment to be rendered by the presiding judge of the United States court having jurisdiction of the case, pursuant to compromise approved by the Attorney General upon the recommendation of the United States Attorney charged with the defense, upon such terms and for such sums within the amount claimed to be payable, in any suit pending on March 20, 1933, and on the date of the enactment of this Act, brought under the provisions of the World War Veterans’ Act, 1924, as amended, on a contract of yearly renewable term insurance, and the Administrator of Veterans’ Affairs is hereby authorized and directed to make payments in

Provisos.

Credits to be allowed in accounts for disbursements under.

accordance with any such judgment: Provided, That the Comptroller General of the United States is hereby authorized and directed to allow credit in the accounts of disbursing officers of the Veterans’ Administration for all payments of insurance made in

Judgment to constitute final settlement of claim.

accordance with any such judgment: Provided further, That all such judgment shall constitute final settlement of the claim and no appeal therefrom shall be authorized.

Hospital, domiciliary, etc., facilities.

Vol. 46, p. 1550.

Hospital and domiciliary facilities: For carrying out the provisions of the Act entitled “An Act to authorize an appropriation to provide additional hospital, domiciliary, and out-patient dispensary 303 facilities for persons entitled to hospitalization under the World War Veterans’ Act, 1924, as amended, and for other purposes,” approved March 4, 1931 (46 Stat., p. 1550), $1,000,000, to remain available until expended.

Adjusted service certificate fund: For an amount necessary under

Adjusted service certificate fund.

Vol. 43, p. 128.

U.S.C., p. 1232; Supp. VI, p. 728.

Loans, etc.

Vol. 43, p. 128; Vol. 46, p. 1429; Vol. 47, p. 724.

U.S.C., p. 1233; Supp. VI, pp. 730, 731, 732.

the World War Adjusted Compensation Act (U.S.C., title 38, secs. 591–683; U.S.C., Supp. VI, title 38, secs. 612–682), to provide for the payment of the face value of each adjusted service certificate in twenty years from its date or on the prior death of the veteran, and to make loans to veterans and repayments to banks in accordance with section 507 of the Act, as amended (U.S.C., Supp. VI, title 38, secs. 642, 647, 650; Act July 21, 1932, 47 Stat., pp. 724–725), $50,000,000, to become available July 1, 1933, and remain available until expended.

Such amount as may be necessary of the fund entitled “Recreation

Recreation fund, Army.

Funds from, for aid to indigent veterans, convention held in Washington.

Vol. 47, p. 1573.

fund, Army,” created by the War Department Appropriation Act, approved March 4, 1933, is hereby appropriated ancl made available for reimbursement to the Veterans’ Administration for all expenses (including transportation to bona fide residence) incurred in connection with indigent veterans in attendance at the convention of the rank and file organization of World War Veterans held in Washington, District of Columbia, during the month of May, 1933, and the decision of the Administrator of Veterans’ Affairs in connection with such expenditures shall be final and conclusive.

Adjusted service and dependent pay: For payment of adjusted

Adjusted service and dependent pay.

Vol. 43, pp. 125, 129, 130; Vol. 44, pp. 828, 829; Vol. 45, pp. 947, 948; Vol. 46, p. 496.

U.S.C., pp. 1231, 1233; Supp. VI, p. 732.

service credits of not more than $50 each and the quarterly installments due to dependents of deceased veterans, as provided in the Act of May 19, 1924, as amended (U.S.C., title 38, secs. 631–632, 663, 666; U.S.C., Supp. VI, title 38, secs. 661–662, 664–665, 667), $2,835,000, to be immediately available and to remain available until expended.

Payments to beneficiaries of the Veterans’ Administration who

Reduced payments to beneficiaries to recover amounts due, continued to June 30, 1933.

Provisos.

Payments otherwise authorized.

Disbursing officers not liable for payments hereunder.

are now receiving reduced monthly benefits in order to effect recovery of amounts due the United States shall continue in such reduced amounts until June 30, 1933: Provided, That such payments are otherwise authorized: Provided further, That no disbursing officer shall be held liable for any payment made under the provisions of this section or for the uncollected balance of any over payment involved.

Total, Military Services, $581,988,000.

civil-service retirement fund

Civil-Service Retirement Fund.

For financing of the liability of the United States, created by

Contribution to.

Vol. 41, p, 614; Vol. 44, p. 912; Vol. 46, p. 468.

U.S.C., p. 71, Supp. VI, p. 46.

the Act entitled “An Act for the retirement of employees in the classified civil service, and for other purposes”, approved May 22, 1920, and Acts amendatory thereof (U.S.C., Supp. VI, title 5, sec. 707a), $20,850,000, which amount shall be placed to the credit of the “civil-service retirement and disability fund.”

Total, Veterans’ Administration, $602,838,000: Provided, That no

Proviso.

Oleomargarine restriction.

part of this appropriation shall be expended for the purchase of oleomargarine or butter substitutes except for cooking purposes.

INTERNATIONAL INSTITUTE OF AGRICULTURE

International Institute of Agriculture.

The sum of $48,500, or so much thereof as may be necessary, is

Expenses of participation.

hereby appropriated for the expenses of participation by the United States in the International Institute of Agriculture at Rome, Italy, 304 to be expended under the direction of the Secretary of State in the following manner: (1)

Support of Institute.

Not to exceed the equivalent in United States currency of one hundred and ninety-two thousand gold francs for the payment of the quota of the United States for the support of the institute, including the shares of the Territory of Hawaii, and of the dependencies of the Philippine Islands, Puerto Rico, and the Virgin Islands. (2)

Salary, United States member of permanent committee.

Not to exceed $5,000 for the salary of a United States member of the permanent committee of the International Institute of Agriculture. (3)

Living quarters.

Vol. 46, p. 818.

Compensation to employees, travel expenses, etc.

Not to exceed $5,500 for rent of living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (46 Stat. 818); compensation of subordinate employees without regard to the Classification Act of 1923, as amended; actual and necessary traveling expenses; and other contingent expenses incident to the maintenance of an office at Rome, Italy, for a United States member of the permanent committee of the International Institute of Agriculture.

Bureau of Fisheries.

BUREAU OF FISHERIES

Black bass law, enforcement.

Vol. 44, p. 576; Vol. 46, p. 845.

U.S.C., Supp. VI, p. 234.

Enforcement of black bass law: To enable the Secretary of Commerce to carry into effect the Act entitled “An Act to amend the Act entitled ‘An Act to regulate interstate transportation of black bass, and for other purposes’, approved May 20, 1926” (U.S.C., Supp. V, title 16, secs. 851–856), approved July 2, 1930 (46 Stat., pp. 845–847), $13,110, of which not to exceed $1,530 may be expended for personal services in the District of Columbia.

Total appropriated by this Act, $631,802,546.

Sec. 2.

Salaries limited to average rates under Classification Act.

Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.

U.S.C., p. 65; Supp. VI, p. 31.

Proviso.

Restriction not applicable to clerical-mechanical service.

No reduction in fixed salaries.

Vol. 42, p. 1490.

U.S.C., p. 66.

Transfers to another position without reduction.

In expending appropriations or portions of appropriations contained in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended: Provided further, That this restriction shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, or (2) to require the reduction in salary of any person whose compensation was fixed, as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade, in the same or different bureau, office, or other appropriation unit, (4) to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or (5) to reduce the compensation of any person in a grade in which only one position is allocated.

Sec. 3.

Salary increases through reallocation of position forbidden.

No part of the appropriations contained in this Act or prior appropriation Acts shall be used to pay any increase in the salary of any officer or employee of the United States Government by reason of the reallocation of the position of such officer or employee to a higher grade after June 30, 1932, by the Personnel Classification Board or the Civil Service Commission, and salaries paid accordingly shall be payment in full.

Sec. 4.

Impoundment of appropriations.

Ante, p. 14.

Title II of the Act entitled “An Act to maintain the credit of the United States Government”, approved March 20, 1933, to the extent that it provides for the impoundment of appropriations 305 shall not operate to require such impoundment under appropriations contained in this Act.

Sec. 5. Whenever it shall appear to the President, in respect of

Modification of contracts for transportation.

any contract entered into by the United States prior to the date of enactment of this Act for the transportation of persons and/or things, that the full performance of such contract is not required in the public interest, and that modification or cancellation of such contract

Cancellation.

will result in substantial savings to the United States, the President is hereby, upon giving sixty days’ notice and opportunity

Notice of intention.

Hearing.

for public hearing to the parties to such contract, authorized, in his discretion, on or before April 30, 1935, to modify or cancel such contract. Whenever the President shall modify or cancel any such contract, he shall determine just compensation therefor; and

Compensation.

if the amount thereof, so determined by the President, is unsatisfactory to the individual, firm, or corporation entitled to receive the same, such individual, firm, or corporation shall be entitled to receive such portion thereof as the President shall determine and shall be entitled to sue the United States to recover such further

Suits against United States authorized when accord not reached.

sum as, added to said portion so received, will make up such amount as will be just compensation therefor, in the manner provided for by paragraph 20 of section 41 and section 250 of title 28 of the

U.S.C., pp. 867, 897.

United States Code: Provided, That where any such contract makes

Proviso.

Compensation, when contract contains settlement clause in event of modification.

Appropriations authorized.

provision for settlement in the event of modification or cancellation, the amount of just compensation as determined hereunder shall not exceed such amount as is authorized by said contract. Any appropriation out of which payments upon the said contract were authorized to be made is hereby made available for the payment of such just compensation.

Sec. 6. Hereafter the Postmaster General shall not award any air

Air mail contracts.

mail contract or any ocean mail contract under the Merchant Marine Act of 1928 to any individuals, companies, or corporations, which

Awarding prohibited, when salary exceeding $17,500 paid.

singly or in combination with other individuals, companies, or corporations pay any salary or salary combined with bonus, to any officer, agent, or employee in excess of $17,500. If such individuals, companies,

Salary reduction, employment on part-time basis.

or corporations employ any officer, agent, or employee on a part-time basis, such salary, or salary combined with bonus, shall be reduced in proportion to such part-time employment.

Sec. 7. Whenever the President after investigation shall find

Services rendered and articles sold by Executive Department, etc.

that the charge or charges established by or in accordance with existing law for any service rendered or article sold by any executive department, commission, or other executive agency of the United States is less than the cost of such service or thing determined by the President in accordance with sound principles of accounting, he is hereby authorized, in his discretion, by Executive order to

Executive order increasing charges for.

increase such charge or charges in such amount as he may determine will return to the Government the cost of such service. The

Termination of authority.

authority granted to the President to order increases in charges hereunder shall cease upon the expiration of two years after the date of the enactment of this Act.

Sec. 8. (a) Whenever at any time hereafter prior to July 1, 1935,

Retirement provision, employees having thirty years service.

Vol. 46, p. 468.

U.S.C., Supp. VI, p. 40.

any employee of the United States or the District of Columbia to whom the Civil Service Retirement Act, approved May 29, 1930 (U.S.C., Supp. VI, title 5, chap. 14), applies, who has an aggregate period of service of at least thirty years computed as prescribed m section 5 of such Act, is involuntarily separated from the

Annuity payment when involuntarily separated for other than misconduct.

service for reasons other than his misconduct, such employee shall be entitled to an annuity computed as provided in section 4 of such Act payable from the civil service retirement and disability fund less a sum equal to 3½ per centum of such annuity: 306

Proviso.

Deduction from annuity, when to cease.

Provided, That when an annuitant hereunder attains the age which would have been the retirement age prescribed for automatic separation from the service applicable to such annuitant had he continued in the service to such retirement age, such deduction from the

Reemployment of annuitant.

annuity shall cease. If and when any such annuitant shall be reemployed in the service of the District of Columbia or the United States (including any corporation the majority of the stock of which is owned by the United States), the right to the annuity provided

Determination of subsequent annuity rights.

by this section shall cease and the subsequent annuity rights of such person shall be determined in accordance with the applicable provisions of retirement law existing at the time of the subsequent separation of such person from the service. (b)

Canal Zone employees.

Vol. 46, p. 1471.

Whenever at any time hereafter prior to July 1, 1935, any person to whom the Canal Zone Retirement Act, approved March 2, 1931 (Public, Numbered 781, Seventy-first Congress), applies,

Annuity payment when involuntarily separated, etc.

who has an aggregate period of service of at least thirty years computed as prescribed in section 7 of such Act, is involuntarily separated from the service for reasons other than his misconduct, such employee shall be entitled to an annuity computed as provided

Deduction.

in section 6 of such Act payable from the Canal Zone retirement and disability fund less a sum equal to 5 per centum of such annuity:

Proviso.

When deduction to cease.

Provided, That when an annuitant hereunder attains the age at which he would have been entitled to retirement with annuity computed as provided in section 6 of such Act, such deduction from the

Reemployment of annuitant.

Determination of subsequent annuity rights.

this section shall cease and the subsequent annuity rights of such person shall be determined in accordance with the applicable provisions of retirement law existing at the time of the subsequent separation of such person from the service.

Sec. 9. (a)

Furlough provision effective during fiscal year 1934.

Post, p. 523.

Until July 1, 1934, in cases in which the number of officers and employees in any particular service is in excess of the number necessary for the requirements of such service, the heads of the several executive departments and independent establishments of the United States Government and the municipal government of the District of Columbia, respectively, are hereby authorized to furlough, without pay, any officers and employees carried on their respective rolls for such periods as in their judgment may be necessary to distribute, as far as practicable, employment on the available work in such service among all the officers and employees of such

Proviso.

Limitation on furlough period.

service, in rotation: Provided, That no employee under the classified civil service shall be furloughed under the provisions of this section for a total of more than ninety days during the fiscal year 1934, except after full and complete compliance with all the provisions

Uniform application of provisions.

of the civil service laws and regulations relating to reductions in personnel. Rules and regulations shall be promulgated by the President with a view to securing uniform action by the heads of the various executive departments and independent Government establishments in the application of the provisions of this section.

Rural Mail Delivery Service.

Carriers excepted.

Executive Order No. 6176, June 16, 1933.

The provisions of this section relating to furloughs shall not apply to carriers in the Rural Mail Delivery Service, but the President is authorized to suspend, or to reduce, for the duration of the fiscal year 1934, the allowance paid to such carriers for equipment maintenance. (b)

Vol. 47, p. 407, repealed.

Section 216 of the Legislative Appropriation Act for the fiscal year 1933, and such section as continued and amended for the fiscal year 1934, are hereby repealed.

307

Sec. 10. The President is authorized, in his discretion, to suspend

Reduction of extra pay for flying duty authorized.

the extra pay or reduce the rate of extra pay allowed to commissioned officers, warrant officers, and enlisted men of the Army, Navy, Marine Corps, and Coast Guard while on flying duty, and to distinguish between degrees of hazard in various types of flying duty and make different rates of extra pay applicable thereto.

Sec. 11. So much of the Act of August 5, 1882 (22 Stat. 285), as

Naval Academy graduates.

Vol. 22, p. 285.

U.S.C., p. 1148.

is contained in the proviso at the end of section 1057, title 34, United States Code, is hereby amended by repealing the words “and one year’s sea pay”, so that the said proviso will read as follows: “ Provided,

Ante, p. 123.

That if there be a surplus of graduates, those who do not receive such appointments shall be given a certificate of graduation and an honorable discharge.”

Sec. 12. From the date of the approval of this Act and until July

Compensation reduction, employees, etc., of the insular possessions.

1, 1934, the compensation of all officers and employees of the insular possessions of the United States, including the Philippine Islands, which is now fixed by Acts of Congress and which is not subject to reduction under the provisions of title II of the Act entitled “An

Ante, p. 12.

Act to maintain the credit of the United States Government”, approved March 20, 1933, is hereby reduced 15 per centum: Provided,

Proviso.

Exception, officers whose compensation may not be reduced under Constitution.

That nothing herein shall be construed as applying to officers whose compensation may not, under the Constitution, be diminished during their continuance in office.

Sec. 13. For the period of the fiscal year ending June 30, 1933,

Judges, retirement pay.

Post, p. 521.

remaining after the date of the enactment of this Act, and during the fiscal year ending June 30, 1934, the retired pay of judges (whose compensation, prior to retirement or resignation, could not, under

Reduction during fiscal year 1934.

the Constitution, have been diminished) is reduced by 15 per centum.

Sec. 14. The compensation authorized by sections 3, 4, and 10 of

Federal employees.

Reduction of disability compensation.

Vol. 39, p. 742.

U.S.C., p. 77.

the Act of September 7, 1916, as amended, accruing during the fiscal year 1934, shall be reduced below the amounts prescribed by the said Act by the same percentage as that prescribed for the reduction of compensation of officers and employees under section 3 of

Ante, p. 13.

title II of the Act entitled “An Act to maintain the credit of the United States Government”, approved March 20, 1933: Provided
Provisos.
Determination of monthly pay.
Vol. 39, p. 750.
U.S.C., p. 81.
further, That the monthly pay as defined in section 40 of the Act of September 7, 1916, shall be determined without regard to the temporary reductions in pay required by the Act of March 20, 1933: Provided, further, That the funds made available for the purposes

Funds available.

Ante, p. 23.

of the Act entitled “An Act for the relief of unemployment through the performance of useful public work, and for other purposes”, approved March 31, 1933, shall be available for the payment of compensation for injuries as required by section 3 of said

Payments through Employees Compensation Commission.

Act, but such payment shall be made through the Employees’ Compensation Commission.

Sec. 15. For the fiscal year ending June 30, 1934, every pension

Pensions payable under private relief act.

payable under any private relief Act, not subject to the provisions of sections 1 and 17 of title I of the Act entitled “An Act to maintain

Ante, pp. 8, 11.

the credit of the United States Government”, approved March 20, 1933, shall, irrespective of the provisions of section 18 of title I of such Act, be reduced by the same percentage as that prescribed for

Reduction of.

the reduction of compensation of officers and employees under section 3 of title II of said Act.

Sec. 16. (a) There shall be in the Department of Justice an

Assistant Solicitor General, Department of Justice.

Appointment.

Assistant Solicitor General to assist the Solicitor General in the performance of his duties, who shall be appointed by the President, by and with the advice and consent of the Senate. Said Assistant Solicitor General shall be allocated to the same classification grade

Allocation; compensation.

and be paid the same rate of compensation as apply to Assistant 308 Attorneys General and shall perforin such additional duties as may

Position abolished.

be required of him by the Attorney General. (b) One of the existing positions of Assistant Attorney General is hereby abolished.

Sec. 17.

Classification Act of 1923.

Vol. 42, p. 1489; Vol. 45. p. 785; Vol. 46, p. 1003.

U.S.C., p. 65; Supp. VI, p. 31.

Adjustment of field service pay.

That section 3 of the Act of Congress approved May 28, 1928, entitled “An Act to amend the salary rates contained in the compensation schedules of the Act of March 4, 1923, entitled ‘An Act to provide for the classification of civilian positions within the District of Columbia and in the field services’”, as amended by the Act of July 3, 1930, be further amended by adding thereto the following:

Rate of pay when reclassification of position to lower grade.

“ Provided, That in all cases where, since December 6, 1924, in such adjustment the position occupied by an employee has been or shall be allocated to a grade with a maximum salary below the salary received by the incumbent, the rate of pay fixed for such position prior to such allocation may be paid after the date of the enactment of this Act so long as the position is held by the incumbent occupying it at the time of such allocation and the Comptroller General of the United States is authorized and directed to allow credit in disbursing officers’ accounts for all payments heretofore made at such higher rates. ”

Sec. 18.

Post office, Long Beach, Calif.

Modification of construction contract authorized.

Relief for earthquake damages.

The Secretary of the Treasury is hereby authorized to effect a modification of the contract for the construction of the Long Beach (California) Post Office, so as to afford such relief as he deems to be proper for losses caused the contractor for restoration of damages to the building occasioned by the earthquake of March 10, 1933, and to make such structural and other changes in the building as may be necessary to minimize a recurrence of earthquake damage to the building: Provided, That the present appropriation for

Sums available.

the Long Beach project shall be available for the purposes named, and that any additional cost incurred by reason of the above shall not exceed the present limit of cost: Provided further, That the contractor

No profit to be allowed.

shall not be allowed any profit in connection with the restoration of such earthquake damages.

Sec. 19.

Emergency Farm Mortgage Act of 1933.

Ante, p. 49, amended.

Section 36 of the “Emergency Farm Mortgage Act of 1933”, approved May 12, 1933, is hereby amended to read as follows:

“Sec. 36.

Loans to drainage districts, etc., by Reconstruction Finance Corporation authorized.

Aggregate amount.

The Reconstruction Finance Corporation is authorized and empowered to make loans as hereinafter provided, in an aggregate amount not exceeding $50,000,000 to or for the benefit of drainage districts, levee districts, levee and drainage districts, irrigation districts, and similar districts duly organized under the laws of any State, and to or for the benefit of political subdivisions of States, which prior to the date of enactment of this Act have completed projects devoted chiefly to the improvement of lands for agricultural

Purpose to reduce, etc., outstanding indebtedness.

purposes. Such loans shall be made for the purpose of enabling any such district or political subdivision (hereafter referred to as the “borrower”) to reduce and refinance its outstanding indebtedness

Terms and conditions.

Vol. 47, p. 6.

incurred in connection with any such projects, and shall be subject to the same terms and conditions as loans made under section 5 of the Reconstruction Finance Corporation Act, as amended; except

Security required.

that (1) the term of any such loan shall not exceed forty years; (2) each such loan shall be secured by bonds, notes, or other obligations which are a lien on the real property within the project or on the assessments, taxes, or other charges imposed by the borrower pursuant to State law, or by such other collateral as may be acceptable to

Agreement respecting bond issues.

Repayment.

the Corporation; (3) the borrower shall agree not to issue during the term of the loan any other bonds so secured except with the consent of the Corporation; (4) the borrower shall agree, insofar as it lawfully may, to pay to the Corporation, until all bonds or other obligations of the borrower acquired by the Corporation are retired, an amount equal to the amount by which the assessments, taxes, and other charges collected by the borrower exceed the cost of operation 309 and maintenance of the project and maturities of interest and principal on its outstanding obligations, and (5) the borrower shall agree,

Reduction of annual taxes, assessments, and charges.

to the satisfaction of the Corporation, to reduce, insofar as it lawfully may, the annual taxes, assessments, and other charges imposed by it for or on account of the project by an amount proportional to the reduction in the corresponding annual requirements for principal and interest of its outstanding indebtedness by reason of the operation of this section. No loan shall be made under this section

Conditions of loan.

Appraisal of borrower’s property.

until the Reconstruction Finance Corporation (A) has caused an appraisal to be made of the property securing and/or underlying the outstanding bonds of the applicant, (B) has determined that the

Determination of economic soundness.

Corporation to approve refunding agreement between borrower and holders of outstanding bonds.

project of the applicant is economically sound, and (C) has been satisfied that an agreement has been entered into between the applicant and holders of its outstanding bonds or other obligations under which the applicant will be able to purchase or refund all or a major portion of such bonds or other obligations at a price determined by the Corporation to be reasonable after taking into consideration the average market price of such bonds over the six months’ period ending March 1, 1933, and under which a substantial reduction will be brought about in the amount of the outstanding indebtedness of the applicant.”

Sec. 20.

The President is hereby authorized under the provisions

Board to review veterans claims in which presumptive service connection heretofore granted and denied.

of Public Law Numbered 2, Seventy-third Congress, to establish such number of special boards (the majority of the members of which were not in the employ of the Veterans’ Administration at the date of enactment of this Act), as he may deem necessary to review

Ante, p. 8.

all claims (where the veteran entered service prior to November 11, 1918, and whose disability is not the result of his own misconduct),

Vol. 43, p. 607.

in which presumptive service connection has heretofore been granted under the World War Veterans’ Act, 1924, as amended, wherein payments were being made on March 20, 1933, and which are held not service connected under the regulations issued pursuant to Public Law Numbered 2, Seventy-third Congress. Members of such

Appointment of members.

boards may be appointed without regard to the Civil Service laws and regulations, and their compensation fixed without regard to the Classification Act of 1923, as amended. Such special boards shall

Determination of service connection.

determine, on all available evidence, the question whether service connection shall be granted under the provisions of the regulations issued pursuant to Public Law Numbered 2, Seventy-third Congress (notwithstanding the evidence may not clearly demonstrate the existence of the disease or any specific clinical findings within the terms of or period prescribed by regulation 1, part 1, subparagraph (c), or instruction numbered 2, regulation numbered 1, issued under Public

Ante, p. 8.

Law Numbered 2, Seventy-third Congress), and shall in their

Reasonable doubts; burden of proof.

decisions resolve all reasonable doubts in favor of the veteran, the burden of proof in such cases being on the Government.

Notwithstanding the provisions of section 17, title I, Public

Adjudication of claims by Veterans’ Administration when filed prior to March 20, 1933.

Ante, p. 11; post, p. 526.

Numbered 2, Seventy-third Congress, any claim for yearly renewable term insurance on which premiums were paid to the date of death of the insured and any claim for pension, compensation allowance, or emergency officers’ retirement pay under the provisions of laws repealed by said section 17 wherein claim was duly filed prior to March 20, 1933, may be adjudicated by the Veterans’ Administration on the proofs and evidence received by the Veterans’ Administration prior to March 20, 1933, and any person found entitled to the benefits claimed shall be paid such benefits in accordance with and in the amounts provided by such prior laws: Provided,

Proviso.

Payments authorized; actions and appeals.

That the payments hereby authorized to be made shall continue only to include June 30, 1933, and only one original adjudicatory 310

Burial expenses, veterans dying prior to March 20, 1933.

Ante, p. 11.

action and one appeal may be had in such cases. Where a veteran died prior to March 20, 1933, under conditions which warrant the payment of, or reimbursement for, burial expenses, such payment or reimbursement may be made in accordance with the laws in effect

Filing claim.

prior to March 20, 1933, provided that claim for such payment or reimbursement must be filed within three months from the date of passage of this Act.

Finality of Board decision.

Notwithstanding the provisions of Public Law Numbered 2, Seventy-third Congress, the decisions of such special boards shall be final in such cases, subject to such appellate procedure as the

Percentage of payments made on March 20, 1933, to continue.

President may prescribe, and, except for fraud, mistake, or misrepresentation, 75 per centum of the payments being made on March 20, 1933, therein shall continue to October 31, 1933, or the date of

Proviso.

Extension of time for Board decision.

special board decision, whichever is the earlier date: Provided, That where any case is pending before any one of the special boards on October 31, 1933, the President may provide for extending the time of payment until decision can be rendered. The President shall

Rules governing reviews and hearings.

Payment of salaries and expenses.

prescribe such rules governing reviews and hearings, as may be deemed advisable. Payment of salaries and expenses of such boards and personnel assigned thereto shall be paid out of and in accordance with appropriations for the Veterans’ Administration.

Limitation on reduction of payments for directly service-connected disabilities.

Ante, p. 8; post, p. 524.

Notwithstanding any of the provisions of Public Law Numbered 2, Seventy-third Congress, in no event shall the rates of compensation payable for directly service-connected disabilities to those veterans who entered the active military or naval service prior to November 11, 1918, and whose disabilities are not the result of their own misconduct, where they were except by fraud, mistake, or misrepresentation, in receipt of compensation on March 20, 1933, be reduced more than 25 per centum, except in accordance with the regulations issued under Public Law Numbered 2, Seventy-third Congress, pertaining to Federal employees, hospitalized cases and cases of beneficiaries residing outside of the continental limits of the United States; and

Death compensation.

in no event shall death compensation, except by fraud, mistake, or misrepresentation, being paid to widows, children, and dependent parents of deceased World War veterans under the World War Veterans’ Act of 1924, as amended, on March 20, 1933, be reduced or discontinued, whether the death of the veteran on whose account compensation is being paid was directly or presumptively connected with service.

Minimum pension, 50 per centum disabled veteran of Spanish-American War, etc.

Notwithstanding any of the provisions of Public Law Numbered 2, Seventy-third Congress, any veteran of the Spanish-American War, including the Boxer rebellion and the Philippine insurrection, who served ninety days or more, was honorably discharged from the service, is fifty-five years of age or over, is 50 per centum disabled, and in need as defined by the President, shall be paid a pension of not less than $15 per month.

Sec. 21.

Short title.

This Act hereafter may be referred to as the “Independent Offices Appropriation Act, 1934.”

Approved, June 16, 1933, 1:25 p.m.

To remove the limitation on the filling of the vacancy in the office of senior circuit judge for the ninth judicial circuit. Chapter 102 48 Stat. 310 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 102.]

AN ACT To remove the limitation on the filling of the vacancy in the office of senior circuit judge for the ninth judicial circuit.

June 16, 1933.

[S. 813.]

[Public, No. 79.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Ninth Judicial Circuit.

Filling vacancy of judgeship in, authorized.

That the President is authorized, by and with the advice and consent of the Senate, to appoint a circuit judge to fill the vacancy in the United States Circuit Court of Appeals for the Ninth Judicial Circuit occasioned 311 by the death of Honorable William B. Gilbert. A vacany ¹¹ So in original. occurring

Vacancy hereafter to be filled.

Vol. 45, p. 1411.

at any time in the office of circuit judge referred to in this section is authorized to be filled.

Approved, June 16, 1933, 4 p.m.

To provide for the survival of certain actions in favor of the United States. Chapter 103 48 Stat. 311 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 103.]

AN ACT To provide for the survival of certain actions in favor of the United States.

June 16, 1933.

[S. 815.]

[Public, No. 80.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That no civil action

United States Courts.

Survival of civil actions for damages.

to recover damages, brought by the United States or in its behalf, or in which the United States shall be directly or indirectly interested, and pending against any defendant prior to the time of his death, in any court of the United States, shall abate by reason of the death of any such defendant; but any such action shall survive and

Rights against surviving defendant not affected.

be enforceable against the estate of any such deceased defendant. This Act shall not be construed to deprive the plaintiff in any such action of any remedy which he may have against a surviving defendant.

Approved, June 16, 1933, 4:15 p.m.

To amend Public Act Numbered 435 of the Seventy-second Congress, relating to sales of timber on Indian land. Chapter 104 48 Stat. 311 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 104.]

AN ACT To amend Public Act Numbered 435 of the Seventy-second Congress, relating to sales of timber on Indian land.

June 16, 1933.

[S. 1513.]

[Public, No. 81.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That Public Act

Timber sales, Indian lands.

Terms of existing contracts may be modified with consent of Indians.

Vol. 47, p. 1568.

Post, p. 397.

Provisos.

Klamath Indian Reservation, Oreg., excluded from provisions herein.

Time limitation.

Numbered 435 of the Seventy-second Congress entitled “An Act to authorize the Secretary of the Interior to modify the terms of existing contracts for the sale of timber on Indian land when it is in the interest of the Indians so to do” is hereby amended by adding to the first section thereof the following proviso: “Provided, That the restrictions as to reducing prices below the basic sales prices shall not apply to the Klamath Indian Reservation in Oregon: And provided further, That the authority granted herein shall terminate one year from the date of enactment of this Act.”

Approved, June 16, 1933, 5 p.m.

To legalize the manufacture, sale, or possession of 3.2 per centum beer in the State of Oklahoma when and if the same is legalized by a majority vote of the people of Oklahoma or by act of the Legislature of the State of Oklahoma. Chapter 105 48 Stat. 311 1933-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 105.]

AN ACT To legalize the manufacture, sale, or possession of 3.2 per centum beer in the State of Oklahoma when and if the same is legalized by a majority vote of the people of Oklahoma or by act of the Legislature of the State of Oklahoma.

June 16, 1933.

[H.R. 5690.]

[Public, No. 82.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the manufacture,

Oklahoma.

Sale of 3.2 beer in, legalized.

sale, and/or possession of 3.2 per centum beer is legalized in the State of Oklahoma when and if the same is legalized by a majority of the legal votes cast at an election held in said State, or by an act of the Legislature of the State of Oklahoma, and all Acts or parts of Acts in conflict therewith are hereby repealed.

Approved, June 16, 1933.

PUBLIC LAWS OF THE SEVENTY-THIRD CONGRESS

of the

UNITED STATES OF AMERICA

Passed at the second session, which was begun and held at the city of Washington, in the District of Columbia, on Wednesday, the third day of January, 1934, and was adjourned without day on Monday, the eighteenth day of June, 1934.Franklin D. Roosevelt, President; John N. Garner, Vice President; Key Pittman, President of the Senate pro tempore; Henry T. Rainey, Speaker of the House of Representatives. To raise revenue by taxing certain intoxicating liquors, and for other purposes. Chapter 1 48 Stat. 313 1934-01-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 1.]

AN ACT To raise revenue by taxing certain intoxicating liquors, and for other purposes.

January 11, 1934.

[H.R. 6131.]

[Public, No. 83.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Liquor Taxing Act of 1934.

<num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Section</inline> 1.</num> <content>This Act may be cited as the “<shortTitle role="act">Liquor Taxing Act of <sidenote>Citation of Act. Post, p. 538.</sidenote> 1934</shortTitle>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2.</num> <content>Paragraphs (3) and (4) of subdivision (a) of section 600 <sidenote>Distilled spirits for beverage purposes. Vol. 40, p. 1105; Vol. 44, p. 104. <ref href="/us/usc/p609">U.S.C., Supp. VII, p. 609</ref>.</sidenote> of the Revenue Act of 1918, as amended (relating to the tax on distilled spirits generally and the tax on distilled spirits diverted for beverage purposes) [U.S.C., Sup. VI, title 26, sec. 1150 (a) (1) and (2)], are amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3)</num> <content>On and after January 1, 1928, and until the effective date of <sidenote>Existing tax rate continued until effective date of this title.</sidenote> Title I of the Liquor Taxing Act of 1934, $1.10 on each proof gallon or wine gallon when below proof and a proportionate tax at a like rate on all fractional parts of such proof or wine gallon; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4)</num> <content>On and after the effective date of Title I of the Liquor Taxing <sidenote>New rates.</sidenote> Act of 1934, $2.00 on each proof gallon or wine gallon when below proof and a proportionate tax at a like rate on all fractional parts of such proof or wine gallon.”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3.</num> <content>Subdivision (c) of section 600 of the Revenue Act of 1918 <sidenote>Imported perfumes, containing distilled spirits. Vol. 40, p. 1106; <ref href="/us/usc/p626">U.S.C., Supp. VII, p. 626</ref>.</sidenote> (relating to the internal-revenue tax on imported perfumes containing distilled spirit) [U.S.C., Sup. VI, title 26, sec. 1150 (a) (4)], is amended by striking out “<quotedText>$1.10 per wine gallon</quotedText>” and inserting in lieu thereof “<quotedText>$2.00 per wine gallon</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Sec</inline>. 4.</num> <content>In lieu of the rate of drawback provided in section 3329 <sidenote>Drawback on exported distilled spirits. <ref href="/us/rs/s3329/p647">R.S., sec. 3329, p. 647</ref>; <ref href="/us/usc/p626">U.S.C., Supp. VII, p. 626</ref>.</sidenote> of the Revised Statutes, as amended [U.S.C., Sup. VI, title 26, sec. 1239], the rate of drawback allowed upon the exportation of distilled spirits exported on or after the effective date of this title shall be equal to the rate of the internal-revenue tax paid in respect of the distilled spirits exported but shall not exceed a rate of $2.00 per proof gallon.</content> </section> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec</inline>. 5.</num> <content>Section 3309 of the Revised Statutes, as amended (relating <sidenote>Assessment for deficiencies in spirits production. <ref href="/us/rs/s3309/p641">R.S., sec. 3309, p. 641</ref>; <ref href="/us/usc/p619">U.S.C., Supp. VII, p. 619</ref>.</sidenote> to the tax on deficiencies in distilled spirits production) [U.S.C., Sup. VI, title 26, sec. 1197], is amended by striking out “<quotedText>at the rate of $1.10</quotedText>” wherever such phrase appears and inserting in lieu thereof “<quotedText>at the rate of tax imposed by law</quotedText>”.<page identifier="/us/stat/48/313" renderingPosition="bottom">313</page></content> </section> <page identifier="/us/stat/48/314">314</page> <section class="firstIndent1 fontsize10"> <num value="6"><inline class="smallCaps">Sec</inline>. 6.</num><sidenote>Still wines. Vol. 40, p. 1110; Vol. 45, p. 868; <ref href="/us/usc/p633">U.S.C., Supp. VII, p. 633</ref>.</sidenote> <content class="inline">So much of section 611 of the Revenue Act of 1918, as amended (relating to the tax on still wines) [U.S.C., Sup. VI, title 26, sec. 1300 (a) (1)], as reads: <quotedContent> “On wines containing not more than 14 per centum of absolute alcohol, 4 cents per wine gallon, the per centum of alcohol taxable under this section to be reckoned by volume and not by weight; “On wines containing more than 14 per centum and not exceeding 21 per centum of absolute alcohol, 10 cents per wine gallon; “On wines containing more than 21 per centum and not exceeding 24 per centum of absolute alcohol, 25 cents per wine gallon; “All such wines containing more than 24 per centum of absolute alcohol by volume shall be classed as distilled spirits and shall pay tax accordingly.” </quotedContent> is amended to read as follows: <quotedContent> “On wines containing not more than 14 per centum of absolute alcohol, 10 cents per wine gallon, the per centum of alcohol under this section to be reckoned by volume and not by weight; “On wines containing more than 14 per centum and not exceeding 21 per centum of absolute alcohol, 20 cents per wine gallon; “On wines containing more than 21 per centum and not exceeding 24 per centum of absolute alcohol, 40 cents per wine gallon; <sidenote>Classed as distilled spirits, if over 24% alcohol. Post, p. 315.</sidenote> “All such wines containing more than 24 per centum of absolute alcohol by volume shall be classed as distilled spirits and shall be taxed accordingly.” </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="7"><inline class="smallCaps">Sec</inline>. 7.</num><sidenote>Sparkling wines, etc. Vol. 40, p. 1110; Vol. 41, p. 521; <ref href="/us/usc/p633">U.S.C., Supp. VII, p. 633</ref>.</sidenote> <content class="inline">So much of section 613 of the Revenue Act of 1918 [U.S.C., Sup. VI, title 26, sec. 1300 (a) (2)] as reads: <quotedContent> “On each bottle or other container of champagne or sparkling wine, 12 cents on each one-half pint or fraction thereof; “On each bottle or other container of artificially carbonated wine, 6 cents on each one-half pint or fraction thereof; “On each bottle or other container of liqueurs, cordials, or similar compounds, by whatever name sold or offered for sale, containing sweet wine fortified with grape brandy, 6 cents on each one-half pint or fraction thereof.” </quotedContent> is amended to read as follows: <quotedContent> “On each bottle or other container of champagne or sparkling wine, 5 cents on each one-half pint or fraction thereof; “On each bottle or other container of artificially carbonated wine, 2½ cents on each one-half pint or fraction thereof; “On each bottle or other container of liqueurs, cordials, or similar compounds, by whatever name sold or offered for sale, containing sweet wine fortified with grape brandy, 2½ cents on each one-half pint or fraction thereof; “Any of the foregoing articles containing more than 24 per centum of absolute alcohol by volume shall be classed as distilled spirits and shall be taxed accordingly.” </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="8"><inline class="smallCaps">Sec</inline>. 8.</num><sidenote>Grape brandy, etc., for wine fortification. Vol. 40, p. 1110; <ref href="/us/usc/p633">U.S.C., Supp. VII. p. 633</ref>.</sidenote> <content class="inline">Section 612 of the Revenue Act of 1918, as amended (relating to the tax on grape brandy and wine spirits withdrawn and used in the fortification of wines) [U.S.C., Sup. VI, title 26, sec. 1301], is amended by striking out “<quotedText>10 cents per proof gallon</quotedText>” and inserting in lieu thereof “<quotedText>20 cents per proof gallon</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="9"><inline class="smallCaps">Sec</inline>. 9.</num> <subsection class="inline"> <num value="a">(a)</num><sidenote>Malt liquors, etc. Vol. 40, p. 1109; <ref href="/us/usc/p636">U.S.C., Supp. VII, p. 636</ref>.</sidenote> <content class="inline">Section 608 of the Revenue Act of 1918, as amended (relating to the tax on malt liquors) [U.S.C., Sup. VI, title 26, sec. 1330 (a)], is amended by striking out “<quotedText>a tax of $6.00</quotedText>” and inserting in lieu thereof “<quotedText>a tax of $5.00</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num><sidenote>Tax on nonintoxicating liquor.</sidenote> <content class="inline">Subsection (a) of section 1 of the Act entitled “An Act to provide revenue by the taxation of certain nonintoxicating liquor, <page identifier="/us/stat/48/315">315</page> and for other purposes”, approved March 22, 1933, is hereby <sidenote>Ante, p. 16.</sidenote> repealed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>Paragraph “First” of section 3244 of the Revised Statutes, <sidenote>Occupational tax amendment. <ref href="/us/rs/s3244">R.S., sec. 3244</ref>, p. 622; <ref href="/us/usc/p740">U.S.C., p. 740</ref>. Brewers’ tax. Ante, p. 16.</sidenote> as amended, is amended to read as follows: <quotedContent> <level> <num value="1">“First.</num> <content>Brewers shall pay $100 in respect of each brewery: <proviso>Provided, That any brewer of less than 500 barrels a year shall pay the sum of $50. Every person who manufactures fermented liquors <sidenote>Proviso. “Brewer,” defined.</sidenote> of any name or description for sale, from malt, wholly or in part, or from any substitute therefor, shall be deemed a brewer.”</proviso></content> </level> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="10"><inline class="smallCaps">Sec</inline>. 10.</num> <subsection class="inline"> <num value="a">(a)</num> <content>Upon all distilled spirits produced in or imported <sidenote>Floor taxes. Distilled spirits.</sidenote> into the United States upon which the internal-revenue tax imposed by law has been paid, and which, on the day this title takes effect, are held by any person and intended for sale or for use in the manufacture or production of any article intended for sale, there shall be levied, assessed, collected, and paid a floor tax equal to the amount if any, by which the tax provided for under this title exceeds the tax so paid, not including in the computation of the tax so paid the 30 cent tax imposed by section 605 of the Revenue Act of 1918.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Upon all articles specified in section 6 or 7 of this title produced <sidenote>Wines, etc. Ante, p. 314.</sidenote> in or imported into the United States upon which the internal-revenue tax imposed by law has been paid, and which, on the day this title takes effect, are held by any person and intended for sale or for use in the manufacture or production of any article intended for sale, there shall be levied, assessed, collected, and paid a floor tax equal to the amount, if any, by which the tax provided for under such sections of this title exceeds the tax so paid, not including in the computation of the tax so paid the 30 cent tax imposed by section 605 of the Revenue Act of 1918.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>Upon all wines held by the producer thereof upon the day this <sidenote>Grape brandy for fortifying wines.</sidenote> title takes effect and intended for sale or for use in the manufacture or production of any article intended for sale, there shall be levied, assessed, collected, and paid a floor tax equal to the amount, if any, by which the tax provided for under section 8 of this title exceeds the tax paid upon the grape brandy or wine spirits used in the fortification of such wine.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>The person required by this section to pay any floor tax shall, <sidenote>Assessment and collection provisions.</sidenote> within thirty days after the effective date of this title, make return under oath in such form and under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe. Payment of the tax shown to be due may be extended to a date not exceeding seven months after the effective date of this title, upon the filing of a bond for payment in such form and amount and with such sureties as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. All provisions of law (including penalties) applicable in respect of internal-revenue taxes on distilled spirits or wines shall, in so far as applicable and not inconsistent with this section, be applicable in respect of the taxes imposed by this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num> <content>As used in this section and in Title II, the term “person” <sidenote>Terms defined. “Person”; “distilled spirits.”</sidenote> includes an individual, a partnership, an association, and a corporation; and the term “distilled spirits” includes products produced in <sidenote>Rectifier. <ref href="/us/rs/s3244/p622">R.S., sec. 3244, p. 622</ref>.</sidenote> such manner that the person producing them is a rectifier within the meaning of section 3244 of the Revised Statutes, as amended.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="11"><inline class="smallCaps">Sec</inline>. 11.</num> <content>As used in this Act, the term “internal-revenue taxes” <sidenote>Taxes under Agricultural Adjustment Act, not included herein.</sidenote> does not include taxes imposed under the Agricultural Adjustment Act.</content> </section> <page identifier="/us/stat/48/316">316</page> <section class="firstIndent1 fontsize10"> <num value="12"><inline class="smallCaps">Sec</inline>. 12.</num><sidenote>Advertisements, etc., by mail; provisions repealed. Vol. 39, p. 1069; <ref href="/us/usc/p488">U.S.C., p. 488; Supp. VII, p. 350</ref>. Ante, p. 17. Shipments, etc., of, contrary to State, etc., laws; punishment for.</sidenote> <content class="inline">That section 5 of the Act entitled “An Act making appropriations for the Post Office Department for the year ending June 30, 1918”, approved March 3, 1917, as amended, is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="5">“<inline class="smallCaps">Sec</inline>. 5.</num> <content>Whoever shall order, purchase, or cause intoxicating liquors to be transported in interstate commerce, except for scientific, sacramental, medicinal, and mechanical purposes, into any State, Territory, or the District of Columbia, the laws of which prohibit the manufacture or sale therein of intoxicating liquors for beverage purposes, shall be fined not more than $1,000 or imprisoned not more than six months, or both; and for any subsequent offense shall be imprisoned not more than one year.”</content> </section> </quotedContent> <sidenote>Ethyl alcohol for Government, etc., use. Vol. 40, p. 329.</sidenote> Nothing in this Act shall be construed to amend or repeal any provision of section 1110 of the Revenue Act of 1917. </content> </section> <section class="firstIndent1 fontsize10"> <num value="13"><inline class="smallCaps">Sec</inline>. 13.</num><sidenote>Effective date of title.</sidenote> <content class="inline">This title shall take effect on the day following its enactment.</content> </section> <num value="II"><sidenote>Internal revenue.</sidenote> TITLE II</num> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201.</num> <chapeau><sidenote>Affixing tax-paid stamps to containers.</sidenote> No person shall (except as provided in section 202) transport, possess, buy, sell, or transfer any distilled spirits, unless the immediate container thereof has affixed thereto a stamp denoting the quantity of distilled spirits contained therein and evidencing <sidenote>Exceptions.</sidenote> payment of all internal-revenue taxes imposed on such spirits. The provisions of this title shall not apply to—</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a)</num> <content>Distilled spirits placed in a container for immediate consumption on the premises or for preparation for such consumption;</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b)</num> <content>Distilled spirits in bond or in customs custody;</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c)</num> <content>Distilled spirits in immediate containers required to be stamped under existing law;</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d)</num> <content>Distilled spirits in actual process of rectification, blending, or bottling, or in actual use in processes of manufacture;</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e)</num> <content>Distilled spirits on which no internal-revenue tax is required to be paid;</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f)</num> <content>Distilled spirits not intended for sale or for use in the manufacture or production of any article intended for sale; or</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g)</num> <content>Any regularly established common carrier receiving, transporting, delivering, or holding for transportation or delivery distilled spirits in the ordinary course of its business as a common carrier.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202.</num><sidenote>Stamps on present stock.</sidenote> <content class="inline">Every person who, on the effective date of this title, holds for sale (or use in the manufacture or production of an article intended for sale) any distilled spirits in containers required to be stamped by section 201, on which all internal-revenue taxes have been paid, may possess such spirits, but shall, not later than the tenth day after such date, apply for, and shall be sold (in accordance with section 203) the requisite stamps. Such stamps shall be promptly affixed to the immediate containers of such spirits, except that when such spirits contained in bottles in closed cases are held for sale or sold otherwise than at retail, such stamps need not be affixed until the cases are opened or sold at retail, when such stamps shall be immediately affixed to the bottles, but such stamps shall be sold or transferred in connection with any sale or transfer of such spirits and the person in possession of such spirits shall be in possession of such stamps therefor.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203.</num><sidenote>Purchase and issue of stamps.</sidenote> <content class="inline">Any person placing or intending to place any distilled spirits upon which all internal-revenue taxes have been paid into any container upon which a stamp is required by this title, or withdrawing or intending to withdraw any imported spirits in such containers from customs custody, shall be entitled to purchase sufficient stamps for stamping such containers. Such stamps shall be <page identifier="/us/stat/48/317">317</page> issued by the Commissioner of Internal Revenue to each Collector of Internal Revenue, upon his requisition, in such numbers as may be necessary in his district, and shall be sold by the Collectors to persons entitled thereto upon application therefor and compliance with regulations under this title, at a price of 1 cent for each stamp, except that in the case of stamps for containers of less than one half pint the price shall be one quarter of 1 cent for each stamp. When in his judgment there is no danger to the revenue, and upon the giving of such bonds or other security as he may deem necessary, the Commissioner may authorize (1) the sale prior to the effective date of this title of such stamps and (2) the sale of such stamps to importers for stamping containers in the country from which imported.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204.</num> <content>Every person emptying any container stamped under the <sidenote>Defacing stamps.</sidenote> provisions of this title shall at the time of emptying such container destroy the stamp thereon.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205.</num> <content>The Commissioner, with the approval of the Secretary <sidenote>Regulations to be prescribed.</sidenote> of the Treasury, shall prescribe (a) regulations with respect to the time and manner of applying for, issuing, affixing, and destroying stamps required by this title, the form and denominations of such stamps, proof that applicants are entitled to such stamps, and the method of accounting for receipts from the sale of such stamps, and (b) such other regulations as he shall deem necessary for the enforcement of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206.</num> <content>All distilled spirits found in any container required to <sidenote>Forfeiture of spirits, unstamped container.</sidenote> bear a stamp by this title, which container is not stamped in compliance with this title and regulations issued thereunder, shall be forfeited to the United States. Distilled spirits placed in such <sidenote>Existing stock.</sidenote> containers prior to the effective date of this title shall not be subject to this section until the expiration of 10 days after the effective date of this title, nor (when it is established that application for stamps therefor was made within the proper time) until such stamps are received by the applicant.</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207.</num> <content>Any person who violates any provision of this title, <sidenote>Violations and penalties. Counterfeiting, etc., stamps.</sidenote> or who, with intent to defraud, falsely makes, forges, alters, or counterfeits any stamp made or used under this title, or who uses, sells, or has in his possession any such forged, altered, or counterfeited stamp, or any plate or die used or which may be used in the manufacture thereof, or any stamp required to be destroyed by this <sidenote>Reuse or misuse.</sidenote> title, or who makes, uses, sells, or has in his possession any paper in imitation of the paper used in the manufacture of any such stamp, or who reuses any stamp required to be destroyed by this title, or who places any distilled spirits in any bottle which has been filled and stamped under this title without destroying the stamp previously affixed to such bottle, or who affixes any stamp issued under this title to any container of distilled spirits on which any tax due is unpaid, or who makes any false statement in any application for stamps <sidenote>Ante, p. 316.</sidenote> under this title, or who has in his possession any such stamps obtained by him otherwise than as provided in sections 202 and 203, or who sells or transfers any such stamp otherwise than as provided in section 202, shall on conviction be punished by a fine not exceeding $1,000, or by imprisonment at hard labor not exceeding five years, or by both. Any officer authorized to enforce any provisions of law <sidenote>Enforcement.</sidenote> relating to internal revenue stamps is authorized to enforce the provisions of this section and the provisions of section 7 of the <sidenote>Vol. 29, p. 628. <ref href="/us/usc/p767">U.S.C., p. 767</ref>.</sidenote> Act of March 3, 1897, relating to the bottling of distilled spirits in bond.</content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208.</num> <content>This title shall take effect on the thirtieth day following <sidenote>Effective date of title.</sidenote> the date of the enactment of this Act, except that if on or before the twentieth day following the date of the enactment of this Act <page identifier="/us/stat/48/318">318</page> the Secretary of the Treasury finds that it is impracticable to put this title into effect on the thirtieth day following the date of the enactment of this Act and so proclaims, specifying the date, not later than the sixtieth day following the date of the enactment of this Act, on which it will be practicable to put this title into effect, this <sidenote>Effective date of designated sections.</sidenote> title shall take effect on the date specified in such proclamation. Notwithstanding the previous provisions of this section, this section and sections 202, 203, and 205 shall take effect on the date of the enactment of this Act.</content> </section> Approved, January 11, 1934, 11.50 p.m.

To provide for certain expenses incident to the second session of the Seventy-third Congress. Chapter 2 48 Stat. 318 1934-01-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 2.]

JOINT RESOLUTION To provide for certain expenses incident to the second session of the Seventy-third Congress.

January 18, 1934.

[H.J. Res. 228.]

[Pub. Res., No. 12.]

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

Appropriations for certain legislative expenses, second session, Seventy-third Congress.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the payment of certain expenses incident to the second session of the Seventy-third Congress, namely:

Senate.

SENATE

Mileage.

For mileage of Senators, $38,250.

House of Representatives.

HOUSE OF REPRESENTATIVES

Mileage, etc.

For mileage of Representatives, the Delegate from Hawaii, and the Resident Commissioner from Puerto Rico, and for expenses of the Delegate from Alaska and the Resident Commissioners from the Philippine Islands, $131,250.

Stationery.

For stationery for Representatives, Delegates, and Resident Commissioners, including $4,400 for stationery for the use of the committees and officers of the House, $44,000, to be available for

Limitations waived.

Vol. 47. p. 408.

Ante, p. 13.

expenditure notwithstanding the provisions of section 304 of the Act of June 30, 1932 (47 Stat. 408), as continued and made applicable to the fiscal year 1934 by section 4 (a), Title II, of the Act

Proviso.

Stationery allowance.

of March 20, 1933 (48 Stat. 13): Provided, That from such sum each Representative, Delegate, and Resident Commissioner shall be allowed $90 for stationery allowance or commutation therefor.

Approved, January 18, 1934.

To continue the functions of the Reconstruction Finance Corporation, to provide additional funds for the Corporation, and for other purposes. Chapter 3 48 Stat. 318 1934-01-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 3.]

AN ACT To continue the functions of the Reconstruction Finance Corporation, to provide additional funds for the Corporation, and for other purposes.

January 20, 1934.

[S. 2125.]

[Public, No. 84.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Reconstruction Finance Corporation.

Functions, etc., continued.

Vol. 47, p. 5.

That until February 1, 1935, or such earlier date as the President may fix by proclamation, the Reconstruction Finance Corporation is hereby authorized to continue to perform all functions which it is authorized to perform

Liquidation, etc., postponed.

Vol. 47, p. 10.

under existing law, and the liquidation and winding up of its affairs as provided for by section 13 of the Reconstruction Finance Corporation Act, as amended, are hereby postponed during the period that the functions of the Corporation are continued pursuant to this Act.

319

Sec. 2. No funds shall be disbursed on any commitment or agreement

No disbursement on any loan commitment, etc., after one year.

to make a loan or advance hereafter made by the Reconstruction Finance Corporation after the expiration of one year from the date of such commitment or agreement; but within the period of such one-year limitation no provision of law terminating any of the

Prior agreements not affected.

functions of the Reconstruction Finance Corporation shall be construed to prohibit disbursement of funds on prior commitments or agreements to make loans or advances.

Sec. 3. The amount of notes, debentures, and bonds or other such

Corporation notes, etc., increased.

Ante, p. 50.

Vol. 47, p. 9.

obligations which the Reconstruction Finance Corporation is authorized and empowered to have outstanding at any one time pursuant to section 9 of the Reconstruction Finance Corporation Act, as amended, is hereby increased by $850,000,000.

Approved, January 20, 1934.

To control the manufacture, transportation, possession, and sale of alcoholic beverages in the District of Columbia. Chapter 4 48 Stat. 319 1934-01-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 4.]

AN ACT To control the manufacture, transportation, possession, and sale of alcoholic beverages in the District of Columbia.

January 24, 1934.

[H. R. 6181.]

[Public, No. 85.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia Alcoholic Beverage Control Act.

Post, p. 349.

National Prohibition Act; certain limitations not to apply hereunder.

Vol. 41, pp. 309, 319; U.S.C., pp. 854, 861.

That the National Prohibition Act, as amended and supplemented, insofar as it affects the manufacture, sale, and possession in the District of Columbia, and the transportation in, into, and from the District of Columbia, of alcoholic beverages, is hereby repealed, with the exception of title III, and section 4 of title II insofar as it affects denatured alcohol.

Sec. 2. This Act may be cited as the “District of Columbia Alcoholic

Title.

Beverage Control Act.” It shall apply only to the District

Territory embraced.

of Columbia and shall not authorize the delivery of alcoholic beverages outside of the District of Columbia in violation of the law of the place of delivery.

Sec. 3. In the interpretation of this Act, unless the context indicates

Definitions.

a different meaning: (a) The word “alcohol” means ethyl alcohol, hydrated oxide of

“Alcohol.”

ethyl, or spirit of wine, from whatever source or by whatever processes produced. (b) The word “spirits” means any beverage which contains

“Spirits.”

alcohol obtained by distillation mixed with drinkable water and other substances in solution, including brandy, rum, whisky, cordials, and gin. (c) The word “wine” means the product of the normal alcoholic

“Wine.”

fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne,

U.S.C., p. 768.

sparkling, artificially carbonated and fortified wine. No other product obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar shall be called “wine” unless designated by appropriate prefix descriptions of the fruit or other product from which the same was predominently produced, or as artificial or imitation wine. Light wines shall mean wines containing 14 per centum or less of alcohol by volume, other than champagne. (d) The word “beer” means any fermented beverages of any

“Beer.”

name or description manufactured from malt, wholly or in part, or from any substitute therefor. 320 (e)

“Alcoholic beverage”, etc.

The words “alcoholic beverage” or “beverage” include the four varieties of liquor above defined (alcohol, spirits, wine, and beer) and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human

Containing more than one of foregoing ingredients.

being. Any liquid or solid containing more than one of the four varieties above defined is considered as belonging to that variety which has the higher percentage of alcohol, according to the order in which they are above defined, except as provided in subsection (c) hereof. The provisions of this section and of this Act shall not apply

Less than one half of 1 percent excluded.

to any liquid or solid containing less than one half of 1 per centum of alcohol by volume, nor shall anything contained in this Act be

Apple cider.

construed as affecting the manufacture of apple cider or the sale thereof. (f)

“Board.”

The word “Board” shall mean the Alcoholic Beverage Control Board created by this Act. (g)

“Club.”

The word “club” means a corporation for the promotion of some common object (not including corporations organized for any commercial or business purpose, the object of which is money profit), owning, hiring, or leasing a building or space in a building of such extent and character as in the judgment of the Board may be suitable and adequate for the reasonable and comfortable use and accommodations of its members and their guests, and including such space outside of the building and adjoining it as may be approved by the Board, and provided with such suitable and adequate kitchen and dining room space and equipment, implements, and facilities, and employing such a sufficient number of employees for cooking, preparing, and serving meals for its members and their guests, as shall satisfy the Board that the sale of beverages intended is not more than an incident to and is not the prime source of revenue from such space; and the affairs and management of such corporation are conducted by a board of directors, executive committee, or similar body chosen by the members at least once each calendar year and no officer, agent, or employee of the club is paid directly or indirectly, or receives in the form of salary or other compensation, any profit from the disposition or sale of beverages to the club or to the members of the club or guests introduced by members, beyond the amount of such salary as may be fixed and voted by the members, or by its directors, or other governing body. (h)

“Commissioners.”

The word “Commissioners” shall mean the Commissioners of the District of Columbia. (i)

“District.”

The word “District” shall mean the District of Columbia. (j)

“Hotel”; to contain 30 or more rooms, etc.

The word “hotel” means a suitable building or other structure, approved by the Board, including such suitable space outside of the building and adjoining it as may be approved by the Board, kept, used, maintained, advertised, or held out to the public to be a place where meals are served and sleeping accommodations offered for pay to transient guests; in which thirty or more rooms are used for the sleeping accommodations of such transient guests, and having one or more dining rooms where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in the same building or in connecting buildings, and such building or buildings, structure or structures being provided with such adequate kitchen and dining room equipment and capacity and having employed therein such number and kinds of employees for preparing, cooking, and serving meals for its guests as shall satisfy the Board that such dining room is intended for use primarily as a place for preparing, cooking, and serving meals and that the chief source of revenue to be derived from the operation of such dining 321 room shall be from the preparation, cooking, and serving of meals and not from the sale of beverages. No such dining room shall be

Dining room restrictions.

considered suitable if any business is conducted therein other than the preparation, cooking, and serving of meals, except such a business as is incidental to a bona fide dining room. (k) The word “manufacture” shall include rectification.

“Manufacture.”

(l) The word “meals” means the usual assortment of foods commonly

“Meals.”

ordered at various hours of the day; and such food and victuals as sandwiches and salads shall not be regarded as a “meal.” (m) The word “person” includes an individual, partnership,

“Person.”

corporation, and association. (n) The word “restaurant” means a suitable space in a suitable

“Restaurant.”

building, approved by the Board, including such suitable space outside of the building and adjoining it as may be approved by the Board, kept, used, maintained, advertised, or held out to the public to be a place where meals are served, such space being provided with such adequate kitchen and dining room equipment and capacity, and having employed therein such number and kinds of employees for preparing, cooking, and serving meals for its guests as shall satisfy the Board that such space is intended for use primarily as a place for preparing, cooking, and serving meals, and that the chief source of revenue to be derived from the operation of such place shall be from the preparation, cooking, and serving of meals and not from

Restrictions.

the sale of beverages. No such space shall be considered suitable if any business is conducted therein other than the preparation, cooking, and serving of meals, except such a business as is incidental to a bona fide restaurant. (o) The word “sell” or “sale” shall include offering for sale,

“Sell” or “sale.”

keeping for sale, trafficking in, bartering, delivering for value, exchanging for goods, or in any way other than purely gratuitously, and every delivery of any alcoholic beverage made otherwise than by purely gratuitous title shall constitute a sale. (p) The word “table” shall not include a counter, bar, or similar

“Table.”

contrivance. (q) The word “tavern” means a suitable space in a suitable

“Tavern.”

building approved by the Board, including such suitable space outside of the building and adjoining it, as may be approved by the Board, kept, used, maintained, advertised, or held out to the public to be a place where sandwiches or light lunches are prepared and served for consumption on the premises in such quantities as to satisfy the Board that the sale of beer intended is no more than an incident to and is not the prime source of revenue of such “tavern.”

Sec. 4. The Commissioners of the District of Columbia, within

Alcoholic Beverage Control Board appointed.

fifteen days after the approval of this Act, shall appoint a Board of three persons, subject to removal by the Commissioners, to be called the “Alcoholic Beverage Control Board”, each of the members

Qualifications, tenure of office, etc.

of which shall be a citizen of the United States and a resident of the District of Columbia for at least three years immediately preceding his appointment and have during that period claimed residence nowhere else. Of the three persons first appointed as members of said Board, one shall be appointed for two years, one for three years and one for four years, and thereafter all appointments shall be for the term of four years, except such appointments as may be made for the remainder of unexpired terms. Vacancies caused by death, resignation or otherwise shall be filled by the Commissioners only for the unexpired terms. Members shall be eligible for reappointment. The Commissioners shall designate one of the members of

Chairman.

the Board to be chairman thereof. The salary of each of the members

Salaries, etc.

of the Board shall be $5,000 per annum. The Commissioners 322

Personnel; salaries under Classification Act.

are authorized to employ such other personal services, including three additional assistant corporation counsel, as may be necessary to carry out the provisions of this Act, and to provide for the expenses of the Board. The salaries of employees, other than members of

U.S.C., p. 65; Supp. VII, p. 34.

the Board, shall be fixed in accordance with the provisions of the Classification Act of 1923, as amended. The Commissioners shall include in their annual estimates such amounts as may be required for the salaries and expenses herein authorized.

Sec. 5.

Interest in alcoholic beverages restricted.

No member or employee of the Board, directly or indirectly, individually, or as a member of a partnership or association, or stockholder in a corporation shall have any interest whatsoever in dealing in, manufacturing, transporting, or storing alcoholic beverages, nor receive any commission or profit whatsoever from any person authorized by virtue of this Act to manufacture or sell alcoholic beverages. No provision of this section, however, shall prevent any such member or such employee from purchasing, transporting, and keeping in his possession any alcoholic beverage for the personal use of himself or members of his family or guests.

Sec. 6.

Revocation, etc., of licenses.

The right, power, and jurisdiction to issue, transfer, and revoke all licenses under this Act shall be vested solely in the Board, and the action of the Board on any question of fact shall be final and conclusive; except that, in case a license is revoked by the

Appeals allowed.

Board, the licensee may, within ten days after the order of revocation is entered, appeal in writing to the Commissioners to review said action of the Board, the hearings on said appeal to be submitted either orally or in writing at the discretion of the Commissioners, and the Commissioners shall not be required to take evidence, either oral,

License suspended pending appeal.

written, or documentary. The decision of the Commissioners on any question of fact involved in such appeal shall be final and conclusive. Pending such appeal the license shall stand suspended unless the Commissioners shall otherwise order.

Additional powers, duties, etc.

Said Board shall have such other authority and perform such other duties as the Commissioners may, by regulation, prescribe.

Sec. 7.

Rules, etc., to be prescribed.

The Commissioners are hereby authorized to prescribe such rules and regulations not inconsistent with this Act as they may deem necessary to carry out the purposes thereof and to control and regulate the manufacture, sale, keeping for sale, offer for sale, solicitation of orders for sale, importation, exportation, and transportation of alcoholic beverages in the District of Columbia for the protection of the public health, comfort, safety, and morals.

Licenses, etc.

The Commissioners shall have specific authority to make rules and regulations for the issuance, transfer, and revocation of licenses; to facilitate and insure the collection of taxes; to govern the operation of the business of licensees, with full power and authority to prescribe the terms and conditions under which alcoholic beverages may be sold by each class of licensees; to forbid the issuance of licenses for manufacture, sale, or storage of alcoholic beverages in such localities in, and such sections and portions of, the District of Columbia

Limitations; number, locality, etc.

as they may deem proper in the public interest; to limit the number of licenses of each class to be issued in the District of Columbia and to limit the number of licenses of each class in any locality in, or sections or portions of, the District of Columbia as they may deem proper in the public interest; to forbid the issuance of licenses for businesses conducted on such premises as they, in the public interest, may deem inappropriate; to forbid the issuance of any class or classes of licenses for businesses established subsequent to the date of enactment of this Act near or around schools, colleges, universities, churches, or public institutions, to prescribe the hours during which 323 beverages may be sold and to forbid the sale on Sundays; but the

Sunday sales.

Commissioners shall not authorize the sale by any licensee, other than the holder of a retailer’s license, class E, of any beverages on Sundays other than light wines and beer, and any such sale is hereby prohibited. The powers and authorities expressly enumerated are

Additional powers hereby vested.

to be construed as in addition to, and not by way of limitation of, the general powers herein granted. Different regulations may be prescribed for the different classes of licenses, for the different classes of beverages, and for different localities in or sections or portions of the District of Columbia.

Any regulations promulgated hereunder shall become effective five

Effective date of regulations.

days after being published in any daily newspaper of general circulation in the District of Columbia. Such regulations may be altered or amended from time to time as the Commissioners may deem desirable. The Commissioners shall also have authority in

Emergency exceptions.

any time of public emergency, without previous notice or advertisement, to prohibit the sale of any or all beverages during the period of such emergency.

Sec. 8. No provision of this Act shall apply to alcohol intended

Alcohol for nonbeverage purposes.

for use in the manufacture and sale of any of the following when they are unfit for beverage purposes, namely: (a) Denatured alcohol produced and used pursuant to Acts of Congress and regulations promulgated thereunder; (b) Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations; (c) Flavoring extracts, syrups, and food products; (d) Scientific, chemical, mechanical, and industrial products. Any person who shall knowingly sell any of the products enumerated

Penalty for unlawful sales.

in paragraphs (a), (b), (c), or (d), for beverage purposes, or who shall sell any of the same under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purposes, shall be subject to the penalties provided for in

Post, p. 336.

section 33 of this Act.

Sec. 9. (a) No individual, partnership, association, or corporation

Licenses.

Manufacture, sale, etc., without, forbidden.

Exception.

Post, p. 335.

shall, within the District of Columbia, manufacture for sale, keep for sale, or sell any alcoholic beverage without having first obtained a license under this Act for such manufacture or sale, except as provided in sections 31 and 32 hereof. (b)

No individual shall, within the District of Columbia, offer

Solicitor to obtain, regardless of place of sale.

Post, p. 327.

for sale or solicit any order for the sale of any alcoholic beverage, irrespective of whether such sale is to be made within or without the District of Columbia, unless such individual has first obtained a license of the character described in section 11, subsection (k).

Nothing in this subsection shall apply to any offer for sale or

“On premises” excepted.

solicitation made upon the premises designated in the license of the vendor.

No individual shall within the District of Columbia offer any

Trading with a non-licensee forbidden.

beverage for sale to, or solicit orders for the sale of any beverage from, any person not a licensee under this Act, irrespective of whether such sale is to be made within or without the District of Columbia.

Physician.

fide patient in cases of actual need when, in the judgment of the physician, the use of alcoholic beverages is necessary. (d) A dentist who deems it necessary that a bona fide patient

Dentist.

being then under treatment by him is in actual need of and should be supplied with alcoholic beverages as a stimulant or restorative, may administer to the patient alcoholic beverages. 324 (e)

Veterinarian.

A veterinarian who deems it necessary may, in the course of his practice, administer or cause to be administered alcoholic beverages to a dumb animal. (f)

Hospital, etc.

A person in charge of an institution regularly conducted as a hospital or sanatorium for the care of persons in ill health, or as a home devoted exclusively to the care of aged people, may administer or cause to be administered alcoholic beverages to any bona fide patient or inmate of the institution who is in need of the same, either by way of external application or otherwise for emergency medicinal purposes, and may charge for the alcoholic beverages so administered.

Sec. 10.

Licenses, to whom may be issued.

The Board is authorized to issue licenses to individuals, partnerships, or corporations, but not to unincorporated associations, on application duly made therefor, for the manufacture, sale, offer

Records of applications for.

for sale or solicitation of orders for sale of alcoholic beverages within the District of Columbia. The Board shall keep a full record of all applications for licenses, and of all recommendations for and remonstrances against the granting of licenses and of the action taken thereon.

Sec. 11.

License classifications.

Licenses issued under authority of this Act shall be of eleven kinds: (a)

Manufacturer’s, class A.

Manufacturer’s license, class a.— To operate a rectifying plant, a distillery, or a winery. Such a license shall authorize the holder thereof to operate a rectifying plant for the manufacture of the products of rectification by purifying or combining alcohol, spirits, wine, or beer; a distillery for the manufacture of alcohol or spirits by distillation or redistillation; or a winery for the manufacture of wine; at the place therein described, but such license shall not authorize more than one of said activities, namely, that of a rectifying plant, a distillery or a winery, and a separate license

Separate license for each plant.

Further provisions.

shall be required for each such plant. Such a license shall also authorize the sale from the licensed place of the products manufactured under such license by the licensee to another license holder for resale or to a dealer outside of the District of Columbia for resale. It shall not authorize the sale of beverages to any other person except as may be provided by regulations promulgated by

Annual fee.

the Commissioners under this Act. The annual fee for such license for a rectifying plant shall be $3,500; for a distillery shall be $3,500;

Proviso.

Nonbeverage distillery.

and for a winery shall be $500: Provided, however, That if a manufacturer shall operate a distillery only for the manufacture of alcohol

If 50% or more alcohol is sold for beverage purposes.

and more than 50 per centum of such alcohol is sold for nonbeverage purposes, the annual fee shall be $1,000. If said manufacturer holding a license issued at the rate last mentioned shall sell during any license period 50 per centum or more of said alcohol for beverage purposes, he shall pay to the Collector of Taxes the difference between the license fee paid and the license fee for a distiller of spirits. (b)

Manufacturer’s, class B.

Manufacturer’s license, class b.— To operate brewery. Such a license shall authorize the holder thereof to operate a brewery for the manufacture of beer at the place therein described. It shall also authorize the sale from the licensed place of the beer manufactured under such license to another license holder for resale or to a dealer outside of the District of Columbia for resale, or to a

“On sale” by, forbidden.

consumer. Said manufacturer may sell beer to the consumer only in barrels, kegs, and sealed bottles and said barrels, kegs, and bottles shall not be opened after sale, nor the contents consumed, on the

Annual fee.

premises where sold. The annual fee for such license shall be $2,500. 325 (c) Wholesalers’ license, class a.—

Such a license shall authorize

Wholesalers’, Class A.

the holder thereof to sell beverages from the place therein described to another license holder for resale or to a dealer outside of the

Post, p. 654.

District of Columbia for resale and, in addition, in the case of beer or light wines, to a consumer, said beverages to be sold only in barrels, kegs, sealed bottles, and other closed containers, which said barrels, kegs, sealed bottles, and other closed containers shall not be opened after sale, nor the contents consumed, on the premises where sold.

No holder of such a license except a wholesale druggist or a wholesale

Restriction on use of premises.

grocer shall be engaged in any business on the premises for which the license is issued other than the sale of alcoholic and nonalcoholic beverages.

The annual fee for such license shall be $1,500.

Annual fee.

(d) Wholesaler’s license, class b.—

Such a license shall authorize

Wholesaler’s, Class B.

the holder thereof to sell beer and light wines from the place therein described to another license holder for resale or to a dealer outside of the District of Columbia for resale or to a consumer in barrels, kegs, sealed bottles, and other closed containers, which said barrels, kegs, sealed bottles, and other closed containers shall not be opened after sale nor the contents consumed on the premises where sold.

The annual fee for such license shall be $750.

Annual fee.

(e) Retailer’s license, class a.—

Such a license shall authorize

Retailer’s, Class A.

“Off sale” of all alcoholic beverages.

the holder thereof to sell beverages from the place therein described and to deliver the same in the barrel, keg, sealed bottle, or other closed container in which the same was received by the licensee, which said barrel, keg, sealed bottle, or other closed container shall not be opened nor the contents consumed on the premises where sold. Such license shall not authorize the licensee to sell to other licensees

Restriction.

for resale.

The annual fee for such license shall be $750.

Annual fee.

(f) Retailer’s license, class b.—

Such a license shall authorize

Retailer’s, Class B.

“Off sale” of beer and light wines.

the holder thereof to sell beer and light wines from the place therein described and to deliver the same in the barrel, keg, sealed bottle, or other closed container in which the same was received by the licensee, which said barrel, keg, sealed bottle, or other closed container shall not be opened nor the contents consumed on the premises where sold. Such license shall not authorize the licensee to sell to other licensees

Restriction.

for resale.

The annual fee for such license shall be $100.

Annual fee.

(g) Retailer’s license, class c.—

Such a license shall be issued

Retailer’s, Class C.

Restaurants, hotels, etc., serving meals.

only for a bona fide restaurant, hotel, or club, or a passenger-carrying marine vessel serving meals, or a club car or a dining car on a

Sale of spirits, for consumption on premises.

railroad. It shall authorize the holder thereof to keep for sale and to sell spirits, wine and beer at the place therein described for consumption only in said place. Except in the case of clubs and hotels no beverage shall be sold or served to a customer in any closed container. In the case of restaurants and passenger-carrying marine vessels and club cars or dining cars on a railroad, said spirits and wine, except light wines, shall be sold or served only to persons seated at public tables and beer and light wines shall be sold and served only to persons seated at public tables or at bona fide lunch counters, except that spirits, wine, and beer may be sold or served to assemblages of more than six individuals in a private room when such room has been previously approved by the Board. In the case of hotels, said beverages may be sold and served only in the private room of a registered guest or to persons seated at public tables or to assemblages of more than six individuals in a private room, when 326 such room has been previously approved by the Board. Beer and light wines may also be sold and served to persons seated at bona fide lunch counters. And in the case of clubs, said beverages may be sold and served in the private room of a member or guest of a member, or to persons seated at tables. No license shall be issued to a club which has not been established for at least three months immediately prior to the making of the application for such license.

Annual fees.

The fee for such a license shall be for a restaurant, $500 per annum; for a hotel, under one hundred rooms, $500 per annum; for a hotel of one hundred or more rooms, $1,000 per annum; for a club, $250 per annum; for a marine vessel serving meals, $50 per month or $500 per annum; and for each railroad dining car or club car, $2 per month or $20 per annum.

(h)

Retailer’s, Class D.

Sales of beer and light wines by restaurants, etc., serving meals.

Retailer’s license, class d.—

Such a license shall be issued only for a bona fide restaurant, tavern, hotel, or club, or a passenger-carrying marine vessel serving meals, light lunches, or sandwiches,

“On premises” only.

or a club car or a dining car on a railroad. Such a license shall authorize the holder thereof to sell beer and light wines at the place

Closed containers.

therein described for consumption only in said place. Except in the case of clubs and hotels, no beer or light wines shall be sold

Served at public tables or bona fide lunch counters only.

or served to a customer in any closed container. In the case of restaurants, taverns, and passenger-carrying marine vessels and club cars or dining cars on a railroad, said beer shall be sold or served only to persons seated at public tables or at bona fide lunch counters, except that beer and light wines may be sold or served to assemblages of more than six individuals in a private room when such room has

Exceptions.

been previously approved by the Board. In the case of hotels, beer may be sold and served only in the private room of a registered guest or to persons seated at public tables or at bona fide lunch counters or to assemblages of more than six individuals in a private room when such room has been previously approved by the Board.

Club provisions.

And in the case of clubs, beer and light wines may be sold and served in the private room of a member or guest of a member, or to persons seated at tables. No license shall be issued to a club which has not been established for at least three months immediately prior to the making of the application for such license.

Annual fees.

The annual fee for such a license shall be $200; except that in the case of a marine vessel, the fee shall be $20 per month or $200 per annum, and in the case of each railroad dining car or club car, $1 per month or $10 per annum.

(i)

Retailer’s, Class E.

Druggists, selling beverages on physicians’ prescription.

Retailer’s license, class e.— Such a license shall authorize a person entitled to retail, compound, and dispense medicines and poisons, to sell from the place therein described, beverages in sealed packages, not to exceed one quart each, for medical purposes, and only upon prescription of a duly licensed practicing physician for liquors as defined by the United States Pharmacopoeia. Such package shall not be opened after sale, nor its contents consumed, on the premises where sold. Such prescription, when filled, shall be canceled by writing across its face the word “Canceled” together with the date on which it is presented and filled, and such prescriptions

Annual fee.

shall be numbered consecutively as filled and kept on file in consecutive order. No such prescription shall be refilled. The annual fee for such license shall be $25. (j)

Retailer’s, Class F.

Sales of beer, etc., at public gatherings.

Retailer’s license, class f.— Such license shall authorize the holder thereof temporarily to sell beer and light wines on the premises therein described for consumption on the premises where sold. Such permits may be issued for a banquet, picnic, bazaar, fair, or similar public or private gathering, where food is served for consumption on the premises. No beer or light wines shall be sold or 327 served to a customer in any unopened container. The issuance of

Fee.

such a permit shall be solely in the discretion of the Board. The fee for each such license shall be $5 per day. (k) Solicitor’s licenses.—

Such a license shall authorize the licensee

Solicitor’s licenses.

to offer for sale to or solicit orders from licensees for the sale of any beverage.

A solicitor’s license shall set forth the name of the vendor whom

Vendor represented to be stated.

the solicitor represents and such solicitor shall not represent any vendor whose name does not appear upon such license.

The annual fee for such license shall be $100.

Annual fee.

Nothing in this Act shall be construed as repealing any portion of

Certain license tax provisions not repealed.

Vol. 32, p. 622.

section 7 of the District of Columbia Appropriation Act for the fiscal year ending June 30, 1903, approved July 1, 1902, as amended.

Sec. 12. (a) The holder of a manufacturer’s or wholesaler’s license

Manufacturer or wholesale dealer prohibited from holding another class license.

issued hereunder shall not be entitled to hold any other class of license. A person, not licensed hereunder, owning an establishment for the manufacture of beverages located outside the District of

Establishments outside the District.

Columbia may hold one wholesale license, and shall not be entitled to hold any other license. (b) No licensee holding a retailer’s license, class C or class D,

Retail licensees C or D; restrictions.

shall, by direct ownership, stock ownership, or interlocking directors, hold, directly or indirectly, any license other than retailer’s licenses class C, class D, or class E. No licensee holding a retailer’s license class A or class B shall, by direct ownership, stock ownership, or interlocking directors, hold, directly or indirectly, more than one license except retailer’s licenses class E. When used in this subsection

“Licensee” construed.

the word “licensee” shall include any stockholder holding directly or indirectly 25 per centum or more of the common stock or any officer of such licensee if such licensee is a corporation.

Sec. 13. Every license shall particularly describe the place where

Premises to be described in license.

the rights thereunder are to be exercised, and beverages shall not be manufactured or kept for sale or sold by any licensee except at the place so described in his license: Provided, however, That the holder

Proviso.

Storehouse provision.

of a manufacturer’s or wholesaler’s license may store beverages, with the consent of the Board, upon premises other than the premises designated in the license. Every annual license shall date from the

License year.

1st day of February in each year and expire on the 31st day of January next after its issuance, except as hereinafter provided. Licenses issued at any time after the beginning of the license year

Fractions.

shall date from the first day of the month in which the license was issued and end on the last day of the license year above described, and payments shall be made of the proportionate amount of the annual license fee. Every monthly license shall date from the first

Monthly licenses.

day of the month in which it is issued and expire on the last day of the month named in the license. Monthly licenses shall not be issued for periods exceeding six months.

Sec. 14. (a) Any individual, partnership, or corporation desiring

Qualifications of applicants.

a license under this Act shall file with the Board an application in such form as the Commissioners may prescribe, and such application shall contain such additional information as the Board may require, and (except in the case of an application for a manufacturer’s license, retailer’s license class E, or solicitor’s license) shall

Owner of business premises to be stated.

contain a statement setting forth the name and address of the true and actual owner of the premises upon which the business to be licensed is to be conducted. Before a license is issued the Board

Information to be furnished.

shall satisfy itself: 1. That the applicant, if an individual, or, if a partnership, each

Applicant’s character etc.

of the members of the partnership, or if a corporation, each of its 328 principal officers and directors, is of good moral character and generally fit for the trust to be in him reposed. 2.

Citizenship, age, etc.

That the applicant, if an individual, or, if a partnership, each of the members of the partnership, or, if a corporation, each of its principal officers, is a citizen of the United States, not less than

Prior offenses.

twenty-one years of age, and has not, within five years prior to the filing of such application, been convicted of a misdemeanor under the National Prohibition Act, as amended and supplemented, or, within ten years prior to such filing, been convicted of any felony. 3.

Ownership, etc., statement.

Except in the case of an application for a solicitor’s license, that the applicant is the true and actual owner of the business for which the license is desired, and that he intends to carry on the business authorized by the license for himself and not as the agent of any individual, partnership, association or corporation, and that he intends to superintend in person the management of the business licensed, or intends to have some other person, to be approved by the Board, manage the business for him, which said manager must possess all of the qualifications required of a licensee hereunder. 4.

Interest of manufacturer in retail business, etc.

That in the case of an applicant for a wholesaler’s license or a retailer’s license (except a retailer’s license class E), no manufacturer or wholesaler of beverages other than the applicant (including a stockholder holding 25 per centum or more of the common stock, or an officer of any manufacturer or wholesaler of beverages, if such manufacturer or wholesaler is a corporation), has such a substantial interest, direct or indirect, in the business for which the license is requested, or in the premises in respect of which such license is to be issued, as in the judgment of the Board may tend to influence such licensee to purchase beverages from such manufacturer or wholesaler, and that such business will not be conducted with any money, equipment, furniture, fixtures, or property rented from or loaned or given by any such manufacturer or wholesaler (including such stockholder or officer) or sold by such manufacturer or wholesaler (including such stockholder or officer) to any such licensee for less than the fair market value or upon a conditional sale agreement or chattel trust. 5.

Character of premises.

That the place for which the license is to be issued is an appropriate one considering the character of the premises, its surroundings, and the wishes of the persons residing or owning property in the neighborhood of the premises for which the license is desired. (b)

Advertising application for retailer’s license required.

Before granting a retailer’s license, except a retailer’s license class E or class F, the Board shall give notice by advertisement published once a week and for at least two weeks in some newspaper of general circulation published in the District of Columbia. The advertisement so published shall contain the name of the applicant and a description by street and number, or other plain designation, of the particular location for which the license is requested and the

Hearing of protests.

class of license desired. Such notice shall state that remonstrants are entitled to be heard before the granting of such licenses and

Posting notice on premises.

shall name the time and place of such hearing. There shall also be posted by the Board a notice, in a conspicuous place, on the outside of the premises. This notice shall state that remonstrants are entitled to be heard before the granting of such license and shall name the same time and place for such hearing as set out in the

Deferring action pending opportunity of remonstrant to be heard.

Defacing, etc., notices.

public advertisement; and, if remonstrance against the granting of such license is filed, no final action shall be taken by the Board until the remonstrant shall have had an opportunity to be heard, under rules and regulations prescribed by said Board. Any person willfully removing, obliterating, marring, or defacing said notice shall be deemed guilty of a violation of this Act. 329 (c) Except in the case of a retailer’s license class C or class D, to

Objections of property owners may be filed.

be issued for a hotel or club, or a retailer’s license class B or class E, no place for which a license under this Act has not been issued and in effect on the date the written objections hereinafter provided for are filed, shall be deemed appropriate if the owners of a majority of the real property within a radius of six hundred feet of the boundary lines of the lot or parcel of ground upon which is situated the place for which the license is desired, shall, on a form to be prescribed by the Commissioners and filed with the Board, object to the granting of

Sufficiency of, to be determined.

such license. In determining the sufficiency of such objections the owners of all such property not lying within a residential use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission shall be taken as consenting to the granting of such license, except that the Commissioners shall have power to file objections on behalf of any property lying within such

Proximity of Government property.

radius owned by the United States or the District of Columbia. This subsection shall be construed as a limitation upon the discretion of the Board in granting a license and not as a limitation upon the discretion of the Board in refusing a license: Provided, however,

Provisos.

Removal of bonded liquor in Government warehouses.

That none of the provisions of this Act shall prevent the Board from promulgating regulations to permit the lawful bona fide owners of warehouse receipts for bonded liquors stored in Government warehouses either in the District of Columbia or elsewhere from withdrawing such bonded liquors for personal use on payment to the Collector of Taxes for the District of Columbia, taxes at such rates as provided in this Act: Provided, That such bona fide holder of

Pre-existing title to be shown.

such warehouse receipts held legal title to such warehouse receipts prior to the passage of this Act. (d) A separate application shall be filed with respect to each

Application to be filed for each location; fee.

place of business. The required license fee shall be paid to the Collector of Taxes and his duplicate receipt shall accompany the application for license. In the event the license is denied the fee shall be returned. Each application (except an application for a retailer’s

Bond.

license, class F, or a solicitor’s license) shall be accompanied by a bond on a form to be prescribed by the Commissioners, executed by the applicant with corporate surety approved by the Board, in the penal sum of $1,000, said bond to run to the District of Columbia and be conditioned upon the payment by the applicant of any and all taxes due the District of Columbia under this Act and any and all fines that may be imposed upon the applicant under this Act. Said bond shall not become operative unless and until the license applied for is issued, and in the event said application is denied said bond shall be returned. Every such application shall be verified by

Verification.

the affidavit of the applicant, if an individual, or by all of the members of a partnership, or by the president or vice president of a corporation. If any false statement is knowingly made in such

Penalty for false statements.

application, or in any accompanying statement under oath which may be required by the Commissioners or the Board, the person making the same shall be deemed guilty of perjury. The making of a false statement in any such application, or in any such accompanying statement, whether made with or without the knowledge or consent of the applicant, shall, in the discretion of the Board, constitute sufficient cause for the revocation of the license.

Sec. 15.

No retailer’s licenses except of class E shall be issued for

Issuing licenses in certain districts restricted.

any business conducted in a residential-use district as defined in the zoning regulations and shown in the official atlases of the Zoning

Post, p. 974.

Hotel, club, etc., provisions.

Commission, except for a restaurant or tavern conducted in a hotel, 330 apartment house, or club, and then only when the entrance to such restaurant or tavern is entirely inside of the hotel, apartment house, or club and no sign or display is visible from the outside of the building.

Wholesaler’s, etc., establishments.

No wholesaler’s license shall be issued for any establishment conducted in such residential-use district and no manufacturer’s license shall be issued for any establishment conducted in a residential- or first commercial-use district as defined in the zoning regulations and

Bottling works.

shown in the official atlases of the Zoning Commission. Nothing herein contained shall be construed as permitting the establishment of a bottling works in violation of said zoning regulations.

Sec. 16.

Transfer provisions.

No license shall be transferred by the licensee to any other person or to any other place, except with the written consent of the Board, upon a regular application therefor in writing and after notice and hearing, as herein provided for an original application

Fee.

for license, and the fee to be paid by the party applying for such transfer shall be $25, which shall be paid to the Collector of

Proviso.

Conditions imposed.

Taxes for the District of Columbia before such transfer is made: Provided, That the Board shall not allow the transfer of the license of any person against whom there is pending in the courts or before the Board any charge of keeping a disorderly house, or of violating this law or the laws against gambling in the District of Columbia.

Sec. 17.

Revocation of licenses.

If any licensee violates any of the provisions of this Act or any of the rules or regulations promulgated pursuant thereto or fails to superintend in person, or through a manager approved by the Board, the business for which the license was issued, or

Unlawful use of premises.

allows the premises with respect to which the license of such licensee was issued, to be used for any unlawful, disorderly, or immoral purpose, or knowingly employs in the sale or distribution of beverages

Ex-convict employees.

any person who has, within five years prior thereto, been convicted of a misdemeanor under the National Prohibition Act, as amended and supplemented, or, within ten years prior thereto, been convicted of any felony, or such licensee otherwise fails to carry out in good faith the provisions of this Act, the license of said licensee may be revoked by the Board after the licensee has been given an opportunity

Hearing permitted.

to be heard in his defense, subject to review by the Commissioners

No part of fee to be returned.

as herein provided. In case a license issued hereunder shall be revoked, no part of the license fee shall be returned, and the

Discretionary closing for ensuing year.

Board may, in its discretion, subject to review by the Commissioners, as a part of the order of revocation provide that no license shall be granted for the same place for the period of one year next after such revocation, and in case such order shall be made, no license shall, during said year, be issued for said place or to a person or persons whose license is so revoked for any other location.

Sec. 18.

Manufacturer of beverages; interest in certain business forbidden.

If any manufacturer of beverages, whether licensed hereunder or not, by direct ownership, stock ownership, interlocking directors, mortgage, or lien, or by any other means shall have such a substantial interest, whether direct or indirect, in the business of any wholesale or retail licensee or in the premises on which said business is conducted as in the judgment of the Board may tend to influence such licensee to purchase beverages from such manufacturer, the Board may, in its discretion, revoke the license issued in respect of the business in which such manufacturer is interested, subject to review by the Commissioners as herein provided. No such manufacturer of beverages shall loan or give any money to any wholesale or retail licensee or sell to such licensee for less than the fair market value or upon a conditional sale agreement or chattel trust, or rent, loan or give to such licensee any equipment, furniture, fixtures or property, or give or sell any service to such 331 licensee for less than the fair market value thereof. No wholesale

Accepting favors etc., forbidden.

or retail licensee shall receive or accept any loan or gift of money from any such manufacturer or purchase from any such manufacturer for less than the fair market value or upon a conditional sale agreement or chattel trust, or rent from, borrow or receive by gift from such manufacturer any equipment, furniture, fixtures or property, or accept or receive any service from such manufacturer for less than the fair market value thereof. Nothing herein contained,

Extending credit permitted.

however, shall prohibit the reasonable extension of credit by a manufacturer for beverages sold to a wholesale or retail licensee. When used in this section the word “manufacturer” shall include

“Manufacturer” includes stockholder.

any stockholder holding directly or indirectly 25 per centum or more of the common stock or any officer of a manufacturer of beverages, if a corporation, whether licensed hereunder or not. This section shall

Druggists exempt.

not apply to retail licenses class E, or to the wholesale license held by a person not licensed hereunder owning an establishment for the manufacture of beverages.

Sec. 19. If any wholesaler of beverages, whether licensed hereunder

Wholesaler of beverages.

Interest in retail business, etc., forbidden.

or not, by direct ownership, stock ownership, interlocking directors, mortgage, or lien or by any other means shall have such a substantial interest either direct or indirect in the business of any retail licensee or in the premises on which said business is conducted as in the judgment of the Board may tend to influence such licensee to purchase beverages from such wholesaler, the Board may in its discretion revoke the license issued in respect of the business in which such wholesaler is interested, subject to review by the Commissioners as herein provided. No such wholesaler of beverages shall lend or

Accepting favors.

give any money to any retail licensee or sell to such licensee for less than the fair market value or upon a conditional sale agreement or chattel trust, or rent, loan or give to such licensee any equipment, furniture, fixtures or property, or give or sell any service to such licensee for less than the fair market value thereof. No retail licensee shall receive or accept any loan or gift of money from any such wholesaler or purchase from any such wholesaler for less than the fair market value or upon a conditional sale agreement or chattel trust, or rent from, borrow or receive by gift from such wholesaler any equipment, furniture, fixtures, or property, or receive any service from such wholesaler for less than the fair market value thereof. Nothing herein contained, however, shall prohibit the reasonable

Extending credit not prohibited.

extension of credit by a wholesaler for beverages sold to a retail licensee. When used in this section the word “wholesaler” shall include any stockholder holding directly or indirectly 25 per centum or more of the common stock or any officer of a wholesaler of beverages, if a corporation, whether licensed hereunder or not. This section shall not apply to retail licenses class E.

Sec. 20. Licenses issued hereunder shall not authorize the sale

Sale, etc., limitations.

or delivery of beverages, with the exception of beer and light wines, to any person under the age of twenty-one years, or beer or light

Minors or intoxicated persons.

wines, to any person under the age of eighteen years, either for his own use or for the use of any other person; or the sale of beverages to any intoxicated person or to any person of notoriously intemperate habits or to any person who appears to be intoxicated; and ignorance of the age of any such minor shall not be a defense to any action instituted under this section. No licensee shall be liable to any person for damages claimed to arise from refusal to sell such alcoholic beverages.

Sec. 21. If any person holding a license under this Act shall become

Licensees becoming bail.

bail for any person complained of for the violation of any provisions 332 of this Act, his license shall become void as of the date of becoming such bail.

Sec. 22.

Reports by licensees required.

(a) Each holder of a manufacturer’s license shall, on or before the 10th day of each month, furnish to the Board on a form

Post, pp. 654, 656.

to be prescribed by the Commissioners, a statement under oath, showing the quantity of each kind of beverages, except beer, manufactured during the preceding calendar month. Beverages shall not be considered as manufactured within the meaning of this section and section 23 until they are ready for sale. (b) Each holder of a wholesaler’s or retailer’s license shall, on or before the 10th day of each month, furnish to the Board on a form, to be prescribed by the Commissioners, a statement under oath, showing the quantity of each kind of beverages, except beer, purchased by him during the preceding calendar month, and also showing the date of each such purchase, the name of the person from whom purchased, giving the license number of the vendor, if licensed hereunder, and the quantity and kind of beverages in each such purchase.

Sec. 23.

Tax rates.

Post, pp. 654, 1014.

There shall be levied and collected by the District of Columbia on all beverages, except beer, manufactured by a holder of a manufacturer’s license and on all beverages, except beer, purchased by the holder of a wholesaler’s or retailer’s license, except such beverages as may have been purchased from a licensee under

Wine gallon of wine.

this Act, a tax of 35 cents for every wine gallon of wine containing more than 14 per centum of alcohol by volume, except champagne or any wine artificially carbonated, and at a like rate for any other

Champagne, etc.

quantity or for fractional parts thereof; a tax of 50 cents for every wine gallon of champagne or any wine artificially carbonated, and at a like rate for any other quantity or for the fractional parts

Spirits.

thereof; a tax of 50 cents on every wine gallon of spirits, and at a like rate for any other quantity or for the fractional parts thereof;

Alcohol.

Payment of taxes.

and a tax of $1.10 on every wine gallon of alcohol, and at a like rate for any other quantity or for the fractional parts thereof. The taxes imposed by this section shall be paid to the Collector of Taxes of the District of Columbia on or before the fifteenth day of each month for beverages manufactured by the holders of manufacturers’ licenses or purchased by the holders of wholesalers’ or retailers’ licenses during the preceding calendar month, and such taxes shall be deposited in the Treasury of the United States to the credit of the District of Columbia. No tax shall be levied and collected on any alcohol exempt from tax under the laws of the United States, or on any alcohol sold for nonbeverage purposes, in accordance with regulations promulgated by the Commissioners. If any Act of Congress shall hereafter prescribe for a Federal volume tax on alcoholic beverages under which a portion of said tax shall be returned to the District of Columbia, the taxes levied under this section shall not be collected after the effective date of such Act.

Sec. 24.

Licensees doing business outside of the District.

No person holding a wholesaler’s or retailer’s license shall purchase any beverage, except beer or tax-free wines, from any manufacturer or wholesaler doing business outside of the District of Columbia and not holding a license issued under the provisions of this Act, and transport or cause the same to be transported into the District of Columbia for resale, unless such wholesaler or retailer has delivered to the Board a memorandum of the order for such beverages, in duplicate, on a form to be prescribed by the Board, one copy to be retained by the Board and the other copy to have noted thereon by the Board the fact of its delivery to the Board, which said last-mentioned copy of said order shall accompany the shipment

Common carriers.

of said beverages to the licensed premises. This section shall not apply to beverages transported into the District of Columbia on club 333 cars or dining cars of a railroad or passenger-carrying marine vessels for sale thereon.

Sec. 25. No licensee under this Act shall allow any person who

Limitation on employees distributing, etc., beverages.

has, within five years prior thereto, been convicted of a misdemeanor under the National Prohibition Act, as amended and supplemented, or, within ten years prior thereto, been convicted of any felony, to sell, give, furnish, or distribute any beverage, nor allow any minor under the age of twenty-one years of age to sell, give, furnish, or distribute any beverage, except beer, or any minor under the age of eighteen years of age to sell, give, furnish, or distribute beer.

Sec. 26. Said Board is hereby authorized and empowered to summon

Taking testimony.

any person before it to give testimony on oath or affirmation, or to produce all books, records, papers, documents, or other legal evidence as to any matter affecting the operation of this Act and any member of said Board shall have the power to administer all oaths and affirmations for the purposes of the administration of this Act. Such summons may be served by any member of the Metropolitan Police Department. If any witness having been personally summoned shall neglect or refuse to obey the summons issued as herein provided, then and in that event any member of the Board may report that fact to the Supreme Court of the District of Columbia or one of the justices thereof and said court or any justice thereof hereby is empowered to compel obedience to said summons to the same extent as witnesses may be compelled to obey the subpenas of that court. Witnesses, other than those employed by the District of

Witness fees allowed.

Columbia or the United States Government, summoned to appear before said Board shall be entitled to the same fees as are paid witnesses for attendance before the Supreme Court of the District of Columbia, but said fees need not be paid said witnesses in advance of their appearing and testifying, or producing books, records, papers, documents, or other legal evidence before said Board. Any person who shall willfully swear falsely in any proceeding, matter, or hearing before said Board shall be deemed guilty of perjury.

Sec. 27. (a) No person shall be intoxicated while in charge of or

Operating conveyance, etc., while intoxicated, prohibited.

Vol. 46, p. 1428.

operating any locomotive or while acting as a conductor or brakeman of a car or train of cars, or while in charge of or operating any street car, elevator, watercraft or horse-drawn vehicle in the District of Columbia. (b) Any person violating the provisions of this section shall be

Punishment for.

punished by a fine of not more than $300, or by imprisonment for not longer than three months, or by both such fine and imprisonment in the discretion of the court. (c) Nothing herein contained shall be construed as repealing or

Traffic Acts of D.C. not affected.

Vol. 46, p. 1424.

modifying any provision of the Act of Congress entitled “An Act to amend the Acts approved March 3, 1925, and July 3, 1926, known as the District of Columbia Traffic Acts, and so forth” approved February 27, 1931.

Sec. 28. (a) No person shall in the District of Columbia drink

Drinking, etc., in certain public places unlawful.

any alcoholic beverage in any street, alley, park or parking, or in any vehicle in or upon the same, or in any place to which the public is invited for which a license has not been issued hereunder permitting the sale and consumption of such alcoholic beverage upon such premises. No person shall be drunk or intoxicated in any street, alley, park or parking, or in any vehicle in or upon the same or in any place to which the public is invited or at any public gathering and no person anywhere shall be drunk or intoxicated and disturb the peace of any person. (b) Any person violating the provisions of this section shall be

Punishment for.

punished by a fine of not more than $100 or by imprisonment for not 334 more than thirty days or by both such fine and imprisonment in the discretion of the court. (c)

Vol. 39, p. 1127.

Ante, p. 28.

Section 11 of the Act of Congress entitled “An Act to prevent the manufacture and sale of alcoholic liquors in the District of Columbia, and for other purposes”, approved March 3, 1917, as amended by the Act of Congress entitled “An Act to provide revenue for the District of Columbia by the taxation of beverages, and for other purposes”, approved April 5, 1933, and section 20 of said Act approved March 3, 1917, are hereby repealed.

Sec. 29.

Search warrants.

(a) A search warrant may be issued by any judge of the police court of the District of Columbia or by a United States Commissioner for the District of Columbia when any alcoholic beverages are manufactured for sale, kept for sale, or sold in violation of the provisions of this Act, and any such alcoholic beverages and any other property designed for use in connection with such unlawful manufacture for sale, keeping for sale, or selling may be seized thereunder, and shall be subject to such disposition as the court may make thereof, and such alcoholic beverages may be taken on the warrant from any house or other place in which it is concealed. (b) A search warrant cannot be issued but upon probable cause supported by affidavit particularly describing the property and the place to be searched. (c) The judge or commissioner must, before issuing the warrant, examine on oath the complainant and any witness he may produce, and require their affidavits or take their depositions in writing and cause them to be subscribed by the parties making them. (d) The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. (e) If the judge or commissioner is thereupon satisfied of the existence of the grounds of the application or that there is probable cause to believe their existence, he must issue a search warrant signed by him with his name of office to the major and superintendent of police of the District of Columbia or any member of the Metropolitan Police Department, stating the particular grounds or probable cause for its issue and the names of the persons whose affidavits have been taken in support thereof, and commanding him forthwith to search the place named for the property specified and to bring it before the judge or commissioner. (f) A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. (g) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance. (h) The judge or commissioner must insert a direction in the warrant that it be served in the daytime unless the affidavit is positive that the property is in the place to be searched in which case he must insert a direction that it be served at any time in the day or night. (i) A search warrant must be executed and returned to the judge or commissioner who issued it within ten days after its date; after the expiration of this time the warrant, unless executed, is void. (j) When the officer takes property under the warrant, he must give a copy of the warrant together with a receipt for the property taken (specifying it in detail) to the person from whom it was taken 335 by him, or in whose possession it was found; or, in the absence of

Search warrants—Continued.

any person, he must leave it in the place where he found the property. (k) The officer must forthwith return the warrant to the judge or commissioner and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory and taken before the judge or commissioner at the time, to the following effect: “I, R. S., the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.” (l) The judge or commissioner must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken and to the applicant for the warrant. (m) The judge or commissioner must annex the affidavits, search warrant, return, inventory, and evidence, and at once file the same, together with a copy of the record of his proceedings, with the clerk of the police court. (n) Whoever shall knowingly and willfully obstruct, resist, or oppose any such officer or person in serving or attempting to serve or execute any such search warrant, or shall assault, beat, or wound any such officer or person, knowing him to be an officer or person so authorized, shall be fined not more than $1,000 or imprisoned not more than two years. (o) If the accused be discharged, the beverages and other property seized shall be returned to the person in whose possession they were found; if he be convicted, the said beverages and other property shall be forfeited, and may be destroyed by the police department or delivered for medicinal, mechanical, or scientific uses to any department or agency of the United States Government or the District of Columbia government or any hospital or other charitable institution in the District of Columbia, or sold at public auction, as the court may direct. (p) If any of said property so seized, other than the said beverages and the containers thereof, shall be subject to a lien which is established by intervention or otherwise to the satisfaction of the court as being bona fide and as having been created without the lienor’s having any notice that said property was to be used in connection with the illegal manufacture for sale, keeping for sale, or selling of alcoholic beverages, the court, upon the conviction of the accused, shall order a sale of said property at public auction and the officer making the sale, after deducting the expenses of keeping the property, the fee for the seizure and the cost of the sale, shall pay all such liens according to their priorities, and such lien or liens shall be transferred from the property to the proceeds of the sale thereof.

Sec. 30. That any minor who falsely represents his age for the

Minor misrepresenting age, to procure any beverage.

purpose of procuring any beverage shall be deemed guilty of a misdemeanor and be fined for each offense not more than $25 and, in default in the payment of such fine, shall be imprisoned not exceeding ten days.

Sec. 31.

After the date of the approval of this Act no permit shall

Permits to sell 3.2% beer.

be issued under the Act of Congress entitled “An Act to provide revenue for the District of Columbia by the taxation of beverages and for other purposes”, approved April 5, 1933, and no permits issued

Ante, p. 25.

thereunder shall be renewed, but the Commissioners are hereby authorized to extend the expiration dates of permits issued under

Temporary extension permitted.

said Act to a date designated by them, not to exceed sixty days after the approval of this Act, upon such terms and conditions, including 336 the payment of such fees as the Commissioners may prescribe. Any permittee thereunder may make an application for a license under this Act, and, if said application is approved by the Board, such

Refunds.

permittee shall surrender his permit and he shall be allowed a refund of the permit fee prorated as hereinafter provided. Any permittee under said Act of April 5, 1933, may surrender his permit and receive a refund of the permit fee prorated from the date of surrender of such permit to the date of expiration thereof. All such refunds shall be paid from the permanent indefinite appropriation for refunding

Taxes hereunder.

erroneously paid taxes in the District of Columbia. All permits issued under said Act of April 5, 1933, shall remain in force and

Ante, p. 28.

effect for the respective periods for which they were issued, unless sooner surrendered. After the approval of this Act no taxes shall be collected under section 11 of the Act approved April 5, 1933.

Repeal in one year.

Ante, p. 25.

The said Act approved April 5, 1933, is repealed, effective one year from the date of approval of this Act.

Sec. 32.

Sales of spirits on hand by druggists.

Any druggist or other person holding, on the date of the approval of this Act, a permit to manufacture, use, compound, or sell intoxicating liquors issued under the authority of the National Prohibition Act, as amended and supplemented, may, during such period of time as the Commissioners may designate, not to exceed sixty days after the approval of this Act, continue to manufacture, use, compound, and sell alcoholic beverages as provided in

Ante, pp. 323, 326.

said permit notwithstanding the provisions of section 9 and section 36 of this Act, and the provision of section 11 (i) of this Act requiring the sale only of such liquors as are defined by the United States Pharmacopoeia, but such manufacture, use, compounding, and sale shall be subject to all other provisions of this Act to the same extent

Labeling requirements.

as if such permittee were licensed hereunder. No rectified or blended spirits shall be sold under this section unless the container in which it is sold shall bear a label containing in letters not less than one inch high the legend: “Rectified spirits”, or “Blended spirits”, as the case may be.

Sec. 33.

Fine, etc., where no specific penalty is provided.

Whosoever violates any of the provisions of this Act for which no specific penalty is provided, or any of the rules and regulations promulgated pursuant thereto, shall be punished by a fine of not more than $1,000 or by imprisonment for not longer than one year or by both such fine and imprisonment in the discretion of the court.

Prosecutions for violations.

Prosecutions for violations of this Act shall be on information filed in the police court by the corporation counsel or any of his assistants, except for such violations as are felonies, and prosecutions for such violations as are felonies shall be by the United States Attorney in and for the District of Columbia or any of his assistants.

Sec. 34.

Inconsistent laws repealed.

All laws which prohibit the sale of alcoholic beverages in certain defined sections or parts of the District of Columbia are hereby repealed.

Sec. 35.

Selling spirits on credit prohibited; exceptions.

No holder of a retailer’s license, except a retailer’s license class E, shall sell on credit any beverages except beer and light wines. This section shall not prohibit a club from extending credit to its members or the guests of members or a hotel from extending credit to its registered guests.

Sec. 36.

Labeling, showing nature of spirits, etc.

No rectified or blended spirits shall be sold unless the container in which it is sold shall bear a legible label firmly affixed thereto stating the nature and percentage of each ingredient therein (except water), the age of each such ingredient, and the alcoholic content of such spirits by volume.

337

Sec. 37. Any offense committed, or any right accrued, or any penalty

Saving clause; continuing prosecutions, etc.

or obligation incurred, or any seizure or forfeiture made, prior to the effective date of this Act, under the provisions of the National Prohibition Act, as amended and supplemented, or under any permit or regulation issued thereunder, or under any other provision of law repealed by this Act, may be prosecuted or enforced in the same manner and with the same effect as if this Act had not been enacted.

Sec. 38. If any provision of this Act, or the application thereof to

Separability of provisions.

any person or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

Approved, January 24, 1934.

Relating to contracts and agreements under the Agricultural Adjustment Act. Chapter 5 48 Stat. 337 1934-01-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 5.]

AN ACT Relating to contracts and agreements under the Agricultural Adjustment Act.

January 25, 1934.

[S. 2284.]

[Public, No. 86.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the provisions

Contracts, etc., under Agricultural Adjustment Act.

Participation in, by Members of Congress, etc., permitted.

R.S. sec. 3741, p. 737; Vol. 35, p. 1109; U.S.C., p. 475.

of section 3741 of the Revised Statutes (U.S.C., title 41, sec. 22) and sections 114 and 115 of the Criminal Code of the United States (U.S.C., title 18, secs. 204 and 205) shall not apply to any contracts or agreements heretofore or hereafter entered into under the Agricultural Adjustment Act.

Approved, January 25, 1934.

To protect the currency system of the United States, to provide for the better use of the monetary gold stock of the United States, and for other purposes. Chapter 6 48 Stat. 337 1934-01-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 6.]

AN ACT To protect the currency system of the United States, to provide for the better use of the monetary gold stock of the United States, and for other purposes.

January 30, 1934.

[H.R. 6976.]

[Public, No. 87.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the short

Gold Reserve Act of 1934.

Post, p. 1060.

title of this Act shall be the “Gold Reserve Act of 1934.”

Sec. 2. (a) Upon the approval of this Act all right, title, and

Gold coin and bullion.

Title of Federal Reserve Board, etc., vested in United States.

interest, and every claim of the Federal Reserve Board, of every Federal Reserve bank, and of every Federal Reserve agent, in and to any and all gold coin and gold bullion shall pass to and are hereby vested in the United States; and in payment therefor credits

Payments.

Credits established.

in equivalent amounts in dollars are hereby established in the Treasury in the accounts authorized under the sixteenth paragraph

Vol. 40, p. 238; U.S.C., p. 287.

of section 16 of the Federal Reserve Act, as heretofore and by this Act amended (U.S.C., title 12, sec. 467). Balances in such accounts shall be payable in gold certificates, which shall be in such

Balances payable in gold certificates.

form and in such denominations as the Secretary of the Treasury may determine. All gold so transferred, not in the possession of

Custody and delivery.

the United States, shall be held in custody for the United States and delivered upon the order of the Secretary of the Treasury; and the Federal Reserve Board, the Federal Reserve banks, and the Federal Reserve agents shall give such instructions and shall take such action as may be necessary to assure that such gold shall be so held and delivered. (b) Section 16 of the Federal Reserve Act, as amended, is further

Federal Reserve notes.

Vol. 38, p. 265; U. S. C., p. 284; Post, p. 398.

amended in the following respects: (1) The third sentence of the first paragraph is amended to read

Redemption in lawful money.

as follows: “They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.” 338 (2)

Application for notes; collateral required.

Post, p. 398.

So much of the third sentence of the second paragraph as precedes the proviso is amended to read as follows: “The collateral security thus offered shall be notes, drafts, bills of exchange, or

Vol. 38, p. 263; U.S.C., p. 284.

acceptances acquired under the provisions of section 13 of this Act, or bills of exchange endorsed by a member bank of any Federal Reserve district and purchased under the provisions of section 14 of this Act, or bankers’ acceptances purchased under the provisions of said section 14, or gold certificates:”. (3)

Reserves against deposits and circulating notes.

Vol. 40, p. 236; U.S.C., p. 285.

The first sentence of the third paragraph is amended to read as follows: “Every Federal Reserve bank shall maintain reserves in gold certificates or lawful money of not less than 35 per centum against its deposits and reserves in gold certificates of not less than 40 per centum against its Federal Reserve notes in actual circulation:

Proviso.

Gold certificates held as collateral included in.

Provided, however, That when the Federal Reserve agent holds gold certificates as collateral for Federal Reserve notes issued to the bank such gold certificates shall be counted as part of the reserve which such bank is required to maintain against its Federal Reserve notes in actual circulation. ” (4)

Redemption of notes at the Treasury.

Reimbursement by issuing bank.

Vol. 40, p. 236; U.S.C., p. 285.

The fifth and sixth sentences of the third paragraph are amended to read as follows: “Notes presented for redemption at the Treasury of the United States shall be paid out of the redemption fund and returned to the Federal Reserve banks through which they were originally issued, and thereupon such Federal Reserve bank shall, upon demand of the Secretary of the Treasury, reimburse such redemption fund in lawful money or, if such Federal Reserve notes have been redeemed by the Treasurer in gold certificates, then such funds shall be reimbursed to the extent deemed necessary by the Secretary of the Treasury in gold certificates, and such Federal

Maintenance of gold certificate reserve for redemptions.

Reserve bank shall, so long as any of its Federal Reserve notes remain outstanding, maintain with the Treasurer in gold certificates an amount sufficient in the judgment of the Secretary to provide

Disposition of notes received otherwise than for redemption.

for all redemptions to be made by the Treasurer. Federal Reserve notes received by the Treasurer otherwise than for redemption may be exchanged for gold certificates out of the redemption fund hereinafter provided and returned to the Reserve bank through which they were originally issued, or they may be returned to such bank for the credit of the United States.” (5)

Vol. 40, p. 237; U.S.C., p. 285.

The fourth, fifth, and sixth paragraphs are amended to read as follows:

Gold certificates deposited in Treasury for redemption of issued notes.

“The Federal Reserve Board shall require each Federal Reserve bank to maintain on deposit in the Treasury of the United States a sum in gold certificates sufficient in the judgment of the Secretary

Minimum amount.

of the Treasury for the redemption of the Federal Reserve notes issued to such bank, but in no event less than 5 per centum of the total amount of notes issued less the amount of gold certificates held by the Federal Reserve agent as collateral security; but such deposit of gold certificates shall be counted and included as part of the 40

Reserve Board authority respecting note issues.

per centum reserve hereinbefore required. The Board shall have the right, acting through the Federal Reserve agent, to grant in whole or in part, or to reject entirely the application of any Federal Reserve bank for Federal Reserve notes; but to the extent that such application may be granted the Federal Reserve Board shall, through its local Federal Reserve agent, supply Federal Reserve notes to the banks so applying, and such bank shall be charged with

Interest rate.

the amount of the notes issued to it and shall pay such rate of interest as may be established by the Federal Reserve Board on only that amount of such notes which equals the total amount of its outstanding Federal Reserve notes less the amount of gold certificates held by the Federal Reserve agent as collateral security. 339 Federal Reserve notes issued to any such bank shall, upon delivery, together with such notes of such Federal Reserve bank as may be

Lien created.

issued under section 18 of this Act upon security of United States 2 per centum Government bonds, become a first and paramount lien on all the assets of such bank.

“Any Federal Reserve bank may at any time reduce its liability

Reduction of liability for outstanding notes by depositing gold certificates, etc.

for outstanding Federal Reserve notes by depositing with the Federal Reserve agent its Federal Reserve notes, gold certificates, or lawful money of the United States. Federal Reserve notes so deposited

Reissue of deposited notes denied.

shall not be reissued, except upon compliance with the conditions of an original issue.

“The Federal Reserve agent shall hold such gold certificates or

Use of deposit as collateral for redemption.

lawful money available exclusively for exchange for the outstanding Federal Reserve notes when offered by the Reserve bank of which he is a director. Upon the request of the Secretary of the Treasury the Federal Reserve Board shall require the Federal Reserve agent to transmit to the Treasurer of the United States so much of the gold certificates held by him as collateral security for Federal Reserve notes as may be required for the exclusive purpose of the redemption of such Federal Reserve notes, but such gold certificates when

Deposited gold certificates as security.

deposited with the Treasurer shall be counted and considered as if collateral security on deposit with the Federal Reserve agent.”

(6) The eighth paragraph is amended to read as follows:

Vol. 40, p. 238; U.S.C., p. 285, amended.

Custody of Reserve notes and collateral deposited with Reserve agent.

“All Federal Reserve notes and all gold certificates and lawful money issued to or deposited with any Federal Reserve agent under the provisions of the Federal Reserve Act shall hereafter be held for such agent, under such rules and regulations as the Federal Reserve Board may prescribe, in the joint custody of himself and the Federal Reserve bank to which he is accredited. Such agent

Liability for safekeeping.

and such Federal Reserve bank shall be jointly liable for the safekeeping of such Federal Reserve notes, gold certificates, and lawful money. Nothing herein contained, however, shall be construed to

Deposits of gold certificates with Reserve Board, etc., permitted.

prohibit a Federal Reserve agent from depositing gold certificates with the Federal Reserve Board, to be held by such Board subject to his order, or with the Treasurer of the United States for the purposes authorized by law.”

(7) The sixteenth paragraph is amended to read as follows:

Vol. 40, p. 238; U.S.C., p. 287.

Deposits of gold and gold certificates with U.S. Treasurer by Reserve bank or agent.

“The Secretary of the Treasury is hereby authorized and directed to receive deposits of gold or of gold certificates with the Treasurer or any Assistant Treasurer of the United States when tendered by any Federal Reserve bank or Federal Reserve agent for credit to its or his account with the Federal Reserve Board. The Secretary shall prescribe by regulation the form of receipt to be issued by the

Receipt.

Treasurer or Assistant Treasurer to the Federal Reserve bank or Federal Reserve agent making the deposit, and a duplicate of such receipt shall be delivered to the Federal Reserve Board by the Treasurer at Washington upon proper advices from any Assistant Treasurer that such deposit has been made. Deposits so made shall

Payments in gold certificates.

be held subject to the orders of the Federal Reserve Board and shall be payable in gold certificates on the order of the Federal Reserve Board to any Federal Reserve bank or Federal Reserve agent at the Treasury or at the Subtreasury of the United States nearest the place of business of such Federal Reserve bank or such Federal Reserve agent. The order used by the Federal Reserve Board in making

Orders for payment.

such payments shall be signed by the governor or vice governor, or such other officers or members as the Board may by regulation prescribe. The form of such order shall be approved by the Secretary of the Treasury.”

340 (8) The eighteenth paragraph is amended to read as follows:

Acceptance of deposits as reserves.

“Deposits made under this section standing to the credit of any Federal Reserve bank with the Federal Reserve Board shall, at the option of said bank, be counted as part of the lawful reserve which it is required to maintain against outstanding Federal Reserve notes, or as a part of the reserve it is required to maintain against deposits.”

Sec. 3.

Federal control over gold.

Secretary of the Treasury to issue regulations governing.

The Secretary of the Treasury shall, by regulations issued hereunder, with the approval of the President, prescribe the conditions under which gold may be acquired and held, transported, melted or treated, imported, exported, or earmarked: (a) for industrial, professional, and artistic use; (b) by the Federal Reserve banks for the purpose of settling international balances; and, (c) for such other purposes as in his judgment are not inconsistent with the purposes of this Act. Gold in any form may be acquired, transported, melted or treated, imported, exported, or earmarked or held in custody for foreign or domestic account (except on behalf of the United States) only to the extent permitted by, and subject to the conditions

Places beyond continental limits.

prescribed in, or pursuant to, such regulations. Such regulations may exempt from the provisions of this section, in whole or in part, gold situated in the Philippine Islands or other places beyond the limits of the continental United States.

Sec. 4.

Forfeiture of gold illegally withheld, etc.

Any gold withheld, acquired, transported, melted or treated, imported, exported, or earmarked or held in custody, in violation of this Act or of any regulations issued hereunder, or licenses issued pursuant thereto, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation

Penalty.

of property imported into the United States contrary to law; and in addition any person failing to comply with the provisions of this Act or of any such regulations or licenses, shall be subject to a penalty equal to twice the value of the gold in respect of which such failure occurred.

Sec. 5.

No gold hereafter to be coined.

Vol. 31, p. 45; U.S.C., p. 995.

Proviso.

Coinage for foreign countries.

U.S.C., p. 999.

Withdrawal of gold coin; formed into bars.

No gold shall hereafter be coined, and no gold coin shall hereafter be paid out or delivered by the United States: Provided, however, That coinage may continue to be executed by the mints of the United States for foreign countries in accordance with the Act of January 29, 1874 (U.S.C., title 31, sec. 367). All gold coin of the United States shall be withdrawn from circulation, and, together with all other gold owned by the United States, shall be formed into bars of such weights and degrees of fineness as the Secretary of the Treasury may direct.

Sec. 6.

United States currency not redeemable in gold.

Except to the extent permitted in regulations which may be issued hereunder by the Secretary of the Treasury with the approval of the President, no currency of the United States shall

Provisos.

Exception, gold certificates owned by Reserve banks.

be redeemed in gold: Provided, however, That gold certificates owned by the Federal Reserve banks shall be redeemed at such times and in such amounts as, in the judgment of the Secretary of the Treasury, are necessary to maintain the equal purchasing power of every kind

Reserves to be maintained.

of currency of the United States: And provided further, That the reserve for United States notes and for Treasury notes of 1890, and the security for gold certificates (including the gold certificates held

In gold bullion.

in the Treasury for credits payable therein) shall be maintained in gold bullion equal to the dollar amounts required by law, and

In gold certificates.

the reserve for Federal Reserve notes shall be maintained in gold certificates, or in credits payable in gold certificates maintained with the Treasurer of the United States under section 16 of the Federal Reserve Act, as heretofore and by this Act amended.

341

No redemptions in gold shall be made except in gold bullion bearing

Redemptions in gold to be in bullion only.

Amount.

the stamp of a United States mint or assay office in an amount equivalent at the time of redemption to the currency surrendered for such purpose.

Sec. 7. In the event that the weight of the gold dollar shall at

Increase in value of gold due to weight reduction of gold dollar covered into Treasury.

Post, p. 1730.

any time be reduced, the resulting increase in value of the gold held by the United States (including the gold held as security for gold certificates and as a reserve for any United States notes and for Treasury notes of 1890) shall be covered into the Treasury as a miscellaneous receipt; and, in the event that the weight of the gold

Gold bullion transfers to compensate depreciation.

dollar shall at any time be increased, the resulting decrease in value of the gold held as a reserve for any United States notes and for Treasury notes of 1890, and as security for gold certificates shall be compensated by transfers of gold bullion from the general fund, and

Appropriation.

Post, p. 1060.

there is hereby appropriated an amount sufficient to provide for such transfers and to cover the decrease in value of the gold in the general fund.

Sec. 8. Section 3700 of the Revised Statutes (U.S.C., title 31,

R.S. sec. 3700, p. 731; U.S.C., p. 1024, amended.

sec. 734) is amended to read as follows:

“Sec. 3700. With the approval of the President, the Secretary of

Gold purchases authorized.

the Treasury may purchase gold in any amounts, at home or abroad, with any direct obligations, coin, or currency of the United States, authorized by law, or with any funds in the Treasury not otherwise appropriated, at such rates and upon such terms and conditions as

Rates, terms, conditions.

he may deem most advantageous to the public interest; any provision of law relating to the maintenance of parity, or limiting the purposes for which any of such obligations, coin, or currency, may be issued, or requiring any such obligations to be offered as a popular loan or on a competitive basis, or to be offered or issued at not less than par, to the contrary notwithstanding. All gold so purchased shall

Added to general fund.

be included as an asset of the general fund of the Treasury.”

Sec. 9. Section 3699 of the Revised Statutes (U.S.C., title 31, sec.

R.S., sec. 3699, p. 731; U.S.C., p. 1024.

733) is amended to read as follows:

“Sec. 3699. The Secretary of the Treasury may anticipate the

Anticipating interest payment on public debt.

payment of interest on the public debt, by a period not exceeding one year, from time to time, either with or without a rebate of interest upon the coupons, as to him may seem expedient; and he may

Sale of gold in public interest.

sell gold in any amounts, at home or abroad, in such manner and at such rates and upon such terms and conditions as he may deem most advantageous to the public interest, and the proceeds of any gold so sold shall be covered into the general fund of the Treasury: Provided, however, That the Secretary of the Treasury may sell the

Proviso.

Parity maintenance.

gold which is required to be maintained as a reserve or as security for currency issued by the United States, only to the extent necessary to maintain such currency at a parity with the gold dollar.”

Sec. 10. (a) For the purpose of stabilizing the exchange value of

Stabilization fund established; purposes.

the dollar, the Secretary of the Treasury, with the approval of the President, directly or through such agencies as he may designate, is authorized, for the account of the fund established in this section, to deal in gold and foreign exchange and such other instruments of credit and securities as he may deem necessary to carry out the purpose

Annual audit; report to President.

of this section. An annual audit of such fund shall be made and a report thereof submitted to the President. (b) To enable the Secretary of the Treasury to carry out the provisions

Appropriation for maintenance of fund.

of this section there is hereby appropriated, out of the receipts which are directed to be covered into the Treasury under section 7 hereof, the sum of $2,000,000,000, which sum when available 342

Fund to be under exclusive control of Secretary of Treasury; finality of decisions.

shall be deposited with the Treasurer of the United States in a stabilization fund (hereinafter called the “fund”) under the exclusive control of the Secretary of the Treasury, with the approval of the President, whose decisions shall be final and not be subject to review

Availability of fund.

by any other officer of the United States. The fund shall be available for expenditure, under the direction of the Secretary of the Treasury and in his discretion, for any purpose in connection with carrying out the provisions of this section, including the investment and reinvestment in direct obligations of the United States of any portions of the fund which the Secretary of the Treasury, with the approval of the President, may from time to time determine are not currently

Proceeds of sales, etc. hereunder.

required for stabilizing the exchange value of the dollar. The proceeds of all sales and investments and all earnings and interest accruing under the operations of this section shall be paid into the fund and shall be available for the purposes of the fund. (c)

Duration of powers conferred.

All the powers conferred by this section shall expire two years after the date of enactment of this Act, unless the President shall sooner declare the existing emergency ended and the operation of the stabilization fund terminated; but the President may extend such period for not more than one additional year after such date by proclamation recognizing the continuance of such emergency.

Sec. 11.

Rules and regulations authorized.

The Secretary of the Treasury is hereby authorized to issue, with the approval of the President, such rules and regulations as the Secretary may deem necessary or proper to carry out the purposes of this Act.

Sec. 12.

Fixing weight of the gold dollar, etc.

Ante, p. 53.

Paragraph (b) (2), of section 43, title III, of the Act approved May 12, 1933 (Public, Numbered 10, Seventy-third Congress), is amended by adding two new sentences at the end thereof, reading as follows:

Reduction, not exceeding 60% of present weight, authorized.

Executive powers defined; duration.

“Nor shall the weight of the gold dollar be fixed in any event at more than 60 per centum of its present weight. 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 two years after the date of enactment of the Gold Reserve Act of 1934 unless the President shall sooner declare the existing emergency ended, but the President may extend such period for not more than one additional year after such date by proclamation recognizing the continuance of such emergency.”

Ante, p. 53.

Paragraph (2) of subsection (b) of section 43, title III, of an Act entitled “An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes”, approved May 12, 1933, is amended by adding at the end of said paragraph (2) the following:

Coinage of silver at fixed ratio.

Issue of silver certificates.

Ante, p. 53.

Post, p. 1178.

“The President, in addition to the authority to provide for the unlimited coinage of silver at the ratio so fixed, under such terms and conditions as he may prescribe, is further authorized to cause to be issued and delivered to the tenderer of silver for coinage, silver certificates in lieu of the standard silver dollars to which the tenderer would be entitled and in an amount in dollars equal to the number of coined standard silver dollars that the tenderer of such silver for coinage would receive in standard silver dollars.

Silver certificates against any silver reserve in the Treasury.

“The President is further authorized to issue silver certificates in such denominations as he may prescribe against any silver bullion, silver, or standard silver dollars in the Treasury not then 343 held for redemption of any outstanding silver certificates, and to coin standard silver dollars or subsidiary currency for the redemption of such silver certificates.

“The President is authorized, in his discretion, to prescribe different

Seigniorage charges, etc.

terms and conditions and to make different charges, or to collect different seigniorage, for the coinage of silver of foreign production than for the coinage of silver produced in the United States or its dependencies. The silver certificates herein referred to

Legal tender, circulation privilege, etc.

shall be issued, delivered, and circulated substantially in conformity with the law now governing existing silver certificates, except as may herein be expressly provided to the contrary, and shall have and possess all of the privileges and the legal tender characteristics of existing silver certificates now in the Treasury of the United States, or in circulation.

“The President is authorized, in addition to other powers, to

Weight of silver dollar may be reduced.

reduce the weight of the standard silver dollar in the same percentage that he reduces the weight of the gold dollar.

“The President is further authorized to reduce and fix the weight

Subsidiary coins.

of subsidiary coins so as to maintain the parity of such coins with the standard silver dollar and with the gold dollar.”

Sec. 13. All actions, regulations, rules, orders, and proclamations

Designated Executive orders, proclamations, etc., approved.

Ante, pp. 1, 51, 53.

heretofore taken, promulgated, made or issued by the President of the United States or the Secretary of the Treasury, under the Act of March 9, 1933, or under section 43 or section 45 of title III of the Act of May 12, 1933, are hereby approved, ratified, and confirmed.

Sec. 14. (a) The Second Liberty Bond Act, as amended, is further

Second Liberty Bond Act amendments.

Vol. 40, pp. 288, 502, 844; Vol. 46, p. 1506.

U.S.C., p. 1026; Supp. VII, p. 770.

amended as follows: (1) By adding at the end of section 1 (U.S.C., title 31, sec. 752; Supp. VII, title 31, sec. 752), a new paragraph as follows:

“Notwithstanding the provisions of the foregoing paragraph, the

Bonds, other than public issue, permitted.

Secretary of the Treasury may from time to time, when he deems it to be in the public interest, offer such bonds otherwise than as a popular loan and he may make allotments in full, or reject or reduce

Applications and allotments.

allotments upon any applications whether or not the offering was made as a popular loan.”

(2) By inserting in section 8 (U.S.C., title 31, sec. 771), after the

Deposit of proceeds.

Vol. 40, p. 291; U.S.C., p. 1029, amended.

Treasury bills added.

words “certificates of indebtedness”, a comma and the words “Treasury bills”. (3) By striking out the figures “$7,500,000,000” where they

United States notes, issue.

Vol. 40, p. 1310; U.S.C., p. 1026.

appear in section 18 (U.S.C., title 31, sec. 753) and inserting in lieu thereof the figures “$10,000,000,000.” (4) By adding thereto two new sections, as follows:

“Sec. 19. Notwithstanding any other provisions of law, any obligations

Obligations herein authorized may be used to pay outstanding indebtedness, etc.

authorized by this Act may be issued for the purchase, redemption, or refunding, at or before maturity, of any outstanding bonds, notes, certificates of indebtedness, or Treasury bills, of the United States, or to obtain funds for such purchase, redemption, or refunding, under such rules, regulations, terms, and conditions as the Secretary of the Treasury may prescribe.

“Sec. 20. The Secretary of the Treasury may issue any obligations

Short-term non-interest-bearing obligations, on discount basis.

authorized by this Act and maturing not more than one year from the date of their issue on a discount basis and payable at maturity without interest. Any such obligations may also be offered

Sale, on competitive basis.

for sale on a competitive basis under such regulations and upon such terms and conditions as the Secretary of the Treasury may prescribe, and the decisions of the Secretary in respect of any issue shall be final.”

344 (b)

Cumulative sinking fund.

Vol. 40, p. 1311; Vol. 42, p. 1427; Vol. 47, p. 724.

Uses “for refunding purposes” repealed.

Issue of gold certificates authorized.

Section 6 of the Victory Liberty Loan Act (U.S.C., title 31, sec. 767; Supp. VII, title 31, secs. 767–767a) is amended by striking out the words “for refunding purposes”, together with the preceding comma, at the end of the first sentence of subsection (a). (c) The Secretary of the Treasury is authorized to issue gold certificates in such form and in such denominations as he may determine, against any gold held by the Treasurer of the United States, except the gold fund held as a reserve for any United States notes

Limitation.

and Treasury notes of 1890. The amount of gold certificates issued and outstanding shall at no time exceed the value, at the legal standard, of the gold so held against gold certificates.

Sec. 15.

Definitions.

As used in this Act the term “United States” means the Government of the United States; the term “the continental United States” means the States of the United States, the District of Columbia, and the Territory of Alaska; the term “currency of the United States” means currency which is legal tender in the United States, and includes United States notes, Treasury notes of 1890, gold certificates, silver certificates, Federal Reserve notes, and circulating notes of Federal Reserve banks and national banking associations; and the term “person” means any individual, partnership,

Equivalents as between dollars or currency, and gold; face value, etc.

association, or corporation, including the Federal Reserve Board, Federal Reserve banks, and Federal Reserve agents. Wherever reference is made in this Act to equivalents as between dollars or currency of the United States and gold, one dollar or one dollar face amount of any currency of the United States equals such a number of grains of gold, nine tenths fine, as, at the time referred to,

Revaluation provision.

Ante, p. 52.

are contained in the standard unit of value, that is, so long as the President shall not have altered by proclamation the weight of the gold dollar under the authority of section 43, title III, of the Act approved May 12, 1933, as heretofore and by this Act amended, twenty-five and eight tenths grains of gold, nine tenths fine, and thereafter such a number of grains of gold, nine tenths fine, as the President shall have fixed under such authority.

Sec. 16.

Rights reserved.

Saving clause.

The right to alter, amend, or repeal this Act is hereby expressly reserved. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Sec. 17.

Inconsistent Acts, etc., repealed.

All Acts and parts of Acts inconsistent with any of the provisions of this Act are hereby repealed.

Approved, January 30, 1934.

To provide for the establishment of a corporation to aid in the refinancing of farm debts, and for other purposes. 1934-01-31 7 Chapter 48 Stat. 344 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 7.]

AN ACT To provide for the establishment of a corporation to aid in the refinancing of farm debts, and for other purposes.

January 31, 1934.

[H. R. 6670.]

[Public, No. 88.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That there is

Federal Farm Mortgage Corporation Act.

Corporation established to aid in refinancing of farm debts, etc.

Principal office, management, etc.

Board of directors.

hereby established a corporation to be known as the “ Federal Farm Mortgage Corporation ”, hereinafter in this Act referred to as the “ corporation.” The principal office of the corporation shall be located in the District of Columbia and the management of the corporation shall be vested in a board of directors consisting of the Secretary of the Treasury, or an officer of the Treasury designated by him, the Governor of the Farm Credit Administration, hereinafter

Governor, etc.

in this Act referred to as the “ Governor ” and the Land Bank 345Commissioner. The directors shall receive no additional compensation

No additional pay; expenses allowed.

for their services as directors of the corporation, but may be allowed actual necessary traveling and subsistence expenses when engaged in the business of the corporation outside of the District of Columbia. The Governor shall be the chairman of the board of directors. The directors shall have power to adopt such bylaws,

Powers of directors.

rules, regulations, and amendments thereto as they deem necessary for the conduct of the business of the corporation authorized under this Act. The directors shall have power, without regard to the provisions of other laws applicable to the employment and compensation

Employees; pay, duties, etc.

of officers and employees of the United States, to employ and fix the compensation and duties of such agents, officers, and employees of the corporation as may be necessary to carry out the powers and duties conferred upon the corporation by this Act, to require bonds of them and fix the penalties thereof and dismiss

Bonds required.

them at pleasure, and to prescribe the manner in which the obligations of the corporation shall be incurred and its expenses allowed and paid, but the rates of compensation of such agents, officers, and employees of the corporation shall not exceed the rates of compensation

Pay limitations.

U.S.C., p. 65: Supp. VII, p. 34.

prescribed for comparable duties by the Classification Act of vu. p.34. 1923, as amended.

Sec. 2. The corporation shall have succession until dissolved by

Corporation to have succession and general corporate powers.

Act of Congress; shall have power to sue and be sued in any court, to adopt and use a corporate seal, to make contracts, and to acquire, hold, and dispose of real and personal property necessary and incident to the conduct of its business; and shall have such other powers as may be necessary and incident to carrying out its powers and duties under this Act. The corporation shall be entitled to the free

Franking privilege.

use of the United States mails in the same manner as the executive departments of the Government. The corporation, with the consent

Other facilities, etc.

of any board, commission, independent establishment, or executive department of the Government, may avail itself of the use of information, services, facilities, officers, agents, and employees thereof, in carrying out the provisions of this Act.

Sec. 3. The capital of the corporation shall be in the sum of

Capital; subscribed by United States.

$200,000,000, which shall be subscribed by the Governor on behalf of the United States in such amounts and at such times as he deems necessary for the purposes of the corporation. For the purpose of such capital subscription, the funds and proceeds thereof made available

Funds available to Land Bank Commissioner.

Ante, p. 48.

to the Land Bank Commissioner under section 32 of the Emergency Farm Mortgage Act of 1933 and the mortgages taken by Commissioner and the credit instruments secured thereby are hereby transferred to the corporation.

Sec. 4. (a) With the approval of the Secretary of the Treasury,

Bond issue authorized; aggregate amount.

the corporation is authorized to issue and have outstanding at any one time bonds in an aggregate amount not exceeding $2,000,000,000. Such bonds shall be in such forms and denominations, shall have such maturities, shall bear such rates of interest, shall be subject to

Maturities, interest, etc.

such terms and conditions, and shall be issued in such manner and sold at such prices, as may be prescribed by the corporation, with the approval of the Secretary of the Treasury. Such bonds shall

To be unconditionally guaranteed.

be fully and unconditionally guaranteed both as to interest and principal by the United States and such guaranty shall be expressed on the face thereof, and such bonds shall be lawful investments, and

Lawful investment and security for public funds.

may be accepted as security, for all fiduciary, trust, and public funds the investment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof. In

Secretary of Treasury to purchase if corporation unable to pay.

the event that the corporation shall be unable to pay upon demand, 346when due, the principal of, or interest on, such bonds, the Secretary of the Treasury shall pay to the holder the amount thereof which is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, and thereupon to the extent of the amount so paid the Secretary of the Treasury shall succeed to

Purchase of corporation bonds.

all the rights of the holders of such bonds. The Secretary of the Treasury, in his discretion, is authorized to purchase any bonds of the corporation issued hereunder, and for such purpose the Secretary

Available funds.

of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities hereafter issued under the

Vol. 40, p. 288; U.S.C., p. 1026; Supp. VII, p. 770.

Second Liberty Loan Act, as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases of the corporation’s bonds hereunder. The Secretary of the Treasury may, at any time, sell any of the bonds of the corporation acquired by him under this section. All redemptions,

Operations to be treated as public debt transactions.

purchases, and sales by the Secretary of the Treasury of the bonds of the corporation shall be treated as public debt transactions of the United States. Such bonds shall be fully and adequately

Security.

secured by such assets of the corporation and in such manner as shall be prescribed by its board of directors. The corporation shall have

Open market purchases.

power to purchase such bonds in the open market at any time and at any price. On such terms and conditions as may be agreed upon,

Exchange for consolidated farm loan bonds.

the corporation may exchange such bonds, upon application of any Federal land bank for consolidated farm loan bonds of equal face value issued under the Federal Farm Loan Act, as amended, and may exchange such consolidated farm loan bonds held by it for bonds of the corporation of equal face value.

Purchase of such bonds authorized.

(b) The corporation is further authorized to purchase from time to time, for cash, such consolidated farm-loan bonds at such prices and upon such terms as may be approved by the board of directors

Investments in direct mortgage loans.

Ante, p. 48.

of the corporation, to make loans to Federal land banks on the security of such consolidated bonds, and to invest its funds in mortgage loans made under section 32 of the Emergency Farm Mortgage Act of 1933, as amended.

Form, delivery, etc., of bonds.

(c) In order to furnish bonds for delivery by the Federal Farm Mortgage Corporation, the Secretary of the Treasury is hereby authorized to prepare suitable bonds in such form, subject to the C revisions of this Act, as the board of directors may approve, such bonds when prepared to be held in the Treasury subject to delivery

Custody of plates, etc.

upon order of the corporation. The engraved plates, dies, bedpieces, and so forth, executed in connection therewith shall remain

Reimbursement.

in the custody of the Secretary of the Treasury. The corporation shall reimburse the Secretary of the Treasury for any expenditures made in the preparation, custody, and delivery of such bonds.

Bond issues by Federal land bank to cease in 90 days.

Ante, p. 41.

Sec. 5. After ninety days after the enactment of this Act, no Federal land bank shall issue any bonds under the provisions of the last paragraph of section 32 of the Federal Farm Loan Act, as amended,

Except for refinancing.

subject to the guarantee of interest on such bonds by the United States except for the purpose of refinancing any bond which is or has been issued subject to such guarantee of interest.

Federal Farm Loan Act, amendment.

Vol. 39, p. 367; Vol. 47, p. 1547.

Loans in Farm Mortgage Corporation bonds.

Vol. 39, p. 372.

Ante, p. 42.

U.S.C., Supp. VII, p. 193.

Sec. 6. Direct loans made under section 7 of the Federal Farm Loan Act, as amended (U.S.C., Sup. VII, title 12, sec. 723), may, at the option of the Federal land bank, lie made in bonds of the Federal Farm Mortgage Corporation.

Sec. 7. The thirteenth paragraph of section 12 of the Federal Farm Loan Act, as amended (U.S.C., Sup. VII, title 12, sec. 772), is amended to read as follows: 347

“Amounts transmitted to farm loan associations by Federal land

Disbursements for loans; optional classes.

banks to be loaned to its members shall, at the option of the bank, be in current funds or Federal Farm Mortgage Corporation bonds, or, at the option of the borrower, in farm loan bonds.”

Sec. 8. (a) Section 13 of the Federal Farm Loan Act, as amended

Vol. 39, p. 372.

Ante, p. 42.

U.S.C., Supp. VII, p. 195.

(U.S.C., Sup. VII, title 12, sec. 781), is amended by inserting at the end thereof the following new paragraphs:

Interchange of bonds.

“ Fifteenth. To exchange farm loan bonds for Federal Farm Mortgage Corporation bonds of equal face value, and to purchase Federal Farm Mortgage Corporation bonds at or below par.

“ Sixteenth. To exchange Federal Farm Mortgage Corporation bonds for farm loan bonds of equal face value.”

(b) The seventh paragraph of section 22 of the Federal Farm

Vol. 39, p. 378; U.S.C., p. 311.

Loan Act, as amended (U.S.C., title 12, sec. 897), is amended by adding the following after the first subparagraph (d) thereof: “(e) To purchase Federal Farm Mortgage Corporation bonds.”

To purchase Corporation bonds.

Ante, p. 48.

Land Bank Commissioner authorized to make loans on behalf of Corporation until February 1, 1936.

Sec. 9. Section 32 of the Emergency Farm Mortgage Act of 1933 (U.S.C., Sup. VII, title 12, sec. 1016) is amended by inserting at the end thereof the following: “Until February 1, 1936, the Land Bank Commissioner shall, in his name, make loans under this section on behalf of the Federal Farm Mortgage Corporation, either in cash or in bonds of the corporation at his election, but no such loans shall be made by him after February 1, 1936, except for the purpose of refinancing loans previously made by him under this section. Not

Sums made available.

to exceed $600,000,000 of the bonds and proceeds thereof issued under section 4 of the Federal Farm Mortgage Corporation Act are hereby made available for the purposes of this section, in addition to the amounts transferred to such corporation under section 3 of such Act.”

Sec. 10. Section 32 of the Emergency Farm Mortgage Act of 1933

Maximum loan increased.

Ante, p. 48.

Corporation to act as U.S. fiscal agents.

Ante, p. 267; U.S.C., Supp. VII, p. 216.

is amended by striking out “$5,000” and inserting in lieu thereof “$7,500.”

Sec. 11. Section 62 of the Farm Credit Act of 1933 (relating to fiscal agents of the United States) (U.S.C., Sup. VII, title 12. sec. 1138b) is amended by inserting after “Associations,” the following: “the Federal Farm Mortgage Corporation,”.

Sec. 12. (a) The corporation, including its franchise, its capital,

To be exempt from taxes, except real property taxes.

reserves, and surplus, and its income shall be exempt from all taxation now or hereafter imposed by the United States, by any Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority; except that any real property of the corporation shall be subject to State, Territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed. (b) Mortgages executed to the Land Bank Commissioner and

Mortgages and credit instruments deemed Federal instrumentalities.

mortgages held by the corporation, and the credit instruments secured thereby, and bonds issued by the corporation under the provisions of this Act, shall be deemed and held to be instrumentalities of the Government of the United States, and as such they

Tax exemptions.

Post, p. 360.

and the income derived therefrom shall be exempt from Federal,

Exceptions.

State, municipal, and local taxation (except estate, inheritance, and gift taxes).

Sec. 13. Section 64 of the Farm Credit Act of 1933 (relating to

Unlawful acts and penalties therefor.

Certain statutory provisions extended to Corporation and intermediate credit banks.

Ante, p. 267; U.S.C., Supp. VII, p. 217.

unlawful acts and penalties) (U.S.C., Sup. VII, title 12, sec. 1138d) is amended by inserting after “Farm Credit Administration” where-ever such phrase appears a comma and the following: “any Federal intermediate credit bank, or the Federal Farm Mortgage Corporation,”.

348

Designated funds transferred to the Governor of the Farm Credit Administration.

Ante, p. 208.

U.S.C., Supp. VII, p. 215.

Sec. 14. Paragraph (2) of subsection (a) of section 5 of the Farm Credit Act of 1933 (U.S.C., Sup. VII, title 12, sec. 1131i) is amended by striking out the period at the end thereof and inserting a comma and the following: “and the notes or other obligations evidencing such advances and loans and the security therefor are hereby transferred to the Governor of the Farm Credit Administration.”

Ante, p. 258.

Sec. 15. (a) Section 5 of the Farm Credit Act of 1933 (U.S.C., Sup. VII, title 12, sec. 1131i) is amended by inserting at the end thereof the following new subsection:

Revolving fund established, from allocations to Farm Credit Administration.

“(e) The amount of all balances, collections, and appropriations allocated under subsection (a) to the revolving fund created thereunder, which is in excess of $120,000,000, is hereby made available to the Governor of the Farm Credit Administration for the establishment

Use by the Governor in subscribing to stock, etc., of intermediate credit banks.

of a revolving fund of not to exceed $40,000,000. Out of such revolving fund, the Governor is authorized to allocate and, with the approval of the Secretary of the Treasury, to expend such amounts as he deems necessary for subscriptions to the capital stock and/or paid-in surplus of Federal Intermediate Credit Banks.”

Farm Loan Act amendment.

Increase of capital stock permitted.

Vol. 42, p. 1457; U.S.C., Supp. VII, p. 210.

(b) The first sentence of section 205 of the Federal Farm Loan Act (U.S.C., Sup. VII, title 12, sec. 1061), as amended, is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “which amount may be increased from time to time with the approval of the Governor of the Farm Credit Administration”.

Federal Intermediate Credit Banks.

Governor to subscribe to stock, etc., of, to meet credit needs of borrowers.

Vol. 42, p. 1457; U. S. C., p. 317.

(c) Section 205 of the Federal Farm Loan Act (U.S.C., title 12, sec. 1061), as amended, is further amended by adding at the end thereof the following: “With the approval of the Secretary of the Treasury, the Governor of the Farm Credit Administration is hereby authorized to subscribe from time, to time to the capital stock and/or paid-in surplus of any Federal Intermediate Credit Bank on behalf of the United States, in such amounts as he may determine are necessary for tire purpose of meeting the credit needs of eligible borrowers from the bank, and the amount of the capital stock and paid-in surplus of such bank may be increased or decreased from

Shares, etc.

time to time by the Governor, in accordance with such needs. Such stock shall be divided into shares of $100 each and subscriptions to such paid-in surplus shall be made in multiples of $100 out of the revolving fund created under subsection (e) of section 5 of the

Payments.

Farm Credit Act of 1933, as amended. The Governor on behalf of the United States shall make payment for stock and paid-in surplus of such bank and such payment shall be subject to call in whole or in part by the board of directors of the bank, with the approval of the Governor.”

Federal Reserve banks.

Advances by, on deposit of Corporation bonds.

U.S.C., p. 282.

Ante, p. 180.

Sec. 16. (a) The first sentence of the eighth paragraph of section 13 of the Federal Reserve Act, as amended, is further amended by inserting before the semicolon after the words “section 13 (a) of this Act” a comma and the following: “or by the deposit or pledge of Federal Farm Mortgage Corporation bonds issued under the Federal Farm Mortgage Corporation Act.”

May deal in Corporation bonds.

Vol 38, p. 265; U.S.C. p. 282.

(b) Paragraph (b) of section 14 of the Federal Reserve Act, as amended (U.S.C., title 12, secs. 353–358), is further amended by inserting after the words “bonds and notes of the United States” a comma and the following: “bonds of the Federal Farm Mortgage Corporation having maturities from date of purchase of not exceeding six months.”

Separability provisions.

Sec. 17. (a) If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. 349 (b) The right to alter, amend, or repeal this Act is hereby expressly reserved.

Sec. 18. This Act may be cited as the “Federal Farm Mortgage Corporation Act”.

Approved, January 31, 1934.

To provide appropriations to carry into effect the Act entitled “An Act to control the manufacture, transportation, possession, and sale of alcoholic beverages in the District of Columbia”, approved January 24, 1934. 1934-02-02 8 Chapter 48 Stat. 349 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 8.]

JOINT RESOLUTION To provide appropriations to carry into effect the Act entitled “An Act to control the manufacture, transportation, possession, and sale of alcoholic beverages in the District of Columbia”, approved January 24, 1934.

February 2, 1934.

[H. J. Res. 250.]

[Pub. Res., No. 13.]

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

That for carrying into

District of Columbia Alcoholic Beverage Control Act.

Appropriation for executing, fiscal year 1934.

Ante, p. 319.

effect the provisions of the Act entitled “An Act to control the manufacture, transportation, possession, and sale of alcoholic beverages in the District of Columbia”, approved January 24, 1934, there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the service of the fiscal year ending June 30, 1934, and payable from the revenues of the District of Columbia, the following

From District revenues.

sums, respectively:

district of columbia

Alcoholic Beverage Control Board: For personal services, rent,

Alcoholic Beverage Control Board.

advertising, printing and binding, office equipment and supplies, street-car and bus transportation, telephone service, and other necessary contingent and miscellaneous expenses, $23,054.

Office of corporation counsel: For an additional amount for personal

Corporation counsel’s office.

services, $3,613.

Approved, February 2, 1934.

To amend an Act approved March 4, 1929 (45 Stat. 1548), entitled “An Act to supplement the last three paragraphs of section 5 of the Act of March 4, 1915 (38 Stat. 1161), as amended by the Act of March 21, 1918 (40 Stat. 458).” 1934-02-14 9 Chapter 48 Stat. 349 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 9.]

AN ACT To amend an Act approved March 4, 1929 (45 Stat. 1548), entitled “An Act to supplement the last three paragraphs of section 5 of the Act of March 4, 1915 (38 Stat. 1161), as amended by the Act of March 21, 1918 (40 Stat. 458).”

February 14, 1934.

[S. 157.]

[Public, No. 89.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act

Desert-land entries, public lands.

Vol. 45, p. 1548; Vol. 38, p. 1161; Vol. 40, p. 458.

approved March 4, 1929 (45 Stat. 1548), entitled “An Act to supplement the last three paragraphs of section 5 of the Act of March 4, 1915 (38 Stat. 1161), as amended by the Act of March 21, 1918 (40 Stat. 458)”, be amended to read as follows:

“That where it shall be made to appear to the satisfaction of the

Relief granted certain entrymen, unable to obtain water.

Secretary of the Interior with reference to any lawful pending desert-land entry made prior to July 1, 1925, under which the entryman or his duly qualified assignee under an assignment made prior to the date of this Act has in good faith expended the sum of $3 per acre in the attempt to effect reclamation of the land, that there is no reasonable prospect that he would be able to secure water sufficient to effect reclamation of the irrigable land in his entry or any legal subdivision thereof, the Secretary of the Interior may, in his discretion, allow such entryman or assignee ninety days from notice within which to pay to the register of the United States land office

Conditions proscribed.

25 cents an acre for the land embraced in the entry and to file an election to perfect title to the entry under the provisions of this Act, and thereafter within one year from the date of filing of such election to pay to the register the additional amount of 75 cents an acre, 350

Proviso.

Entry to be canceled if final payment not met.

which shall entitle him to a patent for the land: Provided, That in case the final payment be not made within the time prescribed the entry shall be canceled and all money theretofore paid shall be forfeited.”

Approved, February 14, 1934.

Authorizing the conveyance of certain lands to School District Numbered 28, Deschutes County, Oregon. 1934-02-14 10 Chapter 48 Stat. 350 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 10.]

AN ACT Authorizing the conveyance of certain lands to School District Numbered 28, Deschutes County, Oregon.

February 14, 1934.

[S. 284.]

[Public, No. 90.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Deschutes County, Oreg., School District No. 28.

of the Interior is authorized and directed to convey, by quitclaim deed, to School District Numbered 28, Deschutes County, Oregon,

Conveyance of certain lands to, for school purposes.

for use for school purposes, the following-described area: The southwest quarter southwest quarter southwest quarter section 27, township 17 south, range 13 east, Williamette ¹¹So in original.meridian; but if such school district fails to use such lands for the purposes herein provided, or attempts to alienate such lands, title thereto shall revert to the United States.

Approved, February 14, 1934.

To provide for extension of time for making deferred payments on homestead entries in the abandoned Fort Lowell Military Reservation, Arizona. 1934-02-14 11 Chapter 48 Stat. 350 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 11.]

AN ACT To provide for extension of time for making deferred payments on homestead entries in the abandoned Fort Lowell Military Reservation, Arizona.

February 14, 1934.

[S. 1774.]

[Public, No. 91.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the time

Fort Lowell Military Reservation, Ariz.

Time extended for making deferred payments on homestead entries in.

Vol. 47, p. 153.

within which a homestead entryman for lands in the abandoned Fort Lowell Military Reservation, in the State of Arizona, shall make deferred payments be, and it is hereby, extended for a period of two years from the 1933 anniversary of the date of the acceptance of his proof tendered on his entry.

Approved, February 14, 1934.

To amend section 5 of the Act approved July 10, 1890 (28 Stat. 664 ), relating to the admission into the Union of the State of Wyoming. 1934-02-15 12 Chapter 48 Stat. 350 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 12.]

AN ACT To amend section 5 of the Act approved July 10, 1890 (28 Stat. 664 ¹¹So in original.), relating to the admission into the Union of the State of Wyoming.

February 15, 1934.

[S. 313.]

[Public, No. 92.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 5 of

Wyoming, school lands.

Vol. 26, p. 223, amended.

the Act approved July 10, 1890 (28 Stat. 664 ¹¹So in original.), be, and the same is hereby, amended to read as follows:

Proceeds from sales of, to constitute permanent school fund.

“ That all lands herein granted for educational purposes shall be disposed of only at public sale, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the

Leases allowed for mineral, grazing, agricultural, etc., purposes.

support of said schools. But said lands may, under such regulations as the legislature shall prescribe, be leased for mineral, grazing,

Terms of, limited.

agricultural, or other purposes, provided that the term of agricultural and grazing leases shall not exceed 10 years; mineral leases including leases for exploration for oil and gas and the extraction

Restriction.

thereof for a term not longer than ten years; and such land shall not be subject to preemption, homestead entry, or any other entry 351under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only.”

Sec. 2. Anything in the said Act approved July 10, 1890, inconsistent

Inconsistent provisions repealed.

with the provisions of this Act is hereby repealed.

Approved, February 15, 1934.

Making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the Civil-Works program, and for other purposes. 1934-02-15 13 Chapter 48 Stat. 351 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 13.]

AN ACT Making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the Civil-Works program, and for other purposes.

February 15, 1934.

[H. R. 7527.]

[Public, No. 93.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That in order to

Federal Emergency Relief Act of 1933.

Appropriation of additional funds for maintenance of, and for continuing the Civil-Works program.

Ante, pp. 55, 200.

provide additional funds for carrying out the purposes of the Federal Emergency Relief Act of 1933, approved May 12, 1933 (48 Stat. 55), and for continuing the Civil-Works program under the Federal Civil Works Administration as created under authority of title II of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), there is hereby appropriated for these activities, out of any money in the Treasury not otherwise appropriated, to remain available

Availability.

Post, p. 1056.

until June 30, 1935, the sum of $950,000,000, which shall be available for expenditure for such projects and/or purposes anti under such rules and regulations as the President in his discretion may prescribe: Provided, That nothing contained in the Federal

Provisos.

Direct grants to public agency within States.

Emergency Relief Act of 1933 shall be construed as precluding the Federal Emergency Relief Administrator from making grants for relief within a State directly to such public agency as he may designate: Provided further, That the provisions of the Act entitled

Employees Compensation Act.

“An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for

Provisions of, extended to civil works employees.

Vol.39, p. 742; U.S.C., p. 80.

other purposes”, approved September 7, 1916 (U.S.C., title 5, sec. 785), as amended, are hereby extended, so far as they may be applicable, to employees of the Federal Civil Works Administration only for disability or death resulting from traumatic injury while in the performance of duty, subject, however, to the following conditions

Conditions and limitations.

Total aggregate and monthly compensation.

and limitations: (a) that the total aggregate compensation in any individual case shall not exceed the sum of $3,500, and that the monthly compensation shall not in any event exceed the rate of $25, both exclusive of medical costs; (b) that the minimum limit on monthly compensation for disability, established by section 6, and the minimum limit on the monthly pay on which death compensation is to be computed, established by clause (K) of section 10, shall not apply; (c) that the United States Employees’ Compensation Commission,

Vol. 39, pp. 743, 745.

Special schedule of compensation for death, etc.

with the approval of the President, shall establish a special schedule of compensation for death and/or for the loss or loss of use of members or functions of the body, which compensation shall be in lieu of all other compensation in such cases; (d) that the rights

Rights accrued under previous acts to terminate.

of any person employed by the Federal Civil Works Administration to compensation or other benefits which may have accrued prior to and including the date of approval of this Act under the provisions of the Act of September 7, 1916, as amended (U.S.C., title 5, chap.

U.S.C., p. 76.

15), and/or the rules and regulations of the Federal Civil Works Administration shall terminate upon the date of the approval of this Act; and thereafter compensation and other benefits to any such

Benefits subject to provisions hereof.

person for death or disability arising before or after the date of the approval of this Act shall be paid in accordance with the provisions hereof; (e) that the said Commission is hereby authorized in its 352

Payments through local administrators.

discretion to provide for the initial payments of compensation and the furnishing of immediate medical attention as herein provided through the local representatives of the Federal Civil Works Administration;

Approval required of claim for legal, etc., services; penalty for violation.

(f) that no claim for legal services or for any other services rendered in respect of a claim or award for compensation, to or on account of any person, shall be valid unless approved by the Commission; and any person who receives any fee, other consideration, or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the Commission, or, who makes it a business to solicit employment for a lawyer or for himself in respect of any claim or award for compensation, shall be guilty of a misdemeanor, and upon conviction thereof, shall, for each offense, be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or by both such fine and imprisonment:

Provisos.

Traumatic injury defined.

Provided further, That traumatic injury shall mean only injury by accident causing damage or harm to the physical structure of the body and shall not include a disease in any form except as it shall

Special fund for administrative expenses created.

naturally result from the injury: And Provided further, That so much of the sum appropriated by this Act as the United States Employees’ Compensation Commission, with the approval of the Director of the Budget, estimates and certifies to the Secretary of the Treasury will be necessary for administrative expenses and for the payment of such compensation shall be set aside in a special fund

Annual appropriation authorized.

to be administered by the Commission for such purposes; and after June 30, 1935, such special fund shall be available for these purposes annually in such amounts as may be specified therefor in the annual

Allocation restrictions.

appropriation acts: Provided further, That no part of the appropriation herein made shall be allotted for expenditure for any Civil Works project under any other department or establishment of the

Completing projects permitted.

Federal Government except for the completion of projects for the improvement of Federal lands or public property in progress and uncompleted on the date of the approval of this Act, and except

Maintenance of designated agencies, etc.

such sums as may be necessary for maintenance and operation of reemployment agencies, and medical, surgical, and hospital services, and for administration, supervision, inspection, disbursing, and

Purchases without advertising.

R.S., sec. 3709, p. 733; U.S.C., p. 1309.

accounting purposes, and printing and binding, in connection with State and/or local Civil Works projects: Provided further, That section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) shall not be construed to apply to any purchase or service rendered for the Federal Civil Works Administration when the aggregate amount involved does not exceed the sum of $300.

Public works emergency construction fund.

Extending date for obligations under, to September 1, 1934.

Vol. 47, p. 716, amended.

Sec. 2. That paragraph (1) of subsection (a) of section 301 of title III of Public Law Numbered 302, Seventy-second Congress, approved July 21, 1932—the Emergency Relief and Construction Act of 1932—is amended by striking out the date “July 1, 1933” where it appears in said paragraph and inserting in lieu thereof the date “September 1, 1934.”

Approved, February 15, 1934.

To amend the Act of March 4, 1933, relating to the regulation of banking in the District of Columbia. 1934-02-16 14 Chapter 48 Stat. 352 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 14.]

AN ACT To amend the Act of March 4, 1933, relating to the regulation of banking in the District of Columbia.

February 16, 1934.

[S. 2465.]

[Public, No. 94.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled,

That subsection

Banking regulations, District of Columbia.

Vol. 47, p. 1566.

(a) of section 4 of the Act entitled “An Act to further regulate banking, banks, trust companies, and building and loan associations 353in the District of Columbia, and for other purposes ”, approved

Double liability on bank stock; provision repealed.

March 4, 1933, is hereby repealed. repealed.

Sec. 2. The additional liability imposed by subsection (b) of

Shareholders’ liability not applicable to new stock issues.

section 4 of such Act upon the shareholders of the savings banks, savings companies, and banking institutions specified in such subsection (b), shall not apply with respect to shares in any such savings bank, savings company, or banking institution issued after the date of enactment of this Act.

Approved, February 16, 1934.

Granting certain property to the State of Michigan for institutional purposes. 1934-02-19 15 Chapter 48 Stat. 353 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 15.]

AN ACT Granting certain property to the State of Michigan for institutional purposes.

February 19, 1934.

[S. 2152.]

[Public, No. 95.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That there is

Mount Pleasant Indian School.

Conveyance of property of, to Michigan, for institutional purposes.

hereby granted to the State of Michigan for institutional purposes the property known and designated as the “ Mount Pleasant Indian School ”, located at Mount Pleasant, Michigan, such grant to include the land and buildings and such equipment as may be designated by the Secretary of the Interior: Provided, That this grant shall be

Provisos.

Date of acceptance.

effective at any time prior to July 1, 1934, if, before that date, the Governor of the State of Michigan on behalf of the State files an acceptance thereof with the Secretary of the Interior: Provided further, That right is reserved by the Secretary of the Interior to

Reservation.

retain until July 1, 1934, dormitory and other space needed for the housing and care or Indian pupils now accommodated at said school: Provided further, That as a condition precedent to this grant Indians

Admittance of Indians into State institutions.

resident within the State of Michigan will be accepted in State institutions on entire equality with persons of other races, and without cost to the Federal Government.

Approved, February 19, 1934.

To authorize an increase in the number of directors of the Washington Home for Foundlings. 1934-02-20 16 Chapter 48 Stat. 353 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 16.]

AN ACT To authorize an increase in the number of directors of the Washington Home for Foundlings.

February 20, 1934.

[S.1659.]

[Public, No. 96.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act

District of Columbia.

Washington Home for Foundlings.

Vol. 16, p. 92, amended.

entitled “An Act for incorporating a hospital for foundlings in the city of Washington”, approved April 22, 1870, as amended, is amended by striking out section 3 of said Act and by inserting in lieu thereof the following new section:

“ Sec. 3. The management of said hospital shall be under the control

Authority to change number of directors, conferred.

of a board of directors. The number of directors shall be fixed in the bylaws of the corporation and may be increased or decreased from time to time as may be provided in said bylaws. The board of directors shall have power to appoint all officers and committees necessary to the proper administration of the affairs of the corporation.”

Approved, February 20, 1934.

To provide for loans to farmers for crop production and harvesting during the year 1934, and for other purposes. 1934-02-23 23 Chapter 48 Stat. 354 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 354 [CHAPTER 23.]

AN ACT To provide for loans to farmers for crop production and harvesting during the year 1934, and for other purposes.

February 23, 1934.

[S. 1975.]

[Public, No. 97.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Governor

Loans to farmers authorized for crop production during 1934.

Post, p. 402.

of the Farm Credit Administration, hereinafter in this Act referred to as the “ Governor ”, is hereby authorized to make loans to farmers

Vol. 47, p. 795.

during the year 1934 for crop production, planting, fallowing, and cultivation and, to the extent of not exceeding $1,000,000, for feed

Feed for livestock.

for livestock in drought- and storm-stricken areas.

Liens required.

Sec. 2. (a) A first lien on all crops growing or to be planted or grown or harvested during the year 1934, or on livestock, shall be

Proviso.

Summer fallowing, etc., security.

required as security for any such loan: Provided, however, That in the case of a loan for the purpose of summer fallowing or the production of winter wheat, a first lien, or an agreement to give a first lien, on crops to be harvested in 1935 may, in the discretion of the

Loans made under rules, etc., of Governor.

Governor, be deemed sufficient security. Except as hereinafter provided, such loans shall be made through such agencies, upon such terms and conditions, and subject to such regulations as the Governor

Recording, etc., fees.

shall prescribe. Recording and other fees in connection with such loans shall not exceed $1 in any case, which shall be paid by the Farm Credit Administration. Loans made pursuant to the provisions of

Interest rate.

Collecting loans.

this Act shall bear interest at the rate of not to exceed 5½ per centum per annum. For the purpose of collecting loans made under this Act and under prior Acts of the same general character, the Governor may use the facilities and services of the Farm Credit Administration or of any officer or officers thereof and may pay for such

Post, p. 355.

services and the use of such facilities from the funds made available under section 5 hereof for the payment of necessary administrative expenses; and such institutions are hereby expressly empowered to enter into agreements with the Governor for such purposes.

Limit on individual loans.

(b) The amount which may be loaned to any borrower pursuant to this Act shall not exceed $250 unless, in the opinion of the Governor, the circumstances surrounding the loan are such as to warrant a larger amount, in which event the borrower shall be entitled to

Proviso.

Distressed emergency areas.

a loan not in excess of $400: Provided, however, That in any area certified by the President of the United States to the Governor as a distressed emergency area, the Governor may make loans without regard to the foregoing limitations, under such regulations and for such time as he may prescribe therefor.

Conditions of loan.

(c) No loan shall be made under this Act to any applicant who shall not have first established to the satisfaction of the proper officer or employee of the Farm Credit Administration, under such regulations

Applicant unable to procure elsewhere.

as the Governor may prescribe (1) that such applicant is unable to procure from other sources a loan in an amount reasonably adequate to meet his needs for the purposes for which loans may be

Applicant to cooperate under Agricultural Adjustment Act program.

Ante, p. 31.

made under this Act; and (2) that such applicant is cooperating directly in the crop production control program of the Agricultural Adjustment Administration or is not proposing to increase his 1934 production of basic agricultural commodities in a manner detrimental to the success of such program.

Loans declared to be impressed with a trust for designated purposes.

Sec. 3. (a) The moneys authorized to be loaned by the Governor under this Act are declared to be impressed with a trust to accomplish the purposes provided for by this Act, namely, the production, planting, fallowing, cultivation of crops, and feed for farm livestock, which trust shall continue until the moneys loaned pursuant to this 355Act have been used for the purposes contemplated by this Act, and it shall be unlawful for any person to make any material false representation

False representation to obtain loan.

for the purpose of obtaining any loan or to assist in obtaining such loan or to dispose of or assist in disposing of any crops given as security for any loan made under authority of this Act, except for the account of the Governor, and for the purpose of carrying out the provisions of this Act. (b) It shall be unlawful for any person to charge a fee for the

Fees for preparing applications unlawful.

purpose of preparing or assisting in the preparation of any papers of an applicant for a loan under the provisions of this Act. (c) Any person violating any of the provisions of this Act shall

Punishment for.

be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a line not exceeding $1,000 or by imprisonment not exceeding six months, or both.

Sec. 4. The Governor shall have power, without regard to the

Appointment of personnel.

provisions of other laws applicable to the employment and compensation of officers and employees

Compensation under classification act.

Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.

of the United States, to employ and fix the compensation and duties of such agents, officers, and employees compensation under as may be necessary to carry out the purposes of this Act; but the compensation of such officers and employees shall correspond, so far as may be practicable, to the rates established by the Classification Act of 1923, as amended.

Sec. 5. There is hereby authorized to be appropriated, out of any

Sum authorized.

Post, p. 402.

money in the Treasury not otherwise appropriated, the sum of $40,000,000, or so much thereof as may be necessary, to carry out the provisions of this Act. Any moneys so appropriated, and all

Use for administration allowed.

collections of both principal and interest on loans made under this Act, may be used by the Governor for all necessary administrative expenses in carrying out the provisions of this Act and in collecting

Collecting outstanding loans.

Vol. 47, p. 795.

outstanding balances on crop production, seed and feed loans made under the Act entitled “ An Act to provide for loans to farmers for crop production and harvesting during the year 1933, and for other purposes ”, approved February 4, 1933, or under prior legislation of the same general character.

Approved, February 23, 1934.

To extend the time for completing the construction of a bridge across the Delaware River near Trenton, New Jersey. 1934-02-24 24 Chapter 48 Stat. 355 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 24.]

AN ACT To extend the time for completing the construction of a bridge across the Delaware River near Trenton, New Jersey.

February 24, 1934.

[S. 2029.]

[Public, No. 98.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the time for

Delaware River.

Time extended for bridging, at Trenton, N.J.

Vol. 37, p. 492; Vol. 46, p. 1041, amended.

completing the construction of the bridge authorized by Act of Congress approved August 24, 1912, to be built by The Pennsylvania Railroad Company and the Pennsylvania and Newark Railroad Company across the Delaware River near the city of Trenton, New Jersey, which has heretofore been extended by Congress to August 24, 1934, is hereby extended for a further period of three years from the last named date: Provided, That it shall not be lawful to complete

Proviso.

Resubmission of plans required.

or commence the completion of said bridge until plans thereof shall again be submitted to and approved by the Chief of Engineers and by the Secretary of War.

Sec. 2. That the right to alter, amend, or repeal this Act is

Amendment.

hereby expressly reserved.

Approved, February 24, 1934.

To declare Noxubee River in Noxubee County, Mississippi, to be a nonnavigable stream. 1934-02-24 25 Chapter 48 Stat. 356 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 356 [CHAPTER 25.]

AN ACT To declare Noxubee River in Noxubee County, Mississippi, to be a nonnavigable stream.

February 24, 1934.

[S. 2337.]

[Public, No. 99.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That that portion

Noxubee River.

Portion of, in Noxubee County, Miss., declared nonnavigable.

of the Noxubee River in Noxubee County, in the State of Mississippi be, and the same is hereby, declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States.

Amendment.

Sec. 2. That the right of Congress to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, February 24, 1934.

Granting the consent of Congress to the State of Oregon to maintain a bridge already constructed across Youngs Bay near the city of Astoria, Oregon. 1934-02-24 26 Chapter 48 Stat. 356 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 26.]

AN ACT Granting the consent of Congress to the State of Oregon to maintain a bridge already constructed across Youngs Bay near the city of Astoria, Oregon.

February 24, 1934.

[S. 2372.]

[Public, No. 100.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent

Youngs Bay.

Oregon may maintain existing bridge, near Astoria.

Vol. 34, p. 84.

of Congress is hereby granted to the State of Oregon, and its successors and assigns, to maintain and operate, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable water”, approved March 23, 1906, a bridge and approaches thereto already constructed across Youngs

Construction legalized.

Bay near the city of Astoria, Oregon, which bridge is hereby declared to be a lawful structure to the same extent and in the same manner as if it had been constructed in accordance with the provisions of said Act of March 23, 1906.

Amendment.

Sec. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, February 24, 1934.

To extend the time for completing the construction of a bridge across the Missouri River at or near South Omaha, Nebraska. 1934-02-24 27 Chapter 48 Stat. 356 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 27.]

AN ACT To extend the time for completing the construction of a bridge across the Missouri River at or near South Omaha, Nebraska.

February 24, 1934.

[H. R. 6370.]

[Public, No. 101.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the time for

Missouri River.

Time extended for bridging, at South Omaha, Nebr.

Vol. 46, pp. 547, 1192.

the construction of a bridge across the Missouri River at or near South Omaha, Nebraska, authorized by section 4 of the Act of Congress approved June 10, 1930, heretofore extended by an Act of Congress approved February 20, 1931, is hereby further extended one year from June 10, 1934.

Amendment.

Sec. 2. The right to alter, amend, or repeal this Act is reserved.

Approved, February 24, 1934.

Authorizing the State of Pennsylvania and the State of New Jersey to construct, maintain, and operate a toll bridge across the Delaware River at a point between Easton, Pennsylvania, and Phillipsburg, New Jersey. 1934-02-24 28 Chapter 48 Stat. 356 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 28.]

AN ACT Authorizing the State of Pennsylvania and the State of New Jersey to construct, maintain, and operate a toll bridge across the Delaware River at a point between Easton, Pennsylvania, and Phillipsburg, New Jersey.

February 24, 1934.

[H. R. 6794.]

[Public, No. 102.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That in order to

Delaware River.

Pennsylvania and New Jersey may bridge between Easton, Pa., and Phillipsburg, N.J.

promote interstate commerce, improve the postal service, and provide for military and other purposes, the State of Pennsylvania and the 357State of New Jersey be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Delaware River, at a point suitable to the interests of navigation, at or near Easton, Pennsylvania, and Phillipsburg, New Jersey, in accordance with the provisions of the Act entitled “An Act to regulate

Construction.

Vol. 34, p. 84.

the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. There is hereby conferred upon the State of Pennsylvania

Right to acquire real estate, etc., for location, approaches, etc.

and the State of New Jersey all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation of such bridge and its approaches, as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation

Condemnation proceedings.

therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State.

Sec. 3. The said State of Pennsylvania and the State of New

Tolls authorized.

Vol. 34, p. 85.

Jersey are hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

Sec. 4. In fixing the rates of toll to be charged for the use of such

Rates applied to operation, sinking fund, etc.

bridge the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of such bridge and its approaches, including reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period of not to exceed twenty years from the completion thereof.

Maintenance, as a free bridge, etc., after amortizing costs.

After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the cost of

Record of expenses and receipts to be kept.

the bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

Sec. 5. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, February 24, 1934.

To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Weldon Spring, Missouri. 1934-02-24 29 Chapter 48 Stat. 357 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 29.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Weldon Spring, Missouri.

February 24, 1934.

[H. R. 6799.]

[Public, No. 103.]

Be, it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the times for

Missouri River.

Time extended for bridging, at Weldon Spring, Mo.

Vol. 46, p. 1498, amended.

commencing and completing the construction of a bridge across the Missouri River at or near Weldon Spring, Missouri, authorized to be built by the State Highway Commission of Missouri by an Act 358of Congress approved March 3, 1931, are hereby extended two and five years, respectively, from March 3, 1933.

Amendment.

Sec. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, February 24, 1934.

To extend the times for commencing and completing the construction of a bridge across the Des Moines River at or near Saint Francisville, Missouri. 1934-02-24 30 Chapter 48 Stat. 358 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 30.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Des Moines River at or near Saint Francisville, Missouri.

February 24, 1934.

[H. R. 6909.]

[Public, No. 104.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the time for

Des Moines River.

Time extended for bridging, at Saint Francisville, Mo.

Vol. 47, p. 802, amended.

commencing and completing the construction of a bridge across the Des Moines River at or near Saint Francisville, Missouri, authorized to be built by Roy H. Campbell, Charles H. Brown, G. H. Wilsey, and Doctor H. O. Strosnider, by an Act of Congress approved February 14, 1933, are hereby extended one and three years, respectively, from February 14, 1934.

Amendment.

Sec. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, February 24, 1934.

Authorizing the City of Hannibal, Missouri, its successors and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near the City of Hannibal, Marion County, Missouri. 1934-02-24 31 Chapter 48 Stat. 358 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 31.]

AN ACT Authorizing the City of Hannibal, Missouri, its successors and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near the City of Hannibal, Marion County, Missouri.

February 24, 1934.

[H. R. 7291.]

[Public, No. 105.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That in order to

Mississippi River.

Hannibal, Mo., may bridge.

facilitate interstate commerce, improve the Postal Service, and provide for military and other purposes, the City of Hannibal, Missouri, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near Hannibal, Missouri, in accordance with the

Construction.

Vol. 34, p. 84.

provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the condition and limitations contained in this Act.

Right to acquire real estate, etc., for location, approaches, etc.

Sec. 2. There is hereby conferred upon the City of Hannibal, Missouri, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation

Condemnation proceedings.

Tolls authorized.

Sec. 3. The said City of Hannibal, Missouri, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates

Vol. 34, p. 85.

until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

359

Sec. 4. After the completion of such bridge, as determined by the

Acquisition authorized after completion by Missouri, Illinois, etc.

Secretary of War, either the State of Missouri, the State of Illinois, any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more or them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. If at

Compensation, if acquired by condemnation,

etc.

any time after the expiration of five years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing

Limitation.

such bridge and its approaches, less a reasonable deduction for actual depreciation in value; (2) the actual cost of acquiring such interests in real property; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property; and (4) actual expenditures for necessary improvements.

Sec. 5. If such bridge shall at any time be taken over or acquired

Tolls under State, etc., operation.

Rates applied to operation, sinking fund, etc.

by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for

Maintenance as free bridge, etc., after amortizing costs.

such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the

Record of expenditures and receipts.

bridge and its approaches, the actual expenditures for maintaining, ' repairing, and operating the same and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested.

Sec. 6. The City of Hannibal, Missouri, its successors and assigns,

Sworn statement of construction costs, etc., to be filed after completion.

shall within ninety days after the completion of such bridge file with the Secretary of War and with the highway departments of the States of Missouri and Illinois, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary

Examination, etc., by Secretary of War.

of War may, and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge: for the purpose of such investigation the said City of Hannibal, Missouri, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. 360

Findings of Secretary conclusive.

The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake.

Right to sell, etc., conferred.

Sec. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the City of Hannibal, Missouri, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person.

Amendment.

Sec. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, February 24, 1934.

To extend the times for commencing and completing the construction of a bridge across the Saint Lawrence River at or near Alexandria Bay, New York. 1934-02-26 32 Chapter 48 Stat. 360 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 32.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Saint Lawrence River at or near Alexandria Bay, New York.

February 26, 1934.

[H. R. 6492.]

[Public, No. 106.]

Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled,

That the times for

Saint Lawrence River.

Time extended for bridging at Alexandria Bay, N.Y.

Vol. 45, p. 1552; Vol. 46, p. 1098; Vol. 47, pp. 83, 806, amended.

commencing and completing the construction of a bridge across the Saint Lawrence River at or near Alexandria Bay, New York, authorized to be built by the New York Development Association, Incorporated, a corporation organized under and by virtue of the membership corporation law of the State of New York, its successors and assigns, by an Act of Congress approved March 4, 1929, and heretofore extended by an Act of Congress approved February 13, 1931, and further heretofore extended by an Act of Congress approved April 15, 1932, and heretofore further extended by an Act of Congress approved February 14, 1933, are hereby further extended one and three years respectively from March 4, 1934.

Sec. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, February 26, 1934.

To amend subsection (b) of section 12 of the Act entitled “An Act to provide for the establishment of a corporation to aid in the refinancing of farm debts, and for other purposes”, approved January 31, 1934. 1934-02-26 33 Chapter 48 Stat. 360 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 33.]

AN ACT To amend subsection (b) of section 12 of the Act entitled “An Act to provide for the establishment of a corporation to aid in the refinancing of farm debts, and for other purposes”, approved January 31, 1934.

February 26, 1934.

[H. R. 7928.]

[Public, No. 107.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That subsection

Federal Farm Mortgage Corporation Act, amended.

Ante, p. 347.

(b) of section of the Act entitled “An Act to provide for the establishment of a corporation to aid in the refinancing of farm debts, and for other purposes”, approved January 31, 1934, is amended to read as follows :

Mortgages and credit instruments.

“(b) Mortgages executed to the Land Bank Commissioner and mortgages held by the Corporation, and the credit instruments secured thereby, and bonds issued by the Corporation under the provisions of this Act, shall be deemed and held to be instrumentalities of the Government of the United States, and as such they and the income derived therefrom shall be exempt from Federal,

Tax exemptions not to include surtaxes.

State, municipal, and local taxation (except surtaxes, estate, inheritance, and gift taxes).”

Approved, February 26, 1934.

To repeal Federal liquor prohibition laws to the extent they are in force in Puerto Rico and the Virgin Islands, and for other purposes. 1934-03-02 37 Chapter 48 Stat. 361 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 361 [CHAPTER 37.]

AN ACT To repeal Federal liquor prohibition laws to the extent they are in force in Puerto Rico and the Virgin Islands, and for other purposes.

March 2, 1934.

[H. R. 6574.]

[Public, No. 108.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That so much

Prohibition laws in force in Puerto Rico and Virgin Islands.

Provisions in organic Act of Puerto Rico repealed.

Vol. 39, p. 952.

of section 2 of the Act entitled “An Act to provide a civil government for Porto Rico, and for other purposes ”, approved March 2, 1917, as makes it unlawful to import, manufacture, sell or give away, or to expose for sale or gift any intoxicating drink, is repealed.

Sec. 2. Title II of the National Prohibition Act, as amended

Repeal of provisions in National Prohibition Act, etc., affecting Puerto Rico and Virgin Islands.

Vol. 41, p. 307; Vol. 42, p. 233.

Ante, p. 16.

U.S.C., p. 853.

and supplemented, and the Act entitled “An Act to provide revenue by the taxation of certain nonintoxicating liquors, and for other purposes ”, approved March 22, 1933, except such provisions of such title and of such Act of March 22, 1933, as are in force and effect in the States, are repealed to the extent such title and such Act of March 22, 1933, are in force and effect in Puerto Rico and the Virgin Islands of the United States.

Sec. 3. Section 13 of the Revised Statutes shall not apply with

Liability clause inapplicable.

R.S., sec. 13, p. 2; U.S.C., p. 2.

respect to any penalty, forfeiture, or liability incurred under any provision repealed by this Act.

Sec. 4. (a) There is hereby established for Puerto Rico a board,

Model Housing Board for Puerto Rico established.

to be known as the “ Model Housing Board ” (hereinafter referred established, to as the “ Board ”), to be composed of three member’s to be appointed by the Governor of Puerto Rico. The persons appointed

Membership, tenure, etc.

as member’s of the Board shall serve without compensation, and the term of membership for each such member shall be five years. One of the members shall be appointed as chairman of the Board. (b) It shall be the duty of the Board to design and construct

Construction authorized.

in Puerto Rico houses of several types, which houses shall be models of sanitation, health, convenience, and comfort; but not more than eight such houses shall be built in any senatorial district of Puerto Rico in any one year. For the purpose of such construction the

Acquisition of sites.

Board shall have power to acquire such plots of land in Puerto Rico as may be necessary. (c) All houses designed and constructed by the Board under this

Sale of houses; terms and conditions.

section shall be sold by the Board at such prices, and under such terms and conditions, as it may determine; and all funds derived

Credit of receipts.

from the sale of such houses shall be covered into the island treasury to the account of the model housing fund established by this section. (d) To carry out the provisions of this section, there shall be

Revolving fund created, out of liquor revenues.

Expenditures.

paid annually out of the revenues of Puerto Rico resulting from taxes on intoxicating liquors the sum of $30,000, which shall constitute a fund to be known as the “ model housing fund.” All money covered into such fund shall constitute a revolving fund for the administration of the provisions of this section, and all expenditures out of such fund shall be allowed and paid upon the presentation of itemized vouchers therefor signed by the chairman of the Board.

Sec. 5. This Act shall take effect on the expiration of ten days

Effective date.

after the date of its enactment.

Approved, March 2, 1934.

Making appropriations for the Department of the Interior for the fiscal year ending June 30, 1935, and for other purposes. 1934-03-02 38 Chapter 48 Stat. 362 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 362 [CHAPTER 38.]

AN ACT Making appropriations for the Department of the Interior for the fiscal year ending June 30, 1935, and for other purposes.

March 2, 1934.

[H. R. 6951.]

[Public, No. 109.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the following

Interior Department appropriations, fiscal year 1935.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior for the fiscal year ending June 30, 1935, namely: OFFICE OF THE SECRETARY

Secretary’s office.

salaries

Secretary, Assistants, and office personnel.

Salaries: For the Secretary of the Interior, First Assistant Secretary, Assistant Secretary, and other personal services in the District

Provisos.

Salaries restricted to average rates under Classification Acts.

Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.

U.S.C., p. 65; Supp. VII, p. 34.

of Columbia, $350,685: Provided, That in expending appropriations or portions of appropriations, contained in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the First Assistant Secretary and the Assistant Secretary the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates

Restriction not applicable to clerical-mechanical service.

No reduction in fixed salaries.

Vol. 42, p. 1490; U.S.C., p. 66.

Transfer without reduction.

specified for the grade by such Act, as amended: Provided, That this restriction shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, or (2) to require the reduction in salary of any person whose compensation was fixed, as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, (4)

Payments, under higher rates permitted.

to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is

If only one position in a grade.

specifically authorized by other law, or (5) to reduce the compensation of any person in a grade in which only one position is allocated. office of solicitor

Solicitor’s office.

Office personnel.

For personal services in the District of Columbia and in the field, $256,140. division of investigations

Division of Investigations.

Protecting timber and public lands.

For investigating official matters under the control of the Department of the Interior; for protecting timber on the public lands, and for the more efficient execution of the law and rules relating to the cutting thereof; for protecting public lands from illegal and

Swamp lands.

Traveling expenses.

fraudulent entry or appropriation; for adjusting claims for swamp lands and indemnity for swamp lands; and for traveling expenses of agents and others employed hereunder, $362,560, including not exceeding $20,000 for personal services in the District of Columbia,

Vehicles.

and not exceeding $33,000 for the purchase, exchange, operation, and maintenance of motor-propelled passenger-carrying vehicles and motor boats for the use of agents and others employed in the field service. 363 contingent expenses, department of the interior

For contingent expenses of the office of the Secretary and the

Department contingent expenses.

bureaus and offices of the department; furniture, carpets, ice, lumber, hardware, dry goods, advertising, telegraphing, telephone service, including personal services of temporary or emergency telephone operators; street-car fares for use of messengers not exceeding $150; expressage, diagrams, awnings, filing devices, typewriters, adding and addressing machines and other labor-saving devices, including the repair, exchange, and maintenance thereof; constructing model and other cases and furniture; postage stamps to prepay postage on foreign mail and for special-delivery and air mail stamps for use in the United States; traveling expenses, including necessary expenses of inspectors and attorneys; fuel and light; examination of estimates for appropriations in the field for any bureau, office, or service of the department; not exceeding $500 shall be available for

Property damages.

Vehicles.

the payment of damages caused to private property by department motor vehicles; purchase and exchange of motor trucks, motorcycles, and bicycles, maintenance, repair, and operation of two motor-propelled passenger-carrying vehicles and motor trucks, motorcycles, and bicycles to be used only for official purposes; rent of department garage; expense of taking testimony and preparing the same in connection with disbarment proceedings instituted against persons

Disbarment expenses.

charged with improper practices before the department, its bureaus and offices; expense of translations, and not exceeding $1,000 for contract stenographic reporting services; not exceeding $700 for newspapers; stationery, including tags, labels, index cards, cloth-lined

Stationery, etc.

wrappers, and specimen bags, printed in the course of manufacture, and such printed envelopes as are not supplied under contracts made by the Postmaster General, for the department and its several bureaus and offices, and other absolutely necessary expenses not hereinbefore provided for, $82,400; and, in addition thereto, sums

Additional, from specified appropriations.

amounting to $31,500 for stationery supplies shall be deducted from other appropriations made for the fiscal year 1935, as follows: General Land Office, $3,500; Geological Survey, $4,500; Freedmen’s Hospital, $1,000; Saint Elizabeths Hospital, $2,500; Office of National Parks, Buildings, and Reservations, $10,000; Bureau of Reclamation, $10,000, any unexpended portion of which shall revert and be credited to the reclamation fund; and said sums so deducted shall be credited to and constitute, together with the first-named sum of $82,400, the total appropriation for contingent expenses for the department and its several bureaus and offices for the fiscal year 1935.

For the purchase or exchange of professional and scientific books,

Professional, etc., books, periodicals, etc.

law and medical books, and books to complete broken sets, periodicals, directories, and other books of reference relating to the business of the department, $500, and in addition there is hereby made available from any appropriations made for any bureau or office of the department not to exceed the following respective sums: Indian

Allotments.

Service, $500; Office of Education, $1,800; Bureau of Reclamation, $2,000; Geological Survey, $2,000; Office of National Parks, Buildings, and Reservations, $2,000; General Land Office, $500.

printing and binding

Printing and binding.

For printing and binding for the Department of the Interior, including

For Department, bureaus, etc.

all of its bureaus, offices, institutions, and services in the District of Columbia and elsewhere, except the Alaska Railroad, the Geological Survey, and the Bureau of Reclamation, $123,000, of 364which $30,000 shall be for the Office of National Parks, Buildings, and Reservations, and $40,000 for the Office of Education, no part of which shall be available for correspondence instruction. COMMISSION OF FINE ARTS

Commission of Fine Arts.

Expenses.

Vol. 36, p. 371; U.S.C., p. 1295.

For expenses made necessary by the Act entitled “An Act establishing a Commission of Fine Arts”, approved May 17, 1910 (U.S.C., title 40, sec. 104), including the purchase of periodicals, maps, and books of reference, and payment of actual traveling expenses of the members and secretary of the Commission in attending meetings and committee meetings of the Commission either within or outside of the District of Columbia, to be disbursed on vouchers approved by the Commission, $8,780, of which amount not to exceed $5,580 may be expended for personal services in the District of Columbia.

Printing and binding.

For all printing and binding for the Commission of Fine Arts, $300.

Total, Commission of Fine Arts, $9,080.

MOUNT RUSHMORE NATIONAL MEMORIAL COMMISSION

Mount Rushmore National Memorial Commission.

Expenses, etc.

Balance reappropriated.

Vol. 45, p. 1300;

Ante, p. 294.

Mount Rushmore National Memorial Commission: For carrying into effect the provisions of the Act creating the Mount Rushmore National Memorial Commission, approved February 25, 1929 (45 Stat., p. 1300), the unexpended balance of the appropriation for this purpose for the fiscal year 1934 is continued available until June 30, 1935, to be expended under the provisions of the Act of February 25, 1929 (45 Stat., p. 1300). GEORGE ROGERS CLARK SESQUICENTENNIALCOMMISSION

George Rogers Clark Sesquicentennial Commission.

Participation in memorial celebration.

Vol. 45, p. 724.

For carrying into effect the provisions of the joint resolution entitled “ Joint resolution providing for the participation of the United States in the celebration in 1929 and 1930 of the one hundred and fiftieth anniversary of the conquest of the Northwest Territory by General George Rogers Clark and his army, and authorizing an appropriation for the construction of a permanent memorial or the Revolutionary War in the West, and of the accession of the old Northwest to the United States on the site of Fort Sackville, which

Vol. 46, p. 1459.

was captured by George Rogers Clark and his men February 25, 1779”, approved May 23, 1928 (45 Stat., pp. 723, 724), as amended

Balance available.

Ante, p. 292.

by the Act of February 28, 1931 (46 Stat., pp. 1459-1460), the unexpended balances of the appropriations available for this purpose for the fiscal years 1933 and 1934 are hereby continued available until June 30, 1935. GENERAL LAND OFFICE

General Land Office.

salaries

Salaries and expenses.

Commissioner, and office personnel.

For Commissioner of the General Land Office and other personal services in the District of Columbia, $542,200, including one clerk of grade 1, clerical, administrative, and fiscal service, who shall be designated by the President, to sign land patents. 365 general expenses

General expenses.

For traveling expenses of officers and employees, including employment

Traveling expenses, maps, etc.

of stenographers and other assistants when necessary; for separate maps of public-land States and Alaska, including maps showing areas designated by the Secretary of the Interior under the enlarged homestead Acts, prepared by the General Land Office; for the reproduction by photolithography or otherwise official plats of surveys; for expenses of restoration to the public domain of lands in

Restoring lands, etc.

forest reserves and of lands temporarily withdrawn for forest-reserve purposes; and for expenses of hearings or other proceedings held by

Hearings, etc.

order of the General Land Office to determine the character of lands, whether alleged fraudulent entries are of that character or have been made in compliance with the law, and of hearings in disbarment proceedings, $16,000.

Surveying public lands: For surveys and resurveys of public

Surveying.

lands, examination of surveys heretofore made and reported to be defective or fraudulent, inspecting mineral deposits, coal fields, and timber districts, making fragmentary surveys, and such other surveys or examinations as may be required for identification of lands for purposes of evidence in any suit or proceeding in behalf of the United States, under the supervision of the Commissioner of the General Land Office and direction of the Secretary of the Interior, $34,000, and in addition thereto the unexpended balance for this

Balance reappropriated.

Vol. 47, p. 822.

purpose for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935, including not to exceed $5,000 for the purchase, exchange, operation, and maintenance of motor-propelled passenger-carrying vehicles: Provided, That not to exceed

Provisos.

Temporarily detailed employees.

$5,000 of this appropriation may be expended for salaries of employees of the field surveying service temporarily detailed to the General Land Office: Provided further, That not to exceed $10,000

Oregon and California Railroad and Coos Bay Wagon Road lands.

of this appropriation may be used for the survey, classification, and Bay wagon Road lands, sale of the lands and timber of the so-called Oregon and California Railroad lands and the Coos Bay Wagon Road lands: Provided
Not available for surveys in States advancing money therefor.
Vol. 28, p. 394; U.S.C., p. 1388.
further, That no part of this appropriation shall be available for surveys or resurveys of public lands in any State which, under the Act of August 18, 1894 (U.S.C., title 43, sec. 863), advances money to the United States for such purposes for expenditure during the fiscal year 1935: Provided further, That this appropriation may be

Applicable for other surveys; reimbursable.

expended for surveys made under the supervision of the Commissioner of the General Land Office, but when expended for surveys that would not otherwise be chargeable hereto it shall be reimbursed from the applicable appropriation, fund, or special deposit.

For United States maps, prepared in the General Land Office,

Maps, distribution.

$15,000, to be immediately available, all of which maps shall be delivered to the Senate and House of Representatives, except 10 per centum, which shall be delivered to the Commissioner of the General Land Office for official purposes. All maps delivered to the Senate and House of Representatives hereunder shall be mounted with rollers ready for use.

Registers: For salaries and commissions of registers of district

Registers.

land offices, $67,500.

Contingent expenses of land offices: For clerk hire, rent, and other

Contingent expenses.

incidental expenses of the district land offices, including the expenses of depositing public money; traveling expenses of clerics detailed to examine the books and management of district land offices and to assist in the operation of said offices, and for traveling expenses of clerks transferred in the interest of the public service from one 366

Proviso.

Previous authorization of expense required.

district land office to another, $147,300: Provided, That no expenses chargeable to the Government shall be incurred by registers in the conduct of local land offices except upon previous specific authorization by the Commissioner of the General Land Office.

BUREAU OF INDIAN AFFAIRS

Indian Affairs Bureau.

salaries

Commissioner, office personnel.

For the Commissioner of Indian Affairs and other personal services in the District of Columbia, $340,075. general expenses

General expenses.

Transportation, etc.

For transportation and incidental expenses of officers and clerks of the Bureau of Indian Affairs when traveling on official duty; for telegraph and telephone toll messages on business pertaining to the Indian Service sent and received by the Bureau of Indian Affairs at Washington, and for other necessary expenses of the Indian Service for which no other appropriation is available, $18,500.

Supplies; purchase, transportation, etc.

For advertising, inspection, storage, and all other expenses incident to the purchase of goods and supplies for the Indian Service and for payment of railroad, pipe line, and other transportation costs

Proviso.

Limitation on payments.

of such goods and supplies, $643.900: Provided, That no part of this appropriation shall be used in payment for any services except bill therefor is rendered within one year from the time the service is performed.

Field representatives.

For salaries, traveling and incidental expenses of field representatives of the Commissioner of Indian Affairs, $12,080.

Judges.

For pay of judges of Indian courts where tribal relations now exist, at rates to be fixed by the Commissioner of Indian Affairs, $13,500.

Police.

For pay and expenses of Indian police, including chiefs of police at not to exceed $70 per month each and privates at not to exceed $50 per month each, to be employed in maintaining order, and for purchase of equipment and supplies, $105,650.

Suppressing liquor traffic, etc.

For the suppression of the traffic in intoxicating liquors and deleterious drugs, including peyote, among Indians, $47,200.

Agency buildings.

Lease, purchase, repair, etc.

For lease, purchase, repair, and improvement of agency buildings, exclusive of hospital buildings, including the purchase of necessary lands and the installation, repair, and improvement of heating, lighting, power, and sewerage and water systems in connection therewith, $144,110.

Vehicles.

Maintenance, etc.

Vehicles, Indian Service: Not to exceed $275,000 of applicable appropriations made herein for the Bureau of Indian Affairs shall be available for the maintenance, repair, and operation of motor- propelled and horse-drawn passenger-carrying vehicles for the use of employees in the Indian field service, including the transportation

Proviso.

Limitation; transporting pupils.

of Indian school pupils: Provided, That not to exceed $150,000 may be used for the purchase and exchange of motor-propelled passenger-carrying vehicles, and that such vehicles shall be used only for official service, including the transportation of Indian school pupils.

Emergency allowance, by diversion from specified appropriations, for property damages.

Replacement of property destroyed by fire, flood, or storm: That to meet possible emergencies not exceeding $50,000 of the appropriations made by this Act for support of reservation and non-reservation schools, for school and agency buildings, and for conservation of health among Indians shall be available, upon approval 367of the Secretary of the Interior, for replacing any buildings, equipment, supplies, livestock, or other property of those activities of the Indian Service above referred to which may be destroyed or rendered unserviceable by fire, flood, or storm: Provided, That any

Proviso.

Report to Congress.

diversions of appropriations made hereunder shall be reported to Congress in the annual Budget.

Authorization for attending health and educational meetings:

Attendance at meetings.

Not to exceed $7,000 shall be available from applicable funds for expenses (not membership fees) of employees of the Indian Service when authorized by the Secretary of the Interior to attend meetings of medical, health, educational, agricultural, forestry, engineering, and industrial associations in the interest of work among the Indians.

indian lands

Indian lands.

Purchase of land and water rights, and so forth, Pueblo Indians,

Pueblo Indians, N. Mex.

Land and water rights.

Sums reappropriated.

Vol. 47, p. 825.

New Mexico (tribal funds): The unexpended balances of appropriations heretofore made, from the trust funds of the several pueblos, for the purchase of land and water rights, purchase of equipment for industrial advancement and fencing, irrigating, and improving lands, are hereby continued available for the same purposes until June 30, 1935.

Purchase of land for Navajo Indians (tribal funds) : For purchase, or lease pending purchase,

Navajo Indians.

Additional land and water rights.

Vol. 45, pp. 899, 1569.

of additional land and water rights for the use and benefit of Indians of the Navajo Tribe as authorized to be acquired by the Act of May 29, 1928 (45 Stat., p. 899), $50,000, payable from funds on deposit to the credit of the Navajo Tribe: Provided, That title to all such lands so purchased shall be taken

Proviso.

Title for surface only.

in the name of the United States in trust for the Navajo Tribe, and in purchasing such lands title may be taken, in the discretion of the Secretary of the Interior, for the surface only.

The unexpended balance of the appropriation of $109,746.25 contained

Loyal Shawnee Indians, Okla.

Balance reappropriated.

Vol. 45, p. 1550; Vol. 47, pp. 826, 96.

Vol. 15, p. 516; Vol. 46, p. 105.

in the First Deficiency Act, fiscal year 1930, for payment to the loyal Shawnee Indians in settlement of their claim arising under the twelfth article of the treaty with said Indians proclaimed October 14, 1868 (15 Stat., p. 513), as authorized by and in accordance with the Act of March 4, 1929, and continued available until June 30, 1934, is hereby continued available until June 30, 1935.

Payment to Kiowa, Comanche, and Apache Indians, Oklahoma

Kiowas, etc., Okla.

Payment to, from royalty funds.

Vol. 44, p. 740.

(tribal funds): For payment to the Kiowa, Comanche, and Apache Indians, of Oklahoma, under such rules and regulations as the Secretary of the Interior may prescribe, $50,000 payable from funds on deposit to the credit of said Indians.

industrial assistance and advancement

Industrial assistance and advancement.

Timber preservation, etc.

Forestry schools.

For the preservation of timber on Indian reservations and allotments other than the Menominee Indian Reservation in Wisconsin, the education of Indians in the proper care of forests, including not to exceed $5,000 for the education of Indian pupils in forestry schools, and the general administration of forestry and grazing work, including fire prevention and payment of reasonable rewards for information leading to arrest and conviction of a person or persons setting forest fires in contravention of law on Indian lands, $183,510: Provided,

Proviso.

Administration of forest lands, from timber sales, etc.

That this appropriation shall be available for the expenses of administration of Indian forest lands from which timber is sold to the extent only that proceeds from the sales of timber from such lands are insufficient for that purpose.

368

Timber sales, etc.; reimbursable.

For expenses incidental to the sale of timber, and for the expenses of administration, including fire prevention, of Indian forest lands from which such timber is sold to the extent that the proceeds of such sales are sufficient for that purpose, $92,000, reimbursable to the

Vol. 41, p. 415; U.S.C., p. 720.

Proviso.

Rewards for information.

United States as provided in the Act of February 14, 1920 (U.S.C., title 25, sec. 413) : Provided, That this appropriation shall be available for the payment of reasonable rewards for information leading to arrest and conviction of a person or persons setting forest fires in contravention of law.

Klamath Reservation, Oreg.

Forest insect control.

Insect control work, Klamath Indian Reservation, Oregon (tribal funds): For continuation of forest insect control work on the Klamath Indian Reservation in Oregon, $10,000, payable from funds on deposit in the Treasury to the credit of the Klamath Indians.

Emergency, forest-fire suppression.

For the suppression or emergency prevention of forest fires on or threatening Indian reservations, $20,000, together with $25,000 from funds held by the United States in trust for the respective tribes

Provisos.

Additional sums available.

Limitation.

of Indians interested: Provided, That not to exceed $50,000 of appropriations herein made for timber- operations and for support and administration purposes may be transferred, upon the approval of the Secretary of the Interior, for fire suppression or emergency prevention purposes, and allotments of funds so transferred shall be made by the Secretary of the Interior only after the obligation for

Report to Congress.

the expenditure has been incurred: Provided further, That any diversions of appropriations made hereunder shall be reported to Congress in the annual Budget.

Geological Survey.

Supervising mining operations.

For transfer to the Geological Survey for expenditures to be made in inspecting mines and examining mineral deposits on Indian lands and in supervising mining operations on restricted, tribal, and allotted Indian lands leased under the provisions of the Acts of

Vol. 26, p. 795; Vol. 35, pp. 312, 444, 783.

U.S.C., p. 717.

February 28, 1891 (26 Stat., p. 795), May 27, 1908 (35 Stat., p. 312), March 3, 1909 (U.S.C. title 25, sec. 396), and other Acts authorizing the leasing of such lands for mining purposes, $60,000.

Employment for Indians.

For the purpose of obtaining remunerative employment for Indians, $37,150.

Developing agriculture and stock raising.

For the purpose of developing agriculture and stock raising among the Indians, including necessary personnel, traveling and other expenses, and purchase of supplies and equipment, $342,850, of which not to exceed $15,000 may be used to conduct agricultural experiments and demonstrations on Indian school or agency farms and to maintain a supply of suitable plants or seed for issue to Indians.

Encouraging industry, etc.

For the purpose of encouraging industry and self-support among the Indians and to aid them in the culture of fruits, grains, and other crops, $325,000, which sum may be used for the purchase of seeds, animals, machinery, tools, implements, and other equipment necessary, and for advances to Indians having irrigable allotments to assist them in the development and cultivation thereof, in the discretion of the Secretary of the Interior, to enable Indians to become

Provisos.

Repayment.

self-supporting: Provided, That the expenditures for the purposes above set forth shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before June 30, 1940, except in the case of loans on irrigable lands for permanent improvement of said lands, in which the period for

Pima Indians, Ariz.

repayment may run for not exceeding twenty years, in the discretion of the Secretary of the Interior: Provided further, That except for expenditures for the benefit of the Pima Indians, not to exceed $25,000 of the amount herein appropriated shall be expended on any other one reservation or for the benefit of any other one tribe of

Advances to old, etc., allottees.

Indians: Provided further, That the Secretary of the Interior is hereby authorized, in his discretion and under such rules and regu-369lations as he may prescribe, to make advances from this appropriation to old, disabled, or indigent Indian allottees, for their support, to remain a charge and lien against their lands until paid: Provided
Educating Indian youths.
further, That advances may be made to worthy Indian youths to enable them to take educational courses, including courses in nursing, home economics, forestry, and other industrial subjects in colleges, universities, or other institutions, and advances so made shall be

Reimbursable.

reimbursed in not to exceed eight years, under such rules and regulations as the Secretary of the Interior may prescribe.

Industrial assistance (tribal funds) : For the construction of

Industrial assistance; constructing homes, purchase of seed, equipment, etc.

homes homes for individual members of the tribes; the purchase for sale to them of seed, animals, machinery, tools, implements, building material, and other equipment and supplies; and for advances to

Advances to old, etc., Indians.

old, disabled, or indigent Indians for their support, and Indians having irrigable allotments to assist them in the development and cultivation thereof, the unexpended balances of funds available

Balances available.

Vol. 47, pp. 827, 335.

under this head in the Interior Department Appropriation Act for the fiscal year 1934, and the Act of June 27, 1932 (47 Stat., p. 335), are hereby continued available during the fiscal year 1935: Provided,

Provisos.

Conditions for repayment.

That the expenditures for the purposes above set forth shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before June 30, 1940, except in the case of loans on irrigable lands for permanent improvement of

Loans on irrigable lands.

said lands in which the period for repayment may run for not exceeding twenty years, in the discretion of the Secretary of the Interior, and advances to old, disabled, or indigent Indians for their support, which shall remain a charge and lien against their land until paid: Provided further, That advances may be made to worthy

Repayment of advances to young students.

Indian youths to enable them to take educational courses, including courses in nursing, home economics, forestry, and other industrial subjects in colleges, universities, or other institutions, and advances so made shall be reimbursed in not to exceed eight years, under such rules and regulations as the Secretary of the Interior may prescribe: Provided further, That all moneys reimbursed during the

Credits and availability.

fiscal year 1935 shall be credited to the respective appropriations and be available for the purposes of this paragraph.

development of water supply

Water supply.

Developing water supply: For developing and conserving water

Developing, conserving, etc.

for domestic and stock purposes on lands of the Navajo and Hopi Indians in Arizona and New Mexico, the Papago Indians in Arizona, and the Pueblo Indians of New Mexico, including the purchase and installation of pumping machinery, and other necessary equipment, and for operation and maintenance thereof, $52,810. irrigation and drainage

Irrigation and drainage.

For the construction, repair, and maintenance of irrigation systems,

Construction, maintenance, etc.

and for purchase or rental of irrigation tools and appliances, water rights, ditches, and lands necessary for irrigation purposes for Indian reservations and allotments; for operation of irrigation systems or appurtenances thereto when no other funds are applicable or available for the purpose; for drainage and protection of irrigable lands from damage by floods or loss of water rights, upon the Indian irrigation projects named below, in not to exceed the following amounts, respectively:

Miscellaneous projects, $10,000; Arizona: Ak Chin, $3,800; Chiu

Allotments.

Chui, $3,800; Navajo and Hopi, miscellaneous projects, Arizona and New Mexico, $4,500; California: Coachella Valley, $1,000; Morongo, 370$3,500; Pala and Rincon, $2,000; Colorado: Southern Ute, $9,300; Nevada: Walker River, $6,300; Western Shoshone, $5,000; New Mexico: Zuni, $4,800; Washington : Colville, $4,000;

Administration expenses.

For necessary miscellaneous expenses incident to the general administration of Indian irrigation projects, including pay of employees and their traveling and incidental expenses, $72,000;

Reimbursable.

Provisos.

Sums interchangeable.

In all, for irrigation on Indian reservations, not to exceed $130,000, reimbursable: Provided, That the foregoing amounts shall be available interchangeably, in the discretion of the Secretary of the Interior, for the necessary expenditures for damages by floods and

Limitation.

other unforeseen exigencies, but the amount so interchanged shall not exceed in the aggregate 10 per centum of all the amounts so

Apportioning costs on a per acre basis.

appropriated: Provided further, That the cost of irrigation projects and of operating and maintaining such projects where reimbursement thereof is required by law shall be apportioned on a per acre basis against the lands under the respective projects and shall be collected by the Secretary of the Interior as required by such

Unpaid charges a first lien.

law, and any unpaid charges outstanding against such lands shall constitute a first lien thereon which shall be recited in any patent or instrument issued for such lands.

San Carlos project, Ariz.

Operation, etc.

For operation and maintenance of the San Carlos project for the irrigation of Indian lands in the Gila River Indian Reservation, Arizona, $82,300, reimbursable.

Colorado River Reservation, Ariz.

Improvement, etc.

Vol. 36, p. 273.

For improvement, operation, and maintenance of the pumping plants and irrigation system on the Colorado River Indian Reservation, Arizona, as provided in the Act of April 4, 1910 (36 Stat., p. 273), $10,200, reimbursable.

Ganado project, Ariz., operation.

For operation and maintenance of the Ganado irrigation project, Arizona, $1,800, reimbursable.

San Carlos Reservation, Ariz.

Irrigating tribal lands.

Operation and maintenance, pumping plants, San Carlos Reservation, Arizona (tribal funds): For the operation and maintenance of pumping plants for the irrigation of lands on the San Carlos Reservation, in Arizona, $4,370, to be paid from the funds held by

Proviso.

Reimbursable.

the United States in trust for the Indians of such reservation: Provided, That the sum so used shall be reimbursed to the tribe by the Indians benefited, under such rules and regulations as the Secretary of the Interior may prescribe.

Yuma Reservation, Calif.-Ariz.

Reclamation, etc., charges.

For reclamation and maintenance charges on Indian lands within the Yuma Reservation, California, and on ten acres within each of the eleven Yuma homestead entries in Arizona under the Yuma reclamation project, $11,700, reimbursable.

Fort Hall project, Idaho, maintenance.

Fort Belknap Reservation, Mont.

Maintenance, etc.

For improvements, maintenance, and operation of the Fort Hall irrigation system, Idaho, $22,500.

For maintenance and operation, repairs, and purchase of stored waters, irrigation systems, Fort Belknap Reservation, Montana, $13,500, reimbursable.

Fort Peck project, Mont., maintenance.

For maintenance and operation of the Little Porcupine Division, the Big Porcupine Division, and not exceeding four thousand acres under the West Side Canal of the Poplar River Division, Fort Peck project, Montana, $6,500, reimbursable.

Flathead Reservation, Mont.

Maintenance, etc.

Crow Reservation, Mont.

Operating systems.

For operation and maintenance of the irrigation systems on the Flathead Indian Reservation, Montana, $11,000, reimbursable.

For improvement, maintenance, and operation of the irrigation systems on the Crow Reservation, Montana, including maintenance assessments payable to the Two Leggins Water lasers’ Association and Bozeman Trail Ditch Company. Montana, properly assessable against lands allotted to the Indians irrigable thereunder. $18,450, reimbursable.

371

For operation and maintenance of the irrigation system on the

Pyramid Lake Reservation, Nev.

Operation, etc.

Newlands project, Nev.

Paying charges against Paiute lands.

Pyramid Lake Reservation, Nevada, $2,750, reimbursable. operation, etc.

For payment of annual installment of reclamation charges against Paiute Indian lands within the Newlands reclamation project, Nevada, $5,381; and for payment in advance, as provided by district law, of operation and maintenance assessments, including assessments for the operation of drains to the Truckee-Carson irrigation district, which district, under contract, is operating the Newlands reclamation project, $7,519, to be immediately available; in all, $12,900.

For operation and maintenance of the irrigation system for the

Laguna and Acoma Indians, N. Mex.

Maintenance, etc.

New Mexico pueblos, flood damages.

Laguna and Acoma Indians in New Mexico, $2,325, reimbursable.

For operation and maintenance of Hogback irrigation project on that part of the Navajo Reservation in New Mexico under the jurisdiction of the Northern Navajo Agency, $8,400, reimbursable.

For salaries and all other expenses of the Government engineer

Middle Rio Grande Conservancy District, N. Mex., expenses.

and assistants appointed in pursuance to contract executed December 14, 1928, by the Secretary of the Interior with the Middle Rio Grande Conservancy District, $7,230.

Irrigation systems, Klamath Reservation, Oregon (tribal funds) :

Klamath Reservation, Oreg.

Maintenance, etc., of projects.

For improvements, maintenance, and operation of miscellaneous irrigation projects on the Klamath Reservation, $2,350, to be paid projects, from the funds held by the United States in trust for the Klamath Indians in the State of Oregon, said sum, or such part thereof as

From tribal funds; repayment.

may be used, to be reimbursed to the tribe under such rules and regulations as the Secretary of the Interior may prescribe.

For continuing operation and maintenance and betterment of the

Uintah Reservation, Utah.

Maintenance, etc.

Vol. 34, p. 375.

irrigation system to irrigate allotted lands of the Uncompahgre, Uintah, and White River Utes in Utah, authorized under the Act of June 21, 1906 (34 Stat, p. 375), $23,000. reimbursable.

For operation and maintenance, including repairs, of the Toppenish-Simcoe

Yakima Reservation, Wash.

Toppenish - Simcoe unit.

irrigation unit, on the Yakima Reservation, Washington, $800, reimbursable.

For reimbursement to the reclamation fund the proportionate

Water payments.

expense of operation and maintenance of the reservoirs for furnishing stored water to the lands in Yakima Indian Reservation, Washington,

Vol. 38, p. 604.

in accordance with the provisions of section 22 of the Act of August 1, 1914 (38 Stat., p. 604), $9,000.

For the extension of canals and laterals on the ceded portion of

Wind River Reservation, Wyo., extensions.

the Wind River Reservation, Wyoming, to provide for the irrigation of additional Indian lands, and for the Indians’ pro rata share of the cost of the operation and maintenance of canals and laterals and for the Indians’ pro rata share of the cost of the Big Bend drainage project on the ceded portion of that reservation, and for continuing the work of constructing an irrigation system within the diminished reservation, including the Big Wind River and Dry Creek Canals,

Reimbursable.

and including the maintenance and operation of completed canals, $23,500, reimbursable.

education

Education.

For the support of Indian schools not otherwise provided for,

Support of schools.

and other educational and industrial purposes in connection therewith, including tuition for Indian pupils attending public schools, $3,831,450: Provided, That not to exceed $15,000 of this appropriation

Provisos.

Deaf, dumb, or blind.

may be used for the support and education of deaf and dumb or blind, physically handicapped, or mentally deficient Indian children: Provided further, That $4,500 of this appropriation may be used for

Alabamas and Coushattas, Tex.

the education and civilization of the Alabama and Coushatta Indians in Texas: Provided further, That not more than $15,000 of the

Tuition of Indian pupils in public schools.

amount herein appropriated may be expended for the tuition of 372Indian pupils attending vocational or higher educational institutions, under such rules and regulations as the Secretary of the Interior

No formal contracts.

R.S., sec. 3744, p. 738; U.S.C., p. 1310.

may prescribe, but formal contracts shall not be required, for compliance with section 3744 of the Revised Statutes (U.S.C., title 41, sec. 16), for payment of tuition of Indian pupils attending public schools, higher educational institutions, or schools for the deaf and dumb, blind, physically handicapped, or mentally deficient.

Support of schools, from tribal funds.

Vol. 44, p. 560; U.S.C., Supp. VII, p. 493.

Support of Indian schools from tribal funds: For the support of Indian schools, and other educational and industrial purposes in connection therewith, other than among the Five Civilized Tribes, there shall be expended from Indian tribal funds and from school revenues arising under the Act of May 17, 1926 (U.S.C., Supp. VI, title 25, sec. 155a), not more than $509,550, including not to exceed

Red Lake, Minn., school.

Five Civilized Tribes.

$15,000 from trust funds of the Red Lake Indians; for tuition and other educational purposes in the Choctaw Nation, $40,000; for payment of tuition for Chippewa Indian children enrolled in the public schools of the State of Minnesota, $48000, payable from the principal sum on deposit to the credit of the Chippewa Indians in the

Vol. 25, p. 645.

State of Minnesota arising under section 7 of the Act of January 14, 1889 (25 Stat., p. 645); in all, $597,550.

Saint Louis Boarding School, Okla.

Osage pupils in.

Education, Osage Nation, Oklahoma (tribal funds) : For the education of unallotted Osage Indian children in the Saint Louis Mission Boarding School, Oklahoma, $2,000, payable from funds held in trust by the United States for the Osage Tribe.

Summer schools, subsistence.

For subsistence of pupils retained in Government boarding schools of all classes during summer months, $45,000.

School transportation, etc.

For collection and transportation of pupils to and from Indian and public schools, and for placing school pupils, with the consent of their parents, under the care and control of white families qualified to give them moral, industrial, and educational training, $60,000.

School buildings.

Lease, improvement, etc.

For lease, purchase, repair, and improvement of buildings at Indian schools not otherwise provided tor, including the purchase of necessary lands and the installation, repair, and improvement of heating, lighting, power, and sewerage and water systems in connection therewith, $272,000.

Nonreservation boarding schools.

Support, etc., of, designated.

For support and education of Indian pupils at the following nonreservation boarding schools in not to exceed the following amounts, respectively:

Phoenix, Ariz.

Phoenix, Arizona: For five hundred pupils, including not to exceed $1,500 for printing and issuing school paper, $153,610; for pay of superintendent, drayage, and general repairs and improvements, $23,540; in all, $177,150;

Sherman Institute, Riverside, Calif.

Sherman Institute, Riverside, California: For six hundred and fifty pupils, including not to exceed $1,000 for printing and issuing school paper, $199,870; for pay of superintendent, drayage, and general repairs and improvements, $18,540; in all, $218,410;

Haskell Institute, Lawrence, Kans.

Haskell Institute, Lawrence, Kansas: For six hundred pupils, including not to exceed $2,500 for printing and issuing school paper, $184,145; for pay of superintendent, drayage, and general repairs and improvements, including necessary drainage work, $22,540; in all, $206,685;

Pipestone, Minn.

Pipestone, Minnesota: For two hundred and fifty pupils, $73,680; for pay of superintendent, drayage, and general repairs and improvements, $14,690; in all, $88,370;

Carson City, Nev.

Carson City, Nevada: For five hundred and twenty-five pupils, $145,995; for pay of superintendent, drayage, and general repairs and improvements, $14,630; in all, $160,625;

Albuquerque, N. Mex.

Albuquerque, New Mexico: For six hundred and fifty pupils, $202,935; for pay of superintendent, drayage, and general repairs and improvements, $22,520; in all. $225,455;

373

Santa Fe, New Mexico: For four hundred and fifty pupils,

Santa Fe, N.Mex.

$147,610; for pay of superintendent, drayage, and general repairs and improvements, $14,540; in all, $162,150;

Charles H. Burke School, Fort Wingate, New Mexico: For five

Charles H. Burke School, Fort Wingate, N. Mex.

hundred and twenty-five pupils, $164,060 ; for pay of superintendent, drayage, and general repairs and improvements, $19,620; in all, $183,680;

Bismarck, North Dakota: For one hundred pupils, $32,755; for

Bismarck, N.Dak.

pay of superintendent, drayage, and general repairs and improvements, $6,700; in all, $39,455;

Wahpeton, North Dakota: For three hundred pupils, $88,590;

Wahpeton, N.Dak.

for pay of superintendent, dray age, and general repairs and improvements, $10,700; in all, $99,290;

Chilocco, Oklahoma: For six hundred and fifty pupils, including

Chilocco, Okla.

not to exceed $2,000 for printing and issuing school paper, $201,000; for pay of superintendent, drayage, and general repairs and improvements, $21,580; in all, $222,580;

Sequoyah Orphan Training School, near Tahlequah, Oklahoma:

Sequoyah Orphan Training School, Okla.

For three hundred and fifty orphan Indian children of the State of Oklahoma belonging to the restricted class, to be conducted as an industrial school under the direction of the Secretary of the Interior, $104,070; for pay of superintendent, drayage, and general repairs and improvements, $11,700; in all, $115,770; Provided, That of the

Proviso.

Additional land.

balance remaining to the credit of the Cherokee Nation, not to exceed $154.20 is authorized to be expended in the purchase of additional land for the Sequoyah Orphan Training School;

Carter Seminary, Oklahoma: For one hundred and sixty-five

Carter Seminary, Okla.

pupils, $52,485; for pay of superintendent, drayage, and general repairs and improvements, $5,740; in all, $58,225;

Euchee, Oklahoma: For one hundred and fifteen pupils, $36,060;

Euchee, Okla.

for pay of superintendent, drayage, and general repairs and improvements, $5,750; in all, $41,810;

Eufaula, Oklahoma: For one hundred and thirty -five pupils,

Eufaula, Okla.

$42,500; for pay of superintendent, drayage, and general repairs and improvements, $5,740; in all, $48,240;

Jones Academy, Oklahoma: For one hundred and seventy-five

Jones Academy, Okla.

pupils, $55,595 for pay of superintendent, drayage, and general repairs and improvements, $5,730; in all, $61,325;

Wheelock Academy, Oklahoma : For one hundred and thirty pupils,

Wheelock Academy, Okla.

$40,730; for pay of superintendent, drayage, and general repairs and improvements, $5,750; in all, $46,480;

Chemawa, Salem, Oregon : For three hundred pupils, including not

Chemawa, Salem, Oreg.

to exceed $1,000 for printing and issuing school paper, $97,120 ; for pay of superintendent, drayage, and general repairs and improvements, $14,620; in all, $111,740 ;

Flandreau, South Dakota: For four hundred and fifty pupils,

Flandreau, S.Dak.

$145,275; for pay of superintendent, drayage, and general repairs and improvements, $14,540; in all, $159,815;

Pierre, South Dakota : For two hundred and twenty-five pupils,

Pierre, S.Dak.

$67,450; for pay of superintendents, drayage, and general repairs and improvements, $11,540; in all, $78,990;

Tomah, Wisconsin: For two hundred pupils, $60,230; for pay of

Tomah, Wis.

superintendent, drayage., and general repairs and improvements, $13,680; in all, $73,910;

In all, for above-named nonreservation boarding schools, not to

Total; nonreservation boarding schools.

Proviso.

Sums interchangeable.

exceed $2,513,680: Provided, That 10 per centum of the foregoing amounts shall be available interchangeably for expenditures for similar purposes in the various boarding schools named, but not more 374than 10 per centum shall be added to the amount appropriated for any one of said boarding schools or for any particular item within

Report to Congress.

any boarding school. Any such interchanges shall be reported to Congress in the annual Budget.

Five Civilized Tribes, Okla.

Common schools.

For aid to the common schools in the Cherokee, Creek, Choctaw, Chickasaw, and Seminole Nations and the Quapaw Agency in Oklahoma, $394,000, to be expended in the discretion of the Secretary of the Interior and under rules and regulations to be prescribed by him:

Provisos.

Parentage limitation not applicable.

Vol. 40, p. 564; U.S.C., p. 708.

Printing, etc., school paper.

Provided, That this appropriation shall not be subject to the limitation in section 1 of the Act of May 25, 1918 (U.S.C., title 25, sec. 297), limiting the expenditure of money to educate children of less than one fourth Indian blood: Provided further, That of this appropriation not to exceed $2,500 may be expended in the printing and issuance of a paper devoted to Indian education, which paper shall be printed at an Indian school; not to exceed $10,000 may be expended under rules and regulations of the Secretary of the Interior, in part

Truancy officers.

payment of truancy officers in any county or two or more contiguous counties where there are five hundred or more Indian children eligible to attend school, and not to exceed $10,000 may be expended in the discretion of the Secretary of the Interior for the payment of salaries

Employing public school teachers where facilities inadequate.

of public-school teachers, employed by the State or county, in special Indian day schools in full-mood Indian communities, where there are not adequate white day schools available for their attendance.

Sioux Indians, S. Dak.

Day and industrial schools.

Vol. 19, p. 256.

For support and maintenance of day and industrial schools among the Sioux Indians, including the erection and repairs of school buildings, in accordance with the provisions of article 5 of the agreement made and entered into September 26, 1876, and ratified February 28, 1877 (19 Stat., p. 254), $301,835.

Alaska natives.

Natives in Alaska: To enable the Secretary of the Interior, in his discretion and under his direction, to provide for support and education of the Eskimos, Aleuts, Indians, and other natives of Alaska, including necessary traveling expenses of pupils to and from industrial boarding schools in Alaska; erection, purchase, repair, and rental of school buildings, including purchase of necessary lands; textbooks and industrial apparatus; pay and necessary traveling expenses of superintendents, teachers, physicians, and other employees; repair, equipment, maintenance, and operation of vessels; and all other necessary miscellaneous expenses which are not included under the above special heads, including $285,600 for salaries in the

Services in District of Columbia.

Miscellaneous expenses.

District of Columbia and elsewhere, $17,500 for traveling expenses, $180,500 for equipment, supplies, fuel, and light, $23,000 for repairs of buildings, $63,000 for freight and operation and repair of vessels, $1,000 for rentals, and $2,000 for telephone and telegraph; total,

Provisos.

Interchangeable sums.

$572,600, to be immediately available: Provided, That not to exceed 10 per centum of the amounts appropriated for the various items in this paragraph shall be available interchangeably for expenditures on the objects included in this paragraph, but not more than 10 per centum shall be added to any one item of appropriation except in cases of extraordinary emergency and then only upon the written

Services in the District.

order of the Secretary of the Interior: Provided further, That of said sum not exceeding $5,800 may be expended for personal services in the District of Columbia.

conservation of health

Conservation of health.

Expenses designated.

For conservation of health among Indians, including equipment, materials, and supplies; repairs and improvements to buildings and plants; compensation and traveling expenses of officers and employees and renting of quarters for them when necessary; trans-375portation of patients and attendants to and from hospitals and sanatoria; returning to their former homes and interring the remains of deceased patients; and not exceeding $1,000 for printing and binding circulars and pamphlets for use in preventing and suppressing

Suppressing trachoma, etc.

trachoma and other contagious and infectious diseases, $2,981,040, and in addition thereto not to exceed $75,000 of the

Sum from balance, reappropriated.

Vol. 47, p. 830.

Allotments to specified hospitals, etc.

unexpended balance for this purpose for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935, including not to exceed the sum of $2,329,800 for the following-named hospitals and sanatoria:

Arizona : Indian Oasis Hospital, $21,610; Kayenta Sanatorium,

Arizona.

$42,360; Fort Defiance Sanatorium and Southern Navajo General Hospital, $98,870; Phoenix Sanatorium, $70,070; Pima Hospital, $25,510; Truxton Canyon Hospital, $11,045; Western Navajo Hospital, $34,650; Chin Lee Hospital, $11,520; Fort Apache Hospital, $25,410; Havasupai Hospital, $4,710; Hopi Hospital, $37,750; Leupp Hospital, $24,550; San Carlos Hospital, $17,900; Tohatchi Hospital, $12,540; Colorado River Hospital, $21,875; San Xavier Sanatorium, $35,440; Phoenix Hospital, $29,780; Winslow Sanatorium, $36,950;

California: Hoopa Valley Hospital, $23,250; Soboba Hospital,

California.

$18,885; Fort Bidwell Hospital, $18,870; Fort Yuma Hospital, $13,160;

Colorado: Ute Mountain Hospital, $14,230; Edward T. Taylor

Colorado.

Hospital, $23,730;

Idaho: Fort Lapwai Sanatorium, $78,850; Fort Hall Hospitals,

Idaho.

$15,350;

Iowa: Sac and Fox Sanatorium, $68,300;

Iowa.

Minnesota: Pipestone Hospital, $20,910;

Minnesota.

Mississippi: Choctaw Hospital, $25,565;

Mississippi.

Montana : Blackfeet Hospital, $23,520; Fort Peck Hospital,

Montana.

$20,990; Crow Agency Hospital, $22,850; Fort Belknap Hospital, $28,530; Tongue River Hospital, $28,550;

Nebraska: Winnebago Hospital, $36,780;

Nebraska.

Nevada: Carson Hospital, $21,570; Walker River Hospital,

Nevada.

$19,525; Western Shoshone Hospital, $11,300;

New Mexico: Albuquerque Sanatorium, $95,050; Jicarilla Hospital

New Mexico.

and Sanatorium, $55,750; Mescalero Hospital, $18,720; Eastern Navajo Hospital, $15,870; Northern Navajo Hospital, $27,285; Taos Hospital, $13,990; Zuni Sanatorium, $51,330; Albuquerque Hospital, $47,260; Charles H. Burke Hospital, $7,440; Santa Fe Hospital, $37,840; Toadlena Hospital, $10,845;

North Carolina: Cherokee Hospital, $9,405;

North Carolina.

North Dakota: Turtle Mountain Hospital, $35,380; Fort Berthold

North Dakota.

Hospital, $17,230; Fort Totten Hospital, $21,670; Standing Rock Hospital, $26,340;

Oklahoma: Cheyenne and Arapahoe Hospital, $33,940; Choctaw

Oklahoma.

and Chickasaw Sanatorium, $51,310; Shawnee Sanatorium, $85,260; Claremore Hospital, $31,870; Clinton Hospital, $18,970; Pawnee and Ponca Hospital, $27,900; Kiowa Hospital, $77,250;

South Dakota: Crow Creek Hospital, $20,260; Pine Ridge Hospitals,

South Dakota.

$40,660; Rosebud Hospital, $26,450;

Utah: Uintah Hospital, $13,955;

Utah.

Washington: Yakima Sanatorium, $37,960; Tacoma Sanatorium,

Washington.

$188,810; Tulalip Hospital, $9,410;

Wisconsin: Hayward Hospital, $28,265; Tomah Hospital, $25,490;

Wisconsin.

Wyoming: Shoshone, $23,380;

Wyoming.

Provided, That 10 per centum of the foregoing amounts shall be

Provisos.

Interchangeable expenditures.

available interchangeably for expenditures in the various hospitals named, but not more than 10 per centum shall be added to the 376

Report to Congress.

amount appropriated for any one of said hospitals or for any particular item within any hospital, and any interchange of appropriations hereunder shall be reported to Congress in the Annual Budget:

Hospitalization of pupils.

Provided further, That nonreservation boarding schools receiving specific appropriations shall contribute on a per diem basis for the hospitalization of pupils in hospitals located at such schools and supported from this appropriation;

Clinical survey of disease conditions.

Proviso.

Local cooperation.

For a clinical survey of tuberculosis, trachoma, and venereal and other disease conditions among Indians, $20,000: Provided, That in conducting such survey the cooperation of such State and other organizations engaged in similar work shall be enlisted wherever practicable and where services of physicians, nurses, or other persons are donated their travel and other expenses may be paid from this appropriation.

Chippewas in Minnesota.

Hospitals for, from tribal funds.

Support of hospitals, Chippewas in Minnesota (tribal funds) : For support of hospitals maintained for the benefit of the Chippewa Indians in the State of Minnesota, $121,490, payable from the principal

Vol. 25, p. 645.

sum on deposit to the credit of said Indians arising under section 7 of the Act of January 14, 1889 (25 Stat., p. 645).

Health work.

There shall be available for health work among the several tribes of Indians not exceeding $125,000 of the tribal trust funds authorized elsewhere in this Act for support of Indians and administration of Indian property.

Medical relief in Alaska.

Medical relief in Alaska: To enable the Secretary of the Interior, in his discretion, and under his direction through the Bureau of Indian Affairs, with the advice and cooperation of the Public Health Service, to provide for the medical and sanitary relief of the Eskimos, Aleuts, Indians, and other natives of Alaska; erection, purchase, repair, rental, and equipment of hospital buildings; books and surgical apparatus; pay and necessary traveling expenses of physicians, nurses, and other employees, and all other necessary miscellaneous expenses which are not included under the above special heads, $263,555, to be available immediately.

general support and administration

General support and administration.

Sundry agencies and reservations.

For general support of Indians and administration of Indian property, including pay of employees authorized by continuing or permanent treaty provisions, $1,624,040.

Fulfilling treaties, etc.

Fulfilling treaties with Indians: For the purpose of discharging obligations of the United States under treaties and agreements with various tribes and bands of Indians as follows:

Northern Cheyennes and Arapahoes, Mont.

Vol. 19, p. 256.

Pawnees, Okla.

Vol. 11, p. 731; Vol. 27, p. 644.

Sioux.

Vol. 15, p. 635; Vol. 19, p. 254.

Northern Cheyennes and Arapahoes, Montana (article 7, treaty of May 10, 1868, and agreement of February 28, 1877), $67,400;

Pawnees, Oklahoma (articles 3 and 4, treaty of September 24, 1857, and article 3, agreement of November 23, 1892), $49,175;

Sioux of different tribes, including Santee Sioux of Nebraska, North Dakota, and South Dakota (articles 8 and 13, treaty of April 29, 1868, 15 Stat., p. 635, and Act of February 28, 1877, 19 Stat., p. 254), $401,200.

Total.

General support, etc., at specified agencies, from tribal funds.

In all, for said treaty stipulations, not to exceed $517,775.

For general support of Indians and administration of Indian property under the jurisdiction of the following agencies, to be paid from the funds held by the United States in trust for the respective tribes, in not to exceed the following sums, respectively:

Arizona.

Arizona: Colorado River, $3,000; Fort Apache, $18,355; San Carlos, $41,505; Truxton Canyon, $8,690; in all, $71,550;

California.

California: Mission, $5,000;

377

Colorado: Consolidated Ute (Southern Ute, $15,000; Ute Mountain,

Colorado.

$15,000); in all, $30,000;

Idaho: Fort Hall, $9,285;

Idaho.

Iowa: Sac and Fox, $2,000;

Iowa.

Minnesota: Red Lake, $39,405; Consolidated Chippewa, $5,000,

Minnesota.

Cooperative market system.

to be used for establishing a system of cooperative marketing for Indian crops, including wild rice, berries, fish, and furs; in all, $44 405;

Montana: Blackfeet, $2,500; Flathead. $10,000; in all, $12,500;

Montana.

North Carolina: Cherokee, $8,000;

North Carolina.

Oregon: Klamath, $46,550;

Oregon.

South Dakota: Cheyenne River, $69,235;

South Dakota.

Washington: Puyallup, $1,000 for upkeep of the Puyallup Indian

Washington.

cemetery; Taholah (Quinaielt), $1,000; in all, $2,000;

Wisconsin: Keshena, $56,310, including $10,000 for monthly allowances,

Wisconsin.

Monthly allowances to old, etc., Menominees, from tribal funds.

under such rules and regulations as the Secretary of the Interior may prescribe, to such old and indigent members of the Menominee Tribe as it is impracticable to place in the home for old and indigent Menominee Indians, and who reside with relatives or friends:

In all, not to exceed $356,835.

Support of Chippewa Indians in Minnesota (tribal funds) : For

Chippewas in Minnesota.

General support, etc.

general support, administration of property, and promotion of self-support among the Chippewa Indians in the State of Minnesota, $71,100, to be paid from the principal sum on deposit to the credit of said Indians, arising under section 7 of the Act entitled “An

Vol. 25, p. 645.

Act for the relief and civilization of the Chippewa Indians in the State of Minnesota”, approved January 14, 1889 (25 Stat., p. 645): Provided, That not to exceed $30,000 of the foregoing amount may

Proviso.

Aiding indigent.

be expended in the discretion of the Secretary of the Interior, in aiding indigent Chippewa Indians upon the condition that any funds used in support of a member of the tribe shall be reimbursed out of and become a lien against any individual property of which such member may now or hereafter become seized or possessed, the two preceding requirements not to apply to any old, infirm, or indigent Indian, in the discretion of the Secretary of the Interior.

Expenses of tribal officers, Five Civilized Tribes, Oklahoma

Five Civilized Tribes, expenses, etc., tribal officers.

(tribal funds) : For the current fiscal year money may be expended from the tribal funds of the Choctaw, Chickasaw, Creek, and Seminole Tribes for equalization of allotments, per capita, and other payments authorized by law to individual members of the respective tribes, salaries and contingent expenses of the governor of the Chickasaw Nation and chief of the Choctaw Nation and one mining trustee for the Choctaw and Chickasaw Nations at salaries at the rate heretofore paid for the said governor and said chief and $4,000 for the said mining trustee, and one attorney each for the Choctaw and Chickasaw Tribes employed under contract approved by the President under existing law: Provided, That the expenses of the

Proviso.

Limitation.

above-named officials shall be determined and limited by the Commissioner of Indian Affairs, not to exceed $2,500 each.

There is hereby authorized to be expended, out of any money now

Seminoles, Okla.

Attorneys, expenses.

standing to the credit of the Seminole Nation of Indians in the Treasury of the United States, the sum of not exceeding $5,000 to be paid, in the discretion of the Secretary of the Interior, to attorneys for said Seminole Nation of Indians employed under the authority

Vol. 43, p. 133.

of the Act of Congress approved May 20, 1924 (43 Stat., pp. 133–134), the payments to be made in such sums as may be necessary to reimburse the attorneys for such proper and necessary expenses as may have been incurred or may be incurred in the investigation 378of records and preparation, institution and prosecution of suits of the Seminole Nation of Indians against the United States under the

Provisos.

Itemized statement and approval necessary.

above-mentioned Act of May 20, 1924: Provided further, That the claims of the attorneys shall be filed by said attorneys with the Secretary of the Interior and shall be accompanied by the attorneys’ itemized and verified statement of the expenditures for expenses and by proper vouchers, and that the claims so submitted shall be subject to the approval of the Secretary of the Interior: Provided further,

Repayment.

That, any sums allowed and paid under this Act to the attorneys shall be reimbursable to the credit of the Seminole Nation out of any amount or amounts which may hereafter be decreed by the Court of Claims to said attorneys for their services and expenses in connection with the Seminole tribal claims and suits under the above-mentioned Act of May 20, 1924.

Osages, Okla.

Agency expenses from tribal funds.

Support of Osage Agency and pay of tribal officers, Oklahoma (tribal funds): For the support of the Osage Agency, and for necessary expenses in connection with oil and gas production on the Osage Reservation, Oklahoma, including pay of necessary employees, the tribal attorney and his stenographer, one special attorney in tax and other matters, and pay of tribal officers; repairs to buildings, rent of quarters for employees, traveling expenses, printing, telegraphing and telephoning, and purchase, repair, and operation of automobiles. $109,220, payable from funds held by the United States in trust for the Osage Tribe of Indians in Oklahoma.

Traveling, etc., expenses.

For traveling and other expenses of tribal councils, business committees, or other tribal organizations, or representatives thereof, when engaged on business of the tribes, including visits to Washington, District of Columbia, when duly authorized or approved in advance by the Commissioner of Indian Affairs, $25,000, payable from funds on deposit to the credit of the particular tribe interested:

Proviso.

Limitation on expenditure.

Provided, That not more than $5,000 shall be expended from the funds of any one tribe or band of Indians for the purposes herein specified.

roads and bridges

Roads and bridges.

Gallup-Shiprock Highway, N.Mex.,

Maintenance, etc.

Proviso.

Indian labor.

For maintenance and repair of that portion of the Gallup-Shiprock Highway within the Navajo Reservation, New Mexico, including the purchase of machinery, $20,000, reimbursable: Provided, That other than for supervision and engineering only Indian labor shall be employed for such maintenance and repair work. annuities and per capita payments

Annuities, etc.

Senecas, N.Y.

Vol. 4, p. 442.

For fulfilling treaties with Senecas of New York: For permanent annuity in lieu of interest on stock (Act of February 19, 1831, 4 Stat., p. 442), $6,000.

Six Nations, N.Y.

Vol. 7, p. 46.

For fulfilling treaties with Six Nations of New York: For permanent annuity, in clothing and other useful articles (article 6, treaty of November 11, 1794), $4,500.

Choctaws, Okla.

Vol. 7, pp. 99, 212, 213, 236.

For fulfilling treaties with Choctaws, Oklahoma : For permanent annuity (article 2, treaty of November 10, 1805, and article 13, treaty of June 22, 1855), $3,000; for permanent annuity for support

Vol. 11, p. 614.

for light horsemen (article 13, treaty of October 18, 1820, and article 13, treaty of June 22, 1855), $600; for permanent annuity for support of blacksmith (article 6, treaty of October 18, 1820, and article 9, treaty of January 20, 1825, and article 13, treaty of June 22, 1855), $600; for permanent annuity for education (article 2, treaty of January 20, 1825, and article 13, treaty of June 22, 1855), $6,000; for permanent annuity for iron and steel (article 9, treaty of January 20, 1825, and article 13, treaty of June 22, 1855), $320; in all, $10,520.

379

To carry out the provisions of the Chippewa treaty of September

Saint Croix Chippewas, Wis.

Vol. 10, p. 1109.

30, 1854 (10 Stat., p. 1109), $1,000, in final settlement of the amount, $141,000, found due and heretofore approved for the Saint Croix Chippewa Indians of Wisconsin, whose names appear on the final roll prepared by the Secretary of the Interior pursuant to Act of August 1, 1914 (38 Stat., pp. 582–605), and contained in House

Vol. 38, p. 607.

Purchase of land.

Proviso.

Discretionary cash payment.

Document Numbered 1663, said sum of $1,000 to be expended in the purchase of land or for the benefit of said Indians by the Commissioner of Indian Affairs: Provided, That in the discretion of the Commissioner of Indian Affairs, the per capita share of any of said Indians under this appropriation may be paid in cash.

When, in the judgment of the Secretary of the Interior, it is

Field service employees.

Funds for, available for supplies, etc.

necessary for accomplishment of the purposes of appropriations herein made for the Indian field service, such appropriations shall be available for purchase of ice, rubber boots for use of employees, for travel expenses of employees on official business, and for the cost of packing, crating, drayage, and transportation of personal effects of employees upon permanent change of station.

The appropriations for education of natives of Alaska and medical

Alaska natives.

Education and medical services.

relief in Alaska shall be available for the payment of traveling services, expenses of new appointees from Seattle, Washington, to their posts of duty in Alaska, and of traveling expenses, packing, crating, and transportation (including drayage) of personal effects of employees upon permanent change of station within Alaska, under regulations to be prescribed by the Secretary of the Interior.

BUREAU OF RECLAMATION

Reclamation Bureau.

The following sums are appropriated out of the special fund in

Payments, from reclamation fund.

Vol. 32, p. 388.

the Treasury of the United States created by the Act of June 17, 1902, and therein designated “ the reclamation fund ”, to be available immediately:

Salaries: For the Commissioner of Reclamation and other personal

Commissioner, office personnel, and other expenses.

services in the District of Columbia, $86,850; for office expenses in the District of Columbia, $15,000; in all, $101,850;

Administrative provisions and limitations: For all expenditures

Administrative provisions and limitations.

Vol. 32, p. 388.

authorized by the Act of June 17, 1902 (32 Stat., p. 388), and Acts amendatory thereof or supplementary thereto, known as the reclamation law, and all other Acts under which expenditures from said fund are authorized, including not to exceed $156,000 for personal

Purposes designated.

services and $15,000 for other expenses in the office of the chief engineer, $20,000 for telegraph, telephone, and other communication

Personal services.

service, $5,000 for photographing and making photographic prints, $41,250 for personal services, and $10,000 for other expenses in the field legal offices; examination of estimates for appropriations in the field; refunds of overcollections and deposits for other purposes; not to exceed $18,000 for lithographing, engraving, printing, and binding; purchase of ice; purchase of rubber boots for official use by employees; maintenance and operation of horse-drawn and motor-vehicles,

Vehicles.

propelled passenger-carrying vehicles; not to exceed $35,000 for purchase and exchange of horse-drawn and motor-propelled passenger-carrying vehicles; packing, crating, and transportation (including drayage) of personal effects or employees upon permanent change of station, under regulations to be prescribed by the Secretary of the Interior; payment of damages caused to the owners of

Property damages.

lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of irrigation works, and which may be compromised by agreement between the claimant and 380the Secretary of the Interior, or such officers as he may designate; payment for official telephone service in the field hereafter incurred in case of official telephones installed in private houses when authorized under regulations established by the Secretary of the

Attendance at meetings.

Interior; not to exceed $1,000 for expenses, except membership fees, of attendance, when authorized by the Secretary, upon meetings of technical and professional societies required in connection with official work of the bureau; payment of rewards, when specifically authorized by the Secretary of the Interior, for information leading to the apprehension and conviction of persons found guilty of the

Provisos.

Restriction on place of headquarters.

theft, damage, or destruction of public property: Provided, That no part of said appropriations may be used for maintenance or headquarters for the Bureau of Reclamation outside the District of Columbia except for an office for the chief engineer and staff and for certain field officers of the division of reclamation economics:

Medical services for employees.

Provided further, That the Secretary of the Interior in his administration of the Bureau of Reclamation is authorized to contract for medical attention and service for employees and to make necessary pay-roll deductions agreed to by the employees therefor: Provided
Restriction on use where irrigation district in arrears.
further, That no part of any sum provided for in this Act for operation and maintenance of any project or division of a project by the Bureau of Reclamation shall be used for the irrigation of any lands within the boundaries of an irrigation district which has contracted with the Bureau of Reclamation and which is in arrears for more than twelve months in the payment of any charges due the United States, and no part of any sum provided for in this Act for such purpose shall be used for the irrigation of any lands which have contracted with the Bureau of Reclamation and which are in arrears for more than twelve months in the payment of any charges due from said lands to the United States;

Examination and inspection of projects.

Balance available.

Vol. 47, p. 842.

Examination and inspection of projects: For examination of accounts and inspection of the works of various projects and divisions of projects operated and maintained by irrigation districts or water users’ associations, and bookkeeping, accounting, clerical, legal, and other expenses incurred in accordance with contract provisions for the repayment of such expenses by the districts or associations, the unexpended balance of the appropriation for this purpose for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935;

Maintenance, etc., of reserved works.

Balance available.

Vol. 47, p. 843.

Operation and maintenance of reserved works: For operation and maintenance of the reserved works of a project or division of a project when irrigation districts, water-users’ associations, or Warren Act contractors have contracted to pay in advance but have failed to pay their proportionate share of the cost of such operation and maintenance, to be expended under regulations to be prescribed by the Secretary of the Interior, the unexpended balance of the appropriation for this purpose for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935;

Yuma, Ariz.-Calif.

Proviso.

Operating commercial system.

Yuma project, Arizona-California: For operation and maintenance, $37,200: Provided, That not to exceed $25,000 from the power revenues shall be available during the fiscal year 1935 for the operation and maintenance of the commercial system;

Orland, Calif.

Orland project, California: For operation and maintenance, $33,500;

Boise, Idaho.

Boise project, Idaho: For operation and maintenance. $26,100;

Minidoka, Idaho.

Proviso.

Commercial system.

Minidoka project, Idaho: For operation and maintenance, reserved works, $11,200: Provided, That, not to exceed $50,000 from the power revenues shall be available during the fiscal year 1935 for the operation of the commercial system: and not to exceed 381$100,000 from power revenues shall be available during the fiscal year 1935 for continuation of construction, south side division;

North Platte project, Nebraska-Wyoming: Not to exceed $60,000

North Platte, Nebr.-Wyo.

from the power revenues shall be available during the fiscal year 1935 for the operation and maintenance of the commercial system;

Rio Grande project, New Mexico-Texas: For operation and maintenance,

Rio Grande, N.Mex.-Tex.

$305,000;

Owyhee project, Oregon: For operation and maintenance, $9,300;

Owyhee, Oreg.

Vale project, Oregon: For operation and maintenance, $13,900;

Vale, Oreg.

Klamath project, Oregon-California: For operation and maintenance,

Klamath, Oreg.-Calif.

Proviso.

Revenues from Tule Lake division.

$40,900: Provided, That revenues received from the lease of marginal lands, Tule Lake division, shall be available for refunds to the lessees in such cases where it becomes necessary to make refunds because of flooding or other reasons within the terms of such leases;

Yakima project, Washington: For operation and maintenance,

Yakima, Wash.

Proviso.

Commercial system.

$246,400: Provided, That not to exceed $25,000 from power revenues shall be available during the fiscal year 1935 for operation and maintenance of the power system;

Riverton project, Wyoming; For operation and maintenance,

Riverton, Wyo.

Proviso.

Commercial system.

$23,300: Provided, That not to exceed $25,000 from the power revenues shall be available during the fiscal year 1935 for the operation and maintenance of the commercial system;

Shoshone project, Wyoming: For operation and maintenance,

Shoshone, Wyo., Willwood division.

Proviso.

Commercial system.

Willwood division, $12,100: Provided, That not to exceed $25,000 from power revenues shall be available during the fiscal year 1935 for the operation and maintenance of the commercial system;

Secondary and economic investigations: For cooperative and general

Secondary, etc., investigations.

Sum from balance available.

Vol. 47, p. 844.

investigations, including investigations necessary to determine the economic conditions and financial feasibility of projects and investigations and other activities relating to the reorganization, settlement of lands, and financial adjustments of existing projects, including examination of soils, classification of land, land-settlement activities, including advertising in newspapers and other publications, and obtaining general economic and settlement data, not to exceed $50,000 of the unexpended balance of the appropriation for these purposes for the fiscal year 1934 shall remain available for the same purposes for the fiscal year 1935: Provided, That the expenditures

Provisos.

Expenditures considered supplementary; accounting.

from this appropriation for any reclamation project shall be considered as supplementary to the appropriation for that project and shall be accounted for and returned to the reclamation fund as other expenditures under the Reclamation Act: Provided further, That the expenditure of any sums from this appropriation for investigations

Division of expense for investigations.

of any nature requested by States, municipalities, or other interests shall be upon the basis of the State, municipality, or other interest advancing at last ¹¹So in original. 50 per centum of the estimated cost of such investigation;

Giving information to settlers: For the purpose of giving information

Information to settlers.

and advice to settlers on reclamation projects in the selection of lands, equipment, and livestock, the preparation of land for irrigation, the selection of crops, methods of irrigation and agricultural practice, and general farm management, the cost of which shall be charged to the general reclamation fund and shall not be charged as a part of the construction or operation and maintenance cost payable by the water users under the projects; the unexpended balance

Balance continued available.

Vol. 47, p. 845.

of the appropriation for this purpose for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935;

382

Limitation on expenditures.

Limitation of expenditures: Under the provisions of this Act no greater sum shall be expended, nor shall the United States be obligated to expend during the fiscal year 1935, on any reclamation project appropriated for herein, an amount in excess of the sum herein appropriated therefor, nor shall the whole expenditures or obligations incurred for all of such projects for the fiscal year 1935 exceed the whole amount in the “ reclamation fund ” for the fiscal year;

Interchange of appropriations.

Interchange of appropriations: Ten per centum of the foregoing amounts shall be available interchangeably for expenditures on the reclamation projects named; but not more than 10 per centum shall be added to the amount appropriated for any one of said projects, except that should existing works or the water supply for lands under cultivation be endangered by floods or other unusual conditions

Emergency flood repairs.

an amount sufficient to make necessary emergency repairs shall become available for expenditure by further transfer of appropriation from any of said projects upon approval of the Secretary of the Interior;

Total, from reclamation fund, $860,750.

Yuma project, Ariz.-Calif.

Colorado River front work adjacent to.

To defray the cost of operating and maintaining the Colorado River front work and levee system adjacent to the Yuma Federal irrigation project in Arizona and California, subject only to section

Vol. 44, p. 1016.

4 of the Act entitled “An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved January 21, 1927 (44 Stat., p. 1010),

Balance available.

Vol. 47, p. 845.

the unexpended balance of the appropriation for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935.

Not to be used for investigating new projects.

No part of any appropriation in this Act for the Bureau of Reclamation shall be used for investigations to determine the economic and/or financial feasibility of any new reclamation project.

GEOLOGICAL SURVEY

Geological Survey.

salaries

Director, and office personnel.

For the Director of the Geological Survey and other personal services in the District of Columbia, $112,500; general expenses

General expenses.

Authorization for all services.

For every expenditure requisite for and incident to the authorized work of the Geological Survey, including personal services in the District of Columbia and in the field, including not to exceed $30,000 for the purchase and exchange, and not to exceed $50,000 for the

Vehicles.

hire, maintenance, repair, and operation of motor-propelled and horse-drawn passenger-carrying vehicles for field use only by geologists, topographers, engineers, and land classifiers, and the Geological Survey is authorized to exchange unserviceable and worn-out passenger-carrying and freight-carrying vehicles as part payment for new freight-carrying vehicles, and including not to exceed $3,000

Travel; attendance at meetings, etc.

for necessary traveling expenses of the director and members of the Geological Survey acting under his direction, for attendance upon meetings of technical, professional, and scientific societies when required in connection with the authorized work of the Geological Survey, to be expended under the regulations from time to time prescribed by the Secretary of the Interior, and under the following heads:

Topographic surveys.

Topographic surveys: For topographic surveys in various portions of the United States, $112,140, and in addition thereto not to exceed 383$50,000 of the unexpended balance for this purpose for the fiscal year

Sum from balance continued available.

Vol. 47, p. 846.

1934 is continued available for the same purpose for the fiscal year 1935, of which amount not to exceed $105,000 may be expended for personal services in the District of Columbia: Provided, That no

Provisos.

Cooperation with States, etc.

part of this appropriation shall be expended in cooperation with States or municipalities except upon the basis of the State or municipality bearing all of the expense incident thereto in excess of such an amount as is necessary for the Geological Survey to perform its share of standard topographic surveys, such share of the Geological Survey in no case exceeding 50 per centum of the cost of the survey: Provided further, That $143,800 of this amount shall be

Amount for cooperation.

available only for such cooperation with States or municipalities;

Geologic surveys: For geologic surveys in the various portions of

Geologic surveys.

the United States and chemical and physical researches relative thereto, $289,440, of which not to exceed $236,440 may be expended for personal services in the District of Columbia;

Volcanologic surveys: For volcanologic surveys, measurements,

Volcanologic surveys.

and observatories in Hawaii, including subordinate stations elsewhere, $6,030;

Mineral resources of Alaska: For continuation of the investigation

Alaska, mineral resources.

of the mineral resources of Alaska, $29,150, to be available immediately, of which amount not to exceed $14,400 may be expended for personal services in the District of Columbia;

Gaging streams: For gaging streams and determining the water

Gaging streams, investigations.

supply of the United States, the investigation of underground currents and artesian wells, and the preparation of reports upon the best methods of utilizing the water resources, $301,130, and in addition thereto the unexpended balance for this purpose for the fiscal

Balance available.

Vol. 47, p. 846.

year 1934 is continued available for the same purpose for the fiscal year 1935; for operation and maintenance of the Lees Ferry, Arizona, gaging station and other base gaging stations in the Colorado River

Gaging stations.

drainage, $36,520; in all, $337,650, of which amount not to exceed $124,540 may be expended for personal services in the District of

Services in the District.

Provisos.

Cooperation with States, etc.

Columbia: Provided, That no part of this appropriation shall be expended in cooperation with States or municipalities except upon the basis of the State or municipality bearing all of the expense incident thereto in excess of such an amount as is necessary for the Geological Survey to perform its share of general water-resource investigations, such share of the Geological Survey in no case exceeding 50 per centum of the cost of the investigation: Provided further,

Sum available therefor.

That $375,890 of this amount shall be available only for such cooperation with States or municipalities;

Classification of lands: For the examination and classification of

Classifying lands as to mineral character.

lands with respect to mineral character, water resources, and agricultural utility as required by the public land laws and for related administrative operations; for the preparation and publication of land classification maps and reports; for engineering supervision of power permits and grants under the jurisdiction of the Secretary of the Interior; and for performance of work of the Federal Power Commission, $89,700, of which amount not to exceed $78,750 may be expended for personal services in the District of Columbia;

Printing and binding, and so forth: For printing and binding,

Printing and binding;

$69,800, and in addition thereto the unexpended balance for this purpose for the fiscal year 1934 is continued available for the same purpose for the fiscal year 1935; for preparation of illustrations, $15,000; and for engraving and printing geologic and topographic maps, $78,390; in all, $163,190;

384

Nonmetallic Mineral Acts.

Enforcing provisions.

Vol. 38, p. 741; Vol. 40, p. 297; Vol. 41, pp. 437, 1363.

U.S.C., pp. 963, 964, 1595, 1596.

Mineral leasing: For the enforcement of the provisions of the Acts of October 20, 1914 (U.S.C., title 48, sec. 435), October 2, 1917 (U.S.C., title 30, sec. 141), February 25, 1920 (U.S.C., title 30, sec. 181), and March 4, 1921 (U.S.C., title 48, sec. 144). and other Acts relating to the mining and recovery of minerals on Indian and public lands and naval petroleum reserves; and for every other expense incident thereto, including supplies, equipment, expenses of travel and subsistence, the construction, maintenance, and repair of necessary camp buildings and appurtenances thereto, $173,700, of which amount not to exceed $52,500 may be expended for personal services in the District of Columbia;

Scientific, etc., investigations with departments, etc., by the bureau.

During the fiscal year 1935 the head of any department or independent establishment of the Government having funds available for scientific and technical investigations and requiring cooperative work by the Geological Survey on scientific and technical investigations within the scope of the functions of that bureau and which it is unable to perform within the limits of its appropriations may, with the approval of the Secretary of the Interior, transfer to the Geological Survey such sums as may be necessary to carry on such investigations. The Secretary of the Treasury shall transfer on the books of the Treasury Department any sums which may be authorized

Credit of funds.

hereunder, and such amounts shall be placed to the credit of the Geological Survey for the performance of work for the department

Provisos.

Transfer of funds.

or establishment from which the transfer is made: Provided,That any sums transferred by any department or independent establishment of the Government to the Geological Survey for cooperative work in connection with this appropriation may be expended in the same manner as sums appropriated herein may be expended: Provided
Cooperative work.
further, That any funds herein appropriated for the Geological Survey for cooperative work may be utilized prior to July 1, 1934, as required to enable the Geological Survey to continue its cooperative work pending reimbursement from cooperative agencies, the amount so utilized to be repaid to the appropriation from which advanced;

Aerial photographs for aviators, etc.

During the fiscal year 1935, upon the request of the Secretary of the Interior, the Secretary of War or the Secretary of the Navy is authorized to furnish aerial photographs required for mapping projects, insofar as the furnishing of such photographs will be economical to the Federal Government and does not conflict with military or naval operations or the other parts of the regular training program of the Army, Navy, and Marine Corps flying services, and the Secretary

Reimbursement.

of the Interior is authorized to reimburse the War or Navy Department for the cost of making the photographs, such cost to be confined to the actual cost of gasoline, oil, film, paper, chemicals, and the labor performed in developing the photographic negatives and the printing of copies of photographs, and the per diem expenses of the personnel authorized by law, together with such incidental expenses as care and minor repairs to plane and transportation of authorized to furnish copies to any State, county, or municipal agency cooperating with the Federal Government in the mapping project for which the photographs were taken. In the event that the Director of the Geological Survey deems it advantageous to the

Contracts with civilians.

Government, the Geological Survey is authorized to contract with civilian aerial photographic concerns for the furnishing of such photographs;

Transporting effects of employees.

Appropriations herein made shall be available for payment of the costs of packing, crating, and transportation (including drayage) of personal effects of employees upon permanent change of 385station, under regulations to be prescribed by the Secretary of the Interior;

Total, United States Geological Survey, $1,313,500.

OFFICE OF NATIONAL PARKS, BUILDINGS, AND RESERVATIONS

Office of National Parks, Buildings, and Reservations.

Post, p. 389.

Salaries: For the Director of the Office of National Parks, Buildings,

Director, and office personnel.

and Reservations and other personal services in the District of Columbia, including accounting services in checking and verifying

Accounting service.

the accounts and records of the various operators, licensees, and permittees conducting utilities and other enterprises within the national parks and monuments, and including the services of specialists

Specialists and experts.

and experts for investigations and examinations of lands to determine their suitability for national park and national monument purposes and members of the commission appointed under the provisions of the Act of February 21, 1925 (43 Stat., p. 959):

Vol. 43, p. 959.

Provided, That such specialists and experts may be employed for

Proviso.

Employment without reference to Classification Acts, etc.

Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.

U.S.C., p. 65; Supp. VII, p. 34.

Vol. 22, p. 403.

Field employees.

temporary service at rates to be fixed by the Secretary of the Interior to correspond to those established by the Classification Act of 1923, as amended, and without reference to the Civil Service Act of January 16, 1883, $148,390, of which amount not to exceed $20,720 may be expended for the services of field employees engaged in examination of lands and in developing the educational work of the Office of National Parks, Buildings and Reservations.

General expenses: For every expenditure requisite for and incident

Administrative expenses.

to the authorized work of the office of the Director of National Parks, Buildings, and Reservations not herein provided for, including traveling expenses, telegrams, photographic supplies, prints, and motion-picture films, necessary expenses of attendance at meetings concerned with the work of the Office of National Parks, Buildings, and Reservations when authorized by the Secretary of the Interior, and necessary expenses of field employees engaged in examination of lands and in developing the educational work of the Office of National Parks, Buildings, and Reservations, $24,500: Provided, That necessary expenses of field employees in attendance

Proviso.

Field employees, expenses.

at such meetings, when authorized by the Secretary, shall be paid from the various park and monument appropriations.

Acadia National Park, Maine: For administration, protection, and

Acadia, Maine.

maintenance, including $3,000 for George B. Dorr as superintendent, $3,000 for temporary clerical services for investigation of titles and preparation of abstracts thereof of lands donated to the United States for inclusion in the Acadia National Park, and not exceeding $1,800 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $41,470.

Bryce Canyon National Park, Utah: For administration, protection,

Bryce Canyon, Utah.

and maintenance, including not exceeding $300 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with the general park work, $10,490.

Carlsbad Caverns National Park, New Mexico: For administration,

Carlsbad Caverns, N.Mex.

protection, and maintenance, including not exceeding $800 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $52,330.

Crater Lake National Park, Oregon: For administration, protection,

Crater Lake, Oreg.

and maintenance, including not exceeding $800 for the maintenance, operation, and repair of motor-driven passenger-carry-386ing vehicles for the use of the superintendent and employees in connection with general park work, $48,190.

General Grant, Calif.

General Grant National Park, California: For administration, protection, and maintenance, including not exceeding $400 for the maintenance, operation, and repair of a motor-driven passenger-carrying vehicle, $11,750.

Glacier, Mont.

Glacier National Park, Montana: For administration, protection, and maintenance, including necessary repairs to the roads from Glacier Park Station through the Blackfeet Indian Reservation to the various points in the boundary line of the Glacier National Park and the international boundary, including not exceeding $750 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $151,660.

Grand Canyon, Ariz.

Grand Canyon National Park, Arizona: For administration, protection, and maintenance, including not exceeding $1,000 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $102,400.

Grand Teton, Wyo.

Grand Teton, Wyo. Grand Teton National Park, Wyoming: For administration, protection, and maintenance, including not exceeding $700 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $15,620.

Great Smoky Mountains, N.C.-Tenn.

Proposed Great Smoky Mountains National Park, North Carolina and Tennessee: For administration and protection of the portion of the area of such proposed park the title of which has been vested in

Vol. 44, p. 616; U.S. C., p. 1936.

the United States under the provisions of section 3 of the Act of May 22, 1926 (U.S.C., title 16, sec. 403b), including not to exceed $300 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for use in connection with such work, $22,270.

Hawaii.

Hawaii National Park: For administration, protection, and maintenance, including not exceeding $800 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $35,350.

Hot Springs, Ark.

Hot Springs National Park, Arkansas: For administration, protection, maintenance, and improvement, including not exceeding $700 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work. $64,330.

Lassen, Calif.

Lassen Volcanic National Park, California: For administration, protection, and maintenance, including not exceeding $700 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $20,860.

Mesa Verde, Colo.

Mesa Verde National Park, Colorado: For administration, protection, and maintenance, including not exceeding $700 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $39,760.

Mount McKinley, Alaska.

Mount McKinley, Mount McKinley National Park, Alaska: For administration, protection, and maintenance, $22,270.

Mount Rainier, Wash.

Mount Rainier, Mount Rainier National Park, Washington: For administration, protection, and maintenance, including not exceeding $1,500 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $107,730.

387

Platt National Park, Oklahoma: For administration, protection,

Platt, Okla.

Rocky Mountain National Park, Colorado: For administration,

Rocky Mountain, Colo.

protection, and maintenance, including not exceeding $1,200 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $73,370.

Sequoia National Park, California: For administration, protection,

Sequoia, Calif.

and maintenance, including not exceeding $1,200 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work. $86,700.

Proposed Shenandoah National Park, Virginia: For administration,

Shenandoah, Va., proposed.

protection, and maintenance, including not exceeding $400 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $27,680: Provided, That no part

Proviso.

Expenditure conditional.

of this appropriation shall be available for expenditure in advance of the acceptance on behalf of the United States of title to a minimum area of one hundred and sixty thousand acres of land within the

Vol. 47, p. 37.

U.S.C., Supp. VII, p. 304.

proposed Shenandoah National Park, as prescribed in the Act approved February 4, 1932, (U.S.C., Supp. VI, title 16, secs. 403b, 403d; Act of February 4, 1932, 47 Stat. 37).

Wind Cave National Park, South Dakota: For administration,

Wind Cave, S.Dak.

protection, and maintenance, including not exceeding $250 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $14,020.

Yellowstone National Park, Wyoming: For administration, protection,

Yellowstone, Wyo.

and maintenance, including not exceeding $5,700 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, not exceeding $8,400 for maintenance of the road in the national forest leading out of the park from the east boundary, not exceeding $7,500 for maintenance of the road in the national forest leading out of the park from the south boundary, and including feed for buffalo and other animals and salaries of buffalo keepers, $348,490.

Yosemite National Park. California: For administration, protection,

Yosemite, Calif.

and maintenance, including not exceeding $1,800 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, not exceeding $2,000 for maintenance of the road in the Stanislaus National Forest connecting the Tioga Road with the Hetch Hetchy Road near Mather Station, and including necessary expenses of a comprehensive study of the problems relating to the use and enjoyment of the Yosemite National Park and the preservation of its natural features, $250,070.

Zion National Park, Utah: For administration, protection, and

Zion, Utah.

maintenance, including not exceeding $700 for the maintenance, operation, and repair of motor-driven passenger-carrying vehicles for the use of the superintendent and employees in connection with general park work, $35,940.

National monuments: For administration, protection, maintenance,

National monuments.

Administration, etc.

and preservation of national monuments, including not exceeding 388$2,100 for the purchase, maintenance, operation, and repair of motor- driven passenger-carrying vehicles for the use of the custodians and employees in connection with general monument work, $82,760.

National historical parks and monuments.

National historical parks and monuments: For administration, protection, maintenance, and improvement, including the maintenance, operation, and repair of motor-driven passenger-carrying vehicles, $77,350.

Emergency reconstruction, fighting forest fires, etc.

Emergency reconstruction and fighting forest fires in national parks: For reconstruction, replacement, and repair of roads, trails, bridges, buildings, and other physical improvements and of equipment in national parks or national monuments that are damaged or destroyed by flood, fire, storm, or other unavoidable causes during the fiscal year 1935, and for fighting or emergency prevention of forest fires in national parks or other areas administered by the Office of National Parks, Buildings, and Reservations, or fires that

Balance available.

Vol. 47, p. 852.

endanger such areas, $25,000, and in addition thereto the unexpended balance for this purpose for the fiscal year 1934 is continued available during the fiscal year 1935, together with not to exceed $100,000 to be transferred upon the approval of the Secretary of the Interior from the various appropriations for national parks and national monuments herein contained, any such diversions of appropriations

Proviso.

Restriction on allotments.

to be reported to Congress in the annual Budget: Provided, That the allotment of these funds to the various national parks or areas administered by the Office of National Parks, Buildings, and Reservations as may be required for fire-fighting purposes shall be made by the Secretary of the Interior, and then only after the obligation for the expenditure has been incurred.

Forest insect control, fire prevention, etc.

Forest protection and fire prevention: For the control and the prevention of spread of forest insects and tree diseases, including necessary personnel and equipment for such work; and for fire-prevention measures, including necessary personnel and fire-prevention equipment, $69,600.

Commissioners’ salaries.

For salaries of commissioners in Crater Lake, Glacier, Hawaii, Lassen Volcanic, Mesa Verde. Mount Rainier, Rocky Mountain, Sequoia and General Grant, Yellowstone, and Yosemite National Parks, $17,750, which shall be in lieu of all fees and compensation heretofore authorized.

Military parks, battlefields, etc.

Administrative, etc., expenses.

National military parks, battlefields, and cemeteries: For administration, protection, maintenance, and improvement, including the maintenance, operation, and repair of motor-driven passenger-carrying vehicles, $160,030.

National military monuments.

National Military Monuments: For administration, protection, maintenance, and improvement, including the maintenance, operation, and repair of motor-driven passenger-carrying vehicles, $33,770.

Accounting.

The total of the foregoing amounts shall be available in one fund for the Office of National Parks, Buildings, and Reservations.

Lectures.

Appropriations made for the national parks, national monuments, and other reservations under the jurisdiction of the Office of National Parks, Buildings, and Reservations, shall be available for the giving of educational lectures therein.

Public buildings and grounds, D.C.

Salaries and general expenses, public buildings and grounds in the District of Columbia : For administration, protection, maintenance, and improvement of public buildings, monuments, memorials, and grounds in the District of Columbia under the jurisdiction or the Office of National Parks, Buildings, and Reservations, including the Arlington Memorial Bridge, the Mount Vernon Memorial Highway, and other Federal lands authorized by the Act of May 29, 1930

Vol. 46, p. 482.

Vol. 43, p. 174.

(46 Stat. 482), and including the pay and allowances in accordance with the provisions of the Act of May 27, 1924, as amended, of the 389police force of the Mount Vernon Memorial Highway, and the purchase,

Contingent expenses.

at not to exceed $1,500, operation, maintenance, repair, exchange, and storage of revolvers, bicycles, motor-propelled passenger-carrying vehicles, ammunition, uniforms, and equipment necessary for this force; per diem employees at rates of pay approved by the Director, not exceeding current rates for similar services in the District of Columbia; rent of buildings; demolition of buildings; traveling expenses and car fare; leather and rubber articles and gas masks for the protection of public property and employees ; not exceeding $13,000 for uniforms for employees; and the maintenance, repair, exchange, storage, and operation of two motor-propelled passenger-carrying vehicles; $4,000,000, of which amount not to exceed $3,114,000 shall be available for personal services in the District of Columbia, and of this latter amount not to exceed $66,330 shall be available for personal services, without reference to civil service rules, incident to moving various executive departments and establishments in connection with the assignment, allocation, transfer, and survey of space.

Salaries and Expenses, Public Buildings Outside the District of

Salaries and expenses outside the District.

Columbia: For administration, protection, and maintenance, including improvement, repair, cleaning, heating, lighting, rental of buildings and equipment, supplies, materials, personal services at rates of compensation not in excess of the rates current in the place where such services are employed, and every expenditure requisite for and incidental to such maintenance and operation of public buildings outside of the District of Columbia under the jurisdiction of the Office of National Parks, Buildings, and Reservations, $78,590.

Hereafter the Office of National Parks, Buildings, and Reservations

To be known as “National Park Service” hereafter.

shall be known as the “ National Park Service ”, and appropriations herein made for the Office of National Parks, Buildings, and Reservations shall be available to the National Park Service, and

Continuance of present personnel.

the services of the Director and personnel of the Office of National Parks, Buildings, and Reservations shall be continued in the National Park Service under their present appointments.

OFFICE OF EDUCATION

Office of Education.

salaries For the Commissioner of Education and other personal services

Commissioner, and office personnel.

in the District of Columbia, $220,500. general expenses

General expenses.

For necessary traveling expenses of the commissioner and

Travel, attendance at meetings, etc.

employees acting under his direction, including attendance at meetings of educational associations, societies, and other organizations; for compensation, not to exceed $500, of employees in field service; for purchase, distribution, and exchange of educational documents, motion-picture films, and lantern slides; collection, exchange, and cataloging of educational apparatus and appliances, articles of school furniture and models of school buildings illustrative of foreign and domestic systems and methods of education, and repairing the same; and other expenses not herein provided for, $12,500. federal board for vocational education

Federal Board for Vocational Education.

For extending to the Territory of Hawaii the benefits of the

Extending benefits to Hawaii.

Vol. 39, p. 929; U. S. C., p. 609.

Act entitled “An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promo-390tion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate

Vol. 43, p. 18; U.S.C., p. 612.

its expenditure”, approved February 23, 1917 (U.S.C., title 20, secs. 11–18), in accordance with the provisions of the Act entitled “An Act to extend the provisions of certain laws to the Territory of Hawaii”, approved March 10, 1924 (U.S.C., title 20, sec. 29), $30,000.

Cooperative rehabilitation of persons injured in industry, expenses.

Vol. 41, p. 735; Vol. 43, p. 431; Vol. 46, p. 524; Vol. 47, p. 448.

U.S.C., p. 948; Supp. VII, 745.

Cooperative Vocational Rehabilitation of Persons Disabled in Industry: For carrying out the provisions of the Act entitled “An Act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment”, approved June 2, 1920 (U.S.C., title 29, sec. 35), as amended by the Act of June 5, 1924 (U.S.C., title 29, sec. 31), and the Acts of June 9, 1930, and June 30, 1932 (U.S.C., Supp. VI, title 29, secs. 31–40), $1,097,000.

Salaries and expenses.

Salaries and expenses. Salaries and expenses: For making studies, investigations, and reports regarding the vocational rehabilitation of disabled persons and their placements in suitable or gainful occupations, and for the administrative expenses of said Board incident to performing the duties imposed by the Act of June 2, 1920 (U.S.C., title 29, sec. 35), as amended by the Act of June 5, 1924 (U.S.C., title 29, sec. 31), and the Acts of June 9, 1930, and June 30, 1932 (U.S.C., Supp. VI, title 29, secs. 31, 40), including salaries of such assistants, experts, clerks, and other employees, in the District of Columbia or elsewhere, as the Board may deem necessary, actual traveling and other necessary expenses incurred by the members of the Board and by its employees, under its order's; including attendance at meetings of educational associations and other organizations, rent and equipment of offices in the District of Columbia, and elsewhere, purchase of books of reference, law books, and periodicals, newspapers not to exceed $50, stationery, typewriters and exchange thereof, miscellaneous supplies, postage on foreign mail, printing and binding, and all other necessary expenses, $58,000, of which amount not to exceed $48,000 may be expended for personal services in the District of Columbia.

Cooperative rehabilitation of disabled residents of District of Columbia.

Cooperative vocational rehabilitation of disabled residents of the residents of District of District of Columbia: For personal services, printing and binding, travel and subsistence, and payment of expenses of training, placement, and other phases of rehabilitating, disabled residents of the

Vol. 45, p. 1260.

U.S.C., Supp. VII, P. 747.

District of Columbia under the provisions of the Act entitled “An Act to provide for the vocational rehabilitation of disabled residents of the District of Columbia”, approved February 23, 1929 (U.S.C., Supp. VI, title 29, secs. 47–47e), $15,000.

Extending benefits to Puerto Rico.

Vol. 39, p. 930; Vol. 46, p. 1489.

U.S.C., p. 609; Supp. VII, p. 459.

in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure”, approved February 23, 1917 (U.S.C., title 20, secs. 11–18), in accordance with the provisions of the Act entitled “An Act to extend the provisions of certain laws relating to vocational education and civilian rehabilitation to Puerto Rico”, approved March 3, 1931 (U.S.C., title 20, secs. 11–18; title 29, secs. 31–35; U.S.C., Supp. VI, title 20, sec. 30), $105,000.

Attendance at meetings.

Appropriations available to the Federal Board for Vocational Education for salaries and expenses shall be available for expenses of attendance at meetings of educational associations and other organi-391zations which in the discretion of the board are necessary for the efficient discharge of its responsibilities.

Pursuant to the provisions of section 407 of title IV of part II of

Effective date of Executive Order 6586, dated February 6, 1934.

Vol. 47, p. 414.

the Legislative Appropriation Act, fiscal year 1933, as amended, Executive Order Numbered 6586, dated February 6, 1934, revoking section 18 of Executive Order Numbered 6166, dated June 10, 1933, shall take effect on the date of approval of this Act.

GOVERNMENT IN THE TERRITORIES

Government in the Territories.

territory of alaska

Alaska.

Salaries of the governor and of the secretary $14,040.

Governor and secretary.

Incidental and contingent expenses.

For incidental and contingent expenses of the offices of the governor and of the secretary of the Territory, clerk hire, not to exceed $7,740; janitor service for the governor’s office and the executive mansion, not to exceed $2,870; traveling expenses of the governor while absent from the capital on official business and of the secretary of the Territory while traveling on official business under direction of the governor; repair and preservation of governor’s house and furniture; for care of grounds and purchase of necessary equipment; stationary,¹¹So in original. lights, water, and fuel; in all, $14,720, to be expended under the direction of the governor.

Legislative expenses: For salaries of members, $19,440; mileage

Legislative expenses.

of members, $9,500; salaries of employees, $4,680; printing, indexing, comparing proofs, and binding laws, printing, indexing, and binding journals, stationery, supplies, printing of bills, reports, and so forth, $8,700; in all, $42,320, to be expended under the direction of the Governor of Alaska.

Reindeer for Alaska: For support of reindeer stations in Alaska

Reindeer.

and instruction in the care and management of reindeer, including salaries of necessary employees in Alaska, traveling expenses of employees, including expenses of new appointees from Seattle, Washington, to their posts of duty in Alaska, and expenses of packing, crating, and transportation (including drayage) of personal effects of employees upon permanent change of station within Alaska, under regulations to be prescribed by the Secretary of the Interior, purchase, erection, and repair of cabins for supervisors, herders, and apprentices, equipment, and all other necessary miscellaneous expenses, $30,520, to be available immediately.

Insane of Alaska: For care and custody of persons legally

Care of insane.

adjudged insane in Alaska, including compensation of medical supervisor detailed from Public Health Service, transportation, burial, and other expenses, $161,600: Provided, That authority is

Provisos.

Payments.

granted to the Secretary of the Interior to pay from this appropriation to the Sanitarium Company, of Portland, Oregon, or to other contracting institution or institutions, not to exceed $564 per capita per annum for the care and maintenance of Alaskan insane patients during the fiscal year 1935: Provided further, That so much

Returning non-Alaskan residents.

of this sum as may be required shall be available for all necessary expenses in ascertaining the residence of inmates and in returning those who are not legal residents of Alaska to their legal residence or to their friends, and the Secretary of the Interior shall, so soon as practicable, return to their places of residence or to their friends all inmates not residents of Alaska at the time they became insane, and the commitment papers for any person hereafter adjudged insane shall include a statement by the committing authority as to the legal residence of such person.

392

Roads, bridges, trails, etc.

For the repair and maintenance of roads, tramways, ferries, bridges, and trails, Territory of Alaska, to be expended under the

Vol. 47, p. 446.

U.S.C., Supp. VII, p. 984.

provisions of Public Resolution Numbered 218, approved June 30, 1932 (Supp. VI. title 48, secs. 321a-321d), $451,900; for repair and maintenance of Government wharf at Juneau, Alaska, $100; in all, $452,000, to be immediately available.

Alaska Railroad.

Maintenance, etc.

The Alaska Railroad: For every expenditure requisite for and incident to the authorized work of the Alaska Railroad, including maintenance, operation, and improvements of railroads in Alaska; maintenance and operation of river steamers and other boats on the

Operation, etc., of vessels.

Yukon River and its tributaries in Alaska; operation and maintenance of ocean-going or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the

Additional facilities for freight transportation.

purpose of providing additional facilities for the transportation of freight, passengers, or mail, when deemed necessary, for the benefit and development of industries and travel affecting territory tributary to the Alaska Railroad; stores for resale; payment of claims for losses and damages arising from operations, including claims of employees of the railroad for loss and damage resulting from wreck or accident on the railroad, not due to negligence of the claimant, limited to clothing and other necessary personal effects used in connection with his duties and not exceeding $100 in value; payment of amounts due connecting lines under traffic agreements; payment

Vol. 39, p. 750.

U.S.C., p. 81.

of compensation and expenses as authorized by section 42 of the Injury Compensation Act approved September 7, 1916 (U.S.C., title 5, sec. 793), to be reimbursed as therein provided. $1,000, in addition to all amounts received by the Alaska Railroad during the

Provisos.

Services in the District.

fiscal year 1935, to continue available until expended: Provided,That not to exceed $5,400 of this fund shall be available for personal services in the District of Columbia during the fiscal year 1935, and no one other than the general manager of said railroad shall be paid an annual salary out of this fund of more than $5,400: Provided
Printing and binding.
further, That not to exceed $9,000 of such fund shall be available for printing and binding.

territory of hawaii

Hawaii.

Governor and secretary.

Contingent expenses.

Salaries of the governor and of the secretary, $14,220.

For contingent expenses, to be expended by the governor for stationery, postage, and incidentals, $1,000; private secretary to the governor; temporary clerk hire, $500; for traveling expenses of the governor while absent from the capital on official business, $1,250; in all, $5,490.

Legislative expenses.

Legislative expenses, Territory of Hawaii: For compensation and mileage of members of the Legislature of the Territory of Hawaii as provided by the Act of June 27, 1930 (U.S.C., Supp. VI, title 48, sec. 599), $42,500.

TEMPORARY GOVERNMENT FOR THE VIRGIN ISLANDS

Virgin Islands.

Governor, and other personal services.

Vol. 39, p. 1132.

U.S.C. p. 1643.

For salaries of the Governor and employees incident to the execution of the Act of March 3, 1917 (U.S.C., title 48, sec. 1391), traveling expenses of officers and employees while absent from place of duty on official business, necessary janitor service, care of Federal grounds, repair and preservation of Federal buildings and furniture, purchase of equipment, stationery, lights, water, and other necessary

Miscellaneous expenses.

miscellaneous expenses, including not to exceed $4,000 for purchase, including exchange, maintenance, repair, and operation of motor-393propelled passenger-carrying vehicles, and not to exceed $4,000 for personal services, household equipment and furnishings, fuel, ice, and electricity necessary in the operation of Government House at Saint Thomas and Government House at Saint Croix; $117,840.

For salaries and expenses of the agricultural experiment station

Agricultural experiment stations.

and the vocational school in the Virgin Islands, including technical personnel, clerks, and other persons; scientific investigations of plants and plant industries and diseases of animals; demonstrations in practical farming; official traveling expenses; fixtures, apparatus, and supplies; clearing and fencing of land; and other necessary expenses, including not to exceed $2,000 for purchase, including exchange, maintenance, repair, and operation of motor-propelled passenger-carrying vehicles, $29,968.

For defraying the deficits in the treasuries of the municipal

Deficits of municipal governments.

governments because of the excess of current expenses over current revenues for the fiscal year 1935, municipality of Saint Thomas and Saint John, $90,000, and municipality of Saint Croix, $82,600; in all, $172,600: Provided, That the amount herein appropriated for each

Provisos.

Division of deficit.

municipal government shall be expended only if an equivalent amount is raised by municipal revenues and applied to the operating costs of the respective government, except that for the fiscal year 1935 the contribution to the municipal governments shall not be less than $86,000 for the municipality of Saint Thomas and Saint John and $78,600 for the municipality of Saint Croix: Provided further, That

Excess revenues for improvements.

should the revenues of the municipality of Saint Thomas and Saint John, during the fiscal year 1935, exceed $90,000, and/or the revenues of the municipality of Saint Croix exceed $82,600, such excess revenues may be expended for municipal improvements and operating costs of the municipalities under such rules and regulations as the President may prescribe.

For such projects for the further development of agriculture and

Further developing projects.

industry, and for promoting the general welfare of the islands as may be approved by the President, including the acquisition by

Acquisition of land.

purchase, condemnation, or otherwise, of land and the construction of buildings for use in administering the affairs of the islands; the purchase of land for sale as homesteads to citizens of the Virgin Islands; and the making of loans for the construction of buildings,

Loans for building construction.

for the purchase of farming implements and equipment, and for other expenses incident to the cultivation of land purchased for resale as homesteads, $14,350.

SAINT ELIZABETHS HOSPITAL

Saint Elizabeths Hospital.

For support, clothing, and treatment in Saint Elizabeths Hospital

Maintenance, etc.

for the Insane of insane persons from the Army, Navy, Marine Corps, and Coast Guard, insane inmates of the National Home for Disabled Volunteer Soldiers, persons charged with or convicted of crimes against the United States who are insane, all persons who have become insane since their entry into the military and naval service of the United States, insane civilians in the quartermaster service of the Army, insane persons transferred from the Canal Zone who have been admitted to the hospital and who are indigent, American citizens legally adjudged insane in the Dominion of Canada

Insane citizens in Canada.

whose legal residence in one of the States, Territories, or the District of Columbia it has been impossible to establish, insane beneficiaries of the United States Employees’ Compensation Commission, and insane beneficiaries of the United States Veterans’ Administration, including not exceeding $27,000 for the purchase, exchange, maintenance, repair, and operation of motor-propelled passenger-394

Vehicles.

carrying vehicles for the use of the superintendent, purchasing agent, and general hospital business, and including not to exceed $175,000

Repairs and improvements.

for repairs and improvements to buildings and grounds, $1,064,961, including maintenance and operation of necessary facilities for feeding employees and others (at not less than cost), and the proceeds therefrom shall reimburse the appropriation for the institution; and not exceeding $1,500 of this sum may be expended in the removal of patients to their friends, not exceeding $1,500 in the purchase of such books, periodicals, and newspapers, as may be required for the purposes of the hospital and for the medical library, and not exceeding

Return of escaped patients.

Provisos.

Returning inmates not Federal charges.

$1,500 for the actual and necessary expenses incurred in the apprehension and return to the hospital of escaped patients: Provided, That so much of this sum as may be required shall be available for all necessary expenses in ascertaining the residence of inmates who are not or who cease to be properly chargeable to Federal maintenance in the institution and in returning them to such places of substitutes

Purchase of butter substitutes.

Patients in the District.

residence: Provided further, That no part of this appropriation shall be expended for the purchase of oleomargarine or butter substitutes except for cooking purposes: Provided further, That during the fiscal year 1935 the District of Columbia, or any branch of the Government requiring Saint Elizabeths Hospital to care for patients for which they are responsible, shall pay by check to the superintendent, upon his written request, either in advance or at the end of each month, all or part of the estimated or actual cost of such maintenance, as the case may be, and bills rendered by the Superintendent of Saint Elizabeths Hospital in accordance herewith shall not be subject to audit or certification in advance of payment; proper adjustments on the basis of the actual cost of the care of patients paid for in advance shall be made monthly or quarterly, as may be agreed upon between the Superintendent of Saint Elizabeths Hospital and the District of Columbia government, department, or establishments concerned. All sums paid to the Superintendent of

Credit of sums paid for patients.

Saint Elizabeths Hospital for the care of patients that he is authorized by law to receive shall be deposited to the credit on the books of the Treasury Department of the appropriation made for the care and maintenance of the patients at Saint Elizabeths Hospital for the year in which the support, clothing, and treatment is provided, and be subject to requisition by the disbursing agent of Saint Elizabeths Hospital, upon the approval of the Secretary of the Interior. COLUMBIA INSTITUTION FOR THE DEAF

Columbia Institution for the Deaf.

Maintenance, etc.

For support of the institution, including salaries and incidental expenses, books and illustrative apparatus, and general repairs and improvements, $119,600. HOWARD UNIVERSITY

Howard University.

Salaries.

Salaries: For payment in full or in part of the salaries of the officers, professors, teachers, and other regular employees of the university, the balance to be paid from privately contributed funds, $405,000, of which sum not less than $2,200 shall be used for normal instruction;

General expenses.

General expenses: For equipment, supplies, apparatus, furniture, cases and shelving, stationery, ice, repairs to buildings and grounds, and for other necessary expenses, including reimbursement to the appropriation for Freedmen’s Hospital of actual cost of heat and light furnished, $200,000;

Total, Howard University, $605,000.

395 FREEDMEN’S HOSPITAL

Freedmen’s Hospital.

For officers and employees and compensation for all other professional

Salaries, etc.

and other services that may be required and expressly approved by the Secretary of the Interior, $187,570: for subsistence, fuel and light, clothing, to include white duck suits and white canvas shoes

Contingent expenses.

for the use of internes, and rubber surgical gloves, bedding, forage, medicine, medical and surgical supplies, surgical instruments, electric lights, repairs, replacement of X-ray apparatus, furniture, purchase, at not to exceed $650, of one passenger-carrying automobile, and maintenance and operation of passenger-carrying vehicles, including not exceeding $300 for the purchase of books, periodicals, and newspapers; and not to exceed $1,200 for the special instruction of pupil nurses, and other absolutely necessary expenses, Division of expenses,

Division of expenses.

$70,580; in all, for Freedmen’s Hospital, $258,150. of which amount one half shall be chargeable to the District of Columbia and paid in like manner as other appropriations of the District of Columbia are paid.

Sec. 2. Appropriations herein made for field work under the General

Field work appropriations available for work animals, etc.

Land Office, the Bureau of Indian Affairs, the Bureau of Reclamation, the Geological Survey, and the Office of National Parks, Buildings, and Reservations shall be available for the hire, with or without personal services, of work animals and animal-drawn and motor-propelled vehicles and equipment.

Approved, March 2, 1934.

To provide for the care and transportation of seamen from shipwrecked fishing and whaling vessels. 1934-03-05 40 Chapter 48 Stat. 395 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 40.]

AN ACT To provide for the care and transportation of seamen from shipwrecked fishing and whaling vessels.

March 5, 1934.

[H. R. 7205.]

[Public, No. 110.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 3

Seamen from shipwrecked fishing and whaling vessels.

Care and transportation of, provided.

Vol. 30, p. 755, U.S.C., p. 1514.

(relating to the care and transportation of shipwrecked merchant seamen) of the Act approved December 21, 1898 (U.S.C., title 46, sec. 593), entitled “An Act to amend the laws relating to American seamen, for the protection of such seamen, and to promote commerce”, shall apply to fishing and whaling vessels, notwithstanding the provisions of section 26 of such Act.

Approved, March 5, 1934.

To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Farnam Street, Omaha, Nebraska. 1934-03-05 41 Chapter 48 Stat. 395 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 41.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Farnam Street, Omaha, Nebraska.

March 5, 1934.

[H. R. 7554.]

[Public, No. 111.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the times for

Missouri River.

Time extended for bridging, at Omaha, Nebr.

Vol. 46, pp. 544,1192; Vol. 47, pp. 290, 903, amended.

commencing and completing the construction of a bridge across the Missouri River at or near Farnam Street, Omaha, Nebraska, authorized to be built by the Omaha-Council Bluffs Missouri River Bridge Board of Trustees by an Act of Congress approved June 10, 1930, heretofore extended by Acts of Congress approved February 20, 1931, June 9, 1932, and February 24, 1933, are hereby further extended one and three years, respectively, from June 10, 1934.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, March 5, 1934.

To extend the times for commencing and completing the construction of a bridge across the Mississippi River between New Orleans and Gretna, Louisiana. 1934-03-05 42 Chapter 48 Stat. 396 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 396 [CHAPTER 42.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Mississippi River between New Orleans and Gretna, Louisiana.

March 5, 1934.

[H. R. 7705.]

[Public, No. 112.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the times for

Mississippi River.

Time extended for bridging, between New Orleans and Gretna, La.

Vol. 41, p. 1270; Vol. 45, pp. 193, 1229; Vol. 46, p. 551; Vol. 47, p. 1416, amended.

commencing and completing the construction of a bridge across the Mississippi River between New Orleans and Gretna, Louisiana, authorized to be built by George A. Hero and Allen S. Hackett, their successors and assigns, by Act of Congress approved March 2, 1927, heretofore extended by Acts of Congress approved March 6, 1928, February 19, 1929, June 10, 1930, and March 1, 1933, are hereby extended one and three years, respectively, from March 2, 1934.

Amendment.

Sec. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, March 5, 1934.

To repeal certain specific Acts of Congress and an amendment thereto enacted to regulate the manufacture, sale, or possession of intoxicating liquors in the Indian Territory, now a part of the State of Oklahoma. 1934-03-05 43 Chapter 48 Stat. 396 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 43.]

AN ACT To repeal certain specific Acts of Congress and an amendment thereto enacted to regulate the manufacture, sale, or possession of intoxicating liquors in the Indian Territory, now a part of the State of Oklahoma.

March 5, 1934.

[H. R. 6219.]

[Public, No. 113.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Acts of

Manufacture, etc., of intoxicating liquors in Indian Territory (Oklahoma).

Certain specific Acts concerning, repealed.

Vol. 27, p. 260; Vol. 29, p. 506; Vol. 28, p. 697; Vol. 40, p. 563; Vol. 41, p. 4.

U.S.C., p. 705.

Congress of July 23, 1892 (27 Stat. 260); January 30, 1897 (29 Stat. 506); section 8, chapter 145, of the Act of March 1, 1895 (28 Stat. 697); and that part of the Act of May 25, 1918 (40 Stat. 563), as amended by the Act of June 30, 1919 (41 Stat. 4), which is embraced in section 244, title 25, United States Code, be, and they are hereby, repealed insofar as they apply to and affect that part of the State of Oklahoma formerly known as “ Indian Territory ”:

Proviso.

Exception.

Provided, That this Act shall not be construed to repeal the Acts herein referred to insofar as they apply to any tract of land upon which there may be now or hereafter located any Indian school maintained by or under the supervision of the United States Government.

Approved, March 5, 1934.

To award the Distinguished Service Cross to former holders of the certificate of merit, and for other purposes. 1934-03-05 44 Chapter 48 Stat. 396 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 44.]

AN ACT To award the Distinguished Service Cross to former holders of the certificate of merit, and for other purposes.

March 5, 1934.

[H. R. 715.]

[Public, No. 114.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Distinguished

Distinguished Service Cross.

Award of, to Army enlisted men holding certificate of merit.

Service Cross shall be issued to all enlisted men of the Army to whom the certificate of merit was issued under the provisions of previously existing law in lieu of such certificate of merit.

To holders of Distinguished Service Medal.

Vol. 40, p. 870; U.S.C., p. 222.

Sec. 2. Those persons who have heretofore received the Distinguished Service Medal in lieu of the certificate of merit under the provisions of the Act of July 9, 1918 (40 Stat. 870–872). shall be issued the Distinguished Service Cross provided the Distinguished

Surrender of medal required.

Service Medal is first surrendered to the War Department.

Approved, March 5, 1934.

Authorizing the President to invite the States of the Union and foreign countries to participate in the International Petroleum Exposition at Tulsa, Oklahoma, to be held May 12 to May 19, 1934, inclusive. 1934-03-05 45 Chapter 48 Stat. 397 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 397 [CHAPTER 45.]

JOINT RESOLUTION Authorizing the President to invite the States of the Union and foreign countries to participate in the International Petroleum Exposition at Tulsa, Oklahoma, to be held May 12 to May 19, 1934, inclusive.

March 5, 1934.

[S. J. Res. 80.]

[Pub. Res., No. 14.]

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

That the President of the

International Petroleum Exposition, Tulsa, Okla.

Proclamation to invite participation.

United States is authorized to invite by proclamation, or in such other manner as he may deem proper, the States of the Union and all foreign countries to participate in the proposed International Petroleum Exposition, to be held at Tulsa, Oklahoma, from May 12 to May 19, 1934, inclusive, for the purpose of exhibiting samples of fabricated and raw products of all countries used in the petroleum industry and bringing together buyers and sellers for promotion of trade and commerce in such products.

Sec. 2. All articles that shall be imported from foreign countries

Admission of articles for exhibition.

for the sole purpose of exhibition at the International Petroleum Exposition upon which there shall be a tariff or customs duty shall be admitted free of the payment of duty, customs, fees, or charges, under such regulations as the Secretary of the Treasury shall prescribe; but it shall be lawful at any time during the exhibition to sell

Sales permitted, subject to revenue regulations.

any goods or property imported for and actually on exhibition, subject to such regulations for the security of the revenue and for the collection of import duties as the Secretary of the Treasury may prescribe: Provided, That all such articles when sold or withdrawn for

Proviso.

Payment of duty.

consumption or use in the United States shall be subject to the duty, if any, imposed upon such articles by the revenue laws in force at the date of withdrawal; and on such articles which shall have suffered

Allowance for deterioration, etc.

diminution or deterioration from incidental handling and necessary exposure, the duty, if paid, shall be assessed according to the appraised value at the time of withdrawal for consumption or use, and the penalties prescribed by law shall be enforced against any

Penalty for illegal sales, etc.

person guilty of any illegal sale, use, or withdrawal.

Sec. 3. That the Government of the United States is not by this

No Government expense.

resolution obligated to any expense in connection with the holding of such exposition and is not hereafter to be obligated other than for suitable representation thereat.

Approved, March 5, 1934.

To amend Public Act Numbered 81 of the Seventy-third Congress, relating to the sale of timber on Indian land. 1934-03-05 46 Chapter 48 Stat. 397 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 46.]

JOINT RESOLUTION To amend Public Act Numbered 81 of the Seventy-third Congress, relating to the sale of timber on Indian land.

March 5, 1934.

[H. J. Res. 278.]

[Pub. Res., No. 15.]

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

That the last proviso in

Indian lands, timber sales contracts.

Ante, p. 311.

the Act of June 16, 1933 (Public, Numbered 81, Seventy-third Congress, first session; 48 Stat.L. 311), relating to the sale of timber on Indian lands, be, and the same hereby is, amended to read as follows: “And provided further, That the authority granted herein shall

Authority conferred to terminate September 4, 1934.

terminate on the 4th day of September 1934.”

Approved, March 5, 1934.

To extend the period during which direct obligations of the United States may be used as collateral security for Federal Reserve notes. 1934-03-06 47 Chapter 48 Stat. 398 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 398 [CHAPTER 47.]

AN ACT To extend the period during which direct obligations of the United States may be used as collateral security for Federal Reserve notes.

March 6, 1934.

[S. 2766.]

[Public, No. 115.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the second

Federal Reserve notes.

Vol. 38, p. 265; Vol. 40, p. 236; Vol 47, pp. 57, 794; U.S.C., p. 284; Supp. VII, p. 175.

Issue to Federal Reserve bank.

Ante, p. 337.

Collateral required, nature of.

paragraph of section 16 of the Federal Reserve Act, as amended, is amended to read as follows:

“Any Federal Reserve bank may make application to the local Federal Reserve agent for such amount of the Federal Reserve notes hereinbefore provided for as it may require. Such application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under the provisions of section

Vol. 38, pp. 263, 264.

13 of this Act, or bills of exchange indorsed by a member bank of any Federal Reserve district and purchased under the provisions of section 14 of this Act, or bankers’ acceptances purchased under the

Proviso.

U.S. direct obligations as collateral security for Reserve notes until March 3, 1935.

provisions of said section 14, or gold certificates: Provided, however, That until March 3, 1935, or until the expiration of such additional period not exceeding two years as the President may prescribe, the Federal Reserve Board may, should it deem it in the public interest, upon the affirmative vote of not less than a majority of its members, authorize the Federal Reserve banks to offer, and the Federal Reserve agents to accept, as such collateral security, direct obligations of the

Retirement of, on expiration of authorization.

United States. On such date or upon the expiration of such period so prescribed by the President, or sooner should the Federal Reserve Board so decide, such authorization shall terminate and such obligations of the United States be retired as security for Federal

Security to equal notes.

Reserve notes. In no event shall such collateral security be less than the amount of Federal Reserve notes applied for. The Federal

Daily notices of withdrawals, etc.

Reserve agent shall each day notify the Federal Reserve Board of all issues and withdrawals of Federal Reserve notes to and by the Federal Reserve bank to which he is accredited. The said Federal

Additional security.

Reserve Board may at any time call upon a Federal Reserve bank for additional security to protect the Federal Reserve notes issued to it.”

Approved, March 6, 1934.

To revive and reenact the Act entitled “An Act granting the consent of Congress to the Mill Four Drainage District in Lincoln County, Oregon, to construct, maintain, and operate dams and dikes to prevent the flow of waters of Yaquina Bay and River into Nutes Slough, Boones Slough, and sloughs connected therewith”, approved June 17, 1930. 1934-03-08 48 Chapter 48 Stat. 398 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 48.]

AN ACT To revive and reenact the Act entitled “An Act granting the consent of Congress to the Mill Four Drainage District in Lincoln County, Oregon, to construct, maintain, and operate dams and dikes to prevent the flow of waters of Yaquina Bay and River into Nutes Slough, Boones Slough, and sloughs connected therewith”, approved June 17, 1930.

March 8, 1934.

[S. 1759.]

[Public, No. 116.]

Be it enacted by the Senate and House of Representatives of th United States of America in Congress assembled,

That the Act

Yaquina Bay and River.

Time extended for constructing dams and dikes on.

Vol. 46, p. 767.

approved June 17, 1930, granting the consent of Congress to the Mill Four Drainage District, in Lincoln County, Oregon, to construct, maintain, and operate dams and dikes to prevent the flow of waters of Yaquina Bay and River into Nutes Slough, Boones Slough, and sloughs connected therewith, be, and the same is hereby,

Proviso.

Commencement, etc.

revived and reenacted : Provided, That this Act shall be null and void unless the actual construction of the dams and dikes herein referred to be commenced within one year and completed within three years from the date of approval hereof.

399

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, March 8, 1934.

To amend an Act entitled “An Act to give the Supreme Court of the United States authority to prescribe rules of practice and procedure with respect to proceedings in criminal cases after verdict.” 1934-03-08 49 Chapter 48 Stat. 399 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 49.]

AN ACT To amend an Act entitled “An Act to give the Supreme Court of the United States authority to prescribe rules of practice and procedure with respect to proceedings in criminal cases after verdict.”

March 8, 1934.

[S. 2461.]

[Public, No. 117.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act of

Proceedings in criminal cases after verdict.

Vol. 47, p. 904.

U.S.C., Supp. VII, p. 741.

February 24, 1933 (ch. 119), entitled “An Act to give the Supreme Court of the United States authority to prescribe rules of practice and procedure with respect to proceedings in criminal cases after verdict” (U.S.C., title 28, sec. 723a), be, and the same is hereby, amended to read as follows:

“That the Supreme Court of the United States shall have the

Power of Supreme Court to prescribe, by rules.

When finding of guilt by court, or plea of guilty entered.

power to prescribe, from time to time, rules of practice and procedure with respect to any or all proceedings after verdict, or finding of guilt by the court if a jury has been waived, or plea of guilty, in criminal cases in district courts of the United States, including the District Courts of Alaska, Hawaii, Puerto Rico, Canal Zone, and Virgin Islands, in the Supreme Courts of the District of Columbia, Hawaii, and Puerto Rico, in the United States Court for China, in the United States Circuit Courts of Appeals, in the Court of Appeals of the District of Columbia, and in the Supreme Court of the United States: Provided, That nothing herein contained shall be construed

Proviso.

Right to withdraw plea, not abridged.

to give the Supreme Court the power to abridge the right of the accused to apply for withdrawal of a plea of guilty, if such application be made within ten days after entry of such plea, and before sentence is imposed.

“ Sec. 2. The right of appeal shall continue in those cases in which

Existing right of appeal continued.

Rules for taking appeals, preparing records, etc., authorized.

appeals are now authorized by law, but the rules made as herein authorized may prescribe the times for and manner of taking appeals and applying for writs of certiorari and preparing records and bills of exceptions and the conditions on which supersedeas or bail may be allowed.

“ Sec. 3. The Supreme Court may fix the dates when such rules

Supreme Court to fix effective dates.

Conflicting laws.

shall take effect and the extent to which they shall apply to proceedings then pending, and after they become effective all laws in conflict therewith shall be of no further force.”

Approved, March 8, 1934.

To authorize the Secretary of War to sell to the Plattsburgh National Bank and Trust Company a tract of land comprising part of the Plattsburgh Barracks Military Reservation, New York. 1934-03-10 52 Chapter 48 Stat. 399 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 52.]

AN ACT To authorize the Secretary of War to sell to the Plattsburgh National Bank and Trust Company a tract of land comprising part of the Plattsburgh Barracks Military Reservation, New York.

March 10, 1934.

[H. R. 93.]

[Public, No. 118.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Plattsburgh Barracks Military Reservation, N. Y.

Sale of part authorized.

of War be, and he is hereby authorized, in his discretion, to sell upon such terms and conditions as he considers advisable, a tract of land containing approximately one-half acre, comprising a part of the Plattsburgh Barracks Military Reservation, New York, and situated in the northwest corner thereof, which said tract is no longer needed for military purposes, and to execute and deliver in the name 400of the United States and in its behalf, any and all contracts, conveyances,

Proceeds to credit of post construction fund.

or other instruments necessary to effectuate such sale; the proceeds of the sale of the property hereinbefore designated to be deposited in the Treasury to the credit of the fund known as the

Provisos.

Appraisal.

Sale price.

military post construction fund: Provided, That the Secretary of War shall have the said tract appraised: And provided further, That the Secretary of War shall not sell said tract of land for a less consideration than the appraised value thereof.

Approved, March 10, 1934.

To authorize the Department of Agriculture to issue a duplicate check in favor of Department of Forests and Waters, Commonwealth of Pennsylvania, the original check having been lost. 1934-03-10 53 Chapter 48 Stat. 400 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 53.]

AN ACT To authorize the Department of Agriculture to issue a duplicate check in favor of Department of Forests and Waters, Commonwealth of Pennsylvania, the original check having been lost.

March 10, 1934.

[S. 115.]

[Public, No. 119.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That notwithstanding

Pennsylvania, Department of Forests and Waters.

Issue of duplicate check to, in lieu of lost original.

R.S., sec. 3646, p. 717.

U.S.C., p. 1009.

the provisions of section 3646, as amended, of the Revised Statutes of the United States, the disbursing clerk of the Department of Agriculture is authorized and directed to issue, without the requirement of an indemnity bond, a duplicate of original check numbered 2675700, drawn November 19, 1931, in favor of Department of Forests and Waters, Commonwealth of Pennsylvania, for $345, the original check having been lost.

Approved, March 10, 1934.

To establish fish and game sanctuaries in the national forests. 1934-03-10 54 Chapter 48 Stat. 400 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 54.]

AN ACT To establish fish and game sanctuaries in the national forests.

March 10, 1934.

[S. 2277.]

[Public, No. 120.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That for the purpose

National forests, fish and game sanctuaries.

President authorized to set aside certain areas for.

of providing breeding places for game birds, game animals, and fish on lands and waters in the national forests not chiefly suitable for agriculture, the President of the United States is hereby authorized, upon recommendation of the Secretary of Agriculture and the Secretary of Commerce and with the approval of the State legislatures of the respective States in which said national forests are situated, to establish by public proclamation certain specified and limited areas within said forests as fish and game sanctuaries or refuges which shall be devoted to the increase of game birds, game animals, and fish of all kinds naturally adapted thereto, but it is not intended that the lands included in such fish and game sanctuaries

Other uses of forest reserves permitted.

or refuges shall cease to be parts of the national forests wherein they are located, and the establishment of such fish and game sanctuaries or refuges shall not prevent the Secretary of Agriculture from permitting other uses of the national forests under and in conformity with the laws and the rules and regulations applicable thereto so far as such uses may be consistent with the purposes for which such fish and game sanctuaries or refuges are authorized to be established.

Unlawful acts.

Sec. 2. That when such fish and game sanctuaries or refuges have been established as provided in section 1 of this Act, hunting, pursuing, poisoning, angling for, killing, or capturing by trapping, netting, or any other means or attempting to hunt, pursue, angle for, kill, or capture any wild animals or fish for any purpose whatever upon the lands of the United States within the limits of said fish and 401game sanctuaries or refuges shall be unlawful except as hereinafter

Exception.

provided, and any person violating any provision of this Act or any of the rules and regulations made under the provisions of this Act shall be deemed guilty of a misdemeanor and shall upon conviction

Punishment for.

in any United States court be fined in a sum of not exceeding $100 or imprisonment not exceeding six months, or both.

Sec. 3. That the Secretaries of Agriculture and Commerce shall

Administrative provisions.

execute the provisions of this Act, and they are hereby jointly authorized to make all needful rules and regulations for the administration of such fish and game sanctuaries or refuges in accordance with the purpose of this Act, including regulations not in contravention of State laws for hunting, capturing, or killing predatory animals, such as wolves, coyotes, foxes, pumas, and other species destructive to livestock or wild life or agriculture within the limits of said fish and game sanctuaries or refuges: Provided, That the

Proviso.

State jurisdiction, etc.

present jurisdiction of the States shall not be altered or changed without the legislative approval of such States.

Approved, March 10, 1934.

To promote the conservation of wild life, fish, and game, and for other purposes. 1934-03-10 55 Chapter 48 Stat. 401 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 55.]

AN ACT To promote the conservation of wild life, fish, and game, and for other purposes.

March 10, 1934.

[S. 2529.]

[Public, No. 121.]

Be it enacted by the Senate and House, of Representatives of the United States of America in Congress assembled,

That the Secretary

Conservation of wild life, fish, and game.

Cooperative promotion of, authorized.

of Agriculture and the Secretary of Commerce are authorized to provide expert assistance to and to cooperate with Federal, State, and other agencies in the rearing, stocking, and increasing the supply of game and fur-bearing animals and fish, in combating diseases, and in developing a Nation-wide program of wild-life conservation and rehabilitation.

Sec. 2. The Secretary of Agriculture and the Secretary of Commerce

Effects of polluting substances.

Studies, reports, etc., to be made.

are authorized to make such investigations as they may deem necessary to determine the effects of domestic sewage, trade wastes, and other polluting substances on wild life, with special reference to birds, mammals, fish, and shellfish, and to make reports to the Congress of their investigations with recommendations for remedial measures. Such investigations shall include studies of methods for the recovery of wastes and the collation of data on the progress being made in these fields for the use of Federal, State, municipal, and private agencies.

Sec. 3. (a) Whenever the Federal Government through the

Uses of impounded waters for fish culture, migratory bird refuges, etc.

Bureau of Reclamation or otherwise, impounds water for any use, opportunity shall be given to the Bureau of Fisheries and/or the Bureau of Biological Survey to make such uses of the impounded waters for fish-culture stations and migratory-bird resting and nesting areas as are not inconsistent with the primary use of the waters and/or the constitutional rights of the States." In the case of any waters heretofore impounded by the United States, through the Bureau of Reclamation or otherwise, the Bureau of Fisheries and/or the Bureau of Biological Survey may consult with the Bureau of Reclamation or other governmental agency controlling the impounded waters, with a view to securing a greater biological use of the waters not inconsistent with their primary use and/or the constitutional rights of the States and make such proper uses thereof as are not inconsistent with the primary use of the waters and/or the constitutional rights of the States. 402

Consultation with Fisheries Bureau as to fish conservation before any future dam construction.

(b) Hereafter, whenever any dam is authorized to be constructed, either by the Federal Government itself or by any private agency under Government permit, the Bureau of Fisheries shall be consulted, and before such construction is begun or permit granted, when deemed necessary, due and adequate provision, if economically practicable, shall be made for the migration of fish life from the upper to the lower and from the lower to the upper waters of said dam by means of fish lifts, ladders, or other devices.

Plans for improving wild life resources to be prepared.

Sec. 4. The Office of Indian Affairs, the Bureau of Fisheries, and the Bureau of Biological Survey are authorized, jointly, to prepare plans for the better protection of the wild-life resources, including fish, migratory waterfowl and upland game birds, game animals and fur-bearing animals, upon all the Indian reservations and unallotted Indian lands coming under the supervision of the Federal

Promulgation and enforcement.

Government. When such plans have been prepared they shall be promulgated by the Secretary of the Interior, the Secretary of Commerce, and the Secretary of Agriculture, who are authorized to make the necessary regulations for enforcement thereof and from time to time to change, alter, or amend such regulations.

Studies of wild life, etc., resources to be made by designated bureaus.

Sec. 5. The Bureau of Biological Survey and the Bureau of Fisheries arc hereby authorized to make surveys of the wild-life resources of the public domain, or of any lands owned or leased by the Government, to conduct such investigations as may be necessary for the development of a program for the maintenance of an adequate supply of wild life in these areas, to establish thereon game farms and fish-cultural stations commensurate with the need for replenishing

Cooperation of other agencies.

the supply of game and fur-bearing animals and fish, and, in cooperation with the National Park Service, The Forest Service, or other Federal agencies, the State agencies, to coordinate and establish adequate measures for wild-life control on such game farms and

Proviso.

Consent required.

fish-cultural stations: Provided, That no such game farm shall hereafter be established in any State without the consent of the legislature of that State.

Land, etc., donations permitted.

Sec. 6. In carrying out the provisions of this Act the Federal agencies charged with its enforcement may cooperate with other Federal agencies and with States, counties, municipalities, individuals, and public and private agencies, organizations, and institutions, and may accept donations of lands, funds, and other aids to the development of the program authorized in this Act:

Provisos.

Subject to consent of State.

Creating additional bureau, etc., forbidden.

Provided, however, That no such donations of land shall be accepted without consent of the legislature of the State in which such land may be situated: Provided, That no authority is given in this Act for setting up any additional bureau or division in any department or commission, and shall not authorize any additional appropriation for carrying out its purposes.

Approved, March 10, 1934.

To provide an appropriation to carry into effect the Act entitled “An Act to provide for loans to farmers for crop production and harvesting during the year 1934, and for other purposes”, approved February 23, 1934. 1934-03-10 56 Chapter 48 Stat. 402 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 56.]

JOINT RESOLUTION To provide an appropriation to carry into effect the Act entitled “An Act to provide for loans to farmers for crop production and harvesting during the year 1934, and for other purposes”, approved February 23, 1934.

March 10, 1934.

[H. J. Res. 290.]

[Pub. Res., No. 16.]

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

That to enable

Crop production and harvesting, 1934.

Appropriation for Farm Credit Administration, to provide loans for.

the Governor of the Farm Credit Administration to carry into effect the provisions of the Act entitled “An Act to provide for loans to farmers for crop production and harvesting during the year 1934, 403and for other purposes”, approved February 23, 1934 (Public Act

Ante, p. 355.

Supplies and services.

Numbered 97, Seventy-third Congress), including personal services and rent in the District of Columbia and elsewhere; paper, printing and binding; supplies and services, without regard to section 3709

R.S., sec. 3709, p. 733.

U.S.C., p. 1309.

of the Revised Statutes (U.S.C., title 41, sec. 5) when the aggregate amount involved does not exceed $50, and such other expenses as may be necessary, there is hereby appropriated, out of any money

Availability.

in the Treasury not otherwise appropriated, the sum of $40,000,000, to remain available until June 30, 1935.

Approved, March 10, 1934.

Making appropriations for the Navy Department and the naval service for the fiscal year ending June 30, 1935, and for other purposes. 1934-03-15 69 Chapter 48 Stat. 403 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 69.]

AN ACT Making appropriations for the Navy Department and the naval service for the fiscal year ending June 30, 1935, and for other purposes.

March 15, 1934.

[H. R. 7199.]

[Public, No. 122.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the following and

Navy Department and naval service, appropriations for fiscal year, 1935.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Navy Department and the naval service for the fiscal year ending June 30, 1935, namely:

NAVAL ESTABLISHMENT

Naval Establishment.

office of the secretary

Secretary’s office.

miscellaneous expenses For traveling expenses of civilian employees, including not to

Miscellaneous expenses.

exceed $1,500 for the expenses of attendance, at home and abroad, upon meetings of technical, professional, scientific, and other similar organizations when, in the judgment of the Secretary of the Navy, such attendance would be of benefit in the conduct of the work of the Navy Department; not to exceed $2,000 for the part-time or intermittent employment in the District of Columbia or elsewhere of such experts and at such rates of compensation as may be contracted for by and in the discretion of the Secretary of the Navy; expenses

Courts-martial, etc.

of courts-martial, purchase of law and reference books, expenses of prisoners and prisons, courts of inquiry, boards of investigation, examining boards, clerical assistance; witnesses’ fees and traveling expenses; not to exceed $15,000 for promoting accident prevention and safety in shore establishments of the Navy, to be expended in the discretion of the Secretary of the Navy; newspapers and periodicals for the naval service; all advertising of the Navy Department and its bureaus (except advertising for recruits for the Bureau of Navigation); cost of suits; relief of vessels in distress; recovery of valuables from shipwrecks; maintenance of attachés abroad, including office rental and pay of employees, and not to exceed $3,780 in the aggregate or $450 for any one person for allowances for living

Living quarters, etc.

Vol. 46, p. 818.

U.S.C. Supp. VII, p. 20.

quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a); the collection and classification of information; not to exceed $170,000 for telephone, telegraph, and teletype rentals and tolls, telegrams, radiograms, and cablegrams; postage, foreign and domestic and post-office box rentals; necessary expenses for interned persons and prisoners 404

Damage claims.

Vol. 41, p. 132.

U.S.C., p. 1127; Supp. VII, p. 812.

Provisos.

Restriction on use in certain naval districts.

of war as may die while under such jurisdiction; payment of claims for damages as provided in the Act making appropriations for the naval service for the fiscal year 1920, approved July 11, 1919 (U.S.C., title 34, sec. 600); and other necessary and incidental expenses; in all, $862,280: Provided, That no part of any appropriation contained in this Act shall be available for the expense of any naval district in which there may be an active navy yard, naval training station, or naval operating base, unless the commandant of the naval district shall be also the commandant of one of such establishments: Provided further, That the sum to be paid out of this appropriation

Group IV (b) employees.

for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $489,000. contingent, navy

Contingent.

For all emergencies and extraordinary expenses, exclusive of personal services in the Navy Department or any of its subordinate bureaus or offices at Washington, District of Columbia, arising at home or abroad, but impossible to be anticipated or classified, to be expended on the approval and authority of the Secretary of the Navy, and for such purposes as he may deem proper, and for examination of estimates for appropriations and of naval activities in the field for any branch of the naval service, $15,000. state marine schools, act of march 4, 1911

State Marine Schools.

Reimbursing California, Massachusetts, New York, and Pennsylvania for expenses.

To reimburse the State of California, $25,000; the State of Massachusetts, $25,000; the State of New York, $25,000; and the State of Pennsylvania, $25,000, for expenses incurred in the maintenance and support of marine schools in such States as provided in the Act authorizing the establishment of marine schools, and so forth,

Vol. 36, p. 1353.

U.S.C., p. 1150.

Maintenance of vessels loaned.

approved March 4, 1911 (U.S.C., title 34, sec. 1121), and for the maintenance and repair of the particular vessels loaned by the United States to the said States on the date of the approval of this Act for use in connection with such State Marine Schools, $89,407, and no other vessels shall be furnished by or through the Navy Department; in all, $189,407. care of lepers, and so forth, island of guam

Lepers, etc.

Care, etc., Culion, P.I.

Naval station, island of Guam: For maintenance and care of lepers, special patients, and for other purposes, including cost of transfer of lepers from Guam to the island of Culion, in the Philippines, and their maintenance, $20,000; for educational purposes, $15,000; in all, $35,000. naval research laboratory

Research laboratory.

Work of, for naval service.

For laboratory and research work and other necessary work of the naval research laboratory for the benefit of the naval service, including operation and maintenance of a laboratory, additions to equipment necessary properly to carry on work in hand, maintenance of buildings and grounds, temporary employment of such scientific civilian assistants as may become necessary, and subscriptions to technical periodicals, to be expended under the direction of the Secretary

Provisos.

Temporary employment of scientists, etc.

of the Navy, $183,116: Provided, That $20,000 of this appropriation shall be available for the temporary employment of civilian scientists and technicists required on special problems: Provided further, That the sum to be paid out of this appropriation for 405employees assigned to Group IV (b) and those performing similar

Group IV (b) employees.

services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $85,000, in addition to the amount authorized by the preceding proviso. operation and conservation of naval petroleum reserves

Naval petroleum reserves.

To enable the Secretary of the Navy to carry out the provisions

Conservation, etc.

Vol. 41, p. 813.

U. S. C., p. 1122; Supp. VII, p. 811.

contained in the Act approved June 4, 1920 (U.S.C., title 34, sec. 524), requiring him to conserve, develop, use, and operate the naval petroleum reserves, $59,603, of which amount not to exceed $15,000 shall be available for employees assigned to group IV (b) and those

Group IV (b) employees.

performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department : Provided, That out of any sums appropriated

Provisos.

Protecting work on Reserve No. 1.

for naval purposes by this Act any portion thereof, not to exceed $10,000,000, shall be available to enable the Secretary of the Navy to protect Naval Petroleum Reserve Numbered 1, established by Executive

Vol. 36, p. 847.

U.S.C., p. 1333.

order of September 2, 1912, pursuant to the Act of June 25, 1910 (U.S.C., title 43, secs. 141–143), by drilling wells and performing any work incident thereto, of which amount not to exceed $100,000

Group IV (b) employees.

shall be available for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department: Provided further, That no part of the sum

Agreement with adjoining landowners not to drill offset wells.

made available for the protection of this property shall be expended if a satisfactory agreement can be made with adjoining landowners to not drill offset wells for the purpose of producing oil. BUREAU OF NAVIGATION

Bureau of Navigation.

training, education, and welfare, navy

Training, education, etc.

Naval War College: For maintenance and operation, including

Naval War College, maintenance, etc.

repairs, improvements, and care of grounds; services of a professor of international law, $2,000; services of lecturers, $2,000; and other civilian services; library expenses, including the purchase, binding, and repair of books and periodicals and subscriptions to newspapers and periodicals; and including contingencies of the President of the Naval War College to be expended in his discretion not exceeding $1,000; and for other necessary expenses, $103,257;

Naval training stations: For maintenance, operation, and other

Training stations, maintenance, etc.

necessary expenses, including repairs, improvements, and care of grounds of the naval training stations which follow :

San Diego, California, $155,150;

Newport, Rhode Island, $65,000;

Great Lakes, Illinois, $62,000;

Norfolk, Virginia, $215,950;

Fleet training: For trophies and badges for excellence in gunnery,

Fleet training, gunnery, etc., prizes.

target practice, engineering exercises, and for economy m fuel consumption to be awarded under such rules as the Secretary of the Navy may formulate; for the purpose of recording, classifying, compiling, and publishing the rules and results; for the establishment and maintenance of shooting galleries, target houses, targets, and ranges; for hiring established ranges, and for transporting equipment to and from ranges; entrance fees in matches for the rifle team, and special equipment therefor, $35,229 ;

406

Instruction.

Instruction: For postgraduate instruction of officers in other than civil government and literature, and for special instruction, education, and individual training of officers and enlisted men at home and abroad, including maintenance of students abroad, except aviation training and submarine training otherwise appropriated for, $159,772;

Libraries.

Libraries: For libraries, professional books, textbooks, religious books, periodicals and newspaper subscriptions for ships and shore stations not otherwise appropriated for $50,810;

Welfare and recreation.

Welfare and recreation: For welfare and recreation of the Navy, including periodicals and newspaper subscriptions, to be expended in the discretion of the Secretary of the Navy, under such regulations as he may prescribe, $255,000;

Naval Reserve Officers’ Training Corps, operation expenses.

Vol. 43, p. 1276.

U.S.C., p. 1137.

Naval Reserve Officers’ Training Corps: For all expenses incident to the conduct of the Naval Reserve Officers’ Training Corps under such regulations as the President has prescribed or hereafter may prescribe under the provisions of section 22 of the Act approved March 4, 1925 (43 Stat., p. 1276; U.S.C., title 34, sec. 821), $74,314,

Proviso.

Uniforms, etc.

of which $20,000 shall be available immediately: Provided, That uniforms and other equipment or material issued to the Naval Reserve Officers’ Training Corps in accordance with law may be furnished from surplus or reserve stocks of the Navy without payment under this appropriation, except for actual expenses incurred in the manufacture or issue;

Training, education, etc.

Proviso.

Group IV (b) employees.

In all, training, education, and welfare, Navy, $1,176,482: Provided, That the sum to be paid out of this appropriation for employees assigned to group IV (b) and those performing similar services under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department,

Limitation.

exclusive of temporary services, shall not exceed the following amounts, respectively: Naval War College, $73,000; Naval Training Station, San Diego, $7,500; Naval Training Station, Newport, $10,000; Naval Training Station, Great Lakes, $14,500; Naval Training Station, Norfolk, $5,500; Instruction, $25,000; Libraries, $22,000.

contingent, bureau of navigation

Contingent.

For continuous-service certificates, commissions, warrants, diplomas, discharges, good-conduct badges, and medals for men and boys; transportation of effects of deceased officers, nurses, and enlisted men of the Navy, and of officers and men of the Naval Reserve who die while on duty; packing boxes and materials; books and models; stationery; and other contingent expenses and emergencies arising under cognizance of the Bureau of Navigation, unforeseen and impossible to classify, $5,000. instruments and supplies, bureau of navigation

Equipment, and supplies.

For supplies for seamen’s quarters; and for the purchase of all other articles of equipage at home and abroad; and for the payment of labor in equipping vessels therewith and manufacture of such articles in the several navy yards; all pilotage and towage of ships of war; canal tolls, wharfage, dock and port charges, and other necessary incidental expenses of a similar nature; hire of launches or other small boats in Asiatic waters; quarantine expenses; services and materials in repairing, correcting, adjusting, and testing compasses on shore and on board ship; nautical and astronomical instruments and repairs to same; compasses, compass fittings, including binnacles, tripods, and other appendages of ship’s compasses; logs 407and other appliances for measuring the ship’s way and leads and other appliances for sounding; photographs, photographic instruments and materials, printing outfit and materials; music and musical instruments; and for the necessary civilian electricians for gyrocompass testing and inspection; in all, $497,390: Provided,

Proviso.

Group IV (b) employees.

That the sum to be paid out of this appropriation for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $33,460. ocean and lake surveys, bureau of navigation For hydrographic surveys, including the pay of the necessary

Ocean and lake surveys.

hydrographic surveyors, cartographic draftsmen, and recorders, and for the purchase of nautical books, charts, and sailing directions, $52,910: Provided, That the sum to be paid out of this appropriation

Proviso.

Group IV (b) employees.

for employees assigned group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $27,000. naval reserve

Naval Reserve.

For expenses of organizing, administering, and recruiting the

Organizing, recruiting, etc., of, and Militia.

Naval Reserve and Naval Militia; pay and allowances of officers and enlisted men of the Naval Reserve when employed on authorized training duty; mileage for officers while traveling under orders to and from training duty; transportation of enlisted men to and from training duty, and subsistence and transfers en route, or cash in lieu thereof; subsistence of enlisted men during the actual period of training duty; subsistence of officers and enlisted men of the Fleet Naval

Fleet Naval Reserve.

Subsistence, etc.

Reserve while performing authorized training or other duty without pay; pay, mileage, and allowances of officers of the Naval Reserve

Pay, mileage, etc.

and pay, allowances, and subsistence of enlisted men of the Naval Reserve when ordered to active duty in connection with the instruction, training, and drilling of the Naval Reserve; pay of officers and enlisted men of the Fleet Naval Reserve for the performance of not to exceed forty-eight drills per annum or other equivalent instruction or duty, or appropriate duties, and administrative duties, exclusive, however, of pay, allowances, or other expenses on account of members of any class of the Naval Reserve incident to their being given flight training unless, as a condition precedent, they shall have

Flight training.

been found by such agency as the Secretary of the Navy may designate physically and psychologically qualified to serve as pilots of naval aircraft, $2,745,509, of which amount not more than $150,000 shall be available for maintenance and rental of armories, including

Armories, wharfage, etc.

pay of necessary janitors, and for wharfage; not more than $81,000 shall be available for employees assigned to group IV (b) and those

Group IV (b) employees.

performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department; not less than $614,196 shall be available, in

Aviation material, hangars, etc.

addition to other appropriations, tor aviation material, equipment, fuel, and rental of hangars, not more than $397,914 shall be available, in addition to other appropriations, for fuel and the transportation thereof, and for all other expenses in connection with the maintenance, operation, repair, and upkeep of vessels assigned for training the Naval Reserve, and of such total sum $978,491 shall be available exclusively for and on account of Naval and Marine Corps 408

Provisos.

Flying pay restrictions.

Reserve aviation: Provided, That no appropriation contained in this Act shall be available to pay more than one officer of the Naval Reserve and one officer of the Marine Corps Reserve above the grade of lieutenant or captain, respectively, the pay and allowances of their grade for the performance of active duty other than the performance of drills or other equivalent instruction or duty, or appropriate duties, and/or the performance of fifteen days’ active training duty, and other officers above such grades employed on such class of active duty shall not be entitled to or be paid a greater rate of pay and allowances than authorized by law for a lieutenant of the Navy or a captain of the Marine Corps entitled to not exceeding ten years’

Pay, etc., restrictions.

longevity pay: Provided further, That no appropriation made in this Act shall be available for pay, allowances, or traveling or other expenses of any officer or enlisted man of the Naval or Marine Corps Reserve who may be drawing a pension, disability allowance, disability compensation, or retired pay from the Government of the United States; and “ retired pay ” as here used shall not include the pay of transferred members of such reserve forces. naval home, philadelphia, pennsylvania

Naval Home.

Personal services.

Group IV (b) employees.

For pay of employees, $77,332: Provided, That the sum to be paid out of this appropriation for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $15,000;

Maintenance.

Maintenance: For water rent, heating, and lighting; cemetery, burial expenses, and headstones; general care and improvements of grounds, buildings, walls, and fences; repairs to power-plant equipment, implements, tools, and furniture, and purchase of the same; music in chapel and entertainments for beneficiaries; stationery, books, and periodicals; transportation of indigent and destitute beneficiaries to the Naval Home, and of sick and insane beneficiaries, their attendants and necessary subsistence for both, to and from other Government hospitals; employment of such beneficiaries in and about the Naval Home as may be authorized by the Secretary of the Navy, on the recommendation of the governor; support of beneficiaries and all other contingent expenses, including the maintenance, repair, and operation of two motor-propelled vehicles, and one motor-propelled passenger-carrying vehicle, to be used only for official purposes, $96,501;

Payable from naval pension fund.

In all, Naval Home, $173,833, which sum shall be paid out of the income from the naval pension fund.

BUREAU OF ENGINEERING

Bureau of Engineering.

engineering

Engineering repairs, machinery, etc.

Equipment, supplies, etc.

For repairs, preservation, and renewal of machinery, auxiliary machinery, and boilers of naval vessels, yard craft, and ships’ boats, distilling and refrigerating apparatus; repairs, preservation, and renewals of electric interior and exterior signal communications and all electrical appliances of whatsoever nature on board naval vessels, except range finders, battle order and range transmitters and indicators, and motors and their controlling apparatus used to operate machinery belonging to other bureaus; searchlights and fire-control equipments for antiaircraft defense at shore stations; maintenance and operation of coast signal service; equipage, supplies, and materials under the cognizance of the bureau required for the maintenance and operation of naval vessels, yard craft, and ships’ boats; 409purchase, installation, repair, and preservation of machinery, tools, and appliances in navy yards and stations, accident prevention, pay of classified field force under the bureau; incidental expenses for naval vessels, navy yards, and stations, inspectors’ offices, the engineering experiment station, such as photographing, technical books and periodicals, stationery, and instruments; services, instruments, machines and auxiliaries, apparatus, and supplies, and technical books and periodicals necessary to carry on experimental and research work; maintenance and equipment of buildings and

Annapolis, Md., engineering experiment station.

grounds at the engineering experiment station, Annapolis, Maryland; payment of part time or intermittent employment in the District of Columbia or elsewhere of such scientists and technicists as may be contracted for by the Secretary of the Navy, in his discretion, at a rate of pay not exceeding $20 per diem for any person so employed; in all, $15,542,000: Provided, That the sum to be paid

Proviso.

Group IV (b) employees.

out of this appropriation for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $1,575,000. BUREAU OF CONSTRUCTION AND REPAIR

Bureau of Construction and Repair.

For preservation and completion of vessels on the stocks and in

Construction and repair of vessels.

ordinary; purchase of materials and stores of all kinds; steam steerers, steam capstans, steam windlasses, and all other auxiliaries; labor in navy yards and on foreign stations; accident prevention; purchase of machinery and tools for use in shops; carrying on work of experimental model tank and wind tunnel; designing naval vessels; construction and repair of yard craft, lighters, and barges; wear, tear, and repair of vessels afloat; general care and protection of the Navy in the line of construction and repair; incidental expenses for vessels and navy yards, inspectors’ offices, such as photographing, books, professional magazines, plans, stationery, and instruments for drafting room, and for pay of classified field force under the bureau;

Field force.

services, instruments and apparatus, supplies, and technical books and periodicals necessary to carry on experimental and research work; for payment of part time or intermittent employment in the District of Columbia, or elsewhere, of such scientists and technicists as may be contracted for by the Secretary of the Navy, in his discretion, at a rate of pay not exceeding $20 per diem for any person so employed; for the difference between inactive and active duty pay and allowances of members of the Fleet Naval Reserve transferred thereto after twenty years’ naval service who may be employed as shipkeepers under the cognizance of the Bureau of Construction and Repair; for hemp, wire, iron, and other materials for the manufacture of cordage, anchors, cables, galleys, and chains; specifications for purchase thereof shall be so prepared as shall give fair and free competition; canvas for the manufacture of sails, awnings, hammocks, and other work; interior appliances and tools for manufacturing purposes in navy yards and naval stations; and for the purchase of all other articles or equipage at home and abroad; and for the payment of labor in equipping vessels therewith and manufacture of such articles in the several navy yards; naval signals and apparatus, other than electric, namely, signals, lights, lanterns, running lights, and lamps and their appendages for general use on board ship for illuminating purposes; and oil and candles used in connection therewith; bunting and other material for making and repairing flags of all kinds; for all permanent galley fittings and equipage; rugs, carpets, curtains, and hangings on board naval vessels, 410

Proviso.

Group IV (b) employees.

$13,662,200: Provided, That the sum to be paid out of this appropriation for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedules of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $1,730,000. BUREAU OF ORDNANCE

Bureau of Ordnance.

ordnance and ordnance stores, bureau of ordnance

Procuring, etc., ordnance and ordnance stores.

For procuring, producing, preserving, and handling ordnance material, for the armament of ships; for the purchase and manufacture of torpedoes and appliances; tor the purchase and manufacture of smokeless powder; for fuel, material, and labor to be used in the general work under the cognizance of the Bureau of Ordnance; for furniture at naval ammunition depots, torpedo stations, naval ordnance plants, and proving grounds; for technical books; plant appliances as now defined by the “ Navy Classification of Accounts ”; for machinery and machine tools; for accident prevention; for experimental work in connection with the development of ordnance material for the Navy; for maintenance of proving grounds, powder factory, torpedo stations, gun factory, ammunition depots, and naval ordnance plants, and for target practice; not to exceed $15,000 for minor improvements to buildings, grounds, and appurtenances of a character which can be performed by regular station labor; for payment of part time or intermittent employment in the District of Columbia, or elsewhere, of such scientists and technicists as may be contracted for by the Secretary of the Navy in his discretion at a rate of pay not exceeding $20 per diem for any person so employed; for the maintenance, repair, and operation of horse-drawn and motor-propelled freight and passenger-carrying vehicles, to be used only for official purposes at naval ammunition depots, naval proving grounds, naval ordnance plants, and naval torpedo stations; for the pay of chemists, clerical, drafting, inspection, and messenger service in navy yards, naval stations, naval ordnance plants, and naval

Schools at designated stations.

Proviso.

Group IV (b) employees.

depots, and for care and operation of schools at ordnance stations at Indianhead, Maryland, Dahlgren, Virginia, and South Charleston, West Virginia, $10,545,600: Provided, That the sum to be paid out of this appropriation for employees assigned to Group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $1,262,500. BUREAU OF SUPPLIES AND ACCOUNTS

Bureau of Supplies and Accounts.

pay, subsistence, and transportation of naval personnel

Pay, etc., of the Navy.

Officers.

Post, p. 417.

Pay naval personnel: For pay allowances prescribed by law of officers on sea duty and other duty, and officers on waiting orders (not to exceed nine hundred and eight officers of the Medical Corps, one hundred and eighty-six officers of the Dental Corps, five hundred and fifty-six officers of the Supply Corps, eighty-three officers of the Chaplain Corps, two hundred and thirty-three officers of the Construction Corps, one hundred and nine officers of the Civil Engineer Corps, and one thousand four hundred and sixty-one warrant and

Proviso.

Excess officers to be carried.

commissioned warrant officers: Provided, That if the number of warrant and commissioned warrant officers and officers in any staff corps holding commission on July 1, 1934, is in excess of the number herein stipulated, such excess officers may be retained in the Navy 411until the number is reduced to the limitations imposed by this Act), pay—$27,634,522, including not to exceed $1,289,770 (none of which shall be available for increased pay for making aerial flights by

Aerial flights by nonflying officers.

more than eight non-flying officers or observers, except not to exceed fifty-six gunnery observers, who, if above the rank of lieutenant, shall not be entitled to receive increased pay for making aerial flights at a rate in excess of $1,440 per annum, all of such non-flying officers or observers to be selected by the Secretary of the Navy) for increased pay for making aerial flights; rental allowance,

Rental, etc. allowances.

Retired.

Hire of quarters.

$5,589,216; subsistence allowance, $3,511,677; in all, $36,735,415; officers on the retired list, $6,003,774; for hire of quarters for officers serving with troops where there are no public quarters belonging to the Government, and where there are not sufficient quarters possessed by the United States to accommodate them, and hire of quarters for officers and enlisted men on sea duty at such times as they may be deprived of their quarters on board ship due to repairs or other conditions which may render them uninhabitable, $3,000; pay of enlisted men on the retired list, $4,631,886; interest

Enlisted men.

on deposits by men, $3,000; pay of petty officers (not to exceed an average of six thousand seven hundred and sixty chief petty officers, of which number those with a permanent appointment as chief petty officer shall not exceed an average of five thousand nine hundred and ten), seamen, landsmen, and apprentice seamen, including men in the engineer’s force and men detailed for duty with the Fish Commission, enlisted men, men in trade schools, pay of enlisted men of the Hospital Corps, extra pay for men for diving, and cash prizes (not to exceed $75,000) for men for excellence in gunnery, target practice, and engineering competitions, $60,611,606, and, in addition, the Secretary of the Treasury is authorized and directed upon request of the Secretary of the Navy, to make transfers during the fiscal year 1935 from the clothing and small stores fund to this appropriation of sums aggregating not to exceed $2,000,000; outfits

Outfits, clothing, etc.

for all enlisted men and apprentice seamen of the Navy on first enlistment, civilian clothing not to exceed $15 per man to men given discharges for bad conduct or undesirability or inaptitude, reimbursement

Reimbursement.

in kind of clothing to persons in the Navy for losses in cases of marine or aircraft disasters or in the operation of water or air borne craft, and the authorized issue of clothing and equipment to the members of the Nurse Corps, $878,194; pay of enlisted men

Nurse Corps.

undergoing sentence of court-martial, $57,960, and as many machinists as the President may from time to time deem necessary to appoint; pay and allowances of the Nurse Corps, including assistant superintendents, directors and assistant directors—pay $402,272, rental allowance $15,552, subsistence allowance $14,191; pay retired list $121,361; in all $553,376; rent of quarters for members of the Nurse Corps; pay and allowances of transferred and assigned men

Fleet Naval Reserve.

Property losses.

Vol. 40, p. 389; Vol. 44, p. 1368.

U.S.C., p. 1144; Supp. VII, p. 817.

of the Fleet Naval Reserve, $10,573,590; reimbursement for losses of property as provided in the Act approved October 6, 1917 (U.S.C., title 34, secs. 981, 982), as amended by the Act of March 3, 1927 (U.S.C., Supp. VI, title 34, sec. 983), $5,000; payment of six months’ death gratuity, $90,000; in all $120,146,801, and no part of such sum shall be available to pay active duty pay and allowances to officers

Active duty pay, etc., retired officers, etc.

in excess of four on the retired list, except retired officers temporarily ordered to active duty as members of retiring and selection boards as authorized by law: Provided, That during the fiscal year ending

Provisos.

Aids to rear admiral; pay restriction.

Vol. 35, p. 128.

U.S.C., p. 1139.

June 30, 1935, no officer of the Navy shall be entitled to receive an addition to his pay in consequence of the provisions of the Act approved May 13, 1908 (U.S.C., title 34, sec. 867): Provided further, That, except for the public quarters occupied by the Chief of Office 412

Pay and allowances for domestic service.

R.S., p. 1232, p. 217.

U.S.C., p. 192.

of Naval Operations and messes temporarily set up on shore for officers attached to seagoing vessels, to aviation units based on seagoing vessels, and to landing forces and expeditions, no appropriation contained in this Act shall be available for the pay, allowances, or other expenses of any enlisted man or civil employee performing service in the residence or quarters of an officer or officers on shore as a cook, waiter, or other work of a character performed by a household servant, but nothing herein shall be construed

Voluntary, etc., services.

as preventing the voluntary employment in any such capacity of a retired enlisted man or a transferred member of the Fleet Naval Reserve without additional expense to the Government, nor

Sales of meals to officers on shore duty.

the sale of meals to officers by general messes on shore as regulated by detailed instructions from the Navy Department;

Subsistence.

Provisions, commutation of rations, etc.

Subsistence of naval personnel: For provisions and commuted rations for enlisted men of the Navy, which commuted rations may be paid to caterers of messes in case of death or desertion, upon orders of the commanding officers, at 50 cents per diem, and midshipmen at 75 cents per diem, and commuted rations stopped on account of sick in hospital and credited at the rate of 66 cents per

Unavoidable absences.

ration to the naval hospital fund; subsistence

Detached duty.

Naval Reserve.

of men unavoidably detained or absent from vessels to which attached under orders (during which subsistence rations to be stopped on board ship and no credit for commutation therefor to be given) ; quarters and subsistence of men on detached duty; subsistence of members of the Naval Reserve during period of active service; subsistence in kind at hospitals and on board ship in lieu of subsistence allowance of female nurses and Navy and Marine Corps general courts-martial prisoners undergoing imprisonment with sentences of dishonorable discharge from the service at the expiration of such confinement; in all, $13,408,072;.

Transportation.

Transportation and recruiting of naval personnel: For mileage and actual and necessary expenses and per diem in lieu of subsistence as authorized by law to officers of the Navy while traveling under orders, including not to exceed $2,000 for the expenses of

Attendance at meetings.

attendance at home and abroad, upon meetings of technical, professional, scientific, and other similar organizations, when, in the judgment of the Secretary of the Navy, such attendance would be of benefit in the conduct of the work of the Navy Department; for mileage, at 5 cents per mile, to midshipmen, entering the Naval Academy while proceeding from their homes to the Naval Academy for examination and appointment as midshipmen, and not more than $2,500 shall be available for transportation of midshipmen, including reimbursement of traveling expenses while traveling under orders after appointment as midshipmen; for actual traveling expenses of female nurses; for travel allowance or for transportation and subsistence as authorized by law of enlisted men upon discharge; transportation of enlisted men and apprentice seamen and applicants for enlistment at home and abroad, with subsistence and transfers en route, or cash in lieu thereof; transportation to their home, if residents of the United States, of enlisted men and apprentice seamen discharged on medical survey, with subsistence and transfers en route, or cash in lieu thereof; transportation of sick or insane enlisted men and apprentice seamen and insane supernumerary patients to hospitals, with subsistence and transfers en route, or cash in lieu

Apprehending deserters, etc.

thereof; apprehension and delivery of deserters and stragglers, and for railway guides and other expenses incident to transportation;

Recruiting.

expenses of recruiting for the naval service; rent of rendezvous and expenses of maintaining the same; advertising for and obtaining men and apprentice seamen; actual and necessary expenses in lieu of mile-413age to officers on duty with traveling recruiting parties; transportation

Transporting dependents.

Funeral escorts.

of dependents of officers and enlisted men, $550,000; expenses of funeral escorts of naval personnel; actual expenses of officers and Funeral escorts, midshipmen while on shore-patrol duty, including the hire of automobiles when necessary for the use of shore-patrol detachments; in all, $3,885,119;

In all, for pay, subsistence, and transportation of naval personnel,

Aggregate; sum immediately available.

$137,439,992, of which sum $1,000,000 shall be immediately available, and the money herein specifically appropriated, or transferred from the clothing and small stores’ fund to this appropriation as herein authorized, for “ Pay, subsistence, and transportation of naval personnel ”,

Accounting, etc.

shall be disbursed and accounted for in accordance with existing law and shall constitute one fund : Provided, That additional

Provisos.

Additional medical detail for Veterans’ Administration patients in naval hospitals.

commissioned, warranted, appointed, enlisted, and civilian personnel of the Medical Department of the Navy, required for the care of patients of the United States Veterans’ Administration in naval hospitals, may be employed in addition to the numbers appropriated for in this Act: Provided further, That no part of this appropriation

Restriction on admissions to Naval Academy after January 30, 1934.

shall be available for the pay of any midshipmen whose admission Academy subsequent to January 30, 1934, would result in exceeding at any time an allowance of three midshipmen for each Senator, Representative, and Delegate in Congress; of one midshipman for Puerto Rico, a native of the island, appointed on nomination of the governor, and of three midshipmen from Puerto Rico, appointed on nomination of the Resident Commissioner ; and of two midshipmen for the District of Columbia : Provided further, That nothing herein shall be construed

Appointments at large or from enlisted men not affected.

to repeal or modify in any way existing laws relative to the appointment of midshipmen at large, from the enlisted personnel of the naval service, or from the Naval Reserve : Provided further, That

Sea service requirements of appointees from enlisted men.

no part of this appropriation shall be available for the pay of any midshipman appointed from enlisted men of the Navy for admission to the Naval Academy in the class entering in the calendar year 1935 who has not served aboard a vessel of the Navy in full commission for at least nine months prior to such admission.

maintenance, bureau of supplies and accounts

For equipage, supplies, and services under the cognizance of the

Maintenance.

Bureau of Supplies and Accounts, including stationery for commanding, executive, communication, and navigating officers of ships, boards and courts on ships, and chaplains; commissions, interest, and exchange; ferriage and bridge tolls; including street-car fares; rent of buildings and offices not in navy yards except for use of naval attachés and recruiting officers; accident prevention; services of civilian employees under the cognizance of the Bureau of Supplies and Accounts; freight, express, and parcel-post charges, including transportation

Freight, etc., Navy and Navy Department.

of funds and cost of insurance on shipments of money when necessary, and ice for cooling drinking water on shore (except at naval hospitals and shops at industrial navy yards), pertaining to the Navy Department and Naval Establishment, $7,559,000: Provided,

Provisos.

Supply or replacement of kitchen, etc., ware for officers’ quarters ashore forbidden.

That no part of this or any other appropriation contained in this Act shall be available for or on account of the supply or replacement of table linen, dishes, glassware, silverware, and/or kitchen utensils for use in the residences or quarters of officers on shore: Provided further, That no appropriation contained in this Act shall

Transporting privately owned automobiles forbidden; exception.

be available for any expense for or incident to the transportation of privately owned automobiles except on account of the return to the United States of such privately owned automobiles as may have been transported to points outside of the continental limits of the United 414

Group IV (b) employees.

States at public expense prior to July 1, 1932: Provided further,That the sum to be paid out of this appropriation for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department

Use of certain receipts for current expenditures; accounting.

shall not exceed $4,500,000: Provided further, That, without deposit to the credit of the Treasurer of the United States and withdrawal on money requisitions, receipts of public moneys from sales or other sources by officers of the Navy and Marine Corps on disbursing duty and charged in their official accounts may be used by them as required for current expenditures, all necessary bookkeeping adjustments of appropriations, funds, and accounts to be made in the settlement of their disbursing accounts.

Clothing and small stores funds.

Issue, to Naval Reserve.

The clothing and small-stores fund shall be charged with the value all issues of clothing and small stores made to enlisted men of the Naval Reserve and the uniform gratuity paid to officers of the Naval

Provisos.

Printing historical and naval documents.

Reserve: Provided, That, in addition to the appropriation herein made for the Office of Naval Records and Library, there is hereby appropriated $10,000 to begin printing historical and naval documents, including composition, clerical copying in the Navy Department, and other preparatory work, except that the “ usual number ” for congressional distribution, depository libraries, and international exchanges shall not be printed, and no copies shall be available for

Sale, by Superintendent of Documents.

free issue: Provided further, That the Superintendent of Documents is hereby authorized to sell copies at the prorated cost, including composition, clerical work of copying in the Navy Department and other work preparatory to printing without reference to the provisions

Vol. 47, p. 490.

U.S.C., Supp. VII, p. 943.

of section 307 of the Act approved June 30, 1932 (U.S.C., Supp. VI, title 44, sec. 72a).

evacuation of high explosives, navy

Evacuation of high explosives.

Handling, transporting, etc., Hawthorne, Nev.

Toward the handling and transportation of high explosives to the naval ammunition depot, Hawthorne, Nevada, and other points, and expenses incident thereto, in accordance with the primary recommendations contained in House Document Numbered 199, Seventieth Congress, first session, as modified by the Second Deficiency

Vol. 45, p. 908.

Balance continued available.

Vol. 47, p. 1532.

Act, fiscal year 1928, approved May 29, 1928 (45 Stat., p. 908), the unexpended balance of the appropriation under this head for the fiscal year 1934 is continued available during the fiscal year 1935. fuel and transportation, bureau of supplies and accounts

Fuel and transportation.

For coal and other fuel for submarine bases and steamers’ and ships’ use, including expenses of transportation, storage, and handling the same and the removal of fuel refuse from ships; maintenance and general operation of machinery of naval fuel depots and fuel plants: water for all purposes on board naval vessels, and ice for the cooling of water, including the expense of transportation and storage

Provisos.

Issue to be charged to applicable appropriation.

Prices for fuel on hand.

of both, $6,633,658: Provided, That fuel acquired other than by purchase shall not be issued without charging the applicable appropriation with the cost of such fuel at the rate current at the time of issue for fuel purchased: Provided further, That the President may direct the use, wholly or in part, of fuel on hand, however acquired, to be charged at the last issue rate for fuel acquired by purchase, when in his judgment, prices quoted for supplying fuel Restriction on use,

Restriction on use, etc., of foreign fuel oil.

are excessive: Provided further, That no part of this appropriation shall be available, any provision in this Act to the contrary notwithstanding, for the purchase of any kind of fuel oil of foreign 415production for issue, delivery, or sale to ships at points either in the United States or its possessions where oil of the production of the United States or its possessions may be procurable, notwithstanding that oil of the production of the United States or its possessions may cost more than oil of foreign production, if such excess of cost, in the opinion of the Secretary of the Navy, which shall be conclusive, be not unreasonable. BUREAU OF MEDICINE AND SURGERY

Bureau of Medicine and Surgery.

medical department For surgeons’ necessaries for vessels in commission, navy yards,

Surgeons’ necessaries.

Civil establishments.

naval stations, and Marine Corps; and for the civil establishment at the several naval hospitals, navy yards, naval medical supply depots, Naval Medical School and dispensary, Washington, and Naval Academy; for tolls and ferriages; purchase of books and stationery; hygienic and sanitary investigation and illustration; sanitary, hygienic, administrative, and special instruction, including the issuing of naval medical bulletins and supplements; purchase and repairs or nonpassenger-carrying wagons, automobile ambulances, and harness;

Vehicles, etc.

purchase of and feed for horses and cows; maintenance, repair, and operation of three passenger-carrying motor vehicles for naval dispensary, Washington, District of Columbia, and of one motor- propelled vehicle for official use only for the medical officer on out-patient medical service at the Naval Academy; trees, plants, care of grounds, garden tools, and seeds; incidental articles for the Naval Medical School and naval dispensary, Washington, naval medical supply depots, sick quarters at Naval Academy and marine barracks; washing for medical department at Naval Medical School and naval dispensary, Washington, naval medical supply depots, sick quarters at Naval Academy and marine barracks, dispensaries at navy yards and naval stations, and ships; and for minor repairs on buildings and grounds of the United States Naval Medical School and naval medical supply depots; rent of rooms for naval dispensary, Washington, District of Columbia, not to exceed $1,200; for the care, maintenance, and treatment of the insane of the Navy and

Care, etc., of insane on Pacific Coast.

Marine Corps on the Pacific coast, including supernumeraries held for transfer to Saint Elizabeths Hospital; for dental outfits and dental material; and all other necessary contingent expenses; in all, $1,894,666: Provided, That the sum to be paid out of this appropriation

Proviso.

Group IV (b) employees.

Care of the dead.

For the care of the dead; for funeral expenses and interment or

Interment or transporting expenses.

transportation to their homes or to designated cemeteries of the remains of officers (including officers who die within the United States) and enlisted men of the Navy and Marine Corps, of members of the Nurse Corps, reservists on active or training duty, and accepted applicants for enlistment, civilian employees of the Navy

Civilian employees dying abroad.

Department and Naval Establishment who die outside of the continental limits of the United States, and former enlisted men who are discharged while in naval hospitals and are inmates of said hospitals on the date of their death; for funeral expenses and interment of the remains of pensioners and destitute patients who die in naval 416hospitals; for purchase and care of cemetery lots; for removal of remains from abandoned cemeteries to naval or national cemeteries, or to their homes, including remains interred in isolated graves at

Proviso.

Retired officers, etc., on active duty included.

home and abroad, and remains temporarily interred, $68,000: Provided, That the above provision shall apply in the case of officers and enlisted men of the Navy and Marine Corps on the retired list who die while on active duty. BUREAU OF YARDS AND DOCKS

Bureau of Yards and Docks.

maintenance, bureau of yards and docks

General maintenance.

For the labor, materials, and supplies necessary, as determined by the Secretary of the Navy, for the general maintenance of the activities and properties now or hereafter under the cognizance of the Bureau of Yards and Docks, including accident prevention; the

Vehicles.

maintenance, repair, and operation of passenger-carrying vehicles for the Navy Department (not to exceed ten in number) and the

Group IV (b) employees.

Naval Establishment not otherwise provided for; not to exceed $1,600,000 for employees assigned to Group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department, and part time or intermittent employment in the District of Columbia, or elsewhere, of such engineers and architects as may be contracted for by the Secretary of the Navy, in his discretion, at a rate of pay not exceeding $25 per diem for

Proviso.

Limitation on operation, etc.

any person so employed, $6,459,250: Provided, That expenditures from appropriations contained in this Act for the maintenance, operation, and repair of motor-propelled passenger-carrying vehicles, including the compensation of civilian chauffeurs and the compensation of any greater number than ninety enlisted men detailed to such duty, shall not exceed in the aggregate $70,000, exclusive of Marine Corps, without continental limits excluded. such vehicles owned and operated by the Marine Corps in connection with expeditionary duty without the continental limits of the United States and motorcycles, and on any one vehicle shall not exceed for maintenance, upkeep, and repair, exclusive of garage rent, pay of operators, tires, fuel, and lubricants, one third of the market price of a new vehicle of the same make or class, and in any case not more than $500. contingent, bureau of yards and docks

Contingent.

For contingent expenses and minor extensions and improvements of public works at navy yards and stations, $117,635. BUREAU OF AERONAUTICS

Bureau of Aeronautics.

aviation, navy

Designated aviation expenses.

For aviation, as follows: For navigational, photographic, aerological, radio, and miscellaneous equipment, including repairs thereto, for use with aircraft built or building on June 30, 1934,

Aircraft factory, etc.

$672,152; for maintenance, repair, and operation of aircraft factory, air stations, fleet air bases, fleet and all other aviation activities, accident prevention, testing laboratories, for overhauling of planes, and for the purchase for aviation purposes only of special clothing, wearing apparel, and special equipment, $10,066,800, including

Helium.

$120,000 for the equipment of vessels with catapults and including not to exceed $100,000 for the procurement of helium, which sum 417of $100,000 shall be transferred to and made available to the Bureau of Mines on July 1, 1934, and the bureau may lease, after competition, surplus metal cylinders acquired for use as helium containers; for continuing experiments and development work on all types of aircraft, including the payment of part-time or intermittent employment in the District of Columbia or elsewhere of such scientists and technicists as may be contracted for by the Secretary of the Navy, in his discretion, at a rate of pay not exceeding $20 per diem for any person so employed, $1,773,368; for new construction and procurement of aircraft and equipment, spare parts and accessories, $6,131,000, of which amount not to exceed $2,400,000 shall be available

Incurred obligations.

for the payment of obligations incurred under the contract authorization carried in the Navy Appropriation Act for the fiscal year 1934; in all, $18,643,320; and the money herein specifically appropriated for “Aviation ” shall be disbursed and accounted for

Accounting.

in accordance with existing law and shall constitute one fund: Provided, That the sum to be paid out of this appropriation for

Provisos.

Group IV (b) employees.

employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $971,200: Provided further, That in

Contracts for new airplanes, etc.

addition to the amount herein appropriated, the Secretary of the Navy may, prior to July 1, 1936, enter into contracts for the production and purchase of new airplanes and their equipment, spare parts, and accessories, to an amount not in excess of $2,800,000: Provided
Sum transferred for travel expenses.
further, That the Secretary of the Treasury is authorized and directed, upon the request of the Secretary of the Navy, to transfer not to exceed in the aggregate $24,000 from this appropriation to the appropriations “ Pay, Subsistence, and Transportation, Navy,”

Ante, p. 410; Post, p. 418.

and “ Pay, Marine Corps ” to cover authorized traveling expenses of officers and enlisted men in connection with flying new airplanes from contractor’s works to assigned station or ship, including travel to contractor’s works and return of personnel to station of duty, and the amount so transferred shall be in addition to any limitations contained in the appropriations “Pay, Subsistence, and Transportation, Navy,” and “ Pay, Marine Corps ”: Provided further, That

Coast stations limited.

no part of this appropriation shall be expended for maintenance of more than six heavier-than-air stations on the coast of the continental United States: Provided further, That no part of this appropriation

Airplane factory construction forbidden.

Adjusting damage claims.

shall be used for the construction of a factory for the manufacture of airplanes: Provided further, That the Secretary of the Navy is hereby authorized to consider, ascertain, adjust, determine, and pay out of this appropriation the amounts due on claims for damages which have occurred or may occur to private property growing out of the operations of naval aircraft where such claim does not exceed the sum of $500. NAVAL ACADEMY

Naval Aeademy.

Pay, Naval Academy: Pay for professors and others, Naval

Pay for professors, etc.

Academy: Pay of professors and instructors, including one professor as librarian, $238,410: Provided, That not more than $33,300

Provisos.

Instructors in swordsmanship.

shall be paid for masters and instructors in swordsmanship and physical training: Provided further, That no part of this appropriation shall be available for the pay of a civilian instructor at the

Employment of civilian instructors.

Naval Academy not so employed on June 27, 1933, except that the Secretary of the Navy is authorized to employ eight additional civilian instructors.

418

Employees.

Proviso.

Group IV (b) employees.

For pay of employees, $459,360: Provided, That the sum to be paid out of this appropriation for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $236,000.

Current, etc., expenses.

Current and miscellaneous expenses, Naval Academy: For text and reference books for use of instructors; stationery, blank books and forms, models, maps, newspapers, and periodicals; apparatus and materials for instruction in physical training and athletics;

Lectures, etc.

expenses of lectures and entertainments, not exceeding $1,000, including pay and expenses of lecturer; chemicals, philosophical apparatus and instruments, stores, machinery, tools, fittings, apparatus, materials for instruction purposes, and engraving of trophies

Library.

and badges, $66,800; for purchase, binding, and repair of books for the library (to be purchased in the open market on the written order

Board of Visitors.

of the superintendent), $5,000; for expenses of the Board of Visitors to the Naval Academy, $1,000; for contingencies for the superintendent of the academy, to be expended in his discretion, not exceeding $3,500; for contingencies for the commandant of midshipmen, to be expended in his discretion, not exceeding $1,000; in all, $77,300, to be accounted for as one fund.

Maintenance and repairs.

Maintenance and repairs, Naval Academy: For necessary repairs of public buildings, wharves, and walls inclosing the grounds of the Naval Academy, accident prevention, improvements, repairs, and fixtures; for books, periodicals, maps, models, and drawings; purchase and repair of fire engines; fire apparatus and plants, machinery;

Vehicles.

purchase and maintenance of all horses and horse-drawn vehicles for use at the academy, including the maintenance, operation, and repair of three horse-drawn passenger-carrying vehicles to be used only for official purposes; seeds and plants; tools and repairs of the same; stationery; furniture for Government buildings and offices at the academy, including furniture for midshipmen’s rooms; coal and other fuels; candles, oil, and gas; attendance on light and power plants; cleaning and clearing up station and care of buildings; attendance on fires, lights, fire engines, fire apparatus, and plants, and telephone, telegraph, and clock systems; incidental labor; advertising, water tax, postage, telephones, telegrams, tolls, and ferriage; flags and awnings; packing boxes; pay of inspectors and draftsmen;

Proviso.

Group IV (b) employees.

and music and astronomical instruments, $774,716: Provided, That the sum to be paid out of this appropriation for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $23,000.

MARINE CORPS

Marine Corps.

pay, marine corps

Pay, etc., officers on active list.

Ante, p. 417.

Pay of officers, active list: For pay and allowances prescribed by law for all officers on the active list—pay and allowance, $3,362,293, including not to exceed $141,306, for increased pay for making aerial flights; subsistence allowance, $469,097; rental allowance, $605,197; in all, $4,436,587; and no part of such sum shall be available to pay active-duty pay and allowances to officers on the retired list;

Retired officers.

Enlisted men, active list.

For pay of officers prescribed by law on the retired list, $855,281;

Pay of enlisted men active list: For pay and allowances of noncommissioned officers, musicians, and privates, as prescribed by law, and for the expenses of clerks of the United States Marine Corps 419traveling under orders, including not to exceed $250 for the expenses of attendance upon meetings of technical, professional, scientific and other organizations, when, in the judgment of the Secretary of the Navy, such attendance would be of benefit in the conduct of the work of the Marine Corps, and including additional compensation for enlisted men of the Marine Corps, qualified as expert riflemen, sharpshooters, marksmen, or regularly detailed as gun captains, gun pointers, cooks, messmen, including interest on deposits by enlisted men, post-exchange debts of deserters and of men discharged or sentenced to terms of imprisonment while in debt to the United States, under such rules as the Secretary of the Navy may prescribe, and the authorized travel allowance of discharged enlisted men, and for prizes for excellence in gunnery exercises and target practice, and for pay of enlisted men designated as Navy mail clerks and assistant Navy mail clerks both afloat and ashore, and for gratuities to enlisted men discharged not under honorable conditions—pay and allowances, $6,735,710; allowance

Pay and allowances.

for lodging and subsistence, $581,817; in all, $7,317,527;

For pay and allowances prescribed by law of enlisted men on the

Retired enlisted men.

retired list, $675,330;

Undrawn clothing: For payment to discharged enlisted men for

Undrawn clothing.

clothing undrawn, $271,566;

For pay and allowances of the Marine Corps Reserve (a) excluding

Marine Corps Reserve.

transferred and assigned men, $401,330; (b) transferred men, $337,591; (c) assigned men, $5,400; in all, $744,321;

For mileage and actual and necessary expenses and per diem in

Mileage, etc.

lieu of subsistence as authorized by law to officers traveling under orders without troops, $90,000;

In all, $14,390,612, and the money herein specifically appropriated

Accounting.

for pay of the Marine Corps shall be disbursed and accounted for in accordance with existing law and shall constitute one fund.

pay of civil employees, marine corps

Pay of civil force: For personal services in the District of Columbia,

Civil force at headquarters.

as follows:

Offices of the Major General Commandant and adjutant inspector, $94,939;

Office of paymaster, $40,651;

Office of the quartermaster, $105,920; in all, $241,510: Provided,

Proviso.

No increase in enlisted men at headquarters.

That the total number of enlisted men on duty at Marine Corps headquarters on May 7, 1930, shall not be increased, and in lieu of enlisted men whose services at such headquarters shall be terminated for any cause prior to July 1, 1935, their places may be filled by

Vacancies to be filled by civilians.

Pay rates according to Classification Act.

Vol. 42, p. 1488; Vol. 46, pp. 776, 1003.

U.S.C., p. 65; Supp. VII, p. 34.

civilians, for the pay of whom, in accordance with the Classification Act of 1923, as amended, either or both the appropriations “ Pay, Marine Corps ”, and “ General expenses, Marine Corps ”, shall be available.

general expenses, marine corps

General expenses.

For every expenditure requisite for, and incident to, the authorized

Authorized work.

work of the Marine Corps, other than as appropriated for under the headings of pay and salaries, as follows:

For provisions, subsistence, board and lodging of enlisted men,

Provisions, etc.

recruits and recruiting parties, and applicants for enlistment, cash allowance for lodging and subsistence to enlisted men traveling on duty; ice, ice machines and their maintenance, $2,123,812;

For clothing for enlisted men, $460,322;

Clothing.

Fuel, etc.

For fuel, heat, light, and power, including sales to officers, $424,600;

420

Military supplies, etc.

Purchase, preservation, etc.

For military supplies and equipment, including their purchase, repair, preservation, and handling; recreational, school, educational, library, musical, amusement, field sport and gymnasium supplies, equipment, services, and incidental expenses; purchase and marking

Prizes, badges, etc.

of prizes for excellence in gunnery and rifle practice, good-conduct badges, medals, and buttons awarded to officers and enlisted men by the Government for conspicuous, gallant, and special service; rental and maintenance of target ranges and entrance fees for competitions, $472,330.

Transportation, etc.

For transportation of troops and applicants for enlistment, including cash in lieu of ferriage and transfers en route; toilet kits for issue to recruits upon their first enlistment and other incidental

Dependents.

expenses of the recruiting service; and for transportation for dependents of officers and enlisted men, $250,000;

Repairs, etc., to barracks, quarters, etc.

For repairs and improvements to barracks, quarters, and other public buildings at posts and stations; for the renting, leasing, and improvement of buildings in the District of Columbia, and at such other places as the public exigencies require, and the erection of temporary buildings upon the approval of the Secretary of the Navy at a total cost of not to exceed $10,000 during the year, $340,000;

Forage, etc.

For forage and stabling of public animals and the authorized number of officers’ horses, $25,000;

Contingent.

For miscellaneous supplies, material, equipment, personal and other services, and for other incidental expenses for the Marine Corps not otherwise provided for; purchase, repair, and exchange of typewriters and calculating machines; purchase and repair of furniture

Vehicles, etc.

and fixtures; repair of motor-propelled passenger-carrying vehicles; purchase of five motorcycles, at not to exceed $295 each; and purchase, exchange, and repair of horse-drawn passenger-carrying and other vehicles, including parts; veterinary services and medicines for

Horses, etc.

public animals and the authorized number of officers’ horses; purchase of mounts and horse equipment for all officers below the grade of major required to be mounted; shoeing for public animals and the authorized number of officers’ horses; books, newspapers, and periodicals; printing and binding; packing and crating of officers’ allowance

Funeral expenses.

of baggage; funeral expenses of officers and enlisted men and accepted applicants for enlistment and retired officers on active duty, including the transportation of their bodies, arms, and wearing apparel from the place of demise to the homes of the deceased in the United States; construction, operation, and maintenance of laundries; and for all emergencies and extraordinary expenses, $1,845,261;

Marine Corps Reserve.

Marine Corps Reserve: For clothing, subsistence, heat, light, transportation, and miscellaneous expenses, $75,000;

Accounting.

Proviso.

Group IV (b) employees.

In all, $6,016,325, to be accounted for as one fund: Provided, That the sum to be paid out of this appropriation for employees assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $90,000.

alterations to naval vessels

Alterations to naval vessels.

Modernizing “New Mexico”, “Mississippi”, and “Idaho.”

Vol. 46, p. 1453.

Toward the alterations and repairs required for the purpose of modernizing the United States ships New Mexico, Mississippi, and Idaho, authorized by the Act entitled “An Act to authorize alterations and repairs of certain naval vessels ”, approved February 28,

Proviso.

Group IV (b) employees.

1931, $470,400, to remain available until expended: Provided, That the sum to be paid out of the amount available for expenditure under this head for the fiscal year 1935 for employees in field service 421assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $20,000. INCREASE OF THE NAVY

Increase of the Navy.

Construction and machinery: On account of hulls and outfits of

Construction and machinery of vessels heretofore authorized.

vessels and machinery of vessels heretofore authorized, including the commencement of one cruiser of subcategory (a) and three cruisers of subcategory (b), authorized by the Act approved February

Vol. 45, p. 1165.

13, 1929 (45 Stat. 1165), $27,342,000, and, in addition, (1) the Secretary of the Treasury is authorized and directed, upon the request of the Secretary of the Navy, to make transfers during the fiscal year 1935 from the naval supply account fund to this appropriation

Amount from naval supply account.

Sum from emergency construction fund.

Vol. 47, p. 717.

of sums aggregating not to exceed $5,000,000, and (2) there is hereby reappropriated for the objects embraced by this paragraph (a) $1,450,000 of the appropriation “Public Works, Navy, Emergency Construction, Act July 21, 1932 ”, contained in the Act entitled “An Act to relieve destitution, to broaden the lending powers of the Reconstruction Finance Corporation, and to create employment by providing for and expediting a public-works program ”, approved July 31, 1932, and (b) $550,000 of the unexpended balances

Sum from “Public Works, Yards and Docks.”

Vol. 47, p. 717.

Available until expended.

Provisos.

Group IV (b), etc., employees.

of the amounts heretofore appropriated under the head of “ Public Works, Bureau of Yards and Docks”, and the total sums hereby made available shall remain available until expended: Provided, the sum to be paid out of the amount available for expenditure under the head of “ Construction and Machinery ” for the fiscal year 1935 for employees in the field service assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $465,000: Provided, That of the appropriations contained in this Act under the head of “Increase of the Navy”, there shall be available such sums as the Secretary of the Navy may from time to time determine to be necessary for the engagement of technical services, including

Technical services, purchase of plans, etc.

the purchase of plans, and the employment of personnel in the Navy Department and in the field, in addition to those otherwise provided for, owing to the construction of vessels heretofore authorized and herein or heretofore appropriated for in part.

Armor, armament, and ammunition: Toward the armor, armament,

Armor, etc., for vessels authorized.

Proviso.

Group IV (b) employees.

and ammunition for vessels heretofore authorized, $6,277,334, to remain available until expended: Provided, That the sum to be paid out of the amount available for expenditure under this head for the fiscal year 1935 for employees in the field service assigned to group IV (b) and those performing similar services carried under native and alien schedules in the Schedule of Wages for Civil Employees in the Field Service of the Navy Department shall not exceed $175,000.

That in the expenditure of appropriations in this Act the Secretary

Purchase of foreign products, etc., forbidden.

of the Navy shall, unless in his discretion the interest of the Government will not permit, purchase or contract for, within the limits of the United States, only articles of the growth, production, or manufacture of the United States, notwithstanding that such articles of the growth, production, or manufacture of the United States may cost more, if such excess of cost be not unreasonable.

The appropriations made in this Act for the purchase or manufacture

Purchase, etc., of equipment available for letters patent, etc.

of equipment or material or of a particular class of equipment or material shall be available for the purchase of letters patent, 422applications for letters patent, licenses under letters patent, and applications for letters patent that pertain to such equipment or material for which the appropriations are made.

Department use limited.

No part of any appropriation made for the Navy shall be expended for any of the purposes herein provided for on account of the Navy Department in the District of Columbia, including personal services of civilians and of enlisted men of the Navy, except as herein

Provisos.

Details to Navigation Bureau.

Designated services not regarded as Department detail.

expressly authorized: Provided, That there may be detailed to the Bureau of Navigation not to exceed at any one time six enlisted men of the Navy: Provided further, That enlisted men detailed to the naval dispensary and the radio communication service shall not be regarded as detailed to the Navy Department in the District of Columbia.

No pay to officer, etc., using time-measuring device on work of employee.

No part of the appropriations made in this Act shall be available for the salary or pay of any officer, manager, superintendent, foreman, or other person or persons having charge of the work of any employee of the United States Government while making or causing to be made with a stop watch or other time-measuring device a time study of any job of any such employee between the starting and completion thereof, or of the movements of any such employee while engaged upon such work; nor shall any part of the appropriations

Cash rewards, etc., restricted.

made in this Act be available to pay any premiums or bonus or cash reward to any employee in addition to his regular wages, except for suggestions resulting in improvements or economy in the operation of any Government plant; and no part of the moneys herein appropriated for the Naval Establishment or herein made available therefor shall be used or expended under contracts hereafter made for the

Repair, equipment, etc., at other than navy yards, etc., restricted.

repair, purchase, or acquirement, by or from any private contractor, of any naval vessel, machinery, article or articles that at the time of the proposed repair, purchase, or acquirement can be repaired, manufactured, or produced in each or any of the Government navy yards or arsenals of the United States, when time and facilities permit, and when, in the judgment of the Secretary of the Navy, such repair, purchase, acquirement, or production would not involve an

Proviso.

Construction, etc., of first and alternate cruisers at Government yards, factories, etc., required.

Vol. 45, p. 1165.

appreciable increase in cost to the Government: Provided, That nothing herein shall be construed as altering or repealing the proviso contained in section 1 of the Act to authorize the construction of certain naval vessels, approved February 13, 1929, which provides that the first and each succeeding alternate cruiser upon which work is undertaken, together with the main engines, armor, and armament shall be constructed or manufactured in the Government navy yards, naval gun factories, naval ordnance plants, or arsenals of the United States, except such material or parts as are not customarily manufactured in such Government plants.

NAVY DEPARTMENT

Navy Department.

salaries

Salaries.

For compensation for personal services in the District of Columbia, as follows:

Secretary, Assistant, and civilian personnel in offices, etc., designated.

Office of the Secretary of the Navy: Secretary of the Navy, Assistant Secretary of the Navy, and other personal services, $154,800.

General board, $11,304.

Naval examining and retiring boards, $9,540.

Compensation board, $6,156.

Office of Naval Records and Library, including employees engaged in the collection or copying and classification, with a view to publication, of the naval records of the war with the Central Powers of Europe, $30,672.

423

Office of Judge Advocate General, $104,940.

Office of Chief of Naval Operations, $61,830.

Board of Inspection and Survey, $15,516.

Office of Director of Naval Communications, $108,720.

Office of Naval Intelligence, $32,760.

Bureau of Navigation, $407,943.

Hydrographic Office, $337,356.

Naval Observatory, including $2,500 for pay of computers on piecework in preparing for publication the American Ephemeris and Nautical Almanac and in improving the tables of the planets, moon, and stars, $149,994.

Bureau of Engineering, $268,470.

Bureau of Construction and Repair, $312,670.

Bureau of Ordnance, $134,703.

Bureau of Supplies and Accounts, $683,670.

Bureau of Medicine and Surgery, $69,048.

Bureau of Yards and Docks, $251,450.

Bureau of Aeronautics, $237,078.

In all, salaries, Navy Department, $3,388,620.

In expending appropriations or portions of appropriations contained

Salaries limited to average rates under Classification Act.

Vol. 46, p. 1003, U.S.C., Supp. VII, p. 34.

in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the Assistant Secretaries of the Navy, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended: Provided, That this

Proviso.

Restriction not applicable to clerical-mechanical service.

No reduction in fixed salaries.

Vol. 42, p. 1490.

restriction shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, or (2) to require the reduction in salary of any person whose compensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position

Transfers to another position without reduction.

to another position in the same or different grade in the same or a different bureau, office or other appropriation unit, (4) to prevent the payment of a salary under any grade at a rate higher than the maximum

Payment under higher rates permitted.

If only one position in a grade.

rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or (5) to reduce the compensation of any person in a grade in which only one position is allocated.

contingent expenses For professional and technical books and periodicals, law books,

Department contingent expenses.

and necessary reference books, including city directories, railway guides, freight, passenger, and express tariff books and photostating, for department library; for purchase of photographs, maps, documents, and pictorial records of the Navy, photostating and other necessary incidental expenses in connection with the preparation for publication of the naval records of the war with the Central Powers

Naval records of World War.

of Europe; for stationery, furniture, newspapers, plans, drawings, and drawing materials; purchase and exchange of motor trucks or motor delivery wagons, maintenance, repair, and operation of motor trucks or motor delivery wagons; garage rent; street-car fares not exceeding $500; freight, expressage, postage, typewriters, and computing machines, and other absolutely necessary expenses of the Navy Department and its various bureaus and offices, $75,000; it

Naval service appropriations not to be used for department expenses.

shall not be lawful to expend, unless otherwise specifically provided for department herein, for any of the offices or bureaus of the Navy Department in the District of Columbia, any sum out of appropriations made for 424the naval service for any of the purposes mentioned or authorized in this paragraph. Printing and Binding

Printing and binding.

For printing and binding for the Navy Department and the Naval Establishment executed at the Government Printing Office, $375,000, including not exceeding $85,000 for the Hydrographic Office and $2,800 for the Naval Reserve Officers’ Training Corps. contingent and miscellaneous expenses, hydrographic office

Hydrographic Office.

Contingent and miscellaneous expenses.

For purchase and printing of nautical books, charts, and sailing directions, copperplates, steel plates, chart paper, packing boxes, chart portfolios, electrotyping copperplates, cleaning copperplates; tools, instruments, power, and material for drawing, engraving, and printing; materials for and mounting charts; reduction of charts by photography; photolithographing charts for immediate use; transfer of photolithographic and other charts to copper; purchase of equipment for the storage of plates used in making charts and for the storage of Hydrographic Office charts and publications; modernization, care and repair to printing presses, furniture, instruments, and tools; extra drawing and engraving; translating from foreign languages;

Pilot charts.

telegrams on public business; preparation of pilot charts and their supplements, and printing and mailing same; purchase of data for charts and sailing directions and other nautical publications; books of reference and works and periodicals relating to hydrography, marine meteorology, navigation, surveying, oceanography, and terrestrial magnetism, and to other professional and technical subjects connected with the work of the Hydrographic Office, $62,000. branch hydrographic offices

Branch offices.

Contingent expenses.

For contingent expenses of branch hydrographic offices at Boston, New York, Philadelphia, Baltimore, Norfolk, Savannah, New Orleans, San Francisco, Portland (Oregon), Portland (Maine), Chicago, Cleveland, Detroit, Buffalo, Duluth, Sault Sainte Marie, Seattle, Panama, San Juan (Puerto Rico), Los Angeles, Honolulu, and Galveston, including furniture, fuel, lights, works, and periodicals, relating to hydrography, marine meteorology, navigation, surveying, oceanography, and terrestrial magnetism, stationery, miscellaneous articles, rent and care of offices, care of time balls, car fare and ferriage in visiting merchant vessels, freight and express charges, telegrams, and other necessary expenses incurred in collecting the latest information for pilot charts, and for other purposes for which the offices were established, $13,180.

Employees.

For services of necessary employees at branch offices, $40,014.

contingent and miscellaneous expenses, naval observatory

Naval Observatory.

Library, apparatus, repairs, etc.

For professional and scientific books, books of reference, periodicals, engravings, photographs, and fixtures for the library; for apparatus and instruments, and for repairs of the same; for repairs to buildings (including quarters), fixtures, and fences; for cleaning, repair, and upkeep of grounds and roads; furniture and furnishings for offices and quarters, gas, chemicals, paints, and stationery, including transmission of public documents through the Smithsonian exchange, foreign postage; plants, seeds, and fertilizers; for fuel, oil, grease, pipe, wire, and other materials needed for the maintenance and repair of boilers, engines, heating apparatus, electric lighting and power, and water supply; purchase and maintenance of teams; 425maintenance, repair, and operation of motor trucks and passenger automobiles, and of horse-drawn vehicles; telegraph and telephone service; and other absolutely necessary expenses, $20,000.

Sec. 2. No part of any money appropriated by this Act shall be

Government – owned automobiles.

Use restricted to official business.

Transportation between domicile and place of employment.

used for maintaining, driving, or operating any Government-owned motor-propelled passenger-carrying vehicle not used exclusively for official purposes; and “official purposes ” shall not include the transportation of officers and employees between their domiciles and places of employment of employment except in cases of medical officers on out-patient medical service and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the head of the department. This section shall not

Exemptions.

apply to any motor vehicle for official use of the Secretary of the Navy, and no other persons connected with the Navy Department or the naval service, except the commander in chief of the United States Asiatic Fleet, Marine Corps officers serving with expeditionary forces in foreign countries, and medical officers on out-patient medical service, shall have a Government-owned motor vehicle assigned for their exclusive use.

Approved, March 15, 1934.

Making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1935, and for other purposes 1934-03-15 70 Chapter 48 Stat. 425 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 70.]

AN ACT Making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1935, and for other purposes

March 15, 1934.

[H. R. 7295.]

[Public, No. 123.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Treasury and Post Office Departments Appropriation Act, 1935.

<num value="I"><inline class="centered">TITLE I—</inline></num> <heading><inline class="centered">TREASURY DEPARTMENT</inline></heading> <sidenote>Title I—Treasury Department.</sidenote> <chapeau>That the following sums are appropriated, out of any money in the <sidenote>Appropriations for fiscal year, 1935.</sidenote>Treasury not otherwise appropriated, for the Treasury Department for the fiscal year ending June 30, 1935, namely:</chapeau> <appropriations level="small"> <heading>office of the secretary</heading> <sidenote>Secretary’s office.</sidenote> <content>Salaries: Secretary of the Treasury, Under Secretary of the <sidenote>Secretary, Under Secretary, Assistants, and office personnel.Provisos.Salaries limited to average rates under Classification Act.Vol. 42, p. 1488; Vol. 46, p. 1003.U.S.C., p. 65; Supp. VII, p. 34.Exception.</sidenote>Treasury, three Assistant Secretaries of the Treasury, and other personal services in the District of Columbia, $150,000: <proviso>Provided, That in expending appropriations or portions of appropriations contained in this Act for the payment of personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the Assistant Secretaries of the Treasury the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriations unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended</proviso>: <proviso>Provided, That this restriction shall not apply (1) to grades 1, 2, 3, and 4 of <sidenote>Not applicable to clerical-mechanical service.No reduction in fixed salaries.Vol. 42, p. 1480; Vol. 46, p. 1005.Transfers to another position without reduction.</sidenote>the clerical-mechanical service, or (2) to require the reduction in salary of any person whose compensation was fixed, as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, (4) to prevent the payment of a salary under any grade at a rate <sidenote>Higher salary rates permitted.</sidenote>higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is <page identifier="/us/stat/48/426">426</page><sidenote>If only one position in a grade.</sidenote>specifically authorized by other law, or (5) to reduce the compensation of any person in a grade in which only one position is allocated</proviso>.</content> </appropriations> <appropriations level="small"> <heading>office of solicitor of the treasury</heading> <sidenote>Solicitor’s office.Solicitor, and office personnel.Custody, etc. of lands.R.S., secs. 3749, 3750, p. 739.U.S.C., p. 1305.</sidenote> <content>Salaries: For the Solicitor, and other personal services in the District of Columbia, $27,900. Lands and other property of the United States: For custody, care, protection, and expenses of sales of lands and other property of the United States, acquired and held under sections 3749 and 3750 of the Revised Statutes (U.S.C., title 40, secs. 301, 302), the examination of titles, recording of deeds, advertising, and auctioneers’ fees in connection therewith, $500.</content> </appropriations> <appropriations level="small"> <heading>office of chief clerk and superintendent</heading> <sidenote>Chief clerk’s office.Chief clerk, and office personnel.</sidenote> <content>Salaries: For the chief clerk, who shall be the chief executive officer of the Department and who may be designated by the Secretary of the Treasury to sign official papers and documents during the temporary absence of the Secretary, Under Secretary, and Assistant Secretaries of the Department, and for other personal <sidenote>Operating force, department buildings.</sidenote>services in the District of Columbia, including the operating force of the Treasury, Liberty Loan, and Auditors’ Buildings and the Treasury Department Annex, Pennsylvania Avenue and Madison Place, and of other buildings under the control of the Treasury Department, $459,000.</content> </appropriations> <appropriations level="small"> <heading>contingent expenses, treasury department</heading> <sidenote>Department contingent expenses.Operating expenses, department buildings.Periodicals, reference books, etc.Freight, etc.Motor vehicles.</sidenote> <content>For miscellaneous and contingent expenses of the office of the Secretary and the bureaus and offices of the Department, including operating expenses of the Treasury, Treasury Annex, Auditors’ and Liberty Loan Buildings; newspaper clippings, financial journals, law books, and other books of reference; freight, expressage, telegraph and telephone service; purchase and exchange of motor trucks, and one passenger automobile (at a cost not exceeding $2,500) for the Secretary of the Treasury, and maintenance and repair of motor trucks and two passenger automobiles (one for the Secretary of the Treasury and one for general use of the Department), all to be used <sidenote>Fuel, etc.</sidenote>for official purposes only; file holders and cases; fuel, oils, grease, and heating supplies and equipment; gas and electricity for lighting, heating, and power purposes, including material, fixtures, and equipment therefor; purchase, exchange, and repair of typewriters and labor-saving machines and equipment and supplies for same; floor <sidenote>Furniture, etc.</sidenote>covering and repairs thereto; furniture and office equipment, including supplies therefor and repair’s thereto; awnings, window shades, and fixtures; cleaning supplies and equipment; drafting equipment; ammonia for ice plant; flags; hand trucks, ladders; miscellaneous hardware; street-car fares not exceeding $500; thermometers: lavatory equipment and supplies; tools and sharpening same; laundry service; laboratory supplies and equipment, removal of rubbish, postage, and other absolutely necessary articles, supplies, and equipment not otherwise provided for; $126,100, of which $2,500 shall be <sidenote>Proviso.Other funds available.</sidenote>immediately available: <proviso>Provided, That the appropriations for the Public Debt Service and Internal Revenue Service for the fiscal year 1935 are hereby made available for the payment of items otherwise properly chargeable to this appropriation, the provisions of section <sidenote>Vol. 37, p. 414.U.S.C., p. 1019.</sidenote>6, Act of August 23, 1912 (U.S.C., title 31, sec. 669), to the contrary notwithstanding</proviso>.</content> </appropriations> <page identifier="/us/stat/48/427">427</page> <appropriations level="small"> <heading>division of supply</heading> <content>Salaries: For the Chief. Division of Supply, and other personal <sidenote>Chief, and other personal services.</sidenote>services in the District of Columbia, $156,600. Printing and binding: For printing and binding for the Treasury <sidenote>Printing and binding.</sidenote>Department, including all of its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, including materials for the use of the bookbinder located in the Treasury Department, but not including work done at the New <sidenote>Work excluded.Vol. 40, p. 1270.U.S.C., p. 1421.</sidenote>York customhouse bindery authorized by the Joint Committee on Printing in accordance with the Act of March 1, 1919 (U.S.C., title 44, sec. 111), $525,000. Stationery: For stationery for the Treasury Department and its <sidenote>Stationery.</sidenote>several bureaus and offices, and field services thereof, including tags, labels, and index cards, printed in the course of manufacture, packing boxes and other materials necessary for shipping stationery supplies, and cost of transportation of stationery supplies purchased free on board point of shipment and of such supplies shipped from Washington to field offices, $275,000. </content> </appropriations> <appropriations level="small"> <heading>office of commissioner of accounts and deposits</heading> <sidenote>Accounts and Deposits Office.Commissioner, and office personnel.</sidenote> <content>For Commissioner of Accounts and Deposits and other personal services in the District of Columbia, $113,040. For books of reference, law books, books on finance, technical and <sidenote>Reference books, periodicals, etc.</sidenote>scientific books, newspapers, and periodicals, for expenses incurred in completing imperfect series, for library cards, supplies, and for all other necessary expenses, $1,000. </content> </appropriations> <appropriations level="small"> <heading>division of bookkeeping and warrants</heading> <sidenote>Bookkeeping and Warrants Division.Chief, and office personnel.</sidenote> <content>For the chief of the division, and other personal services in the District of Columbia, $150,390. Contingent expenses, public moneys: For contingent expenses <sidenote>Contingent expenses, public moneys.R.S., sec. 3653, p. 719.U.S.C., p. 1010.</sidenote>under the requirements of section 3653 of the Revised Statutes (U.S.C., title 31, sec. 545), for the collection, safe-keeping, transfer, and disbursement of the public money, transportation of notes, bonds, and other securities of the United States, salaries of special agents, actual expenses of examiners detailed to examine the books, <sidenote>Examination of depositories.R.S., sec. 3649, p. 718.U.S.C., p. 1010.</sidenote>accounts and money on hand at the several depositories, including national banks acting as depositories under the requirements of section 3649 of the Revised Statutes (U.S.C., title 31, sec. 548), also including examinations of cash accounts at mints and cost of insurance on shipments of money by registered mail when necessary, $150,000. Recoinage of minor coins: To enable the Secretary of the Treasury <sidenote>Recoinage of minor coins.</sidenote>to continue the recoinage of worn and uncurrent minor coins of the United States now in the Treasury or hereafter received, and to reimburse the Treasurer of the United States for the difference between the nominal or face value of such coins and the amount the same will produce in new coins, $65,000. </content> </appropriations> <appropriations level="small"> <heading>public debt service</heading> <sidenote>Public Debt Service.</sidenote> <content>For necessary expenses connected with the administration of any <sidenote>Commissioner, personnel, and other services.</sidenote>public debt issues and United States paper currency issues with which the Secretary of the Treasury is charged, including the purchase of law books, directories, books of reference, pamphlets, <sidenote>Reference books, etc.</sidenote>periodicals, and newspapers, and including the Commissioner of the Public Debt and other personal services in the District of Columbia, $1,892,500: <proviso>Provided, That the amount to be expended <sidenote>Amount for services in the District.</sidenote>for personal services in the District of Columbia shall not exceed <page identifier="/us/stat/48/428">428</page><sidenote>Restriction on use of indefinite appropriation.Vol. 40, p. 292.U.S.C., p. 1027.</sidenote>$1,867,500</proviso>: <proviso>Provided further, That the indefinite appropriation “Expenses of loans, Act of September 24, 1917, as amended and extended” (U.S.C., title 31, secs. 760, 761), shall not be used during the fiscal year 1935 to supplement the appropriation herein made for the current work of the Public Debt Service</proviso>.<sidenote>Distinctive paper for securities.Quantity authorized.</sidenote> Distinctive paper for United States securities: For distinctive paper for United States currency, national-bank currency, and Federal Reserve bank currency, not exceeding two million pounds, including transportation of paper, traveling, mill, and other necessary expenses, and salaries of employees, and allowance, in lieu of expenses, of officer or officers detailed from the Treasury Department, not exceeding $50 per month each when actually on <sidenote>Provisos.Price limitation.Division of awards.</sidenote>duty; in all, $462,772: <proviso>Provided, That no part of this appropriation shall be expended for the purchase of such paper at a price per pound in excess of 32¼ cents</proviso>: <proviso>Provided further, That in order to foster competition in the manufacture of distinctive paper for United States securities, the Secretary of the Treasury is authorized, in his discretion, to split the award for such paper for the fiscal year 1935 between the two bidders whose prices per pound are the lowest received after advertisement, but not in excess of the price fixed herein</proviso>.<sidenote>Addition to cumulative sinking fund.Vol. 47, p. 724.</sidenote> Addition to cumulative sinking fund (section 308 of Emergency Relief and Construction Act of 1932) : To carry into effect the provisions of section 308 of the Emergency Relief and Construction Act of 1932, approved July 21, 1932 (47 Stat., p. 709), there is hereby appropriated for each fiscal year beginning with the fiscal year 1935, out of any money in the Treasury not otherwise appropriated, for <sidenote>Vol. 40, p. 1311.</sidenote>the purposes of the cumulative sinking fund provided in section 6 of the Victory Liberty Loan Act, as amended, in addition to amounts otherwise appropriated, a sum equal to 2½ per centum of the aggregate <sidenote>Public Works construction.Vol. 47, pp. 716, 720.</sidenote>of the expenditures on or after June 30, 1933, from appropriations made or authorized in sections 301 and 302, title III, of the Emergency Relief and Construction Act of 1932. </content> </appropriations> <appropriations level="small"> <heading>division of appointments</heading> <sidenote>Appointments Division.Chief, and office personnel.</sidenote> <content>Salaries: For the chief of the division, and other personal services in the District of Columbia, $39,492.</content> </appropriations> <appropriations level="small"> <heading>office of disbursing clerk</heading> <sidenote>Disbursing clerk, and office personnel.</sidenote> <content>Salaries: For the disbursing clerk and other personal services in the District of Columbia, $47,610.</content> </appropriations> <appropriations level="small"> <heading>bureau of customs</heading> <sidenote>Customs Bureau.Collecting customs revenue.</sidenote> <content>Collecting the revenue from customs: For collecting the revenue from customs, for the detection and prevention of frauds upon the customs revenue, and not to exceed $25,000 for the securing of evidence <sidenote>Transfer of receipts from points lacking Government depositories.</sidenote>of violations of the customs laws, for expenses of transportation and transfer of customs receipts from points where there are no Government depositories, not to exceed $35,000 for allowances <sidenote>Living quarters, allowances, etc.Vol 46, p. 818.U.S.C., Supp. VII, p. 20.Vehicles, newspapers, etc.</sidenote>for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a), but not to exceed $720 for any one person, not to exceed $5,000 for the hire of motor-propelled passenger-carrying vehicles, not to exceed $500 for subscriptions to newspapers, and including the purchase (not to exceed $25,000), exchange, maintenance, repair, and operation of motor-propelled passenger-carrying vehicles when necessary for official use in field work, $18,500,000, of which such <page identifier="/us/stat/48/429">429</page>amount as may be necessary shall be available for the cost of seizure, <sidenote>Seizures, under customs laws.</sidenote>storage and disposition of any merchandise, vehicle and team, automobile, boat, air or water craft, or any other conveyance seized under the provisions of the customs laws, and $401,562 shall be available for personal services in the District of Columbia exclusive of ten persons <sidenote>Services in the District.Field details.Vol. 46, p. 741.Proviso.Motor vehicle restriction.</sidenote>from the field force authorized to be detailed under section 525 of the Tariff Act of 1930: <proviso>Provided, That no part of this appropriation shall be expended for maintenance or repair of motor-propelled passenger-carrying vehicles for use in the District of Columbia except one for use in connection with the work of the customhouse in Georgetown</proviso>.</content> </appropriations> <appropriations level="small"> <heading>bureau of the budget</heading><sidenote>Bureau of the Budget.</sidenote> <content>Salaries and expenses: Director, Assistant Director, and all other <sidenote>Director, Assistant, personnel, and other expenses.</sidenote>necessary expenses of the Bureau, including compensation of attorneys and other employees in the District of Columbia; contract stenographic reporting services, telegrams, telephone service, law books, books of reference, periodicals, stationery, furniture, office equipment, other supplies, traveling expenses, street-car fares; $139,851. For printing and binding, $32,000.<sidenote>Printing and binding.</sidenote> </content> </appropriations> <appropriations level="small"> <heading>office of treasurer of the united states</heading><sidenote>Treasurer’s office.</sidenote> <content>Salaries: For Treasurer of the United States, Assistant Treasurer, <sidenote>Treasurer, Assistant, and office personnel.</sidenote>and for other personal services in the District of Columbia, $1,080,000. For personal services in the District of Columbia, in redeeming <sidenote>Redeeming Federal Reserve and national currency.</sidenote>Federal Reserve and national currency, $294,300, to be reimbursed by the Federal Reserve and national banks. </content> </appropriations> <appropriations level="small"> <heading>office of the comptroller of the currency</heading> <sidenote>Office of Comptroller of the Currency.Comptroller, and office personnel.</sidenote> <content>Salaries: Comptroller of the Currency and other personal services in the District of Columbia, $211,050. For personal services in the District of Columbia in connection <sidenote>Personal services; reimbursable.</sidenote>with Federal Reserve and national currency, $46,152, to be reimbursed by the Federal Reserve and national banks. </content> </appropriations> <appropriations level="small"> <heading>bureau of internal revenue</heading><sidenote>Internal Revenue Bureau.</sidenote> <content>Collecting the internal revenue: For expenses of assessing and <sidenote>Collecting internal revenue.Commissioner, general counsel, and office and field personnel.Post, p. 1061.</sidenote>collecting the internal-revenue taxes, including the Commissioner of Internal Revenue, general counsel for the Bureau of Internal Revenue, an assistant to the commissioner, a special deputy commissioner, three deputy commissioners, one stamp agent (to be reimbursed by the stamp manufacturers), and the necessary officers, collectors, deputy collectors, attorneys, experts, agents, accountants, inspectors, clerks, janitors, and messengers in the District of Columbia, the several collection districts, and the several divisions of internal-revenue agents, to be appointed as provided by law, telegraph and telephone service, rental of quarters outside the District of Columbia, <sidenote>Outside rent.Miscellaneous.</sidenote>postage, freight, express, necessary expenses incurred in making investigations in connection with the enrollment or disbarment of practitioners before the Treasury Department in internal-revenue matters, expenses of seizure and sale, and other necessary miscellaneous expenses, including stenographic reporting services, and the purchase of such supplies, equipment, furniture, mechanical devices, law books and books of reference, and such other articles as may be necessary for use in the District of Columbia, the several collection districts, and the several divisions of internal-revenue agents, <page identifier="/us/stat/48/430">430</page><sidenote>Services in the District.Provisos.Witness fees.</sidenote>$27,450,520, of which amount not to exceed $7,547,202 may be expended for personal services in the District of Columbia: <proviso>Provided, That no part of this amount shall be used in defraying the expenses of any officer designated above, subpenaed by the United States court to attend any trial before a United States court or preliminary examination before any United States commissioner, which expenses shall be paid from the appropriation for “Fees of witnesses, United States courts”</proviso>: <proviso>Provided further, That not more than $100,000 of the total amount appropriated herein may be expended by the Commissioner of Internal Revenue for detecting and bringing to trial persons guilty of violating the internal revenue laws or conniving at the same, including payments for information and detection of such violation</proviso>. <sidenote>Refunding taxes.</sidenote> Refunding taxes. Refunding taxes illegally or erroneously collected: For refunding taxes illegally or erroneously collected, as provided by law, including the payment of claims for the fiscal year 1935 and prior years, <sidenote>Proviso.Detailed report to Congress.Vol. 45, p. 996.U.S.C., Supp. VII, p. 677.</sidenote>$40,000,000: <proviso>Provided, That a report shall be made to Congress by internal-revenue districts and alphabetically arranged of all disbursements hereunder in excess of $500 as required by section 3 of the Act of May 29, 1928 (U.S.C., Supp. VI, title 26, sec. 1676), including the names of all persons and corporations to whom such payments are made, together with the amount paid to each</proviso>.</content> </appropriations> <appropriations level="small"> <heading>bureau of industrial alcohol</heading> <sidenote>Industrial Alcohol Bureau.Salaries and expenses.Vol. 41, p. 305; Vol. 42, p. 222; Vol. 44, p. 1381; Vol. 40, p. 430.U.S.C., p. 853; Supp. VII, pp. 27, 712.</sidenote> <content>Salaries and expenses: For expenses to administer the applicable provisions of the National Prohibition Act as amended and supplemented (U.S.C., title 27) and internal revenue laws, pursuant to the Act of March 3, 1927 (U.S.C., Supp. VI, title 5, secs. 281–281e), and the Act of May 27, 1930 (U.S.C., Supp. VI, title 27, secs. 103–108), <sidenote>Ante, p. 16.</sidenote>and the provisions of the Act of March 22, 1933 (48 Stat., 16), as amended, and the “<quotedText>Liquor Taxing Act of 1934,</quotedText>” approved January 11, 1934, including the employment of executive officers, attorneys, inspectors, chemists, assistant chemists, supervisors, storekeeper-gaugers, clerks, messengers, and other necessary employees in the field and in the Bureau of industrial Alcohol in the District <sidenote>Securing evidence.Chemical analyses.</sidenote>of Columbia, to be appointed as authorized by law; the securing of evidence of violations of the Acts; the cost of chemical analyses made by others than employees of the United States and expenses incident to such chemists testifying when necessary; the purchase of such supplies, equipment, mechanical devices, laboratory supplies, books, and such other expenditures as may be necessary in the <sidenote>Vehicles.</sidenote>several field offices; cost of acquisition and maintenance of automobiles delivered to the Secretary of the Treasury for use in administration of the law under his jurisdiction; hire, maintenance, repair, and operation of motor-propelled or horse-drawn passenger-carrying vehicles when necessary, for official use in field work; and for rental <sidenote>Services in the District.</sidenote>of necessary quarters; in all, $4 086,974, of which amount not to exceed $280,119 may be expended for personal services in the<sidenote>Proviso.Distilled spirits may be removed to warehouse for bottling in bond.</sidenote>District of Columbia: <proviso>Provided, That for purpose of concentration, upon the initiation of the Commissioner of Industrial Alcohol and under regulations prescribed by him, distilled spirits may be removed from any internal-revenue bonded warehouse to any other such warehouse, and may be bottled in bond in any such warehouse before or after payment of the tax, and the commissioner shall prescribe the form and penal sum of bond covering distilled spirits in internal-revenue bonded warehouses and in transit between such warehouses</proviso>.</content> </appropriations> <page identifier="/us/stat/48/431">431</page> <appropriations level="small"> <heading>bureau of narcotics</heading> <sidenote>Narcotics Bureau.</sidenote> <content>Salaries and expenses: For expenses to enforce the Act of December <sidenote>Salaries and expenses.Vol. 38, p. 785; Vol. 40, p. 1130; Vol. 35, p. 614; Vol. 42, p. 596.U.S.C., pp. 635, 742, 785.Vol. 44, p. 1381; Vol. 46, p. 585.U.S.C., Supp. VII, p. 28.Executive officers, personnel, etc.</sidenote>17, 1914 (U.S.C., title 26, sec. 211), as amended by the Revenue Act of 1918 (U.S.C., title 26, secs. 691–708), the Act approved February 9, 1909, as amended by the Act of May 26, 1922 (U.S.C., title 21, secs. 171–184), known as the Narcotic Drugs Import and Export Act, pursuant to the Act of March 3, 1927 (U.S.C., Supp. VI, title 5, secs. 281–281e), and the Act of June 14, 1930 (U.S.C., Supp. VI, title 5, secs. 282–282c), including the employment of executive officers, attorneys, agents, inspectors, chemists, supervisors, clerks, messengers, and other necessary employees in the field and in the Bureau of Narcotics in the District of Columbia, to be appointed as authorized by law; the securing of evidence of violations <sidenote>Securing evidence of law violations.Chemical analyses.</sidenote>of the Acts; the costs of chemical analyses made by others than employees of the United States; the purchase of such supplies, equipment, mechanical devices, books, and such other expenditures as may be necessary in the several field offices; cost incurred by officers and employees of the Bureau of Narcotics in the seizure, <sidenote>Seizures, etc.</sidenote>storage, and disposition of property under the internal revenue laws when the same is disposed of under section 3460, Revised <sidenote>R.S., sec. 3460, p. 685.U.S.C., p. 846.</sidenote>Statutes (U.S.C., title 26, sec. 1193); hire, maintenance, repair, and operation of motor-propelled or horse-drawn passenger-carrying vehicles when necessary for official use in field work; and for rental of necessary quarters; in all, $1,244,899, of which amount not to exceed $183,942 may be expended for personal services in the District of Columbia: <proviso>Provided, That the Secretary of the Treasury <sidenote>Provisos.Use of forfeited vehicles.Vol. 43, p. 1116.U.S.C., p. 858.</sidenote>may authorize the use by narcotic agents of motor vehicles confiscated under the provisions of the Act of March 3, 1925 (U.S.C., title 27, sec. 43), as amended, and to pay the cost of acquisition, maintenance, repair, and operation thereof</proviso>: <proviso>Provided further, That <sidenote>Law observance information.</sidenote>not exceeding $10,000 may be expended for the collection and dissemination of information and appeal for law observance and law enforcement, including cost of printing, purchase of newspapers, and other necessary expenses m connection therewith and not exceeding $1,500 for attendance at meetings concerned with the <sidenote>Attendance at meetings.Credits for sums expended.</sidenote>work of the Bureau of Narcotics</proviso>: <proviso>Provided further, That moneys expended from this appropriation for the purchase of narcotics and subsequently recovered shall be deposited in the Treasury to the credit of the appropriation for enforcement of the narcotic Acts current at the time of the deposit</proviso>.</content> </appropriations> <appropriations level="small"> <heading>coast guard</heading> <sidenote>Coast Guard.</sidenote> <content>Office of the commandant: For personal services in the District <sidenote>Office personnel.</sidenote>of Columbia, $300,000. The services of skilled draftsmen and such other technical services <sidenote>Technical services.</sidenote>as the Secretary of the Treasury may deem necessary may be employed only in the office of the Coast Guard in connection with the construction and repair of Coast Guard vessels and boats, to be paid from the appropriation “ Repairs to Coast Guard vessels ”: <proviso>Provided, That the expenditures on this account for the fiscal year <sidenote>Proviso.Limitation.Report to Congress.</sidenote>1935 shall not exceed $10,890. A statement of the persons employed hereunder, their duties, and the compensation paid to each shall be made to Congress each year in the Budget</proviso>. For every expenditure requisite for and incident to the authorized <sidenote>Service expenditures.</sidenote>work of the Coast Guard, including the expense of maintenance, repair, and operation of vessels forfeited to the United States and delivered to the Treasury Department under the terms of the Act <sidenote>Vol. 43, p. 1116.U.S.C., p. 858.</sidenote>approved March 3, 1925 (U.S.C., title 27, sec. 41), and the mainte-<page identifier="/us/stat/48/432">432</page>nance, repair, and operation of two motor-propelled passenger-carrying vehicles, to be used only for official purposes in the field, as follows:<sidenote>Pay, etc., officers and enlisted men.</sidenote> For pay and allowances prescribed by law for commissioned officers, cadets, warrant officers, petty officers, and other enlisted men, active and retired, temporary cooks, surfmen, substitute surfmen, <sidenote>Cash prizes.</sidenote>and two civilian instructors, and not exceeding $6,000 for cash prizes for men for excellence in gunnery, target practice, and engineering <sidenote>Death allowance.Vol. 41, p. 824.U.S.C., p. 1143.</sidenote>competitions, for carrying out the provisions of the Act of June 4, 1920 (U.S.C., title 34, sec. 943), rations or commutation thereof for cadets, petty officers, and other enlisted men, mileage and expenses allowed by law for officers; and traveling expenses for <sidenote>Traveling expenses.</sidenote>other persons traveling on duty under orders from the Treasury Department, including transportation of enlisted men and applicants for enlistment, with subsistence and transfers en route, or cash in lieu thereof, expenses of recruiting for the Coast Guard, rent of rendezvous, and expenses of maintaining the same; advertising for and obtaining men and apprentice seamen; transportation and packing allowances for baggage or household effects of commissioned officers, warrant officers, and enlisted men, $14,224,608;<sidenote>Fuel, water, etc.</sidenote> For fuel, lubricating oil, kerosene, and water for vessels, stations, and houses of refuge, $1,134,600;<sidenote>Outfits, stores, etc.</sidenote> For outfits, including repairs to portable equipment at shore units, ship chandlery, engineers’ stores, and draft animals and their maintenance, $1,074,057;<sidenote>Stations, houses of refuge, etc.</sidenote> For rebuilding and repairing stations and houses of refuge, temporary leases, rent, and improvements of property for Coast Guard purposes, including use of additional land where necessary, $145,530;<sidenote>Coastal communication.</sidenote> For coastal communication lines and facilities and their maintenance, and communication service, $109,574;<sidenote>Civilian field employees.</sidenote> For compensation of civilian employees in the field, including clerks to district commanders, $88,942;<sidenote>Contingent expenses.Custody of prisoners.</sidenote> For contingent expenses, including subsistence of shipwrecked and destitute persons succored by the Coast Guard and of prisoners while in the custody of the Coast Guard; for the recreation, amusement, comfort, contentment, and health of the enlisted men of the Coast Guard, to be expended in the discretion of the Secretary of the Treasury, not exceeding $40,000; instruments and apparatus, supplies, technical books and periodicals, services necessary to the carrying on of scientific investigation, and not exceeding $4,000 for experimental and research work; care, transportation, and burial of deceased officers and enlisted men, including those who die in Government hospitals; wharfage, towage, freight, storage, advertising, surveys, medals, labor, newspapers, and periodicals for statistical purposes, and all other necessary expenses which are not included under any other headings, $173,795;<sidenote>Vessel, etc., repairs.Life Saving Service.Retired pay for former members of.Vol. 46, p. 164.</sidenote> For repairs to Coast Guard vessels and boats, $1,000,000; For retired pay for certain members of the former Life-Saving Service authorized by the Act entitled “<shortTitle role="act">An Act providing for retired pay for certain members of the former Life-Saving Service, equivalent to compensation granted to members of the Coast Guard</shortTitle>”, <sidenote>U.S.C. Supp. VII, p. 248.</sidenote>approved April 14, 1930 (U.S.C., Supp. VI, title 14, sec. 178a), $95,294; Total, Coast Guard, exclusive of commandant’s office, $18,046,400. </content> </appropriations> <appropriations level="small"> <heading>bureau of engraving and printing</heading> <sidenote>Engraving and Printing Bureau.Work authorized for fiscal year, 1935.</sidenote> <content>For the work of engraving and printing, exclusive of repay work, during the fiscal year 1935, of not exceeding 51,000,000 delivered sheets of United States currency and national-bank currency, <page identifier="/us/stat/48/433">433</page>97,175,283 delivered sheets of internal-revenue stamps including opium orders and special-tax stamps required under the Act of December <sidenote>Vol. 38, p. 786.U.S.C., p. 742, 786.</sidenote>17, 1914 (U.S.C., title 26, sec. 211), 509,723 delivered sheets of withdrawal permits, and 10,438,121 delivered sheets of checks, drafts, and miscellaneous work, as follows: For the director, two assistant directors, and other personal services <sidenote>Director, assistants and office personnel.Wages.</sidenote>in the District of Columbia, including wages of rotary press wages plate printers at per diem rates and all other plate printers at piece rates to be fixed by the Secretary of the Treasury, not to exceed the rates usually paid for such work; for engravers’ and printers’ materials <sidenote>Materials, etc.</sidenote>and other materials, including distinctive and nondistinctive paper, except distinctive paper for United States currency, national-bank currency and Federal Reserve bank currency; equipment of, repairs to, and maintenance of buildings and grounds and for minor alterations to buildings; directories, technical books and periodicals, <sidenote>Books of reference, etc.</sidenote>and books of reference, not exceeding $300; rent of warehouse in the District of Columbia; traveling expenses not to exceed $2,000; equipment, maintenance, and supplies for the emergency room for <sidenote>Emergency room.</sidenote>the use of all employees in the bureau of Engraving and Printing who may be taken suddenly ill or receive injury while on duty; miscellaneous expenses, including not to exceed $1,500 for articles <sidenote>Miscellaneous expenses.</sidenote>approved by the Secretary of the Treasury as being necessary for the protection of the person of employees; for transfer to the Bureau <sidenote>Scientific investigations.</sidenote>of Standards for scientific investigations in connection with the work of the Bureau of Engraving and Printing, not to exceed $15,000; and for the maintenance and driving of two motor-propelled <sidenote>Vehicles.</sidenote>passenger-carrying vehicles; $4,568,060, to be expended under the direction of the Secretary of the Treasury. During the fiscal year 1935 all proceeds derived from work performed <sidenote>Proceeds of work to be credited to Bureau.</sidenote>by the Bureau of Engraving and Printing, by direction of the Secretary of the Treasury, not covered and embraced in the appropriation for such Bureau for such fiscal year, instead of being covered into the Treasury as miscellaneous receipts, as provided by the Act of August 4, 1886 (U.S.C., title 31, sec. 176), shall be <sidenote>Vol. 24, p. 227.U.S.C., p. 986.</sidenote>credited when received to the appropriation for said Bureau for the fiscal year 1935. </content> </appropriations> <appropriations level="small"> <heading>secret service division</heading><sidenote>Secret Service Division.</sidenote> <content>Salaries: For the chief of the division and other personal services <sidenote>Chief, and office personnel.</sidenote>in the District of Columbia, $34,146. Suppressing counterfeiting and other crimes: For expenses <sidenote>Suppressing counterfeiting, etc.</sidenote>incurred under the authority or with the approval of the Secretary of the Treasury in detecting, arresting, and delivering into the custody of the United States marshal having jurisdiction dealers and pretended dealers in counterfeit money and persons engaged in counterfeiting, forging, and altering United States notes, bonds, national-bank notes. Federal Reserve notes, Federal Reserve bank notes, and other obligations and securities of the United States and of foreign governments, as well as the coins of the United States and of foreign governments, and other crimes against the laws of the United States relating to the Treasury Department and the several branches of the public service under its control; hire, maintenance, repair, and operation of motor-propelled passenger-carrying vehicles when necessary; purchase of arms and ammunition; traveling expenses; and for no other purpose whatsoever, except in the performance of other duties specifically authorized by law, and in the protection of the person of the President and the members of <sidenote>Protecting the President, etc.</sidenote>his immediate family and of the person chosen to be President of <page identifier="/us/stat/48/434">434</page><sidenote>Provisos.Witness’ fees.</sidenote>the United States, $554,294: <proviso>Provided, That no part of this amount shall be used in defraying the expenses of any person subpenaed by the United States courts to attend any trial before a United States court or preliminary examination before any United States commissioner, which expenses shall be paid from the appropriation for “Fees of witnesses, United States courts”</proviso>: <proviso>Provided further, <sidenote>Violations of laws relating to the Treasury Department, etc.</sidenote>That of the amount herein appropriated, not to exceed $10,000 may be expended in the discretion of the Secretary of the Treasury for the purpose of securing information concerning violations of the laws relating to the Treasury Department, and for services or information looking toward the apprehension of criminals</proviso>.<sidenote>White House police, salaries.</sidenote> White House police: Captain, lieutenant, three sergeants, and for forty-three privates, at rates of pay provided by law; in all, $103,950.<sidenote>Uniforms and equipment.</sidenote> For uniforming and equipping the White House police, including the purchase, issue, and repair of revolvers and the purchase and issue of ammunition and miscellaneous supplies, to be procured in such manner as the President in his discretion may determine, $3,000. </content> </appropriations> <appropriations level="small"> <heading>public health service</heading> <sidenote>Public Health Service.Office personnel.</sidenote> <content>Salaries, office of Surgeon General: For personal services in the District of Columbia, $274,113.<sidenote>Pay allowance, etc., Surgeon General, officers, etc.</sidenote> For pay, allowance, and commutation of quarters for regular commissioned medical officers, including the Surgeon General and assistant surgeons general and for other regular commissioned officers, $1,397,606.<sidenote>Acting assistant surgeons.</sidenote> For pay of acting assistant surgeons (noncommissioned medical officers), $270,000.<sidenote>Other employees.</sidenote> For pay of all other employees (attendants, and so forth), $877,500.<sidenote>Freight, transportation, etc.</sidenote> For freight, transportation, and traveling expenses, including allowances for living quarters, including heat, fuel, and light, as <sidenote>Vol. 46, p. 818.U.S.C., Supp. VII. p. 20.</sidenote>authorized by the Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a), not to exceed $2,160 but not to exceed $720 for any one person; the expenses, except membership fees, of officers when officially detailed to attend meetings of associations for the promotion of public health, and the packing, crating, drayage, and transportation of the personal effects of commissioned officers, scientific personnel, pharmacists, and nurses of the Public Health Service, <sidenote>Proviso.Transporting remains of officers.</sidenote>upon permanent change of station, $25,160: <proviso>Provided, That funds expendable for transportation and traveling expenses may also be used for preparation for shipment and transportation to their former homes of remains of officers who die in line of duty</proviso>.<sidenote>National Institute of Health.Books.Medical examinations, etc.Vol. 39, p. 885; U.S.C., p. 137.</sidenote> For maintaining the National Institute of Health, $50,000. For journals and scientific books, office of Surgeon General, $450. For medical examinations, including the amount necessary for the medical inspection of aliens, as required by section 16 of the Act of February 5, 1917 (U.S.C., title 8, sec. 152), medical, surgical, and hospital services and supplies, including prosthetic and orthopedic supplies to be furnished under regulations approved by the Secretary of the Treasury, for beneficiaries (other than patients of the Veterans’ Administration) of the Public Health Service and persons detained in hospitals of the Public Health Service under the immigration laws and regulations, including necessary personnel and reserve commissioned officers of the Public Health <sidenote>Services in the District, etc.General expenses.</sidenote>Service, personal services in the District of Columbia and elsewhere, including the furnishing and laundering of white duck coats, trousers, smocks, aprons, and caps to employees whose duties make <page identifier="/us/stat/48/435">435</page>necessary the wearing of same, maintenance, minor repairs, equipment, leases, fuel, lights, water, freight, transportation and travel, the maintenance, exchange, and operation of motor trucks and passenger motor vehicles for official use in field work (including not to exceed $3,000 for the purchase of motor-propelled passenger-carrying vehicles) and one for use in connection with the administrative work of the Public 1<footnote><num value="1">1 </num>So in original.</footnote> Health Service in the District of Columbia, purchase of ambulances, transportation, care, maintenance, and <sidenote>Lepers, transportation, care, etc.</sidenote>treatment of lepers, including transportation to their homes in the continental United States of recovered indigent leper patients, court costs, and other expenses incident to proceedings heretofore <sidenote>Insane, etc.</sidenote>or hereafter taken for commitment of mentally incompetent persons to hospitals for the care and treatment of the insane, and reasonable burial expenses (not exceeding $100 for any patient dying in hospital), $4,915,000: <proviso>Provided, That the Immigration Service shall <sidenote>Provisos.Use of Ellis Island hospitals.</sidenote>permit the Public Health Service to use the hospitals at Ellis Island hospitals Immigration Station for the care of Public Health Service patients free of expense for physical upkeep, but with a charge of actual cost of fuel, light, water, telephone, and similar supplies and services, to be covered into the proper Immigration Service appropriations; and money collected by the Immigration Service on account of hospital <sidenote>Receipts to be covered into Treasury.</sidenote>expenses of persons detained in hospitals of the Public Health Service under the immigration laws and regulations shall be covered into the Treasury as miscellaneous receipts</proviso>: <proviso>Provided further, That <sidenote>Uses forbidden.</sidenote>no part of this sum shall be used for the quarantine service, the prevention of epidemics, or scientific work of the character provided for under the appropriations which follow</proviso>. All sums received by the Public Health Service during the fiscal <sidenote>Disposal of receipts.</sidenote>year 1935, except allotments and reimbursements on account of patients of the Veterans’ Administration, allotments and reimbursements on account of medical and other services to the Federal penal and correctional institutions of the Department of Justice, under the <sidenote>Vol. 46, p. 273, U.S.C, Supp. VII, p. 358.Vol. 45, pp. 1087, 1088.U.S.C., Supp. VII, p. 468.</sidenote>provisions of the Act approved May 13, 1930 (U.S.C., Supp. VI, title 18, secs. 751, 752), and amounts received under the provisions of sections 9 and 12 of the Act approved January 19, 1929 (U.S.C., Supp. VI, title 21, secs. 229, 232), shall be covered into the Treasury as miscellaneous receipts. Quarantine service: For maintenance and ordinary expenses, <sidenote>Quarantine service.</sidenote>exclusive of pay of officers and employees, of United States quarantine stations, including the exchange, maintenance, repair, and operation of motor-propelled passenger-carrying vehicles for official use in field work and not to exceed $3,500 for the purchase of motor-propelled passenger-carrying vehicles, $322,150. Prevention of epidemics: To enable the President, in case only of <sidenote>Prevention of epidemics.</sidenote>threatened or actual epidemic of infectious or contagious disease, to aid State and local boards or otherwise in his discretion, in preventing and suppressing the spread of the same, and in such emergency in the execution of any quarantine laws which may be then in force, $199,718, including the purchase of newspapers and clippings from newspapers containing information relating to the prevalence of disease and the public health. Field investigations: For investigations of diseases of man and <sidenote>Field investigations.</sidenote>conditions influencing the propagation and spread thereof, including sanitation and sewage, and the pollution of navigable streams and lakes of the United States, inducting personal service, and including the maintenance, repair, and operation of motor-propelled passenger-carrying vehicles for official use in field work, and not to exceed <page identifier="/us/stat/48/436">436</page>$2,250 for the purchase and exchange of motor-propelled passenger-carrying vehicles, $209,313.<sidenote>Interstate quarantine service.</sidenote> Interstate quarantine service: For cooperation with State and municipal health authorities in the prevention of the spread of contagious and infectious diseases in interstate traffic, $35,495.<sidenote>Rural sanitation.</sidenote> Rural sanitation: For special studies of, and demonstration work in, rural sanitation, including personal services, and including the maintenance, repair, and operation of motor-propelled passenger-carrying <sidenote>Proviso.Local contribution required.</sidenote>vehicles for official use in field work, $25,032: <proviso>Provided, That no part of this appropriation shall be available for demonstration work in rural sanitation in any community unless the State, county, or municipality in which the community is located agrees to pay one half of the expenses of such demonstration work</proviso>.<sidenote>Biologic products.Regulating sale of viruses, etc.</sidenote> Biologic products: To regulate the propagation and sale of viruses, serums, toxins, and analogous products, including arsphenamine, and for the preparation of curative and diagnostic biologic products, including personal services of reserve commissioned officers and other personnel, $39,524.<sidenote>Venereal Diseases Division.Maintenance, etc.Vol. 40, p. 886.U.S.C., p. 1315.</sidenote> For the maintenance and expenses of the Division of Venereal Diseases, established by sections 3 and 4, chapter XV, of the Act approved July 9, 1918 (U.S.C., title 42, secs. 24, 25), including personal and other services in the field and in the District of Columbia, <sidenote>Services in the District.</sidenote>$58,808, of which amount not to exceed $17,478 may be expended for personal services in the District of Columbia.<sidenote>Mental Hygiene Division.Vol. 46, pp. 587, 819.U.S.C., Supp. VII, p. 467.Narcotic Farm, Lexington, Ky.Vol. 45, p. 1085; U.S.C., Supp. VII, p. 467.</sidenote> Division of Mental Hygiene: For carrying out the provisions of section 4 of the Act of June 14, 1930 (U.S.C., Supp. VI, title 21, secs. 196 and 225); for maintenance and operation of the Narcotic Farm, Lexington, Kentucky, in accordance with the provisions of the Act of January 19, 1929 (U.S.C., Supp. VI, title 21, secs. 221–237), including personal services in the District of Columbia and elsewhere; traveling expenses; necessary supplies and equipment; subsistence and care of inmates; expenses incurred in pursuing and identifying escaped inmates and of interment or transporting remains of deceased inmates; purchase and exchange of farm products and livestock; law books, books of reference, newspapers and periodicals; furnishing and laundering of uniforms and other distinctive wearing apparel necessary for employees in the performance of their official duties; tobacco for inmates; purchase and exchange, not to exceed $7,700, and maintenance, operation, and repair or motor-propelled passenger-carrying vehicles; $455,000.<sidenote>Educational exhibits; preventing spread of diseases.</sidenote> Educational exhibits: For the preparation of public-health exhibits designed to demonstrate the cause, prevalence, methods of spread, and measures for preventing diseases dangerous to the public health, including personal services and the cost of acquiring, transporting, and displaying exhibit material, $1,000. </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of the Mint</heading><sidenote>Bureau of the Mint.</sidenote> <appropriations level="small"> <heading>office of director of the mint</heading> <sidenote>Director, and office personnel.</sidenote> <content>Salaries: For the Director of the Mint and other personal services in the District of Columbia, $33,156.<sidenote>Transporting bullion and coin.</sidenote> For transportation of bullion and coin, by registered mail or otherwise. between mints and assay offices, $6,000.<sidenote>Contingent expenses.</sidenote> For contingent expenses of the Bureau of the Mint, to be expended under the direction of the Director: For assay laboratory chemicals, fuel, materials, balances, weights, and other necessaries, including books, periodicals, specimens of coins, ores, and incidentals, $600. <page identifier="/us/stat/48/437">437</page> For examination of mints, expense in visiting mints for the purpose <sidenote>Examinations, etc.</sidenote>of superintending the annual settlements, and for special examinations and for the collection of statistics relative to the annual production and consumption of the precious metals, in the United States, $4,700.</content> </appropriations> <appropriations level="small"> <heading>mints and assay offices</heading><sidenote>Mints and assay offices.Employees and expenses.</sidenote> <content>For compensation of officers and employees of the mints at Philadelphia, Pennsylvania, San Francisco, California, Denver, Colorado, and New Orleans, Louisiana, and assay offices at New York, New York, and Seattle, Washington, and for incidental and contingent expenses, including traveling expenses, new machinery, and repairs, cases and enameling for medals manufactured, net wastage in melting and refining and in coining departments, loss on sale of sweeps arising from the treatment of bullion and the manufacture of coins, not to exceed $500 for the expenses of the annual assay commission, and not exceeding $1,000 in value of specimen coins and ores for the cabinet of the mint at Philadelphia, $1,064,103.</content> </appropriations> <appropriations level="small"> <heading>procurement division—supply branch</heading><sidenote>Procurement Division; Supply Branch.Director, office and field personnel.Executive Order No. 6166.</sidenote> <content>Salaries and expenses: For the Director of Procurement and other personal services in the District of Columbia and in the field service, and for miscellaneous expenses, including two two-ton trucks, office supplies and materials, maintenance of motor trucks, telegrams, telephone service, traveling expenses, office equipment, inspection, fuel, light, electric current, and other expenses for carrying into effect regulations governing the procurement, warehousing, and distribution by the Procurement Division of the Treasury Department of property, equipment, stores, and supplies in the District of Columbia (including not to exceed $500 to settle claims for damages caused to private property by motor vehicles used by the Procurement Division), $225,792: <proviso>Provided, That the Secretary of the Treasury is <sidenote>Provisos.Transfer of available funds to Branch of Supply authorized.</sidenote>authorized and directed during the fiscal year 1935 to transfer to this funds appropriation from any appropriations or funds available to the several departments and establishments of the Government such amounts as may be approved by the Director of the Bureau of the Budget, not to exceed the amount of the annual compensation of employees heretofore or hereafter transferred or detailed to the Procurement Division, Branch of Supply, respectively, from any such department or establishment, where the transfer or detail of such employees was or will be incident to a transfer of a function or functions to that Division</proviso>: <proviso>Provided further, That the permanent <sidenote>Permanent capital of general supply fund increased.Vol. 45, p. 1342.U.S.C., p. 907.Funds for fuel yard operations added.</sidenote>capital of the general supply fund established by the Act approved February 27, 1929 (U.S.C., Supp. VI, title 41, sec. 7c), is hereby increased by the value of fuel on the books of the Government fuel yards on June 30, 1934, plus the unexpended balances adjusted as of that date of appropriations heretofore made for the Government fuel yards, and during the fiscal year 1935 the general supply <sidenote>Designated expenditures chargeable to fund.</sidenote>fund shall be charged with expenditures for the purchase and fund transportation of fuel, storing and handling of fuel, maintenance and operation of yards and equipment, including two motor-propelled passenger-carrying vehicles for inspectors, purchase of equipment, rentals, and all other expenses requisite for and incident to the operation of the Government fuel yards, including personal services in the District of Columbia, and for the payment of outstanding obligations for such purposes previously incurred</proviso>: <proviso>Provided <sidenote>Provisos.Payments for materials, etc., issued.</sidenote>further, That payments during the fiscal year 1935 to the general supply fund for materials, supplies (including fuel), and <page identifier="/us/stat/48/438">438</page>services, and overhead expenses, for all issues shall be made on the books of the Treasury Department by transfer and counter-warrants prepared by the Procurement Division of the Treasury Department and countersigned by the Comptroller General, such warrants to be based solely on itemized invoices prepared by the Procurement <sidenote>Prices.</sidenote>Division at issue prices to be fixed by the Director of Procurement</proviso>: <sidenote>Interdepartmental advances credited to fund.U.S.C., Supp. VII, p. 769.</sidenote><proviso>Provided further, That advances received pursuant to law (U.S.C., Supp. VI, title 31, sec. 686) from departments and establishments of the United States Government and the Government of the District of Columbia during the fiscal year 1935 shall be credited to the <sidenote>“Fuel” and “fuel oil.”Fuel inspection, etc., requirements not to apply.R.S., secs. 3711, 3713, pp. 733, 734. U.S.C., p. 1296.</sidenote>general supply fund</proviso>: <proviso>Provided further, That the term “fuel” shall be held to include “ fuel oil ”</proviso>: <proviso>And provided further, That requirements of sections 3711 and 3713 of the Revised Statutes (U.S.C., title 40, sec. 109) relative to the weighing of coal and wood and the separate certificate as to the weight, measurement, or quantity of coal and wood purchased shall not apply to purchases by the Procurement Division at free-on-board destination outside of the District of Columbia</proviso>.<sidenote>Typewriter repairs.</sidenote> Repairs to typewriting machines (except bookkeeping and billing machines) in the Government service in the District of Columbia may be made at cost by the Procurement Division, payment therefor to be effected by charging the proper appropriation and crediting the appropriation “ Salaries and expenses, Procurement Division.”<sidenote>Standard typewriting machines, etc.</sidenote> No part of any money appropriated by this or any other Act shall be used during the fiscal year 1935 for the purchase of any standard typewriting machines, except bookkeeping and billing <sidenote>Prices established for 1935.</sidenote>machines, at a price in excess of the following for models with carriages which will accommodate paper of the following widths, to wit: Ten inches (correspondence models), $70; twelve inches, $75; fourteen inches, $77.50; sixteen inches, $82.50; eighteen inches, $87.50; twenty inches, $94; twenty-two inches, $95; twenty-four inches, $97.50; twenty-six inches, $103.50; twenty-eight inches, $104; thirty inches, $105; thirty-two inches, $107.50; or, for standard <sidenote>Quiet machines.</sidenote>typewriting machines distinctively quiet in operation, the maximum prices shall be as follows for models with carriages which will accommodate paper of the following widths, to wit: Ten inches, $80; twelve inches, $85; fourteen inches, $90; eighteen inches, $95: <sidenote>Proviso.Purchase order.</sidenote><proviso>Provided, That standard typewriting machines distinctively quiet in operation purchased during such fiscal year by any such department, establishment, or municipal government shall only be purchased on the written order of the head thereof</proviso>. </content> </appropriations> <appropriations level="small"> <heading>procurement division―public works branch public buildings, construction and rent</heading> <sidenote>Public works branch.Construction, etc., of projects authorized.Vol. 44, pp. 632, 633; Vol. 45, p. 137; Vol. 46, p. 1164.U.S.C. Supp. VII, pp. 897–898, 899.</sidenote> <content>For commencement, continuation, or completion of construction in connection with any or all projects authorized under the provisions of sections 3 and 5 of the Public Buildings Act, approved May 25, 1926 (U.S.C., Supp. VI, title 40, secs. 343–345), and the Acts amendatory thereof approved February 24, 1928 (U.S.C., Supp. VI, title 40, sec. 345) and March 31, 1930 (U.S.C., Supp. VI, title 40, secs. 341–349), within the respective limits of cost fixed for such <sidenote>Proviso.Coast Guard, etc., buildings.Vol. 46, p. 1605.</sidenote>projects, $13,000,000: <proviso>Provided, That no part of this appropriation shall be used for work on the building for the Coast Guard or some other Government activity (Apex Building), authorized by the Act of March 4, 1931 (46 Stat., p. 1605)</proviso>.<sidenote>Lexington, Ky., narcotic farm.National Institute of Health Building.</sidenote> Lexington, Kentucky, Narcotic Farm: For completion, $614,615. National institute of National Institute of Health Building, Washington, District Columbia: For completion, $50,000. <page identifier="/us/stat/48/439">439</page> Washington, District of Columbia, Post Office Building: For <sidenote>Washington, D.C., post office.</sidenote>completion of extension, $400,000. </content> </appropriations> <appropriations level="small"> <heading>public buildings, repairs, equipment, and general expenses</heading> <content>Repairs and preservation: For repairs and preservation of all <sidenote>Repairs, preservation, etc., of completed and occupied buildings.</sidenote>completed and occupied public buildings and the grounds thereof under the control of the Treasury Department, and for wire partitions and fly screens therefor; Government wharves and piers under the control of the Treasury Department, together with the necessary dredging adjacent thereto; care of vacant sites under the control of the Treasury Department, such as necessary fences, filling dangerous holes, cutting grass and weeds, but not for any permanent improvements thereon; repairs and preservation of buildings not reserved by vendors on sites under the control of the Treasury Department acquired for public buildings or the enlargement of public buildings, the expenditures on this account for the current fiscal year not to exceed 15 per centum of the annual rental of such buildings: <proviso>Provided, That of the sum herein appropriated not exceeding <sidenote>Provisos.Marine hospitals, quarantine stations, etc.Treasury buildings, D.C.</sidenote>$100,000 may be used for the repair and preservation of marine hospitals, the national leprosarium, and quarantine stations (including Marcus Hook) and completed and occupied outbuildings (including wire partitions and fly screens for same) , and not exceeding $24,000 for the Treasury, Treasury Annex, Liberty Loan, and Auditors’ Buildings in the District of Columbia</proviso>: <proviso>Provided further, <sidenote>Personal services restriction.</sidenote>That this sum shall not be available for the payment of personal services except for work done by contract or for temporary job labor under exigency not exceeding at one time the sum of $100 at any one building, $650,000</proviso>. Mechanical equipment: For installation and repair of mechanical <sidenote>Mechanical equipment.</sidenote>equipment in all completed and occupied public buildings under the control of the Treasury Department, including heating, hoisting, plumbing, gas piping, ventilating, vacuum cleaning, and refrigerating apparatus, electric-light plants, meters, interior pneumatic tube and intercommunicating telephone systems, conduit, wiring, call bell and signal systems, platform scales, and for maintenance and repair of tower clocks; for installation and repair of mechanical equipment, for any of the foregoing items, in buildings not reserved by vendors on sites under the control of the Treasury Department acquired for public buildings or the enlargements of public buildings, the total expenditures on this account for the current fiscal year not to exceed 10 per centum of the annual rentals of such buildings: <proviso>Provided, <sidenote>Provisos.Marine hospitals, quarantine stations, etc.</sidenote>That of the sum herein appropriated, not exceeding $90,000 may be used for the installation and repair of mechanical equipment in marine hospitals, the national leprosarium, and quarantine stations (including Marcus Hook), and not exceeding $25,000 for the Treasury, <sidenote>Treasury buildings, D.C.</sidenote>Treasury Annex, Liberty Loan, and Auditors’ Buildings in the District of Columbia, but not including the generating plant and its maintenance in the Auditors’ Building, and not exceeding $10,000 for changes in, maintenance of, and repairs to the pneumatic-tube <sidenote>Pneumatic tube service, New York.</sidenote>systems in New York City installed under franchise of the city of New York approved June 29, 1909, and June 11, 1928, and the payment of any obligations arising thereunder, in accordance with the authority of the Acts approved August 5, 1909 (36 Stat., p. 120), <sidenote>Vol. 36, p. 120; Vol. 45, p. 533.</sidenote>and May 15, 1928 (45 Stat., p. 533), authorizing the Secretary of the Treasury to enter into contracts with the city of New York to abide <sidenote>Contracts.</sidenote>by the terms, conditions, and requirements of said franchises</proviso>: <proviso>Provided <sidenote>Personal service restriction.</sidenote>further, That this sum shall not be available for the payment of personal services except for work done by contract, or for tempo-<page identifier="/us/stat/48/440">440</page>rary job labor under exigency not exceeding at one time the sum of $100 at any one building, $500,000</proviso>.<sidenote>Vaults, safes.</sidenote> Vaults and safes: For vaults and lock-box equipments and repairs thereto in all completed and occupied public buildings under the control of the Treasury Department, and for the necessary safe equipments and repairs thereto in all public buildings under the administration of the Treasury Department, whether completed and occupied or in course of construction, exclusive of personal services, except for work done by contract or for temporary job labor under exigency not exceeding at one time the sum of $50 at any one building, $50,000.<sidenote>General expenses.Vol. 35, p. 537.U.S.C., p. 1020.Technical services.</sidenote> General expenses: To enable the Secretary of the Treasury to execute and give effect to the provisions of section 6 of the Act of May 30, 1908 (U.S.C., title 31, sec. 683) : For salaries of architectural, engineering, and technical personnel and inspectors in the District of Columbia and elsewhere, not otherwise provided for, not <sidenote>Superintendence.</sidenote>exceeding $314,686; expenses of superintendence, including expenses of all inspectors and other officers and employees, on duty or detailed in connection with work on public buildings and the furnishing and equipment thereof, and the work of the Procurement Division, Public Works Branch, under orders from the Treasury Department; <sidenote>Transporting effects, etc.</sidenote>for the transportation of household goods, incident to change of headquarters of district engineers, construction engineers, inspection engineers, and inspectors, not in excess of five thousand pounds at any one time, together with the necessary expense incident to packing and draying the same, not to exceed in any one year a total expenditure <sidenote>Office expenses, field supplies, etc.</sidenote>of $10,000 ; office rent and expenses of field force, including temporary, stenographic, and other assistance, in the preparation of reports and the care of public property, and so forth, advertising, office supplies, including drafting materials, especially prepared paper, typewriting machines, adding machines, and other mechanical labor-saving devices, and exchange of same; furniture, carpets, electric-light fixtures, and office equipment; telegraph and telephone service; freight, expressage, and postage incident to shipments of drawings, furniture, and supplies for the field forces, testing instruments, and so forth, including articles and supplies not usually payable <sidenote>Provisos.Transporting operating supplies, excluded.</sidenote>from other appropriations : <proviso>Provided, That no expenditures shall be made hereunder for transportation of operating supplies for public buildings; not to exceed $1,000 for books of reference, law books, technical periodicals and journals; ground rent at Salamanca, <sidenote>Other contingencies.</sidenote>New York, for which payment may be made in advance; contingencies of every kind and description, traveling expenses of site agents, and of employees directed by the Secretary of the Treasury to attend meetings of technical and professional societies in connection with the work of the Procurement Division, Public Works Branch, recording deeds and other evidences of title, photographic instruments, chemicals, plates, and photographic materials, and such other articles and supplies and such minor and incidental expenses not enumerated, connected solely with work on public buildings, the acquisition of sites, and the administrative work connected with the annual appropriations under the Procurement Division, Public Works Branch, as the Secretary of the Treasury may deem necessary <sidenote>Objects not included.</sidenote>and specially order or approve, but not including heat, light, janitor service, awnings, curtains, or any expenses for the general maintenance of the Treasury Building, or surveys, plaster models, progress photographs, test-pit borings, or mill and shop inspections, $365,035, of which amount not to exceed $252,472 may be expended for personal services in the District of Columbia</proviso>. <page identifier="/us/stat/48/441">441</page> Outside professional services: To enable the Secretary of the <sidenote>Outside professional services.Vol. 44, p. 631; Vol. 46, p. 137.U.S.C., Supp. VII, p. 897.</sidenote>Treasury to obtain outside professional and/or technical services, as provided by the Public Buildings Act approved May 25, 1926 (U.S.C., Supp. VI, title 40, sec. 342), and by the Act approved March 31, 1930 (46 Stat., p. 137), and to pay reasonable compensation for such services, and to employ appraisers, when necessary, by contract or otherwise, $500,000, to remain available until expended. </content> </appropriations> <appropriations level="small"> <heading>public buildings, operating expenses</heading><sidenote>Operating expenses.</sidenote> <content>Operating force: For such personal services as the Secretary of <sidenote>Operating force.Personal services.</sidenote>the Treasury may deem necessary in connection with the care, maintenance, and repair of all public buildings under the administration of the Treasury Department (except as hereinafter provided), together with the grounds thereof and the equipment and furnishings therein, including inspectors of buildings, repairs and equipment, assistant custodians, janitors, watchmen, laborers, and charwomen; telephone operators for the operation of telephone switchboards or equivalent telephone switchboard equipment in Federal buildings, jointly serving in each case two or more governmental activities; engineers, firemen, elevator conductors, coal passers, electricians, dynamo tenders, lampists, and wiremen ; mechanical labor force in connection with said buildings, including carpenters, plumbers, steam fitters, machinists, and painters, but in no case shall the rates of compensation for such mechanical labor force be in excess of the rates current at the time and in the place where such services are employed, $1,305,000: <proviso>Provided, That the <sidenote>Proviso.Availability.</sidenote>foregoing appropriations shall be available for use in connection with all public buildings under the administration of the Treasury Department, outside the District of Columbia, and exclusive of marine hospitals, quarantine stations, mints, branch mints, and assay offices</proviso>. Furniture and repairs of furniture : For furniture, carpets, and <sidenote>Furniture, etc.</sidenote>repairs of same, for completed and occupied public buildings under the administration of the Treasury Department, exclusive of marine hospitals, quarantine stations, mints, branch mints, and assay offices, and for gas and electric lighting fixtures and repairs of same for completed and occupied public buildings under the administration of the Treasury Department, including marine hospitals and quarantine stations, but exclusive of mints, branch mints, and assay offices, and for furniture and carpets for public buildings and extension of public buildings in course of construction which are to remain under the custody and administration of the Treasury Department, exclusive of marine hospitals, quarantine stations, mints, branch mints, and assay offices, and buildings constructed for other executive departments or establishments of the Government, $100,000: <proviso>Provided, That the foregoing appropriation shall not be <sidenote>Provisos.Personal service restriction.</sidenote>used for personal services except for work done under contract or for temporary job labor under exigency and not exceeding at one time the sum of $100 at any one building</proviso>: <proviso>Provided further, That <sidenote>Use of present furniture.</sidenote>all furniture now owned by the United States in other public buildings or in buildings rented by the United States shall be used, so far as practicable, whether it corresponds with the present regulation plan for furniture or not</proviso>. Operating supplies: For fuel, steam, gas for lighting and heating <sidenote>Operating supplies.Fuel, light, power, etc.</sidenote>purposes, water, ice, lighting supplies, electric current for lighting, heating, and power purposes, telephone service for custodial forces; removal of ashes and rubbish, snow, and ice; cutting grass and weeds, washing towels, and miscellaneous items for the use of the <page identifier="/us/stat/48/442">442</page>custodial forces in the care and maintenance of completed and occupied public buildings and the grounds thereof under the administration of the Treasury Department, and in the care and maintenance of the equipment and furnishings in such buildings; miscellaneous supplies, tools, and appliances required in the operation (not embracing repairs) of the mechanical equipment, including heating, plumbing, hoisting, gas piping, ventilating, vacuum-cleaning and refrigerating apparatus, electric-light plants, meters, interior pneumatic tube and intercommunicating telephone systems, conduit wiring, call bell and signal systems in such buildings, and for the transportation of articles or supplies, authorized herein for buildings under the administration of the Treasury Department outside the District of Columbia, but excluding marine hospitals and quarantine stations, mints, branch mints, and assay offices, and personal services, except for work done by contract or for temporary job labor under exigency not exceeding at one time the sum of $100 at any one building, $395,000. The appropriation made herein for gas shall include the rental and use of gas governors when ordered <sidenote>Provisos.Rentals thereof.</sidenote>by the Secretary of the Treasury in writing: <proviso>Provided, That rentals shall not be paid for such gas governors greater than 35 per centum of the actual value of the gas saved thereby, which saving shall be determined by such tests as the Secretary of the Treasury shall <sidenote>Contracts for joint telephone switchboards.</sidenote>direct</proviso>: <proviso>Provided further, That the Secretary of the Treasury is authorized to contract for telephone service in public buildings under the administration of the Treasury Department by means of telephone switchboards or equivalent telephone-switching equipment jointly serving in each case two or more Government activities where he finds that joint service is economical and in the interest of the Government, and to secure reimbursement for the cost of such joint service from available appropriations for telephone expenses of the bureaus and offices receiving the same</proviso>.<sidenote>Departmental salaries.</sidenote> Departmental salaries: For personal services in the District of Columbia for the Procurement Division, Public Works Branch, $270,000. </content> </appropriations> <appropriations level="small"> <heading>miscellaneous items, treasury department</heading> <sidenote>Miscellaneous items.</sidenote> <appropriations level="small"> <heading>american printing house for the blind</heading> <sidenote>American Printing House for the Blind, expenses.Vol. 44, p. 1060.U.S.C., Supp. VII, p. 460.Citation of Title.</sidenote> <content>To enable the American Printing House for the Blind more adequately to provide books and apparatus for the education of the blind in accordance with the provisions of the Act approved February 8, 1927 (U.S.C., Supp. VI, title 20, sec. 101), $65,000.This title may be cited as the “Treasury Department Appropriation Act, 1935.” </content> </appropriations> </appropriations> </appropriations> <num class="centered" value="II">TITLE II—</num> <heading><inline class="centered">POST OFFICE DEPARTMENT</inline></heading> <sidenote>Title II—Post Office Department.Appropriations for fiscal year, 1935.Vol. 5, p. 80.U.S.C., pp. 49, 1283.</sidenote> <chapeau>The following sums are appropriated in conformity with the Act of July 2, 1836 (U.S.C., title 5, sec. 380, title 39, sec. 786), for the Post Office Department for the fiscal year ending June 30, 1935, namely:</chapeau> <appropriations level="small"> <heading>post office department, washington, district of columbia office of the postmaster general</heading> <sidenote>Department expenses.Postmaster General’s office.Postmaster General, and office personnel.</sidenote> <content>Salaries: For the Postmaster General and other personal services in the office of the Postmaster General in the District of Columbia, $205,510.</content> </appropriations> <page identifier="/us/stat/48/443">443</page> <appropriations level="small"> <heading>salaries in bureaus and offices</heading><sidenote>Bureaus and offices.Allotments specified.</sidenote> <content>For personal services in the District of Columbia in bureaus and offices of the Post Office Department in not to exceed the following amounts, respectively: Office of the First Assistant Postmaster General, $433,629. Office of the Second Assistant Postmaster General, $376,501. Office of the Third Assistant Postmaster General, $682,603. Office of the Fourth Assistant Postmaster General, $316,019. Office of the Solicitor for the Post Office Department, $73,152. Office of the chief inspector, $168,300. Office of the purchasing agent, $31,860. Bureau of Accounts, $81,198. </content> </appropriations> <appropriations level="intermediate"> <heading>Contingent Expenses, Post Office Department</heading><sidenote>Department contingent expenses.Stationery, etc.Telegraphing.</sidenote> <content>For stationery and blank books, index and guide cards, folders, and binding devices, including purchase of free penalty envelopes, $15,000. For telegraphing, $6,000. For miscellaneous items, including purchase, exchange, maintenance, <sidenote>Miscellaneous.</sidenote>and repair of tools, electrical supplies, typewriters, adding machines, and other labor-saving devices; maintenance of motor trucks and of two motor-driven passenger-carrying vehicles, to be used only for official purposes (one for the Postmaster General and one for the general use of the department); street-car fares not exceeding $540; floor coverings, postage stamps for correspondence <sidenote>Correspondence abroad.Vol. 44, pp. 2243, 2245.</sidenote>addressed abroad, which is not exempt under article 47 of the London convention of the Universal Postal Union; and other necessary expenses; $40,250; and of such sum of $40,250 not exceeding $14,500 may be expended for telephone service, not exceeding $1,800 may be expended for purchase and exchange of law books, books of reference, railway guides, city directories, and books necessary to conduct the business of the department, and not exceeding $2,000 may be expended for expenses, except membership fees, of attendance at <sidenote>Attendance at meetings.</sidenote>meetings or conventions concerned with postal affairs, when incurred on the written authority of the Postmaster General, and not exceeding $800 may be expended for expenses of the purchasing agent and of the solicitor and attorneys connected with his office while traveling on business of the department. For furniture and filing cabinets and repairs thereto, $7,000.<sidenote>Furniture, etc.Printing and binding.</sidenote> For printing and binding for the Post Office Department, including all of its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, $850,000. Appropriations hereinafter made for the field service of the Post <sidenote>Field service appropriations not to be used for department.</sidenote>Office Department, except as otherwise provided, shall not be expended for any of the purposes hereinbefore provided for on account of the Post Office Department in the District of Columbia: <proviso>Provided, That the actual and necessary expenses of officials and <sidenote>Provisos.Travel expenses, payable from service appropriations.</sidenote>employees of the Post Office Department and Postal Service, when traveling on official business, may continue to be paid from the appropriations for the service in connection with which the travel is performed, and appropriations for the fiscal year 1935 of the character heretofore used for such purposes shall be available therefor</proviso>: <proviso>Provided further, That appropriations hereinafter made, except such as are exclusively for payment of compensation, shall be immediately <sidenote>Use in examining field estimates.</sidenote>available for expenses in connection with the examination of estimates for appropriations in the field including per diem allowances in lieu 01 actual expenses of subsistence</proviso>. </content> </appropriations> <page identifier="/us/stat/48/444">444</page> <appropriations level="intermediate"> <heading>Field Service, Post Office Department</heading> <sidenote>Field service.</sidenote> <appropriations level="small"> <heading>office of the postmaster general</heading> <sidenote>Postmaster General.Cash rewards to employees for inventions improving the service.</sidenote> <content>The Postmaster General is hereby authorized to pay a cash reward for any invention, suggestion, or series of suggestions for an improvement or economy in device, design, or process applicable to the Postal Service submitted by one or more employees of the Post Office Department or the Postal Service which shall be adopted for use and will clearly effect a material economy or increase efficiency, and for that purpose the sum of $500 is hereby appropriated: <sidenote>Provisos.Additional to regular pay.Limitation.</sidenote><proviso>Provided, That the sums so paid to employees in accordance with this Act shall be in addition to their usual compensation</proviso>: <proviso>Provided further, That the total amount paid under the provisions of this Act shall not exceed $1,000 in any month or for any one invention <sidenote>Agreement for Government use required.</sidenote>or suggestion</proviso>: <proviso>Provided further, That no employee shall be paid a reward under this Act until he has properly executed an agreement to the effect that the use by the United States of the invention, suggestion, or series of suggestions made by him shall not form the basis of a further claim of any nature upon the United States by <sidenote>Appropriation restricted.</sidenote>him, his heirs, or assigns</proviso>: <proviso>Provided further, That this appropriation shall be available for no other purpose</proviso>.<sidenote>Travel, etc.</sidenote> For travel and miscellaneous expenses in the Postal Service, office of the Postmaster General, $1,000.<sidenote>Damage claims.Vol. 42, p. 63.U.S.C., p. 50.</sidenote> To enable the Postmaster General to pay claims for damages, occurring during the fiscal year 1935, or in prior fiscal years, to persons or property in accordance with the provisions of the Deficiency Appropriation Act approved June 16, 1921 (U.S.C., title 5, sec. 392), $16,000.<sidenote>Inspectors.</sidenote> Office of chief inspector: For salaries of fifteen inspectors in charge of divisions and five hundred and twenty-five inspectors, $1,790,955.<sidenote>Traveling expenses, investigations, etc.</sidenote> For traveling expenses of inspectors, inspectors in charge, the chief post-office inspector, and the assistant chief post-office inspector, and for the traveling expenses of four clerks performing stenographic and clerical assistance to post-office inspectors in the investigation of important fraud cases, and for tests, exhibits, documents, photographs, office and other necessary expenses incurred by post-office inspectors in connection with their official investigations, including necessary miscellaneous expenses of division headquarters, <sidenote>Proviso.Allotment for chemical, etc., investigations.</sidenote>$488,270: <proviso>Provided, That not exceeding $16,460 of this sum shall be available for transfer by the Postmaster General to other departments and independent establishments for chemical and other investigations</proviso>.<sidenote>Clerks at division headquarters.</sidenote> For compensation of one hundred and thirty clerks at division headquarters, $291,420.<sidenote>Rewards for detecting law violations.</sidenote> For payment of rewards for the detection, arrest, and conviction of post-office burglars, robbers, and highway mail robbers, $45,000: <sidenote>Provisos.Death of offender.</sidenote><proviso>Provided, That rewards may be paid in the discretion of the Postmaster General, when an offender of the class mentioned was killed in the act of committing the crime or in resisting lawful arrest</proviso>: <sidenote>Rates.</sidenote><proviso>Provided further, That no part of this sum shall be used to pay any rewards at rates in excess of those specified in Post Office Department Order 9955, dated February 28, 1930</proviso>: <proviso>Provided further, That of the amount herein appropriated not to exceed $20,000 <sidenote>Securing information.</sidenote>may be expended, in the discretion of the Postmaster General, for the purpose of securing information concerning violations of the postal laws and for services and information looking toward the apprehension of criminals</proviso>. </content> </appropriations> <page identifier="/us/stat/48/445">445</page> <appropriations level="small"> <heading>office of the first assistant postmaster general</heading><sidenote>First Assistant Postmaster General.Postmasters, etc.</sidenote> <content> For compensation to postmasters and for allowances for rent, light, fuel, and equipment to postmasters of the fourth class, $40,500,000. For compensation to assistant postmasters at first and second class <sidenote>Employees first and second class offices.</sidenote>post offices, $5,805,000. For compensation to clerks and employees at first and second class post offices, including auxiliary clerk hire at summer and winter post offices, printers, mechanics, skilled laborers, watchmen, messengers, laborers, and substitutes, $146,500,000. For compensation to clerks in charge of contract stations, <sidenote>Contract station clerks.</sidenote>$1,550,000. For separating mails at third and fourth class post offices, <sidenote>Separating mails.</sidenote>$431,631. For unusual conditions at post offices, $45,000.<sidenote>Unusual conditions.</sidenote> For allowances to third-class post offices to cover the cost of clerical <sidenote>Clerks, third class offices.</sidenote>services, $6,750,000. For miscellaneous items necessary and incidental to the operation <sidenote>Miscellaneous, first and second class offices.</sidenote>and protection of post offices of the first and second classes, and the business conducted in connection therewith, not provided for in other appropriations, $1,828,500. For village delivery service in towns and villages having post <sidenote>Village delivery.</sidenote>offices of the second or third class, and in communities adjacent to cities having city delivery, $1,408,905. For Detroit River postal service, $15,995.<sidenote>Detroit River service.Car fare and bicycle allowance.</sidenote> For car fare and bicycle allowance, including special-delivery and car fare, $1,200,000.For pay of letter carriers, City Delivery Service, $104,000,000.<sidenote>City delivery, carriers.Special delivery, etc.Rural delivery service.</sidenote> For fees to special-delivery messengers, $5,107,500. For pay of rural carriers, auxiliary carriers, substitutes for rural carriers on annual and sick leave, clerks in charge of rural stations, and tolls and ferriage Rural Delivery Service, and for the incidental expenses thereof, $82,902,500. For travel and miscellaneous expenses in the Postal Service, office <sidenote>Travel, etc.</sidenote>of the First Assistant Postmaster General, $1,000. </content> </appropriations> <appropriations level="small"> <heading>office of the second assistant postmaster general</heading><sidenote>Second Assistant Postmaster General.Star routes, except Alaska.</sidenote> <content>For inland transportation by star routes (excepting service in Alaska), including temporary service to newly established offices, and not to exceed $200,000 for Government-operated star-route service, $12,500,000. For inland transportation by star routes in Alaska, $135,000.<sidenote>Alaska.</sidenote> For inland transportation by steamboat or other powerboat routes, <sidenote>Steamboat, etc., routes.</sidenote>including ship, steamboat, and way letters, $1,229,600. For inland transportation by railroad routes and for mail messenger <sidenote>Railroad routes and messenger service.Provisos.Freight train conveyance.</sidenote>service, $98,500,000: <proviso>Provided, That not to exceed $1,500,000 of this appropriation may be expended for pay of freight and incidental charges for the transportation of mails conveyed under special arrangement in freight trains or otherwise</proviso>: <proviso>Provided further, That <sidenote>Separate accounting, messenger service.</sidenote>separate accounts be kept of the amount expended for mail messenger service</proviso>: <proviso>Provided further, That there may be expended from <sidenote>Services in the District.Vol. 39, p. 429; Vol. 43, p. 1069.U.S.C., pp. 1269, 1286.</sidenote>this appropriation for clerical and other assistance in the District of Columbia not exceeding the sum of $55,530 to carry out the provisions of section 5 of the Act of July 28, 1916 (U.S.C., title 39, sec. 562) (the space basis Act), and not exceeding the sum of $28,400 to carry out the provisions of section 214 of the Act of February 28, 1925 (U.S.C., title 39, sec. 826) (cost ascertainment)</proviso>. <page identifier="/us/stat/48/446">446</page><sidenote>Railway Mail Service.Division superintendents.</sidenote> Railway Mail Service: For fifteen division superintendents, fifteen assistant division superintendents, two assistant superintendents at large, one assistant superintendent in charge of car construction, one hundred and twenty-one chief clerks, one hundred and twenty-one assistant chief clerks, clerks in charge of sections in the offices of division superintendents, railway postal clerks, substitute railway postal clerks, joint employees, and laborers in the Railway Mail Service, $47,200,000.<sidenote>Travel allowance to clerks.</sidenote> For travel allowance to railway postal clerks and substitute railway postal clerks, $2,350,000.<sidenote>Expenses away from headquarters.</sidenote> For actual and necessary expenses, general superintendent and assistant general superintendent, division superintendents, assistant division superintendents, assistant superintendents, chief clerks, and assistant chief clerks, Railway Mail Service, and railway postal clerks, while actually traveling on business of the Post Office Department and away from their several designated headquarters, $60,000.<sidenote>Miscellaneous.</sidenote> For rent, light, heat, fuel, telegraph, miscellaneous and office expenses, telephone service, badges for railway postal clerks, for the <sidenote>Arms for mail protection.Terminal offices, rent.</sidenote>purchase or rental of arms and miscellaneous items necessary for the protection of the mails, and rental of space for terminal railway post offices for the distribution of mails when the furnishing of space for such distribution cannot, under the Postal Laws and Regulations, properly be required of railroad companies without additional compensation, and for equipment and miscellaneous items necessary to terminal railway post offices, $775,000.<sidenote>Electric and cable car service.Foreign mails.Vol. 41, p. 988; Vol. 45, p. 689.U.S.C., p. 1537; Supp. VII, p. 964.</sidenote> For electric and cable car service, $375,000. For transportation of foreign mails by steamship, aircraft, or otherwise, including the cost of advertising in connection with the award of contracts authorized by the Merchant Marine Act of 1928 (U.S.C., title 46, secs. 861–889; Supp. VI, title 46, secs. 886–891x), <sidenote>Provisos.Payment to Seatrain Company forbidden.Aircraft allowances; contract restrictions.</sidenote>$37,500,000: <proviso>Provided, That no part of the money herein appropriated shall be paid on contract numbered 56 to the Seatrain Company</proviso>: <proviso>Provided further, That not to exceed $7,000,000 of this sum may be expended for carrying foreign mail by aircraft under contracts which will not create obligations for the fiscal year 1936 in <sidenote>Sea post service.</sidenote>excess of $7,000,000</proviso>: <proviso>Provided further, That the Postmaster General is authorized to expend such stuns as may be necessary, not to exceed $250,000, to cover the cost to the United States for maintaining sea-post service on ocean steamships conveying the mails to and <sidenote>Assistant Director, International Postal Service.</sidenote>from the United States including the salary of the Assistant Director, Division of International Postal Service, with headquarters at New York City</proviso>.<sidenote>Balances due foreign countries.Travel, etc.</sidenote> For balances due foreign countries, $1,000,000.For travel and miscellaneous expenses in the Postal Service, office of the Second Assistant Postmaster General, $1,000.<sidenote>Aircraft contract, inland service.</sidenote> For the inland transportation of mail by aircraft, as authorized by law, and for the incidental expenses thereof, including not to exceed $17,760 for supervisory officials and clerks at air mail transfer points, and not to exceed $34,967 for personal services in the District of Columbia and incidental and travel expenses, $12,000,000.<sidenote>Indemnity, lost international mail.</sidenote> For payment of limited indemnity for the injury or loss of international mail in accordance with convention, treaty, or agreement stipulations, $15,000. </content> </appropriations> <appropriations level="small"> <heading>office of the third assistant postmaster general</heading><sidenote>Third Assistant Postmaster General.Stamps, stamped envelops, postal cards, etc.</sidenote> <content>For manufacture of adhesive postage stamps, special-delivery stamps, books of stamps, stamped envelops, newspaper wrappers, postal cards, and for coiling of stamps, $3,500,000. <page identifier="/us/stat/48/447">447</page> For pay of agent and assistants to examine and distribute stamped <sidenote>Distributing agency.</sidenote>envelops and newspaper wrappers, and expenses of agency, $19,940. For payment of limited indemnity for the injury or loss of pieces <sidenote>Indemnity, lost domestic mail.</sidenote>of domestic registered matter, insured and collect-on-delivery mail, and for failure to remit collect-on-delivery charges, $625,000. For travel and miscellaneous expenses in the Postal Service, office <sidenote>Travel, etc.</sidenote>of the Third Assistant Postmaster General, $1,000. </content> </appropriations> <appropriations level="small"> <heading>office of the fourth assistant postmaster general</heading> <sidenote>Fourth Assistant Postmaster General.Stationery, etc.</sidenote> <content>For stationery for the Postal Service, including the money-order and registry system; and also for the purchase of supplies for the Postal Savings System, including rubber stamps, canceling devices, <sidenote>Postal Savings system, supplies.</sidenote>certificates, envelops, and stamps for use in evidencing deposits, and free penalty envelops; and for the reimbursement of the Secretary <sidenote>Bond expenses.Vol. 36, p. 817.U.S.C., p. 1282.</sidenote>of the Treasury for expenses incident to the preparation, issue, and registration of the bonds authorized by the Act of June 25, 1910 (U.S.C., title 39, sec. 760), $500,000. For miscellaneous equipment and supplies, including the purchase <sidenote>Miscellaneous equipment and supplies.</sidenote>and repair of furniture, package boxes, posts, trucks, baskets, satchels, straps, letter-box paint, baling machines, perforating machines, duplicating machines, printing presses, directories, cleaning supplies, and the manufacture, repair, and exchange of equipment, the erection and painting of letter-box equipment, and for <sidenote>Letterboxes.</sidenote>the purchase and repair of presses and dies for use in the manufacture of letter boxes; for postmarking, rating, money-order <sidenote>Postmarking, etc., stamps.</sidenote>stamps, and electrotype plates and repairs to same; metal, rubber, and combination type, dates and figures, type holders, ink pads for canceling and stamping purposes, and for the purchase, exchange, and repair of typewriting machines, envelop-opening machines, and computing machines, copying presses, numbering machines, time recorders, letter balances, scales (exclusive of dormant or built-in platform scales in Federal buildings), test weights, and miscellaneous articles purchased and furnished directly to the Postal Service, including complete equipment and furniture for post offices in leased quarters; for miscellaneous expenses in the preparation and publication <sidenote>Post route maps.</sidenote>of post-route maps and rural delivery maps or blueprints, including tracing for photolithographic reproduction; for other expenditures necessary and incidental to post offices of the first, second, and third classes, and offices of the fourth class having or to have rural delivery service, and for letter boxes, $700,000; and the Postmaster General may authorize the sale to the public of post-route maps and rural delivery maps or blueprints at the cost of printing and 10 per centum thereof added; of this amount $1,500 may be expended in the purchase of atlases and geographical and technical works: <proviso>Provided, That no part of this appropriation shall <sidenote>Proviso.Furniture, etc., third class offices.</sidenote>be expended for the purchase of furniture and complete equipment for third-class post offices except miscellaneous equipment of the general character furnished such offices during the fiscal year 1931.</proviso> For wrapping twine and tying devices, $300,000.<sidenote>Twine, etc.Shipping supplies.</sidenote> For expenses incident to the shipment of supplies, including hardware, boxing, packing, and not exceeding $40,000 for the pay of employees in connection therewith in the District of Columbia, $51,506. For rental, purchase, exchange, and repair of canceling machines <sidenote>Canceling and labor saving devices, etc.</sidenote>and motors, mechanical mail-handling apparatus, and other labor-saving devices, including cost of power in rented buildings and miscellaneous expenses of installation and operation of same, including salaries of ten traveling mechanicians, and for traveling expenses, $397,250. <page identifier="/us/stat/48/448">448</page><sidenote>Equipment shops, materials, etc.</sidenote> Equipment Shops, Washington, District of Columbia: For the purchase, manufacture, and repair of mail bags and other mail containers and attachments, mail locks, keys, chains, tools, machinery, and material necessary for same, and for incidental expenses pertaining thereto; material, machinery, and tools necessary for the manufacture and repair of such other equipment for the Postal Service as may be deemed expedient: for the expenses of maintenance and repair of the mail bag equipment shops building and equipment, including fuel, light, power, and miscellaneous supplies and services; for compensation to labor employed in the <sidenote>Services in the District.Proviso.Distinctive equipment for departments, Alaska, and island possessions.</sidenote>equipment shops and in the operation, care, maintenance, and protection of the equipment shops building, $804,500, of which not to exceed $499,500 may be expended for personal services in the District of Columbia: <proviso>Provided, That out of this appropriation the Postmaster General is authorized to use as much of the sum, not exceeding $15,000, as may be deemed necessary for the purchase of material and the manufacture in the equipment shops of such small quantities of distinctive equipments as may be required by other executive departments; and for service in Alaska, Puerto Rico, Philippine Islands, Hawaii, or other island possessions</proviso>.<sidenote>Rent, light, etc., first, second, and third class offices.</sidenote> For rent, light, fuel, and water, for first, second, and third class post offices, and the cost of advertising for lease proposals for such offices, $14,500,000.<sidenote>Pneumatic tubes, New York City.</sidenote> For the transmission of mail by pneumatic tubes or other similar devices in the city of New York, including the Borough of Brooklyn of the city of New York, at an annual rate not in excess of $19,500 per mile of double line of tubes, including power, labor, and all other operating expenses, $524,000.<sidenote>Boston, Mass.</sidenote> For the rental or not exceeding two miles of pneumatic tubes, not including labor and power in operating the same, for the transmission <sidenote>Proviso.Provisions applicable.Vol. 32, p. 114; Vol. 35, p. 412.U.S.C., p. 1260.</sidenote>of mail in the city of Boston, Massachusetts, $24,000: <proviso>Provided, That the provisions not inconsistent herewith of the Acts of April 21, 1902 (U.S.C., title 39, sec. 423), and May 27, 1908 (U.S.C., title 39, sec. 423), relating to the transmission of mail by pneumatic tubes or other similar devices shall be applicable hereto</proviso>.<sidenote>Vehicle allowance for delivery, collection, etc.</sidenote> For vehicle service; the hire of vehicles; the rental of garage facilities; the purchase, exchange, and maintenance of motor vehicles; the hire of supervisors, clerical assistance, mechanics, drivers, garagemen, and such other employees as may be necessary in providing vehicles and vehicle service for use in the collection, transportation, <sidenote>Provisos.Garage rental.</sidenote>and delivery of the mail, $13,325,000: <proviso>Provided, That the Postmaster General may, in his disbursement of this appropriation, apply a part thereof to the leasing of quarters for the housing of Government-owned motor vehicles at a reasonable annual rental for a term <sidenote>Tractors and trailer trucks.</sidenote>not exceeding ten years</proviso>: <proviso>Provided further, That the Postmaster General, during the fiscal year 1935, may purchase and maintain from the appropriation “ Vehicle service ” such tractors and trailer trucks as may be required in the operation of the vehicle service</proviso>: <proviso>Provided further, <sidenote>Motor-vehicle restriction.</sidenote>That no part of this appropriation shall be expended for maintenance or repair of motor-propelled passenger-carrying vehicles for use in connection with the administrative work of the Post Office Department in the District of Columbia</proviso>.<sidenote>Transportation, etc., of equipment.</sidenote> For the transportation and delivery of equipment, materials, and supplies for the Post Office Department and Postal Service by freight, express, or motor transportation, and other incidental expenses, $344,100.<sidenote>Travel, etc.</sidenote> For travel and miscellaneous expenses in the Postal Service, office of the Fourth Assistant Postmaster General, $1,000. </content> </appropriations> <page identifier="/us/stat/48/449">449</page> <appropriations level="small"> <heading>public buildings, maintenance and operation</heading><sidenote>Public buildings, maintenance, etc.Departmental salaries and expenses.</sidenote> <content>Salaries and expenses, departmental: For personal services in the District of Columbia and for traveling expenses necessary in connection with the operation and maintenance of public buildings under the administration of the Post Office Department, $69,846. Operating force: For personal services in connection with the <sidenote>Operating force.</sidenote>operation and maintenance of public buildings, including the Washington Post Office and the Customhouse Building in the District of Columbia, under the administration of the Post Office Department, together with the grounds thereof and the equipment and furnishings therein, including telephone operators for the operation of telephone switchboards or equivalent telephone switchboard equipment in such buildings jointly serving in each case two or more governmental activities, $10,935,000: <proviso>Provided, That in no case shall <sidenote>Proviso.Compensation rates, mechanical labor.</sidenote>the rates of compensation for the mechanical labor force be in excess of the rates current at the time and in the place where such services are employed</proviso>. Operating supplies: For fuel, steam, gas, and electric current for <sidenote>Operating supplies.</sidenote>lighting, heating, and power purposes, water, ice, lighting supplies, removal of ashes and rubbish, snow and ice, cutting grass and weeds, washing towels, telephone service for custodial forces, and for miscellaneous services and supplies, tools and appliances, for the operation and maintenance of completed and occupied public buildings and grounds, including mechanical and electrical equipment, but not the repair thereof, under the administration of the Post Office Department, including the Washington Post Office and the Customhouse Building in the District of Columbia, and for the transportation of articles and supplies authorized herein, $4,150,000: <proviso>Provided, <sidenote>Provisos.Limitation on availability.</sidenote>That the foregoing appropriation shall not be available for personal services except for work done by contract, or for temporary job labor under exigency not exceeding at one time the sum of $100 at any one building</proviso>: <proviso>Provided further, That the Postmaster General <sidenote>Contracts for telephone service.</sidenote>is authorized to contract for telephone service in public buildings under his administration by means of telephone switchboards or equivalent telephone-switching equipment jointly serving in each case two or more governmental activities, where he determines that joint service is economical and in the interest of the Government, and to secure reimbursement for the cost of such joint service from available appropriations for telephone expenses of the Bureaus and offices receiving the same</proviso>. Furniture, carpets, and safes: For the procurement, including <sidenote>Furniture and equipment.</sidenote>transportation, of furniture, carpets, safes, lighting fixtures, and repairs of same, for use in public buildings which are now, or may hereafter be, under the administration of the Post Office Department, $1,250,000: <proviso>Provided, That the foregoing appropriation shall <sidenote>Provisos.Personal service restriction.</sidenote>not be used for personal services except for work done under contract or for temporary job labor under exigency and not exceeding at one time the sum of $100 at any one building</proviso>: <proviso>Provided further, That <sidenote>Use of present furniture.</sidenote>all furniture now owned by the United States in other public buildings or in buildings rented by the United States shall be used, so far as practicable, whether it corresponds with the present regulation plan of furniture or not</proviso>. In the disbursement of appropriations contained in this Act for <sidenote>Sums transferred to Standards Bureau for investigating materials.</sidenote>the field service of the Post Office Department the Postmaster General may transfer to the Bureau of Standards not to exceed $20,000 for scientific investigations in connection with the purchase of mate-<page identifier="/us/stat/48/450">450</page>rials, equipment, and supplies necessary in the maintenance and operation of the Postal Service.<sidenote>Appropriations from Treasury for field service to supply deficiencies.</sidenote> If the revenues of the Post Office Department shall be insufficient to meet the appropriations made under title II of this Act, a sum equal to such deficiency in the revenues of such department is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to supply such deficiency in the revenues of the Post Office Department for the fiscal year ending June 30, 1935, and the sum needed may be advanced to the Post Office Department upon requisition of the Postmaster General. </content> </appropriations> </appropriations>

Appropriations for travel, etc., fiscal year 1935.

Sec. 2. Appropriations for the fiscal year 1935 available for expenses of travel of civilian officers and employees of the executive departments and establishments shall be available also for expenses of travel performed by them on transfer from one official station to another when authorized by the head of the department or establishment

Proviso.

Transfers for convenience of officers.

concerned in the order directing such transfer: Provided, That such expenses shall not be allowed for any transfer effected for the convenience of any officer or employee.

Restrictions on expenditures by executive departments, etc.

Sec. 3. No appropriation available for the executive departments and independent establishments of the Government for the fiscal year ending June 30, 1935, whether contained in this Act or any other Act, snail be expended—

Cost limit of automobiles.

(a) To purchase any motor-propelled passenger-carrying vehicle (exclusive of busses, ambulances, and station wagons), at a cost, completely equipped for operation, and including the value of any vehicle exchanged, in excess of $750, unless otherwise specifically provided for in the appropriation.

Maintenance, automobiles, not used for official purposes.

“Official purposes”, construed.

(b) For the maintenance, operation, and repair of any Government-owned motor-propelled passenger-carrying vehicle not used exclusively for official purposes; and “official purposes” shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of medical officers on out-patient medical services and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the head of the department or

Limitations not applicable.

establishment concerned. The limitations of this subsection (b) shall not apply to any motor vehicles for official use of the President, or of the heads of the executive departments.

Maintenance cost limit.

(c) For the maintenance, upkeep, and repair (exclusive of garage rent, pay of operators, tires, fuel, and lubricants) on any one motor-propelled passenger-carrying vehicle, except busses and ambulances, in excess of one third of the market price of a new vehicle of the same make and class and in no case in excess of $400.

Appointments after Senate rejections restricted.

Sec. 4. That no part of the money appropriated under this Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve of the nomination of said person.

Citation of title.

Sec. 5. This title may be cited as the “Post Office Department Appropriation Act, 1935.”

Approved, March 15, 1934.

To supplement and support the Migratory Bird Conservation Act by providing funds for the acquisition of areas for use as migratory-bird sanctuaries, refuges, and breeding grounds, for developing and administering such areas, for the protection of certain migratory birds, for the enforcement of the Migratory Bird Treaty Act and regulations thereunder, and for other purposes. 48 Stat. 451 Chapter 71 1934-03-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 451 [CHAPTER 71.]

AN ACT To supplement and support the Migratory Bird Conservation Act by providing funds for the acquisition of areas for use as migratory-bird sanctuaries, refuges, and breeding grounds, for developing and administering such areas, for the protection of certain migratory birds, for the enforcement of the Migratory Bird Treaty Act and regulations thereunder, and for other purposes.

March 16, 1934.

[H.R. 5632.]

[Public, No. 124.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That after the

Migratory Bird Conservation.

Vol. 40, p. 755; Vol. 45, p. 1222.

Vol. 39, p. 1702.

Post, p. 1031.

Hunting stamp, provisions.

Exceptions.

expiration of ninety days after the date of enactment of this Act no person over sixteen years of age shall take any migratory waterfowl unless at the time of such taking he carries on his person an unexpired Federal migratory-bird hunting stamp issued to him in the manner hereinafter provided; except that no such stamp shall be required for the taking of migratory waterfowl by Federal or State institutions or official agencies, for propagation purposes or by the resident owner tenant or share cropper of the property or officially designated agencies of the Department of Agriculture for the killing of such waterfowl when found injuring crops or other property, under such restrictions as the Secretary of Agriculture may by

Regulations by Secretary of Agriculture.

regulation prescribe. The Secretary of Agriculture shall, immediately upon the passage of this Act, adopt and promulgate such regulations as are pertinent to the protection of private property in the injury of crops. Any person to whom a stamp has been issued under

Stamps; inspection of.

this Act shall upon request exhibit such stamp for inspection to any officer or employee of the Department of Agriculture authorized to enforce the provisions of this Act or to any officer of any State or any political subdivision thereof authorized to enforce game laws.

Sec. 2. That the stamps required under this Act shall be issued,

Issue of, by Post Office Department.

and the fees therefor collected, by the Post Office Department, under regulations prescribed jointly by the Secretary of Agriculture and

Collection of fees.

the Postmaster General: Provided, That stamps shall be issued at

Proviso.

Issuing offices.

the post office or post offices of all county seats in the several States, at all post offices in all cities with a population of two thousand five hundred or over and at such other post offices as said officers may by regulation prescribe. Each such stamp shall, at the time of issuance,

Stamp to be affixed to game license.

be affixed adhesively to the game license issued to the applicant under State law, if the applicant is required to have a State license, or, if the applicant is not required to have a State license, to a certificate furnished for that purpose by the Post Office Department at the time of issuance of such stamp. For each such stamp issued under

Fee.

the provisions of this Act, there shall be collected by the postmaster the sum of $1. Each stamp shall expire and be void after the 30th

Duration.

day of June next succeeding its issuance.

Sec. 3. Nothing in this Act shall be construed to authorize any

Compliance with State game laws and treaties.

Vol. 39, p. 1702.

person to take any migratory waterfowl otherwise than in accordance with regulations adopted and approved pursuant to any treaty heretofore or hereafter entered into between the United States and any other country for the protection of migratory birds, nor to exempt any person from complying with the game laws of the several States.

Sec. 4. All moneys received for such stamps shall be accounted for

Migratory bird conservation fund, stamp receipts to constitute.

by the postmaster and paid into the Treasury of the United States, and shall be reserved and set aside as a special fund to be known as the migratory bird conservation fund, to be administered by the Secretary of Agriculture. All moneys received into such fund are

Expenditures authorized.

hereby appropriated for the following objects and shall be available therefor until expended:

452 (a)

Acquiring areas or sanctuaries.

Not less than 90 per centum shall be available for the location, ascertainment, acquisition, administration, maintenance, and development of suitable areas for inviolate migratory-bird sanctuaries, under the provisions of the Migratory Bird Conservation Act, to be expended for such purposes in all respects as moneys appropriated

Developing, etc., other preserves, etc.

pursuant to the provisions of such Act; for the administration, maintenance, and development of other refuges under the administration of the Secretary of Agriculture, frequented by migratory game birds; and for such investigations on such refuges and elsewhere in regard to migratory waterfowl as the Secretary of Agriculture may deem essential for the highest utilization of the refuges and for the protection and increase of these birds. (b)

Administrative expenses.

Reimbursing expenses of issuing, etc., stamps.

The remainder shall be available for administrative expenses under this Act and the Migratory Bird Conservation Act, includingreimbursement to the Post Office Department of funds expended in connection with the printing, engraving, and issuance of migratory-bird hunting stamps, and including personal services in the District

Proviso.

Cooperation with States, etc.

Vol. 45, p. 1225.

of Columbia and elsewhere: Provided, That the protection of said inviolate migratory-bird sanctuaries shall be, so far as possible, under section 17 of the Migratory Bird Conservation Act, passed February 18, 1929. (c)

Administration of Migratory Bird Treaty Act.

Vol. 39, p. 1702.

The remainder shall be available for administrative expenses under this Act, including reimbursement to the Post Office Department of funds expended in connection with the issuance of stamps, and printing and engraving of the same, and for administration expenses under the Migratory Bird Treaty Act and any other Act to carry into effect any treaty for the protection of migratory birds, and the Migratory Bird Conservation Act.

Sec. 5.

Penal provisions.

Altering, loaning, etc., stamps.

(a) No person shall alter, mutilate, loan, or transfer to another any stamp issued to him pursuant to this Act, nor shall any person other than the person to whom such stamp is issued use the same for any purpose. (b)

Counterfeiting.

No person shall imitate or counterfeit any stamp authorized by this Act, or any die, plate, or engraving therefor, or make, print, or knowingly use, sell, or have in his possession any such counterfeit, license, die, plate, or engraving.

Sec. 6.

Enforcement provisions.

For the efficient execution of this Act, the judges of the several courts, established under the laws of the United States, United States commissioners, and persons appointed by the Secretary of Agriculture to enforce the provisions of this Act, shall have, with respect thereto, like powers and duties as are conferred upon said judges, commissioners, and employees of the Department of Agriculture by the Migratory Bird Treaty Act or any other Act to carry into effect any treaty for the protection of migratory birds with

Seizures, etc.

Vol. 40, p. 756.

respect to that Act. Any bird or part thereof taken or possessed contrary to such Acts shall, when seized, be disposed of as provided by the Migratory Bird Treaty Act, or Acts aforesaid.

Sec. 7.

Penalty for violation.

Any person who shall violate any provision of this Act or who shall violate or fail to comply with any regulation made pursuant thereto shall be subject to the penalties provided in section 6 of the Migratory Bird Treaty Act.

Sec. 8.

Cooperation with States, etc.

The Secretary of Agriculture is authorized to cooperate with the several States and Territories in the enforcement of the provisions of this Act.

Sec. 9.

Terms defined.

(a) Terms defined in the Migratory Bird Treaty Act, or the Migratory Bird Conservation Act, shall, when used in this Act, have the meaning assigned to such terms in such Acts, respectively. 453 (b) As used in this Act (1) the term “ migratory waterfowl ” means the species enumerated in paragraph (a) of subdivision 1 of article I of the treaty between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916; (2) the term “ State ” includes the several States and Territories of the United States and the District of Columbia; and (3) the term “ take ” means pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.

Approved, March 16, 1934.

To provide for the appointment of a commission to establish the boundary line between the District of Columbia and the Commonwealth of Virginia. 48 Stat. 453 Chapter 72 1934-03-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 72.]

AN ACT To provide for the appointment of a commission to establish the boundary line between the District of Columbia and the Commonwealth of Virginia.

March 21, 1934.

[H.R. 6228.]

[Public, No. 125.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That in order to

District of Columbia-Virginia boundary line.

Appointment of Commission to establish.

determine the boundary line between the District of Columbia and the State of Virginia, and to provide for settlement of claims to property along or affected by said boundary line, the President of the United States is hereby requested to designate and appoint one commissioner, who is hereby directed, authorized, and empowered to act in conjunction with a like commissioner to be appointed pursuantto an act of the Legislature of Virginia. The said two commissioners

Authority to fix line.

so appointed and a third person to be selected by them are hereby constituted a commission for the purpose of surveying and ascertaining the boundary line between the District of Columbia and the State of Virginia, and are hereby directed, authorized, and empowered to survey and fix said boundary line and to mark the said line when so determined by suitable monuments, acting within the limits of their authority and guided by the provisions herein set forth. The said commissioners so selected shall serve until the completion

Duration of Commission.

of their report or not later than March 1, 1935.

Sec. 2. In determining the location of said boundary said commissioners

Factors to be considered.

shall take into consideration, amongst other things, the several decisions of the Supreme Court of the United States in relation thereto, the findings and reports of the Maryland and Virginia Boundary Commission of 1877, the compact of 1785 between the State of Maryland and the Commonwealth of Virginia, the claims of ownership of the United States and all private persons and corporations along the Virginia shore line, and the equitable and prescriptiverights, if any, of the United States and private claimants

Private claimants.

growing out of long, continued, and uninterrupted possession, and shall mark such line as they may recommend as the boundary line

Marking of recommended line.

Findings; ratification.

and shall report their findings and recommendations to Congress and to the Legislature of Virginia for action to finally ratify and establish said boundary line.

Sec. 3. To provide for the settlement of titles to the property

Settlement of property titles.

adjoining or affected by the determination of said boundary line, the said commissioners are further authorized and instructed to investigate all questions of title as between the United States and private citizens over such lands, all questions of equitable and prescriptive

Questions of equitable and prescriptive rights, etc.

rights arising from long and continued possession and occupancy either on the part of the United States or private citizens, and all improvements of said lands either by the United States or private citizens made in good faith and upon belief of good title, and said commissioners shall report their findings and recommendations in this respect for the equitable settlement of all such disputed titles,454including proposed payments to and from the United States, andsuch other recommendations as in their opinion may promote a justand reasonable settlement of the title to said property. Nothing contained

Recommendation as to title not binding.

in said recommendation with respect to title shall be binding upon either the United States or private claimants.

Sec. 4.

Compensation, expenses, etc.

Said commissioners shall receive compensation for such days as they may actually work at the rate of $15 per day, plus

Assistants; pay without regard to Classification Act.

Vol. 42, p. 1488;

Vol. 46, p. 1003; U.S.C. p. 65, Supp. VII, p. 34.

Securing information.

travel and subsistence expenses, and shall have authority to employ such assistants at such rates of pay as they may deem appropriate without regard for the Classification Act of 1923. The said commissioners may call upon all officers and agencies of the Federal Government and the District of Columbia for information and advice, and said officers are hereby authorized and directed to supply such information on request. Said commission shall make such surveys,

Hearings.

hold such hearings, and conduct such other investigations as it may deem necessary and advisable to carry out the purposes of this Act.

Sec. 5.

Appropriation authorized.

Post, p. 833.

For the purpose of carrying out the provisions of this Act and the payment of salaries and compensation herein provided for,the sum of $10,000, or as much thereof as may be necessary, is hereby authorized to be appropriated from any funds in the Treasury not otherwise appropriated.

Approved, March 21, 1934.

To provide for the removal of American citizens and nationals accused of crime to and from the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction. 48 Stat. 454 Chapter 73 1934-03-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 73.]

AN ACT To provide for the removal of American citizens and nationals accused of crime to and from the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction.

March 22, 1934.

[H.R. 5862.]

[Public, No. 126.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Criminal Code amendment.

U.S.C., pp. 506, 510.

Removal of fugitives to country in which extraterritorial jurisdiction exercised.

That the provisions of section 591 of title 18 of the United States Code, so far as applicable, shall apply within the jurisdiction of the United States in any country where the United States exercises extraterritorial jurisdiction for the arrest and removal therefrom to the UnitedStates, its Territories, Districts, or possessions, including the Panama Canal Zone and the Philippine Islands, or any other territory governed, occupied, or controlled by it, of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any crime or offense against the United States, and shall also apply throughout the United States, its Territories, Districts, and possessions, including the PanamaCanal Zone and the Philippine Islands, as well as to any other territory governed, occupied, or controlled by the United States, for the arrest and removal therefrom to the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction, of any citizen or national of the United States who is a fugitive from justice charged with or convicted ofthe commission of any crime or offense against the United States

Custody, etc., pending issuance of warrant.

in any country where it exercises extraterritorial jurisdiction. Such fugitive first mentioned may, by any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction and agreeably to the usual mode of process against offenders subject to such jurisdiction, be arrested and imprisoned or admitted to bail, as the case may be, pending the issuance of a warrant for his removal to455the United States, its Territories, Districts, or possessions, including the Panama Canal Zone and the Philippine Islands, or any other territory governed, occupied, or controlled by it, which warrant it

Executing, etc., warrant.

shall be the duty of the principal officer or representative of the United States vested with judicial authority in the country where the fugitive shall be found seasonably to issue, and of the United

Powers of marshal when executing warrant.

States marshal or corresponding officer to execute. Such marshal or other officer, or the deputies of such marshal or officer, when engaged in executing such warrant without the jurisdiction of the court to which they are attached, shall have all the powers of amarshal of the United States so far as such powers are requisite for the prisoner’s safekeeping and the execution of the warrant.

Sec. 2. Whenever the executive authority of any State, Territory,

Demand by a State, territory, etc., for return of fugitive.

District, or possession of the United States, including the Panama Canal Zone and the Philippine Islands, demands any American citizenor national as a fugitive from justice who has fled to the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an

Indictment or affidavit to accompany; charge specified.

indictment found or an affidavit made before a magistrate of any State, Territory, District, or possession of the United States, charging the fugitive so demanded with having committed treason, felony or other crime, certified as authentic by the Governor, chief magistrate,or other person authorized to act as such from whence the fugitive so charged has fled, it shall be the duty of the officer or

Arrest of fugitive.

representative of the United States vested with judicial authority to whom the demand has been made to cause such fugitive to be arrested and secured, and to cause notice of the arrest to be given to the

Notice to demanding authority.

executive authorities making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. If no such agent

Detention of fugitive for three months.

shall appear within three months from the time of the arrest, the prisoner may be discharged. All costs or expenses incurred in the

Costs.

apprehending, securing, and transmitting such fugitive to the State, Territory, District or possession of the United States, including the Panama Canal Zone and the Philippine Islands, shall be paid by the executive authority making such demand. The agent who receives

Transportation of fugitive; penalty for aiding escape.

the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled, and every person who, by force, sets at liberty or rescues the fugitive from such agent while so transporting him shall be fined not more than $500 or imprisoned not more than one year.

Sec. 3. Whenever, under this Act, it is desired to obtain the provisional

Provisional arrest on telegraphic request.

arrest and detention of a fugitive in advance of the presentation of the formal proofs, such detention may be obtained by telegraph upon the request of the authority competent to request the surrender of such fugitive addressed to the authority competent to grant such surrender: Provided, That such request for provisional

Provisos.

Information to accompany.

arrest and detention be accompanied by an express statement that a warrant for the fugitive‘s arrest has been issued within the jurisdiction of the authority making such request charging the fugitive with the commission of the crime for which his extradition is sought to be obtained: Provided further, That in the case of a request so

Payment of expenses.

made by a State, Territory, District, or possession, the expenses of obtaining a fugitive upon telegraphic request shall be borne by such State, Territory, District, or possession: And provided further, That

Void after 90 days.

no person shall be held in custody under telegraphic request by virtue of the provisions of this section for more than ninety days.

456

Sec. 4.

Escape of prisoner.

Criminal code provisions applicable.

U.S.C., p. 477.

The provisions of section 244 of title 18 of the United States Code are hereby made applicable to proceedings in extraditioninstituted in accordance with the provisions of this Act.

Approved, March 22, 1934.

To provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the Philippine Islands, and for other purposes. 48 Stat. 456 Chapter 84 1934-03-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 84.]

AN ACT To provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the Philippine Islands, and for other purposes.

March 24, 1934.

[H.R. 8573.]

[Public, No. 127.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

convention to frame constitution for philippine islands Sec. 1.

Philippine Independence Act.

Constitutional convention.

Election of delegates.

The Philippine Legislature is hereby authorized to provide for the election of delegates to a constitutional convention, which shall meet in the hall of the house of representatives in the capital of the Philippine Islands, at such time as the Philippine Legislature may fix, but not later than October 1, 1934, to formulate and draft a constitution for the government of the Commonwealth of the Philippine Islands, subject to the conditions and qualifications

Territory included.

Vol. 30, p. 1755.

prescribed in this Act, which shall exercise jurisdiction over all the territory ceded to the United States by the treaty of peace concluded between the United States and Spain on the 10th day of December

Vol. 31, p. 1942.

1898, the boundaries of which are set forth in article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the 7th

Expenses.

day of November 1900. The Philippine Legislature shall provide for the necessary expenses of such convention.

character of constitution—mandatory provisions

Character of Constitution, etc.

Form and contents.

Sec. 2. (a) The constitution formulated and drafted shall berepublican in form, shall contain a bill of rights, and shall, either

Mandatory provisions.

as a part thereof or in an ordinance appended thereto, contain provisionsto the effect that, pending the final and complete withdrawalof the sovereignty of the United States over the Philippine Islands— (1)

Allegiance.

All citizens of the Philippine Islands shall owe allegiance to the United States. (2)

Oath of office, etc.

Every officer of the government of the Commonwealth of the Philippine Islands shall, before entering upon the discharge of his duties, take and subscribe an oath of office, declaring, among other things, that he recognizes and accepts the supreme authority of and will maintain true faith and allegiance to the United States. (3)

Religious toleration.

Absolute toleration of religious sentiment shall be secured and no inhabitant or religious organization shall be molested in personor property on account of religious belief or mode of worship. (4)

Church, etc., property tax free.

Property owned by the United States, cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, buildings,and improvements used exclusively for religious, charitable, or educational purposes shall be exempt from taxation. (5)

Trade relations with United States.

Post, p. 459.

Trade relations between the Philippine Islands and the United States shall be upon the basis prescribed in section 6. (6)

Public debt.

The public debt of the Philippine Islands and its subordinate branches shall not exceed limits now or hereafter fixed by the Congress of the United States; and no loans shall be contracted in foreign countries without the approval of the President of the United States. 457 (7) The debts, liabilities, and obligations of the present Philippine

Assumption of debts, etc., by new government.

government, its Provinces, municipalities, and instrumentalities, valid and subsisting at the time of the adoption of the constitution, shall be assumed and paid by the new government. (8) Provision shall be made for the establishment and maintenance

Public schools; English language.

of an adequate system of public schools, primarily conducted in the English language. (9) Acts affecting currency, coinage, imports, exports, and immigration

Approval of designated Acts.

shall not become law until approved by the President of the United States. (10) Foreign affairs shall be under the direct supervision and

Foreign affairs.

control of the United States. (11) All acts passed by the Legislature of the Commonwealth of

Laws to be reported to United States Congress.

the Philippine Islands shall be reported to the Congress of the United States. (12) The Philippine Islands recognizes the right of the United

Rights of United States recognized.

States to expropriate property for public uses, to maintain military and other reservations and armed forces in the Philippines, and, upon order of the President, to call into the service of such armed forces all military forces organized by the Philippine government. (13) The decisions of the courts of the Commonwealth of the

United States Supreme Court jurisdiction.

Post, p. 462.

Philippine Islands shall be subject to review by the Supreme Court of the United States as provided in paragraph (6) of section 7. (14) The United States may, by Presidential proclamation, exercise

Right of intervention, by Presidential proclamation.

the right to intervene for the preservation of the government of the Commonwealth of the Philippine Islands and for the maintenance of the government as provided in the constitution thereof, and for the protection of life, property, and individual liberty and for the discharge of government obligations under and in accordance with the provisions of the constitution. (15) The authority of the United States High Commissioner to the

United States High Commissioner; authority recognized.

Post, p. 461.

government of the Commonwealth of the Philippine Islands, as provided in this Act, shall be recognized. (16) Citizens and corporations of the United States shall enjoy in

Civil rights.

the Commonwealth of the Philippine Islands all the civil rights of the citizens and corporations, respectively, thereof. (b) The constitution shall also contain the following provisions,

Additional Constitutional provisions.

effective as of the date of the proclamation of the President recognizing the independence of the Philippine Islands, as hereinafter provided: (1) That the property rights of the United States and the Philippine

Property rights to be safeguarded, etc.

Islands shall be promptly adjusted and settled, and that all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property rights of citizens of the Philippine Islands. (2) That the officials elected and serving under the constitution

Qualifications of constitutional officers

adopted pursuant to the provisions of this Act shall be constitutional officers of the free and independent government of the Philippine Islands and qualified to function in all respects as if elected directly under such government, and shall serve their full terms of office as prescribed in the constitution. (3) That the debts and liabilities of the Philippine Islands, its

Subsisting obligations to be assumed by new government.

Provinces, cities, municipalities, and instrumentalities, which shall be valid and subsisting at the time of the final and complete withdrawal of the sovereignty of the United States, shall be assumed by the free and independent government of the Philippine Islands;

Bonds.

and that where bonds have been issued under authority of an Act of Congress of the United States by the Philippine Islands, or any Province, city, or municipality therein, the Philippine government458

To constitute a first lien on taxes.

will make adequate provision for the necessary funds for the payment of interest and principal, and such obligations shall be a first lien on the taxes collected in the Philippine Islands. (4)

Treaty obligations to be assumed.

That the government of the Philippine Islands, on becoming independent of the United States, will assume all continuing obligationsassumed by the United States under the treaty of peace with Spain ceding said Philippine Islands to the United States. (5)

To be so embodied in a treaty with United States.

That by way of further assurance the government of the Philippine Islands will embody the foregoing provisions (except paragraph (2)) in a treaty with the United States.

submission of constitution to the president of the united states Sec. 3.

Submission of Constitution to the President of the United States.

Upon the drafting and approval of the constitution by the constitutional convention in the Philippine Islands, the constitution shall be submitted within two years after the enactment of this Act to the President of the United States, who shall determine whether or not it conforms with the provisions of this Act. If the President finds that the proposed constitution conforms substantially with the provisions of this Act he shall so certify to the Governor General of the Philippine Islands, who shall so advise the constitutional convention. If the President finds that the constitution does not conform with the provisions of this Act he shall so advise the Governor General of the Philippine Islands, stating wherein in his judgment theconstitution does not so conform and submitting provisions which will in his judgment make the constitution so conform. The Governor General shall in turn submit such message to the constitutional convention for further action by them pursuant to the same procedure hereinbefore defined, until the President and the constitutional convention are in agreement.

submission of constitution to filipino people Sec. 4.

Submission of Constitution to people.

After the President of the United States has certified that the constitution conforms with the provisions of this Act, it shall be submitted to the people of the Philippine Islands for their ratification or rejection at an election to be held within four months after the

Election to be held.

date of such certification, on a date to be fixed by the Philippine Legislature, at which election the qualified voters of the Philippine Islands shall have an opportunity to vote directly for or against the proposed constitution and ordinances appended thereto. Such election shall be held in such manner as may be prescribed by the Philippine Legislature, to which the return of the election shall be

Canvass of returns.

made. The Philippine Legislature shall by law provide for the canvassing of the return and shall certify the result to the Governor General of the Philippine Islands, together with a statement of the

Proclamation, for election of commonwealth officers, if independence favored.

votes cast, and a copy of said constitution and ordinances. If a majority of the votes cast shall be for the constitution, such vote shall be deemed an expression of the will of the people of the Philippine Islands in favor of Philippine independence, and the Governor General shall, within thirty days after receipt of the certification from the Philippine Legislature, issue a proclamation for the election of officers of the government of the Commonwealth

Time for election.

of the Philippine Islands provided for in the constitution. The election shall take place not earlier than three months nor later than six months after the proclamation by the Governor General ordering such election. When the election of the officers provided for under the constitution has been held and the results determined, the Governor General of the Philippine Islands shall certify the results of the election to the President of the United States, who shall there-459upon issue a proclamation announcing the results of the election, and upon the issuance of such proclamation by the President the

New government to enter on President’s proclamation.

existing Philippine government shall terminate and the new government shall enter upon its rights, privileges, powers, and duties, as provided under the constitution. The present government of the Philippine Islands shall provide for the orderly transfer of the functions of government.

If a majority of the votes cast are against the constitution, the

Existing government to continue, if vote be adverse.

existing government of the Philippine Islands shall continue without regard to the provisions of this Act.

transfer of property and rights to philippine commonwealth Sec. 5. All the property and rights which may have been acquired

Transfer of property and rights to Philippine Commonwealth.

in the Philippine Islands by the United States under the treaties mentioned in the first section of this Act, except such land or other

Post, p. 463.

property as has heretofore been designated by the President of the United States for Military and other reservations of the Government of the United States, and except such land or other property or rights or interests therein as may have been sold or otherwise disposed of in accordance with law, are hereby granted to the government of the Commonwealth of the Philippine Islands when constituted.

relations with the united states pending complete independence Sec. 6. After the date of the inauguration of the government of

Relations with United States pending complete independence.

Trade relations provisions.

Ante, p. 456.

the Commonwealth of the Philippine Islands trade relations between the United States and the Philippine Islands shall be as now provided by law, subject to the following exceptions: (a) There shall be levied, collected, and paid on all refined sugars

Sugars.

in excess of fifty thousand long tons, and on unrefined sugars in excess of eight hundred thousand long tons, coming into the United States from the Philippine Islands in any calendar year, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries. (b) There shall be levied, collected, and paid on all coconut oil

Coconut oil.

coming into the United States from the Philippine Islands in any calendar year in excess of two hundred thousand long tons, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries. (c) There shall be levied, collected, and paid on all yarn, twine,

Hard fibers, etc.

cord, cordage, rope and cable, tarred or untarred, wholly or in chief value of manila (abaca) or other hard fibers, coming into the United States from the Philippine Islands in any calendar year in excess of a collective total of three million pounds of all such articles hereinbefore enumerated, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries. (d) In the event that in any year the limit in the case of any

Duty-free export limitation.

article which may be exported to the United States free of duty shall be reached by the Philippine Islands, the amount or quantity of such articles produced or manufactured in the Philippine Islands thereafter that may be so exported to the United States free of duty

Export permits may issue for excess.

shall be allocated, under export permits issued by the government of the Commonwealth of the Philippine Islands, to the producers or manufacturers of such articles proportionately on the basis of their exportation to the United States in the preceding year; except that 460

Unrefined sugar.

in the case of unrefined sugar the amount thereof to be exported annually to the United States free of duty shall be allocated to the sugar-producing mills of the islands proportionately on the basis of their average annual production for the calendar years 1931, 1932,and 1933, and the amount of sugar from each mill which may be so exported shall be allocated in each year between the mill and the planters on the basis of the proportion of sugar to which the mill and

Allocation provisions.

the planters are respectively entitled. The government of the Philippine Islands is authorized to adopt the necessary laws and regulations for putting into effect the allocation hereinbefore provided. (e)

Graduated export taxes.

The government of the Commonwealth of the Philippine Islands shall impose and collect an export tax on all articles that may be exported to the United States from the Philippine Islands free of duty under the provisions of existing law as modified by the foregoing provisions of this section, including the articles enumerated in subdivisions (a), (b), and. (c), within the limitations therein specified, as follows: (1) During the sixth year after the inauguration of the new government the export tax shall be 5 per centum of the rates of dutywhich are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries; (2) During the seventh year after the inauguration of the new government the export tax shall be 10 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries; (3) During the eighth year after the inauguration of the new government the export tax shall be 15 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries; (4) During the ninth year after the inauguration of the new government the export tax shall be 20 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries; (5) After the expiration of the ninth year after the inauguration of the new government the export tax shall be 25 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries.

Sinking fund created therefrom, for liquidating indebtedness.

The government of the Commonwealth of the Philippine Islands shall place all funds received from such export taxes in a sinking fund, and such funds shall, in addition to other moneys available for that purpose, be applied solely to the payment of the principal and interest on the bonded indebtedness of the Philippine Islands, its Provinces, municipalities, and instrumentalities, until such indebtedness has been fully discharged.

“United States,” construed.

When used in this section in a geographical sense, the term “ United States ” includes all Territories and possessions of the United States, except the Philippine Islands, the Virgin Islands, American Samoa, and the island of Guam.

Sec. 7.

Provisions pending final withdrawal of American sovereignty.

Submission of Constitutional amendments.

Until the final and complete withdrawal of American sovereignty over the Philippine Islands—

(1) Every duly adopted amendment to the constitution of the government of the Commonwealth of the Philippine Islands shall be submitted to the President of the United States for approval. If the President approves the amendment or if the President fails to disapprove such amendment within six months from the time of461its submission, the amendment shall take effect as a part of such constitution. (2) The President of the United States shall have authority to

Authority conferred on the President.

suspend the taking effect of or the operation of any law, contract, or executive order of the government of the Commonwealth of the Philippine Islands, which in his judgment will result in a failure of the government of the Commonwealth of the Philippine Islands to fulfill its contracts, or to meet its bonded indebtedness and interest thereon or to provide for its sinking funds, or which seems likely to impair the reserves for the protection of the currency of the Philippine Islands, or which in his judgment will violate international obligations of the United States. (3) The Chief Executive of the Commonwealth of the Philippine

Reports.

Islands shall make an annual report to the President and Congress of the United States of the proceedings and operations of the government of the Commonwealth of the Philippine Islands and shall make such other reports as the President or Congress may request. (4)

The President shall appoint, by and with the advice and consent

United States High Commissioner to the Philippine Islands.

Appointment, authority, duties, etc.

Ante, p. 457.

of the Senate, a United States High Commissioner to the government of the Commonwealth of the Philippine Islands who shall hold office at the pleasure of the President and until his successor is appointed and qualified. He shall be known as the United States High Commissioner to the Philippine Islands. He shall be the representative of the President of the United States in the Philippine Islands and shall be recognized as such by the government ofthe Commonwealth of the Philippine Islands, by the commanding officers of the military forces of the United States, and by all civil officials of the United States in the Philippine Islands. He shall have access to all records of the government or any subdivision thereof, and shall be furnished by the Chief Executive of the Commonwealth of the Philippine Islands with such information as he shall request.

If the government of the Commonwealth of the Philippine IslandsReport of, upon failure of Commonwealth to meet obligations. fails to pay any of its bonded or other indebtedness or the interestthereon when due or to fulfill any of its contracts, the United States High Commissioner shall immediately report the facts to the President, who may thereupon direct the High Commissioner to take over the customs offices and administration of the same, administer the same, and apply such part of the revenue received there from as may be necessary for the payment of such overdue indebtedness or for the fulfillment of such contracts. The United States High Commissioner shall annually, and at such other times as the President may require, render an official report to the President and Congressof the United States. He shall perform such additional duties and functions as may be delegated to him from time to time by the President under the provisions of this Act.

The United States High Commissioner shall receive the same

Compensation, etc.

compensation as is now received by the Governor General of the Philippine Islands, and shall have such staff and assistants as the

Assistants, etc.

President may deem advisable and as may be appropriated for by Congress, including a financial expert, who shall receive for submissionto the High Commissioner a duplicate copy of the reports of the insular auditor. Appeals from decisions of the insular auditor may be taken to the President of the United States. The salaries and expenses of the High Commissioner and his staff and assistants shall be paid by the United States.

The first United States High Commissioner appointed under this

Inauguration.

Act shall take office upon the inauguration of the new government of the Commonwealth of the Philippine Islands.

462 (5) Resident Commissioner to United States. The government of the Commonwealth of the Philippine Islands shall provide for the selection of a Resident Commissioner Recognition, etc.to the United States, and shall fix his term of office. He shall be the representative of the government of the Commonwealth of the Philippine Islands and shall be entitled to official recognition as such by all departments upon presentation to the President of credentials signed by the Chief Executive of said government. He shall have a seat in the House of Representatives of the United States, with the right of debate, but without the right of voting.His salary and expenses shall be fixed and paid by the government of the Philippine Islands. Until a Resident Commissioner is selected and qualified under this section, existing law governing the appointment of Resident Commissioners from the Philippine Islands shall continue in effect. (6) U.S. Supreme Court; review of cases. Ante, p. 457. Review by the Supreme Court of the United States of cases from the Philippine Islands shall be as now provided by law; andsuch review shall also extend to all cases involving the constitution of the Commonwealth of the Philippine Islands.

Sec. 8. (a)

Immigration.

Post, p. 465.

Effective upon the acceptance of this Act by concurrent resolution of the Philippine Legislature or by a convention called for that purpose, as provided in section 17— (1)

Provisions governing.

Vol. 39, p. 874; Vol. 43, p. 153.

For the purposes of the Immigration Act of 1917, the Immigration Act of 1924 (except section 13(c)), this section, and allother laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens. For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the Territory of Hawaii who does not apply for and secure an immigration or passport visa, but such immigration shall be determined by the Department of the Interior on the basis of the needs of industries in the Territory of Hawaii. (2)

Admittance from Hawaii.

Citizens of the Philippine Islands who are not citizens of the United States shall not be admitted to the continental United Statesfrom the Territory of Hawaii (whether entering such Territory

Nonimmigrant class exceptions.

Vol. 43, p. 154.

Nonquota immigrants.

before or after the effective date of this section) unless they belong to a class declared to be nonimmigrants by section 3 of the Immigration Act of 1924 or to a class declared to be nonquota immigrants under the provisions of section 4 of such Act other than subdivision (c) thereof, or unless they were admitted to such Territory under an

Regulatory provisions.

immigration visa. The Secretary of Labor shall by regulations provide a method for such exclusion and for the admission of such excepted classes. (3)

Assignment of Foreign Service officer.

Any Foreign Service officer may be assigned to duty in the Philippine Islands, under a commission as a consular officer, for suchperiod as may be necessary and under such regulations as the Secretary of State may prescribe, during which assignment such officer shall be considered as stationed in a foreign country; but his powers and duties shall be confined to the performance of such of the official acts and notarial and other services, which such officer might properly perform in respect of the administration of the immigration laws if assigned to a foreign country as a consular officer, as may be authorized by the Secretary of State. (4)

Application of Immigration Act of 1917.

Vol. 39, pp. 887, 890.

For the purposes of sections 18 and 20 of the Immigration Act of 1917, as amended, the Philippine Islands shall be considered tobe a foreign country. (b) Additional provisions. The provisions of this section are in addition to the provisions of the immigration laws now in force, and shall be enforced as a463part of such laws, and all the penal or other provisions of such laws not inapplicable, shall apply to and be enforced in connection with the provisions of this section. An alien, although admissible under the provisions of this section, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than this section, and an alien, although admissible under the provisions of the immigration laws other than this section, shall not be admitted to the United States if he is excluded by any provision of this section. (c) Terms defined in the Immigration Act of 1924 shall, when

Terms defined.

Vol. 43, p. 168.

used in this section, have the meaning assigned to such terms in that Act.

Sec. 9. There shall be no obligation on the part of the United

Bonds and other obligations.

States to meet the interest or principal of bonds and other obligationsof the government of the Philippine Islands or of the Provincialand municipal governments thereof, hereafter issued duringthe continuance of United States sovereignty in the PhilippineIslands: Provided, That such bonds and obligations hereafter issued

Proviso.

Not tax-exempt.

shall not be exempt from taxation in the United States or by authority of the United States.

recognition of philippine independence and withdrawal of american sovereignty

Recognition of independence, etc.

Sec. 10. (a) On the 4th day of July immediately following the

Effective date.

expiration of a period of ten years from the date of the inauguration of the new government under the constitution provided for in this Act the President of the United States shall by proclamation

Withdrawal of sovereignty, etc.

withdraw and surrender all right of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States in and over the territory and people of the Philippine Islands, including all military and other reservations of the Government of the United States in the Philippines (except such naval

Naval, etc., reservations.

Ante, p. 459.

reservations and fueling stations as are reserved under section 5), and, on behalf of the United States, shall recognize the independence of the Philippine Islands as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution then in force. (b) The President of the United States is hereby authorized and

Negotiations respecting naval and fueling stations.

empowered to enter into negotiations with the government of the Philippine Islands, not later than two years after his proclamation recognizing the independence of the Philippine Islands, for the adjustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Philippine Islands, and pending such adjustment and settlement the matter of naval reservations and fueling stations shall remain in its present status.

neutralization of philippine islands Sec. 11. The President is requested, at the earliest practicable date,

Neutralization to be sought.

to enter into negotiations with foreign powers with a view to the conclusion of a treaty for the perpetual neutralization of the Philippine Islands, if and when Philippine independence shall have been achieved.

notification to foreign governments Sec. 12. Upon the proclamation and recognition of the independence

Recognition by foreign governments to be invited.

of the Philippine Islands, the President shall notify the governments464with which the United States is in diplomatic correspondence thereof and invite said governments to recognize the independence of the Philippine Islands.

tariff duties after independence Sec. 13.

Tariff duties after independence.

After the Philippine Islands have become a free and independent nation there shall be levied, collected, and paid upon allarticles coming into the United States from the Philippine Islands the rates of duty which are required to be levied, collected, and paid

Proviso.

Conference on trade relations to be held.

upon like articles imported from other foreign countries: Provided, That at least one year prior to the date fixed in this Act for the independence of the Philippine Islands, there shall be held a conference of representatives of the Government of the United States and the government of the Commonwealth of the Philippine Islands, such representatives to be appointed by the President of the United States and the Chief Executive of the Commonwealth of the Philippine Islands, respectively, for the purpose of formulating recommendations as to future trade relations between the Government of the United States and the independent government of the Philippine Islands, the time, place, and manner of holding such conference to be determined by the President of the United States; but nothing in this proviso shall be construed to modify or affect in any way any provision of this Act relating to the procedure leading up to Philippine independence or the date upon which the Philippine Islands shall become independent.

immigration after independence Sec. 14.

Immigration after independence.

Upon the final and complete withdrawal of American sovereignty over the Philippine Islands the immigration laws of the United States (including all the provisions thereof relating to persons ineligible to citizenship) shall apply to persons who were born in the Philippine Islands to the same extent as in the case of other foreign countries.

certain statutes continued in force Sec. 15.

Certain statutes continued in force.

Except as in this Act otherwise provided, the laws now or hereafter in force in the Philippine Islands shall continue in forcein the Commonwealth of the Philippine Islands until altered, amended, or repealed by the Legislature of the Commonwealth of the Philippine Islands or by the Congress of the United States, and all references in such laws to the government or officials of the Philippines or Philippine Islands shall be construed, insofar as applicable, to refer to the government and corresponding officials respectively of the Commonwealth of the Philippine Islands. Thegovernment of the Commonwealth of the Philippine Islands shall be deemed successor to the present government of the Philippine Islands and of all the rights and obligations thereof. Except as otherwise provided in this Act, all laws or parts of laws relating to the present government of the Philippine Islands and its administration are hereby repealed as of the date of the inauguration of the government of the Commonwealth of the Philippine Islands.

Sec. 16.

Saving clause.

If any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and the applicability of such provisions to other persons and circumstances shall not be affected thereby.

465

effective date Sec. 17. The foregoing provisions of this Act shall not take effect

Effective date.

until accepted by concurrent resolution of the Philippine Legislature or by a convention called for the purpose of passing upon that question as may be provided by the Philippine Legislature.

Approved, March 24, 1934.

Fixing the date for holding elections of a Delegate from Alaska to the House of Representatives and of members of the Legislature of Alaska; fixing the date on which the Legislature of Alaska shall hereafter meet; prescribing the personnel of the territorial canvassing board, defining its duties, and for other purposes. 48 Stat. 465 Chapter 86 1934-03-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 86.]

AN ACT Fixing the date for holding elections of a Delegate from Alaska to the House of Representatives and of members of the Legislature of Alaska; fixing the date on which the Legislature of Alaska shall hereafter meet; prescribing the personnel of the territorial canvassing board, defining its duties, and for other purposes.

March 26, 1934.

[H.R. 6185.]

[Public, No. 128.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the election

Alaska.

Date changed for election of Delegate to House of Representatives.

Vol. 34, p. 170; Vol. 37, p. 517.

of a Delegate from the Territory of Alaska to the House of Representatives provided for by the Act of Congress entitled “An Act providing for the election of a Delegate to the House of Representatives from the Territory of Alaska ”, approved May 7, 1906, as amended, and the election of the members of the Legislature of the Territory of Alaska, provided for by the Act of Congress entitled,“An Act to create a legislative assembly in the Territory of Alaska, to confer legislative power thereon, and for other purposes ”, approved August 24, 1912, shall hereafter be held on the second Tuesday in September in the year 1934, and every second year thereafter on the said second Tuesday in September.

Sec. 2. That the Legislature of the Territory of Alaska shall hereafter

Sessions of Legislature.

Vol. 37, p. 514.

convene at the capitol at the city of Juneau, Alaska, on the second Monday in January in the year 1935, and on the second Monday in January every two years thereafter.

Sec. 3.

That the canvassing board for the Territory of Alaska

Territorial canvassing board.

Composition, duties, etc.

created by the Act of Congress entitled “ An act providing for the election of a Delegate to the House of Representatives from the Territory of Alaska ”, approved May 7, 1906, shall hereafter consist of the Governor, the secretary of the Territory, and the collector of customs for Alaska. It shall be the duty of the said canvassing board to canvass and compile in writing the vote specified in the certificates of election returned to the Governor from the several election precincts in the Territory and to keep an accurate record

Accurate record to be kept.

of each voting precinct in the Territory and the date of its creation.

The said canvassing board shall commence the performance of its

Period of services.

duties at the office of the Governor within ten days after the second Tuesday in October in each year in which an election is held as hereinabove provided, and shall continue with such work from day to day until the same is completed. No packages containing election

Opening returns.

returns shall be opened until the canvass commences, at which time they shall be opened in public and in such manner and under such conditions, as nearly as possible, as to give all parties interested an opportunity to see the returns. In case it shall appear to the board that no election return, as herein prescribed, has been received by the Governor from any precinct in which an election has been held, the said board may accept in place thereof the certified copy of the certificate of election for such precinct received from the clerk of the court, and may canvass and compile the same with the other election returns. The canvassing board shall terminate the canvass and issue the certificates of election so soon as it is satisfied that no

Certifying names, where returns justify.

missing return would, if received, change the result of a canvass466

Treatment of missing returns.

based upon the returns at hand, but when the board has information that an election was held at any precinct from which no return has been received and which return, if received, the board has reason to believe will affect the result of the election, it shall be the duty of the board to await the arrival of such return until 4 o’clock postmeridian on the 10th day of December in the year during which the election is held, but no longer, and any return received after that time shall not be counted by the board.

Elections, provisions governing.

Upon the completion of the said canvass as herein provided, the said board shall declare the person who has received the greatest number of votes for the office for which he is a candidate elected to such office for the term for which he is elected, and shall issue and deliver to him in writing, under their hands and seals, a certificate of his election. It shall be the duty of the Governor to preserve all election returns carefully and inviolate, and, after the certificates of result have been canvassed, to replace the returns into the packages from which they were taken and carefully seal the same and preserve all such returns inviolate for at least two years thereafter, unless sooner called upon by the House of Representatives of Congress or some court or tribunal of competent jurisdiction to produce

Notice to be given.

the same for inspection. It shall also be the duty of the Governor to notify each successful candidate of his election, and to do so by the speediest means of communication.

Sec. 4.

Effect of existing laws.

Except as herein otherwise provided, all of the provisions of the Acts of May 7, 1906, and of August 24, 1912, hereinabove referred to, shall continue in full force and effect until altered,

Alterations, etc.

amended, or repealed by Congress. And any and all laws enacted by the Legislature of the Territory of Alaska pertaining to elections in said Territory shall remain in full force and effect until altered, amended, or repealed by the said Legislature or by Congress. That the Legislature of the Territory of Alaska shall have the power from time to time as the need therefor may arise, to change the date of general elections in the said Territory, including the date of election of a Delegate from the Territory of Alaska to the House of Representatives

Authority of territorial legislature.

and of the members of the territorial legislature; and that the Legislature of the Territory of Alaska shall also have the power by law to change from time to time the personnel of the canvassing board, the dates of its meetings, and may prescribe its duties.

Approved, March 26, 1934.

To authorize annual appropriations to meet losses sustained by officers and employees of the United States in foreign countries due to appreciation of foreign currencies in their relation to the American dollar, and for other purposes. 48 Stat. 466 Chapter 87 1934-03-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 87.]

AN ACT To authorize annual appropriations to meet losses sustained by officers and employees of the United States in foreign countries due to appreciation of foreign currencies in their relation to the American dollar, and for other purposes.

March 26, 1934.

[H.R. 7808.]

[Public, No. 129.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Foreign service officers and employees.

Annual appropriations authorized to meet losses, due to foreign currency appreciation.

Post, pp. 834, 1060.

That there are authorized to be appropriated annually such sums as may be necessary to enable the President, in his discretion and under such regulations as he may prescribe and notwithstanding the provisions of any other Act and upon recommendation of the Director of theBudget, to meet losses sustained on and after July 15, 1933, by officers, enlisted men, and employees of the United States while in service in foreign countries due to the appreciation of foreign currencies

To cover deficiencies in Treasurer’s accounts.

in their relation to the American dollar, and to cover any deficiency in the accounts of the Treasurer of the United States, including interest, arising out of the arrangement approved by the President on July 27, 1933, for the conversion into foreign currencies of checks467and drafts of officers, enlisted men, and employees for salaries and expenses: Provided, That such action as the President may take shall

Provisos.

Action of President binding.

be binding upon all executive officers of the Government: Provided further, That no payments authorized by this Act shall be made to

Restriction.

any officers, enlisted men, or employees for periods during which their checks or drafts were converted into foreign currencies under the arrangement hereinbefore referred to: Provided further, That allowances

Allowances herein not subject to income tax.

and expenditures pursuant to this Act shall not be subject to income taxes: And provided further, That the Director of the Budget

Report of expenditures to Congress.

shall report all expenditures made for this purpose to Congress annually with the Budget estimates.

Approved, March 26, 1934.

To repeal Federal liquor prohibition laws to the extent they are in force in the Territory of Hawaii. 48 Stat. 467 Chapter 88 1934-03-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 88.]

AN ACT To repeal Federal liquor prohibition laws to the extent they are in force in the Territory of Hawaii.

March 26, 1934.

[S. 2728.]

[Public, No. 130.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act

Hawaii.

Federal liquor laws in force in, repealed.

Vol. 40, p. 560.

U.S.C., p. 1601.

entitled “An Act to prohibit the sale, manufacture, and importation of intoxicating liquors in the Territory of Hawaii during the period of the war, except as hereinafter provided ”, approved May 23, 1918 (U.S.C., title 48, sec. 520), is repealed.

Sec. 2. Title II of the National Prohibition Act, as amended and

Other provisions repealed.

Vol. 41, p. 307.

Ante, p. 16.

supplemented, and the Act entitled “An Act to provide revenue by the taxation of certain nonintoxicating liquor, and for other purposes ”, approved March 22, 1933, except such provisions of such title and of such Act of March 22, 1933, as shall be retained in force and effect in the States, are repealed to the extent such title and such Act of March 22, 1933, are in force and effect in the Territory of Hawaii.

Sec. 3. Section 13 of the Revised Statutes (U.S.C., title 1, sec. 29)

Liabilities.

R.S., sec. 13, p. 2.

U.S.C., p. 2.

shall not apply with respect to any penalty, forfeiture, or liability incurred under any provision repealed by this Act.

Approved, March 26, 1934.

Making appropriations for the Department of Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1935, and for other purposes. 1934-03-26 89 Chapter 48 Stat. 467 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 89.]

AN ACT Making appropriations for the Department of Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1935, and for other purposes.

March 26, 1934.

[H. R. 8134.]

[Public, No. 131.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the following

Department of Agriculture, etc., appropriations, fiscal year 1935.

sums are appropriated, out of any money in the treasury not otherwise appropriated, for the Department of Agriculture and for the Farm Credit Administration for the fiscal year ending June 30, 1935, namely:

<num class="centered">TITLE I—</num><heading class="centered">DEPARTMENT OF AGRICULTURE</heading> <sidenote>Department of Agriculture.</sidenote> <appropriations level="major"> <heading>OFFICE OF THE SECRETARY</heading><sidenote>Secretary’s office.</sidenote> <appropriations level="small"> <heading>salaries</heading> <content>For the Secretary of Agriculture, Under Secretary of Agriculture, <sidenote>Secretary, Under Secretary, Assistant, and other personal services.</sidenote>$10,000, and there is hereby established in the Department of Agriculture the position of Under Secretary of Agriculture, to be appointed by the President, by and with the advice and consent of the <page identifier="/us/stat/48/468">468</page>Senate, and whose compensation shall be at the rate of $10,000 per annum, Assistant Secretary, and for other personal services in the <sidenote>Provisos.Salaries limited to average rates under Classification Act.Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.U.S.C., p. 65; Supp. VII, p. 34.Exception.</sidenote>District of Columbia, and elsewhere, $548,560: <proviso>Provided, That in expending appropriations or portions of appropriations contained in this Act for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the Assistant Secretary, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such <sidenote>Restriction not applicable to clerical-mechanical service.No reduction in fixed salaries.Vol. 42, p. 1490; U.S. C., p. 66.Transfers to another position without reduction.</sidenote>Act as amended</proviso>: <proviso>Provided further, That this restriction shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, or (2) to require the reduction in salary of any person whose compensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade, in the same or different bureau, office, or other <sidenote>Higher rates permitted.</sidenote>appropriation unit, (4) to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923 as <sidenote>If only one position in a grade.</sidenote>amended, and is specifically authorized by other law, or (5) to reduce the compensation of any person in a grade in which only one position <sidenote>Contracts for stenographic reporting.</sidenote>is allocated</proviso>: <proviso>Provided further, That the Secretary of Agriculture is authorized to contract for stenographic reporting services, and the appropriations made in this Act shall be available for such purposes</proviso>: <sidenote>Purchasing options on land.</sidenote><proviso>Provided further, That the Secretary of Agriculture is authorized to expend from appropriations available for the purchase of lands not to exceed $1 for each option to purchase any particular tract <sidenote>Allowances for living quarters abroad.</sidenote>or tracts of land</proviso>: <proviso>Provided further, That not to exceed $22,990 of the appropriations available for salaries and expenses of officers and employees of the Department of Agriculture permanently stationed in foreign countries may be used for payment of allowances for living quarters, including heat, fuel, and light, as authorized by the <sidenote>Vol. 46, p. 818.U.S.C., Supp. VII, p. 20.</sidenote>Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a), but the amount so used for any one person shall not exceed the amount permitted by law to be so used, during the fiscal year 1935, for any one person in the foreign service of the Department of Commerce</proviso>: <sidenote>Predicting future prices of cotton forbidden.</sidenote><proviso>Provided further, That no part of the funds appropriated by this Act shall be used for the payment of any officer or employee of the Department of Agriculture who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast with respect to future prices of cotton or the trend of same.</proviso></content> </appropriations> <appropriations level="small"> <heading>miscellaneous expenses, department of agriculture</heading> <sidenote>Department contingent expenses.</sidenote> <content>For stationery, blank books, twine, paper, gum, dry goods, soap, brushes, brooms, mats, oils, paints, glass, lumber, hardware, ice, furniture, carpets, and mattings; for freight, express charges, advertising and press clippings, telegraphing, telephoning, postage, washing towels; for the maintenance, repair, and operation of not to exceed three (including one for the Secretary of Agriculture, one for general utility needs of the entire Department, and one for the Forest Service) and purchase and exchange of one motor-propelled passenger-carrying vehicle, at a net cost of not to exceed $2,500, and <sidenote>Dispatch agent, New York.</sidenote>one motorcycle for official purposes only; for the payment of the Department of Agriculture’s proportionate share of the expense of the dispatch agent in New York; for official traveling expenses, <page identifier="/us/stat/48/469">469</page>including examination of estimates for appropriations in the field for any bureau, office, or service of the Department; and for other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department, which are authorized by such officer as the Secretary may designate, $115,048: <proviso>Provided, That the Secretary of Agriculture, during the <sidenote>Provisos.Maintenance of stationery, etc., stocks.</sidenote>fiscal year 1935, may maintain stocks of stationery, supplies, equipment, and miscellaneous materials sufficient to meet, in whole or in part, requirements of the bureaus and offices of the Department in the <sidenote>Maximum allotment.Available for miscellaneous expenses.</sidenote>city of Washington and elsewhere, but not to exceed in the allotment, aggregate, $200,000 in value at the close of the, fiscal year, and the appropriations made for such bureaus and offices for such stocks shall be available to reimburse the appropriation for miscellaneous expenses current at the time supplies are issued</proviso>: <proviso>Provided further, That the appropriations made hereunder shall be available for the <sidenote>Employees, handling, etc., supplies.</sidenote>payment of salaries of employees engaged in purchasing, storing, handling, packing, or shipping of supplies and blank forms, and the amount of such salaries shall be charged proportionately as a part of the cost of supplies issued, and in the case of blank forms and supplies not purchased from this appropriation the amount of such salaries shall be charged proportionately to the proper appropriation</proviso>: <proviso>Provided further, That the facilities of the central storehouse <sidenote>Use of central storehouse to avoid separate units.</sidenote>of the Department shall to the fullest extent practicable be used to make unnecessary the maintenance of separate bureau storehouse activities in the Department</proviso>: <proviso>Provided further, That a <sidenote>Segregation of transactions.</sidenote>separate schedule of expenditures, transfers of funds, or other transactions hereunder shall be included in the annual Budget</proviso>.</content> </appropriations> <appropriations level="small"> <heading>rent of buildings in the district of columbia</heading><sidenote>Rent.</sidenote> <content>For rent of buildings and parts of buildings in the District of <sidenote>Buildings in the District.</sidenote>Columbia, for use of the various bureaus, divisions, and offices of the Department of Agriculture, $63,000. Total, Office of the Secretary, $726,608.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>OFFICE OF INFORMATION</heading><sidenote>Information Office.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading> <content>For necessary expenses in connection with the publication, indexing, <sidenote>Salaries and expenses.</sidenote>illustration, and distribution of bulletins, documents, and reports, including labor-saving machinery and supplies, envelopes, stationery and materials, office furniture and fixtures, photographic equipment and materials, artists’ tools and supplies, telephone and telegraph service, freight and express charges; purchase and maintenance of bicycles; purchase of manuscripts; traveling expenses; electrotypes, illustrations, and other expenses not otherwise provided for, $323,641, of which not to exceed $308,394 may be used for personal services in the District of Columbia.</content> </appropriations> <appropriations level="small"> <heading>printing and binding</heading> <content>For all printing and binding for the Department of Agriculture, <sidenote>Printing and binding.</sidenote>including all of its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, $610,466, including the purchase of reprints of scientific and technical articles published in periodicals and journals; printing the proceedings of <sidenote>Report of 12th International Veterinary Congress.Report of Secretary.Vol. 28, p. 612; Vol. 34, p. 825. U.S.C., pp. 1421, 1429.</sidenote>the Twelfth International Veterinary Congress to be held in the United States during the fiscal year 1935, not to exceed $11,000; the Annual Report of the Secretary of Agriculture, as required by the Act approved January 12, 1895 (U.S.C., title 44, secs. 111, 212–220, <page identifier="/us/stat/48/470">470</page>222, 241, 244, 257), and in pursuance of the Joint Resolution Numbered 13, approved March 30, 1906 (U.S.C., title 44, secs. 214, 224), <sidenote>Farmers’ bulletins.</sidenote>and also including not to exceed $250,000 for farmers’ bulletins, which shall be adapted to the interests of the people of the different sections of the country, an equal proportion of four-fifths of which shall be delivered to or sent out under the addressed franks furnished by the Senators, Representatives, and Delegates in Congress, as they <sidenote>Exception.</sidenote>shall direct, but not including work done at the field printing plants of the Weather Bureau and the Forest Service authorized by the <sidenote>Vol. 40, p. 1270.U.S.C., pp. 1421, 1430.</sidenote>Joint Committee on Printing, in accordance with the Act approved March 1, 1919 (U.S.C., title 44, secs. 111, 220). Total, Office of Information, $934,107. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>LIBRARY, DEPARTMENT OF AGRICULTURE</heading><sidenote>Library.Salaries and expenses.</sidenote> <content>Salaries and expenses: For purchase and exchange of books of reference, law books, technical and scientific books, periodicals, and for expenses incurred in completing imperfect series; not to exceed $1,200 for newspapers, and when authorized by the Secretary of Agriculture for dues for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; for salaries in the city of Washington and elsewhere; for official traveling expenses, and for library fixtures, library cards, supplies, and for all other necessary expenses, $87,812, of which amount not to exceed $63,738 may be expended for personal services in the District of Columbia.</content> </appropriations> <appropriations level="major"> <heading>OFFICE OF EXPERIMENT STATIONS</heading> <sidenote>Experiment Stations Office.</sidenote> <appropriations level="small"> <heading>payments to states, hawaii, alaska, and puerto rico for agricultural experiment stations</heading> <sidenote>Support of stations.Vol. 24, p. 440.U.S.C., p. 115.Vol. 12, p. 503.U.S.C., p. 111.</sidenote> <content>To carry into effect the provisions of an Act approved March 2, 1887 (U.S.C., title 7, secs. 362, 363, 365, 368, 377–379), entitled “<shortTitle role="act">An Act to establish agricultural experiment stations in connection with the colleges established in the several States under the provisions of an Act approved July 2, 1862 (U.S.C., title 7, secs. 301–308), and of the Acts supplementary thereto</shortTitle>”, the sums apportioned to the several States, to be paid quarterly in advance, $720,000.<sidenote>Allotment of additional appropriations.Vol. 34, p. 63.U.S.C., p. 115.</sidenote> To carry into effect the provisions of an Act approved March 16, 1906 (U.S.C., title 7, sec. 369), entitled “<shortTitle role="act">An Act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditure thereof</shortTitle>”, and Acts supplementary thereto, the sums apportioned to the several States to be paid quarterly in advance, $720,000.<sidenote>Further allotments.Vol. 43, p. 970.U.S.C., p. 115.</sidenote> To carry into effect the provisions of an Act entitled “<shortTitle role="act">An Act to authorize the more complete endowment of agricultural experiment stations</shortTitle>”, approved February 24, 1925 (U.S.C., title 7, secs. 361, 366, 370, 371, 373–376, 380, 382), $2,880,000.<sidenote>Extending benefits to Hawaii.Vol. 45, p. 571.U.S.C., Supp. VII, p. 62.</sidenote> Hawaii: To carry into effect the provisions of an Act entitled “<shortTitle role="act">An Act to extend the benefits of certain Acts of Congress to the Territory of Hawaii</shortTitle>”, approved May 16, 1928 (U.S.C., Supp. VI, title 7, secs. 386–386b), $28,000.<sidenote>Extension work inAlaska.Vol. 45, p. 1256.U.S.C., Supp. VII, p. 62.</sidenote> Alaska: To carry into effect the provisions of an Act entitled “<shortTitle role="act">An Act to extend the benefits of the Hatch Act and the Smith-Lever Act to the territory of Alaska,</shortTitle>” approved February 23, 1929 (U.S.C., Supp. VI, title 7, sec. 386c), $15,000. <page identifier="/us/stat/48/471">471</page> Puerto Rico: To carry into effect the provisions of an Act <sidenote>Extending benefits toPuerto Rico.Vol. 46, p. 1520.U.S.C., Supp. VII, p. 62.</sidenote>entitled “<shortTitle role="act">An Act to coordinate the agricultural experiment station work and to extend the benefits of certain Acts of Congress to the Territory of Puerto Rico</shortTitle>”, approved March 4, 1931 (U.S.C., Supp. VI, title 7, secs. 386d-386f), $25,000. In all, payments to States, Hawaii, Alaska, and Puerto Rico for agricultural experiment stations, $4,388,000. </content> </appropriations> <appropriations level="small"> <heading>salaries and general expenses</heading><sidenote>Salaries and expenses.</sidenote> <content>To enable the Secretary of Agriculture to enforce the provisions <sidenote>Administration of stations, etc.Vol. 24, p. 440; Vol. 34, p. 63; Vol. 43, p. 970; Vol. 45, pp. 571, 1256; Vol. 46, p. 1520.U.S.C., p. 115; Supp. VII, p. 62.</sidenote>of the Acts approved March 2, 1887 (U.S.C., title 7, secs. 362, 363, 365, 368, 377–379), March 16, 1906 (U.S.C., title 7. secs. 369, 375), February 24, 1925 (U.S.C., title 7, secs. 361, 366, 370, 371, 373–376, 380, 382), May 16, 1928 (U.S.C., Supp. VI, title 7, secs. 386–386b), February 23, 1929 (U.S.C., Supp. VI, title 7, sec. 386c), and March 4, 1931 (U.S.C., Supp. VI, title 7, secs. 386d-386f), and Acts amendatory or supplementary thereto, relative to their administration and <sidenote>Territorial and insular possessions.</sidenote>for the administration of agricultural experiment stations in Hawaii and Puerto Rico, including the employment of clerks, assistants, and other persons in the city of Washington and elsewhere, freight and express charges, official traveling expenses, office fixtures, supplies, apparatus, telegraph and telephone service, gas, electric current, and <sidenote>Outside rent.Annual financial statements, forms.</sidenote>rent outside of the District of Columbia, $137,125; and the Secretary of Agriculture shall prescribe the form of the annual financial statement required under the above Acts, ascertain whether the expenditures are in accordance with their provisions, coordinate the work of the Department of Agriculture with that of the State agricultural colleges and experiment stations in the lines authorized in said Acts, and make report thereon to Congress. Insular experiment stations: To enable the Secretary of Agriculture <sidenote>Insular experiment stations.</sidenote>to establish and maintain agricultural experiment stations in Hawaii and Puerto Rico, including the erection of buildings, the preparation, illustration, and distribution of reports and bulletins, and all other necessary expenses, $64,977, as follows: $31,162 for <sidenote>Allotments.Sale of products; use of receipts.</sidenote>Hawaii, and $33,815 for Puerto Rico; and the Secretary of Agriculture is authorized to sell such products as are obtained on the land belonging to the agricultural experiment stations in Hawaii and Puerto Rico, and the amount obtained from the sale thereof shall be covered into the Treasury of the United States as miscellaneous receipts. In all, salaries and expenses, $202,102. Total, Office of Experiment Stations, $4,590,102, of which amount not to exceed $126,792 may be expended for personal services in the District of Columbia, and not to exceed $750 shall be available <sidenote>Vehicles for field work.</sidenote>for the purchase of motor-propelled and horse-drawn passenger-carrying vehicles necessary in the conduct of field work outside the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>EXTENSION SERVICE</heading><sidenote>Extension Service.</sidenote> <appropriations level="small"> <heading>payments to states, hawaii, and alaska</heading> <content>For cooperative agricultural extension work, to be allotted, paid, <sidenote>Cooperative extension work allotments.Vol. 38, p. 372; Vol. 45, pp. 571, 711.U.S.C., p. 114; Supp. VII, p. 61.</sidenote>and expended in the same manner, upon the same terms and conditions, and under the same supervision as the additional appropriations made by the Act of May 8, 1914 (U.S.C., title 7, secs. 341–348), entitled “<shortTitle role="act">An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July 2, 1862 (U.S.C., <page identifier="/us/stat/48/472">472</page>title 7. secs. 301–308), and of Acts supplementary thereto, and the United States Department of Agriculture</shortTitle>”, $1,580,000; and all sums appropriated by this Act for use for demonstration or extension <sidenote>Use as mutually agreed upon.</sidenote>work within any State shall be used and expended in accordance with plans mutually agreed upon by the Secretary of Agriculture and the proper officials of the college in such State which receives <sidenote>Proviso.County agents.</sidenote>the benefits of said Act of May 8, 1914: <proviso>Provided, That of the above appropriation not more than $300,000 shall be expended for purposes other than salaries of county agents</proviso>.<sidenote>Further cooperation with State colleges.Vol. 12, p. 503; Vol. 38, p. 372; Vol. 45, p. 711.U.S.C., p. 111; Supp. VII, p. 61.</sidenote> To enable the Secretary of Agriculture to carry into effect the provisions of the Act entitled “<shortTitle role="act">An Act to provide for the further development of agricultural extension work between the agricultural colleges in the several States receiving the benefits of the Act entitled ‘An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic arts’, approved July 2, 1862 (U.S.C., title 7, secs. 301–308), and all Acts supplementary thereto, and the United States Department of Agriculture</shortTitle>”, approved May 22, 1928 (U.S.C., Supp. VI, title 7, secs. 343a, 343b), $1,480,000.<sidenote>Extension work in Alaska.Vol. 45, p. 1256.U.S.C., Supp. VII, p. 62.</sidenote> Alaska: To enable the Secretary of Agriculture to carry into effect the provisions of the Act entitled “<shortTitle role="act">An Act to extend the benefits of the Hatch Act and the Smith-Lever Act to the Territory of Alaska</shortTitle>”, approved February 23, 1929 (U.S.C., Supp. VI. title 7, sec. 386c), $12,000.<sidenote>Additional cooperative extension work.</sidenote> Additional cooperative agricultural extension work: For additional cooperative agricultural extension work, including employment of specialists in economics and marketing, to be allotted and paid by the Secretary of Agriculture to the several States and the Territory of Hawaii in such amounts as he may deem necessary to accomplish such purposes, $1,000,000. In all, payments to States, Hawaii, and Alaska for agricultural extension work, $4,072,000. </content> </appropriations> <appropriations level="small"> <heading>salaries and general expenses</heading> <sidenote>Administrative expenses.</sidenote> <content>General administrative expenses: For necessary expenses for general administrative purposes, including personal services in the District of Columbia, $12,426.<sidenote>Farmers’ cooperative work.</sidenote> Farmers’ cooperative demonstration work: For farmers’ cooperative demonstration work, including special suggestions of plans and methods for more effective dissemination of the results of the work of the Department of Agriculture and the agricultural experiment stations and of improved methods of agricultural practice, at farmers’ institutes and in agricultural instruction, and for such work on Government reclamation projects, and for personal services in the city of Washington and elsewhere, supplies, and all other necessary <sidenote>Proviso.Voluntary contributions within State accepted.</sidenote>expenses, $684,648: <proviso>Provided, That the expense of such service shall be defrayed from this appropriation and such cooperative funds as may be voluntarily contributed by State, county, and municipal agencies, associations of farmers, and individual farmers, universities, colleges, boards of trade, chambers of commerce, other local associations of business men, business organizations, and individuals within the State</proviso>.<sidenote>Agricultural exhibits at fairs.</sidenote> Agricultural exhibits at fairs: To enable the Secretary of Agriculture to make suitable agricultural exhibits at State, interstate, and international fairs held within the United States; for the purchase of necessary supplies and equipment; for telephone and telegraph service, freight and express charges; for travel, and for every other expense necessary, including the employment of assistance in or outside the city of Washington, $66,510. <page identifier="/us/stat/48/473">473</page> Cooperative farm forestry: For cooperation with appropriate officials <sidenote>Cooperative farm forestry.</sidenote>of the various States or with other suitable agencies to assist the owners of farms in establishing, improving, and renewing wood <sidenote>Wood lots, etc.Timber crops.</sidenote>lots, shelter belts, windbreaks, and other valuable forest growth, and in growing and renewing useful timber crops under the provisions of section 5 of the Act entitled “<shortTitle role="act">An Act to provide for the protection <sidenote>Vol. 43, p. 654.U.S.C., p. 427.</sidenote>of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on lands chiefly suitable therefor</shortTitle>”, approved June 7, 1924 (U.S.C., title 16, secs. 564–570, including personal services in the District of Columbia, $51,354. In all, salaries and expenses, $814,938, of which amount not to <sidenote>Services in the District.</sidenote>exceed $405,946 may be expended for personal services in the District of Columbia. Total, Extension Service, $4,886,938. Grand total, office of the Secretary of Agriculture, $11,225,567. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>WEATHER BUREAU</heading><sidenote>Weather Bureau.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading><sidenote>General expenses.</sidenote> <content>For carrying into effect in the District of Columbia and elsewhere <sidenote>Classification of.</sidenote>in the United States, in the West Indies, in the Panama Canal, the Caribbean Sea, and on adjacent coasts, in the Hawaiian Islands, in Bermuda, and in Alaska the provisions of an Act approved <sidenote>Vol. 26, p. 653.U.S.C., p. 381.</sidenote>October 1, 1890 (U.S.C., title 15, secs. 311–313, 317), so far as they relate to the weather service transferred thereby to the Department of Agriculture, and the amendment thereof contained in section 5 (e) <sidenote>Air Service reports.Vol. 44, p. 571.U.S.C., Supp. VII, p. 262.</sidenote>of the Air Commerce Act of 1926 (U.S.C., Supp. VI, title 15, sec. 313), for the employment of professors of meteorology, district forecasters, local forecasters, meteorologists, section directors, observers, apprentices, operators, skilled mechanics, instrument makers, fore men, assistant foremen, proofreaders, compositors, pressmen, lithographers, folders and feeders, repair men, station agents, messengers, messenger boys, laborers, special observers, display men, and other necessary employees; for fuel, gas, electricity, freight and express <sidenote>Contingent expenses.</sidenote>charges, furniture, stationary,1<footnote><num value="1">1 </num>So in original.</footnote> ice, dry goods, twine, mats, oil, paints, glass, lumber, hardware, and washing towels; for advertising; for purchase, subsistence, and care of horses and vehicles, the purchase and repair of harness, for official purposes only; for instruments, shelters, apparatus, storm-warning towers and repairs thereto; for rent of offices; for repair, alterations, and improvements to existing buildings and care and preservation of grounds, including the construction of necessary outbuildings and sidewalks on public streets, abutting Weather Bureau grounds; and the erection of temporary buildings for living quarters of observers; for official traveling expenses; for telephone rentals, and for telegraphing, telephoning, <sidenote>Telegraphing, etc.</sidenote>and cabling reports and messages, rates to be fixed by the Secretary of Agriculture by agreement with the companies performing the service; for the maintenance and repair of Weather Bureau telegraph, telephone, and cable lines; and for every other expenditure <sidenote>Issuing forecasts and warnings.</sidenote>required for the establishment, equipment, and maintenance of meteorological offices and stations and for the issuing of weather forecasts and warnings of storms, cold waves, frosts, and heavy snows, the gaging and measuring of the flow of rivers and the issuing of river forecasts and warnings; for observations and reports relating to crops, and for other necessary observations and reports, <page identifier="/us/stat/48/474">474</page><sidenote>Cooperation with other bureaus, etc.</sidenote>including cooperation with other bureaus of the Government and societies and institutions of learning for the dissemination of meteorological information as follows:<sidenote>Chief of bureau, and office personnel.</sidenote> General administrative expenses: For necessary expenses for general administrative purposes, including the salary of chief of bureau and other personal services in the District of Columbia, $112,857.<sidenote>General weather service and research.</sidenote> General weather service and research: For necessary expenses incident to collecting and disseminating meteorological, climatological, and marine, information, and for investigations in meteorology, climatology, seismology, evaporation, and aerology in the District of <sidenote>Weather relationship to forest fires.Vol. 45, p. 701.U.S.C., Supp. VII, p. 327.International Meteorological Committee.</sidenote>Columbia and elsewhere, including $3,815 for investigations of the relationship of weather conditions to forest fires, under section 6 of the Act approved May 22, 1928 (U.S.C., Supp. VI, title 16, sec. 581e), $1,806,519, of which not to exceed $800 may be expended for the contribution of the United States to the cost of the office of the secretariat of the International Meteorological Committee, and not to exceed $10,000 may be expended for the maintenance of a printing office in the city of Washington for the printing of weather maps, <sidenote>Proviso.Printing restriction.</sidenote>bulletins, circulars, forms, and other publications: <proviso>Provided, That no printing shall be done by the Weather Bureau that can be done at the Government Printing Office without impairing the service of said Bureau</proviso>.<sidenote>Horticultural protection.</sidenote> Horticultural protection: For investigations, observations, and reports, forecasts, warnings, and advices for the protection of horticultural interests, $31,857.<sidenote>Aerological stations.</sidenote> Aerology: For the maintenance of stations for observing, measuring, and investigating atmospheric phenomena, including salaries and other expenses, in the city of Washington and elsewhere, $1,081,059. Total, Weather Bureau, $3,032,292, of which amount not to exceed $420,850 may be expended for personal services in the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>BUREAU OF ANIMAL INDUSTRY</heading> <sidenote>Animal Industry Bureau.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading> <sidenote>General expenses.Vol. 23, p. 31.U.S.C., pp. 117, 631.Vol. 26, p. 833.U.S.C., p. 1444.Vol. 26, p. 414; Vol. 32, p. 791.U.S.C., pp. 630, 631, 632.</sidenote> <content>For carrying out the provisions of the Act approved May 29, 1884 (U.S.C., title 7, sec. 391; title 21, secs. 112–119, 130), establishing a Bureau of Animal Industry, and the provisions of the Act approved March 3, 1891 (U.S.C., title 45, secs. 75, 76), providing for the safe transport and humane treatment of export cattle from the United States to foreign countries, and for other purposes; the Act approved August 30, 1890 (U.S.C., title 21. secs. 101–105), providing for the importation of animals into the United States, and for other purposes; and the provisions of the Act approved February <sidenote>Contagious diseases.Vol. 33 p. 1264.U.S.C., p. 633.</sidenote>2, 1903 (U.S.C., title 21, secs. 111–113, 120–122), to enable the Secretary of Agriculture to more effectually suppress and prevent the spread of contagious and infectious diseases of livestock, and for other purposes; and also the provisions of the Act approved <sidenote>Cattle quarantine.</sidenote>March 3, 1905 (U.S.C., title 21, secs. 123–128), to enable the Secretary of Agriculture to establish and maintain quarantine districts, to permit and regulate the movement of cattle and other livestock <sidenote>Twenty-eight hour law.Vol. 34, p. 607.U.S.C., p. 1444.</sidenote>therefrom, and for other purposes; and for carrying out the provisions of the Act of June 29, 1906 (U.S.C., title 45, secs. 71–74), entitled “<shortTitle role="act">An Act to prevent cruelty to animals while in transit by <sidenote>Animal viruses, etc.Vol. 37 p. 832U.S.C., p. 634.</sidenote>railroad or other means of transportation</shortTitle>”; and for carrying out the provisions of the Act approved March 4, 1913 (U.S.C., title 21, secs. 151–158), regulating the preparation, sale, barter, exchange, or shipment of any virus, serum, toxin, or analogous products manu-<page identifier="/us/stat/48/475">475</page>factured in the United States and the importation of such products intended for use in the treatment of domestic animals; and for <sidenote>Packers and Stockyards Act.Vol. 42, p. 159.U.S.C., p. 102.Collecting, etc., livestock information.</sidenote>carrying out the provisions of the Packers and Stockyards Act, approved August 15, 1921 (U.S.C., title 7, secs. 181–229); and to enable the Secretary of Agriculture to collect and disseminate information concerning livestock and animal products; to prepare and disseminate reports on animal industry; to employ and pay from <sidenote>Pay of employees.</sidenote>the apropriation 1<footnote><num value="1">1 </num>So in original.</footnote> herein made as many persons in the city of Washington or elsewhere as he may deem necessary; to purchase in the <sidenote>Tuberculin, serums, etc.</sidenote>open market samples of all tuberculin, serums, antitoxins, or analogous products, of foreign or domestic manufacture, which are sold in the United States, for the detection, prevention, treatment, or cure of diseases of domestic animals, to test the same, and to disseminate the results of said tests in such manner as he may deem best; to purchase and destroy diseased or exposed animals, including<sidenote>Purchase and destruction of diseased animals.Pleuropneumonia, etc.</sidenote>poultry, or quarantine the same whenever in his judgment essential to prevent the spread of pleuropneumonia, tuberculosis, contagious poultry diseases, or other diseases of animals from one State to another, as follows: General administrative expenses: For necessary expenses for general <sidenote>Chief of bureau, and office personnel.</sidenote>administrative purposes, including the salary of chief of bureau and other personal services in the District of Columbia, $162,185. Inspection and quarantine: For inspection and quarantine work, <sidenote>Inspection and quarantine work.</sidenote>including all necessary expenses for the eradication of scabies in sheep and cattle, the inspection of southern cattle, the supervision of the transportation of livestock, and the inspection of vessels, the execution of the twenty-eight hour law, the inspection and quarantine of imported animals, including the establishment and maintenance of quarantine stations and repairs, alterations, improvements, or additions to buildings thereon; the inspection work relative to the existence of contagious diseases, and the mallein testing of animals, $622,090. Eradicating tuberculosis: For investigating the diseases of tuberculosis <sidenote>Eradicating tuberculosis.</sidenote>and paratuberculosis of animals, and avian tuberculosis, for their control and eradication, for the tuberculin testing of animals, and for researches concerning the causes of the diseases, their modes of spread, and methods of treatment and prevention, including <sidenote>Methods, etc.</sidenote>demonstrations, the formation of organizations, and such other means as may be necessary, either independently or in cooperation with farmers, associations, or State, Territory, or county authorities, $4,042,179, of which $1,042,179 shall be set aside for administrative and operating expenses and $3,000,000 for the payment of indemnities: <proviso>Provided, That in carrying out the purpose of this <sidenote>Provisos.Indemnities for animals destroyed.</sidenote>appropriation, if in the opinion of the Secretary of Agriculture it mate destroyed, shall be necessary to condemn and destroy tuberculous or paratuberculous cattle, if such animals have been destroyed, condemned, or die after condemnation, he may, in his discretion, and in accordance with such rules and regulations as he may prescribe, expend in the city of Washington or elsewhere such sums as he shall determine to be necessary, within the limitations above provided, for the payment of indemnities, for the reimbursement of owners of such animals, in cooperation with such States, Territories, counties, or municipalities, <sidenote>Cooperation with States, etc.</sidenote>as shall by law or by suitable action in keeping with its authority in the matter, and by rules and regulations adopted and enforced in pursuance thereof, provide inspection of tuberculous or paratuberculous cattle and for compensation to owners of cattle so condemned, but no part of the money hereby appropriated shall be <page identifier="/us/stat/48/476">476</page>used in compensating owners of such cattle except in cooperation with and supplementary to payments to be made by State, Territory, county, or municipality where condemnation of such cattle shall take place, nor shall any payment be made hereunder as compensation for or on account of any such animal if at the time of inspection or test, or at the time of condemnation thereof, it shall belong to or be upon the premises of any person, firm, or corporation to which it has been sold, shipped, or delivered for the purpose of being <sidenote>Restriction on payments.</sidenote>slaughtered</proviso>: <proviso>Provided further, That out of the money hereby appropriated no payment as compensation for any cattle condemned for slaughter shall exceed one third of the difference between the appraised value of such cattle and the value of the salvage thereof; that no payment hereunder shall exceed the amount paid or to be paid by the State, Territory, county, and municipality where the animal shall be condemned; that in no case shall any payment hereunder be more than $25 for any grade animal or more than $50 for any purebred animal, and that no payment shall be made unless the owner has complied with all lawful quarantine regulations</proviso>.<sidenote>Eradicating cattle ticks.</sidenote> Eradicating cattle ticks: For all necessary expenses for the eradication of southern cattle ticks, $562,007, of which $150,000 shall <sidenote>Proviso.Limitation on purchases.</sidenote>be immediately available: <proviso>Provided, That, except upon the written order of the Secretary of Agriculture, no part of this appropriation shall be used for the purchase of animals or in the purchase of materials for or in the construction of dipping vats upon land not owned solely by the United States, except at fairs or expositions where the Department of Agriculture makes exhibits or demonstrations; nor shall any part of this appropriation be used in the purchase of materials or mixtures for use in dipping vats except in experimental or demonstration work carried on by the officials or agents of the Bureau of Animal Industry</proviso>.<sidenote>Animal husbandry.Feeding, breeding, etc., experiments.</sidenote> Animal husbandry. Animal husbandry: For all necessary expenses for investigations and experiments in animal husbandry; for experiments in animal feeding and breeding, including cooperation with the State agricultural experiment stations and other agencies, including repairs and additions to and erection of buildings absolutely necessary to carry on the experiments, including the employment of labor in the city of Washington and elsewhere, rent outside of the District of Columbia, <sidenote>Big Springs, Tex., demonstrations, etc.Condition.</sidenote>and all other necessary expenses, $592,675, including $12,500 for livestock experiments and demonstrations at Big Springs and/or elsewhere in Texas, to be available only when the State of Texas, or other cooperating agency in Texas shall have appropriated an equal amount or, in the opinion of the Secretary of Agriculture, shall have furnished its equivalent in value in cooperation for the <sidenote>Proviso.Poultry feeding, etc.</sidenote>same purpose during the fiscal year ending June 30, 1935: <proviso>Provided, That of the sum thus appropriated $148,430 may be used for experiments in poultry feeding and breeding</proviso>.<sidenote>Animal disease investigations.Beltsville, Md.Bethesda, Md., station</sidenote> Diseases of animals: For all necessary expenses for scientific investigations of diseases of animals, including the construction of necessary buildings at Beltsville, Maryland, the maintenance of the bureau experiment station at Bethesda, Maryland, and the necessary expenses for investigations of tuberculin, serums, antitoxins, and <sidenote>Proviso.Contagious abortion of animals.</sidenote>analogous products, $336,949: <proviso>Provided, That of said sum $68,480 may be used for researches concerning the cause, modes of spread, and methods of treatment and prevention of the disease of contagious abortion of animals</proviso>.<sidenote>Hog cholera investigations, etc.</sidenote> Eradicating hog cholera: For investigating the disease of hog cholera and related swine diseases, and for their control or eradication by such means as may be necessary, including demonstrations, the formation of organizations, and other methods, either inde-<page identifier="/us/stat/48/477">477</page>pendently or in cooperation with farmers’ associations, State or county authorities, $340,515: <proviso>Provided, That of said sum $198,263 <sidenote>Provisos.Regulating trade in viruses, etc.Vol. 37, p. 832.U.S.C., p. 634.</sidenote>shall be available for expenditure in carrying out the provisions of the Act approved March 4, 1913 (U.S.C., title 21, secs. 151–158), regulating the preparation, sale, barter, exchange, or shipment of any virus, serum, toxin, or analogous product manufactured in the United States and the importation of such products intended for use in the treatment of domestic animals</proviso>: <proviso>Provided further, That of said <sidenote>Pathological researches.</sidenote>sum $25,520 shall be available for researches concerning the cause, modes of spread, and methods of treatment and prevention of these diseases</proviso>. Eradicating dourine: For all necessary expenses for the investigation, <sidenote>Eradicating dourine.</sidenote>treatment, and eradication of dourine, $7,871. Packers and Stockyards Act: For necessary expenses in carrying <sidenote>Packers and Stockyards Act.Vol. 42, p. 159.U.S.C., p. 102.Provisos.Bonds from agencies and dealers.</sidenote>out the provisions of the Packers and Stockyards Act, approved August 15, 1921 (U.S.C., title 7, secs. 181–229), $307,493: <proviso>Provided, That the Secretary of Agriculture may require reasonable bonds from every market agency and dealer, under such rules and regulations as he may prescribe to secure the performance of their obligations, and whenever, after due notice and hearing, the Secretary finds <sidenote>Suspension for violation.</sidenote>any registrant is insolvent or has violated any provisions of said Act he may issue an order suspending such registrant for a reasonable specified period. Such order of suspension shall take effect within not less than five days, unless suspended or modified or set aside by the Secretary of Agriculture or a court of competent jurisdiction</proviso>: <proviso>Provided further, That the Secretary of Agriculture may, whenever necessary, authorize the charging and collection from owners of a <sidenote>Fee for inspecting brands.</sidenote>reasonable fee for the inspection of brands appearing upon livestock subject to the provisions of the said Act for the purpose of determining the ownership of such livestock</proviso>: <proviso>Provided further, That such <sidenote>Not imposed unless requested.</sidenote>fee shall not be imposed except upon written request made to the Secretary of Agriculture by the Board of Livestock Commissioners, or duly organized livestock association of the States from which such livestock have originated or been shipped to market</proviso>. In all, salaries and expenses, $6,973,964. </content> </appropriations> <appropriations level="small"> <heading>meat inspection</heading> <sidenote>Meat inspection.</sidenote> <content>For additional expenses in carrying out the provisions of the Meat <sidenote>Additional expenses.Vol. 34, pp. 674, 1260.U.S.C., p. 630.Equine meat.Vol. 41, p. 241.U.S.C., p. 630.</sidenote>Inspection Act of June 30, 1906 (U.S.C., title 21, sec. 95), as amended by the Act of March 4, 1907 (U.S.C., title 21, secs. 71–94), and as extended to equine meat by the Act of July 24, 1919 (U.S.C., title 21, sec. 96), including the purchase of tags, labels, stamps, and certificates printed in course of manufacture, $1,828,823.</content> </appropriations> <appropriations level="small"> <heading>eradication of foot-and-mouth and other contagious diseases of animals</heading> <sidenote>Contagious diseases of animals.</sidenote> <content>In case of an emergency arising out of the existence of foot-and-mouth <sidenote>Emergency, eradicating foot-and-mouth, etc., diseases.</sidenote>disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious disease of animals, which, in the opinion of the Secretary of Agriculture, threatens the livestock industry of the country, he may expend, in the city of Washington or elsewhere, any <sidenote>Use of balances.</sidenote>unexpended balances of appropriations heretofore made for this purpose in the arrest and eradication of any such disease, including the <sidenote>Payment for destroyed animals.</sidenote>payment of claims growing out of past and future purchases and destruction, in cooperation with the States, of animals affected by or exposed to, or of materials contaminated by or exposed to, any such disease, wherever found and irrespective of ownership, under like or substantially similar circumstances, when such owner has <page identifier="/us/stat/48/478">478</page><sidenote>Provisos.Appraisement based on meat, etc., value.</sidenote>complied with all lawful quarantine regulations: <proviso>Provided, That the payment for animals hereafter purchased may be made on appraisement based on the meat, dairy, or breeding value, but in case of appraisement based on breeding value no appraisement of any animal shall exceed three times its meat or dairy value, and, except in case of an extraordinary emergency, to be determined by the Secretary of Agriculture, the payment by the United States Government for any animals shall not exceed one half of any such appraisements</proviso>: <sidenote>Eradicating European fowl pest.Vol. 43, p. 682.</sidenote><proviso>Provided further, That the sum of $5,000 of the unexpended balance of the appropriation of $3,500,000, contained in the Second Deficiency Appropriation Act, fiscal year 1924, approved December 5, 1924, for the eradication of the foot-and-mouth disease and other contagious or infectious diseases of animals, is hereby made available during the fiscal year 1935 to enable the Secretary of Agriculture to control and eradicate the European fowl pest and similar diseases in poultry</proviso>.<sidenote>Services in the District.Vehicles.</sidenote> Total, Bureau of Animal Industry, $8,802,787, of which amount not to exceed $712,970 may be expended for departmental personal services in the District of Columbia, and not to exceed $48,480 shall be available for the purchase of motor-propelled and horse-drawn passenger-carrying vehicles necessary in the conduct of field work outside the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>BUREAU OF DAIRY INDUSTRY</heading><sidenote>Dairy Industry Bureau.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading><sidenote>General expenses.Investigations, etc.Vol. 43, p. 243.U.S.C., p. 117.</sidenote> <content>For carrying out the provisions of the Act approved May 29, 1924 (U.S.C., title 7, secs. 401–404), establishing a Bureau of Dairying, for salaries in the city of Washington and elsewhere, and for all other necessary expenses, as follows:<sidenote>Chief of bureau, and office personnel.</sidenote> General administrative expenses: For necessary expenses for general administrative purposes, including the salary of the chief of bureau and other personal services in the District of Columbia, $56,514.<sidenote>Investigations, demonstrations, etc.</sidenote> Dairy investigations: For conducting investigations, experiments, and demonstrations in dairy industry, cooperative investigations of the dairy industry in the various States, and inspection of renovated-butter factories, including repairs to buildings, not to exceed $5,000 for the construction of buildings, $503,348.<sidenote>Services in the District.</sidenote> Total, Bureau of Dairy Industry, $559,862, of which amount not to exceed $282,862 may be expended for personal services in the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>BUREAU OF PLANT INDUSTRY</heading><sidenote>Plant Industry Bureau.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading><sidenote>General expenses.Investigating fruits, plants, products, etc.</sidenote> <content>For all necessary expenses in the investigation of fruits, fruit trees, grain, cotton, tobacco, vegetables, grasses, forage, drug, medicinal, poisonous, fiber, and other plants and plant industries in cooperation with other branches of the department, the State experiment stations, and practical farmers, and for the erection of necessary farm buildings: <sidenote>Proviso.Limit for buildings.Field, etc., expenses.</sidenote><proviso>Provided, That the cost of any building erected shall not exceed $1,500; for field and station expenses, including fences, drains, and other farm improvements; for repairs in the District of Columbia and elsewhere; for rent outside of the District of Columbia; and for <sidenote>Employment of investigators, etc.</sidenote>the employment of all investigators, local and special agents, agricultural explorers, experts, clerks, illustrators, assistants, and all labor and other necessary expenses in the city of Washington and <page identifier="/us/stat/48/479">479</page>elsewhere required for the investigations, experiments, and demonstrations herein authorized as follows</proviso>: General administrative expenses: For necessary expenses for general <sidenote>Chief of bureau, and office personnel.</sidenote>administrative purposes, including the salary of chief of bureau and other personal services in the District of Columbia, $171,569. Arlington Farm: For continuing the necessary improvements to <sidenote>Arlington, Va., farm.</sidenote>establish and maintain a general experiment farm and agricultural station on the Arlington estate, in the State of Virginia, in accordance <sidenote>Vol. 31, p. 135.</sidenote>with the provisions of the Act of Congress approved April 18, 1900 (31 Stat., pp. 135,136), $44,469: <proviso>Provided, That the limitations <sidenote>Proviso.Cost limitation not applicable.</sidenote>in this Act as to the cost of farm buildings shall not apply to this paragraph</proviso>. Botany: For investigation, improvement, and utilization of wild <sidenote>Wild plants and grazing lands.</sidenote>plants and grazing lands, and for determining the distribution of weeds and means of their control, $33,816. Cereal crops and diseases: For the investigation and improvement <sidenote>Cereal crops and diseases, improvement, etc.</sidenote>of cereals, including corn, and methods of cereal production and for the study and control of cereal diseases, and for the investigation of the cultivation and breeding of flax for seed purposes, including a <sidenote>Flax, broomcorn, etc.</sidenote>study of flax diseases, and for the investigation and improvement of broomcorn and methods of broomcorn production, $415,048, Cotton production and diseases: For investigation of cotton production, <sidenote>Cotton production and diseases.</sidenote>including the improvement by cultural methods, breeding, acclimatization, adaptation, and selection, and for investigation and control of diseases, $173,092. Drug and related plants: For the investigation, testing, and <sidenote>Drug, etc., plants.</sidenote>improvement of plants yielding drugs, spices, poisons, oils, and related products and byproducts, $34,101. Dry-land agriculture: For the investigation and improvement of <sidenote>Dry land, etc., agriculture.</sidenote>methods of crop production under subhumid, semiarid, or dry-land conditions, $197,945: <proviso>Provided, That no part of this appropriation shall be used for the establishment of any new field station</proviso>. Experimental greenhouse maintenance: For maintenance and <sidenote>Experimental grounds, etc.</sidenote>operation of experimental greenhouses and adjacent experimental grounds and plots, $71,239. Forage crops and diseases: For the purchase, propagation, testing, <sidenote>Forage crops and diseases.</sidenote>and distribution of new and rare seeds; for the investigation and improvement of grasses, alfalfa, clover, and other forage crops, including the investigation and control of diseases, $174,596. Foreign plant introduction: For investigations in foreign seed <sidenote>Foreign seed and plant introduction.</sidenote>and plant introduction, including the study, collection, purchase, testing, propagation, and distribution of rare and valuable seeds, <sidenote>Rare, etc., seeds.</sidenote>bulbs, trees, shrubs, vines, cuttings, and plants from foreign countries and from our possessions, and for experiments with reference to their introduction and cultivation in this country, $218,297, of which $20,000 shall be immediately available. Forest pathology: For the investigation of diseases of forest and <sidenote>Forest pathology.</sidenote>ornamental trees and shrubs, including a study of the nature and habits of the parasitic fungi causing the chestnut-tree bark disease, the white-pine blister rust, and other epidemic tree diseases, for the purpose of discovering new methods of control and applying methods of eradication or control already discovered, and including $117,600 for investigations of diseases of forest <sidenote>Vol. 45, p. 701.U.S.C., Supp. VII, p. 327.</sidenote>products, under section 3 of the Act approved May 22, 1928 (U.S.C., Supp. VI, title 16, sec. 581b), $237,066. Fruit and vegetable crops and diseases: For investigation and <sidenote>Fruit and vegetable crops and diseases.</sidenote>control of diseases, for improvement of methods of culture, propagation, breeding, selection, and related activities concerned with the production of fruits, nuts, vegetables, ornamentals, and related <page identifier="/us/stat/48/480">480</page>plants, for investigation of methods of harvesting, packing, shipping, storing, and utilizing these products, and for studies of the physiological and related changes of such products during processes of marketing and while in commercial storage, $990,936.<sidenote>Genetics and biophysics, investigations.</sidenote> Genetics and biophysics: For biophysical investigations in connection with the various lines of work herein authorized, $28,753.<sidenote>Plant disease survey, etc.</sidenote> Mycology and disease survey: For mycological collections and the maintenance of a plant-disease survey, $39,342.<sidenote>National Arboretum.Vol. 44, p. 1422.U.S.C., Supp. VII, p. 461.</sidenote> National Arboretum: For the maintenance of the National Arboretum established under the provisions of the Act entitled “<shortTitle role="act">An Act authorizing the Secretary of Agriculture to establish a National Arboretum, and for other purposes</shortTitle>”, approved March 4, 1927 (U.S.C., Supp. VI, title 20, secs. 191–194), including the erection of buildings, salaries in the city of Washington and elsewhere, traveling expenses of employees and advisory council, and other necessary expenses, $4,146, of which such amounts as may be necessary may <sidenote>Landscape architects.</sidenote>Be expended by contract or otherwise for the services of consulting landscape architects without reference to the Classification Act of 1923, as amended, or civil service rules.<sidenote>Nematology.</sidenote> Nematology: For crop technological investigations, including the study of plant-infesting nematodes. $40,327.<sidenote>Plant nutrition.</sidenote> Plant nutrition: For plant-nutrition investigations, $14,660.<sidenote>Rubber, fiber, and other tropical plants.</sidenote> Rubber, fiber, and other tropical plants: For investigation of crops introduced from tropical regions, and for the improvement of rubber, abaca, and other fiber plants by cultural methods, breeding, acclimatization, adaptation, and selection, and for investigation of their diseases, and for determining the feasibility of increasing the production of hard fibers outside of the continental United States, $60,035.<sidenote>Seed investigations.Testing commercial seeds and grasses.</sidenote> Seed investigations: For studying and testing commercial seeds, including the testing or samples of seeds of grasses, clover, or alfalfa, and lawn-grass seeds secured in the open market, and where such samples are found to be adulterated or misbranded the results of <sidenote>Preventing admission, etc.Vol. 37, p. 506; Vol. 44, p. 325.U.S.C., p. 95; Supp. VII, p. 57.</sidenote>the tests shall be published, together with the names of the persons by whom the seeds were offered for sale, and for carrying out the provisions of the Act approved August 24, 1912 (U.S.C., title 7, secs. 111–114), entitled “An Act to regulate foreign commerce by prohibiting the admission into the United States of certain adulterated grain <sidenote>Proviso.International Seed Testing Congress.</sidenote>and seeds unfit for seeding purposes”, $61,509: <proviso>Provided, That not to exceed $250 of this amount may be used for meeting the share of the United States in the expenses of the International Seed Testing Congress in carrying out plans for correlating the work of the various adhering governments on problems relating to seed analysis or other subjects which the congress may determine to be necessary in the interest of international seed trade</proviso>.<sidenote>Sugar Plant investigations.</sidenote> Sugar-plant investigations: For sugar-plant investigations, including studies of diseases and the improvement of sugar beets and sugar beet seed, $295,303.<sidenote>Tobacco investigations.</sidenote> Tobacco investigations: For the investigation and improvement of tobacco and the methods of tobacco production and handling, $69,245.<sidenote>Western irrigation agriculture.Utilizing reclaimed lands.</sidenote> Western irrigation agriculture: For investigations in connection with western irrigation agriculture, the utilization of lands reclaimed under the Reclamation Act, and other areas in the arid and semiarid regions, $100,848, and in addition thereto $12,000 of the unexpended balance for this purpose for the fiscal year 1933 is continued available for the same purpose for the fiscal year 1935.<sidenote>Services in the District.</sidenote> Total, Bureau of Plant Industry, $3,476,342, of which amount not to exceed $1,435,137 may be expended for personal services in the District of Columbia and not to exceed $3,750 shall be available <page identifier="/us/stat/48/481">481</page>for the purchase of motor-propelled and horse-drawn passenger-vehicles carrying <sidenote>Vehicles.</sidenote>vehicles necessary in the conduct of field work outside the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>FOREST SERVICE</heading> <sidenote>Forest Service.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading><sidenote>General expenses.</sidenote> <content>To enable the Secretary of Agriculture to experiment and to make <sidenote>Experiments, etc.</sidenote>and continue investigations and report on forestry, national forests, forest fires, and lumbering, but no part of this appropriation shall be used for any experiment or test made outside the jurisdiction of <sidenote>Restricted to United States.</sidenote>the United States; to advise the owners of woodlands as to the proper care of the same; to investigate and test American timber and timber trees and their uses, and methods for the preservative treatment of timber; to seek, through investigations and the planting of native and foreign species, suitable trees for the treeless regions; to erect necessary buildings: <proviso>Provided, That the cost of any building purchased, <sidenote>Provisos.Cost of buildings.</sidenote>erected, or as improved, exclusive of the cost of constructing a water-supply or sanitary system and of connecting the same with any such building, and exclusive of the cost of any tower upon which a lookout house may be erected, shall not exceed $2,500; to pay all <sidenote>Protecting, etc., national forests.</sidenote>expenses necessary to protect, administer, and improve the national forests, including tree planting in the forest reserves to prevent erosion, drift, surface wash, and soil waste and the formation of floods, and including the payment of rewards under regulations of the Secretary of Agriculture for information leading to the arrest and conviction for violation of the laws and regulations relating to fires in or near national forests, or for the unlawful taking of, or injury to, Government property; to ascertain the natural conditions upon and utilize the national forests, to transport and care for fish <sidenote>Care of fish and game.</sidenote>and game supplied to stock the national forests or the waters therein; to employ agents, clerks, assistants, and other labor required in practical forestry and in the administration of national forests in the city of Washington and elsewhere; to collate, digest, report, and illustrate the results of experiments and investigations made by the Forest Service; to purchase necessary supplies, apparatus, office fixtures, <sidenote>Supplies, etc.</sidenote>law books, reference and technical books and technical journals for officers of the Forest Service stationed outside of Washington, and for medical supplies and services and other assistance necessary for the immediate relief of artisans, laborers, and other employees engaged in any hazardous work under the Forest Service</proviso>: <proviso>Provided further, That the appropriations for the work of the Forest Service <sidenote>Warehouse maintenance.</sidenote>shall be available for meeting the expenses of warehouse maintenance and the procurement, care, and handling of supplies and materials stored therein for distribution to projects under the supervision of the Forest Service and for sale and distribution to other Government activities, the cost of such supplies and materials, including the cost of supervision, transportation, and handling, to be reimbursed to appropriations current at the time additional supplies and materials are procured for warehouse stocks from the appropriations chargeable with the cost of stock issued; to pay freight, express, telephone, and telegraph charges; for electric light and power, fuel, gas, ice, and washing towels, and official traveling and other necessary expenses, including traveling expenses for legal and fiscal officers while performing Forest Service work; and for rent <sidenote>Outside rent.</sidenote>outside of the District of Columbia, as follows</proviso>: General administrative expenses: For necessary expenses for general <sidenote>Chief Forester and office personnel.</sidenote>administrative purposes, including the salary of the Chief Forester and other personal services in the District of Columbia, $258,092. </content> </appropriations> <page identifier="/us/stat/48/482">482</page> <appropriations level="small"> <heading>national forest administration</heading> <sidenote>National forests.Forest supervisors, rangers, guards, etc.</sidenote> <content>For the employment of forest supervisors, deputy forest supervisors, forest rangers, forest guards, and administrative clerical assistants on the national forests, and for additional salaries and field-station expenses, including the maintenance of nurseries, collecting seed, and planting, necessary for the use, maintenance, improvement, and protection of the national forests, and of additional <sidenote>Vol. 36, p. 963; Vol. 43, p.653; U.S.C., pp. 418–428.</sidenote>national forests created or to be created under section 11 of the Act of March 1, 1911 (U.S.C., title 16, sec. 521), and under the Act of June 7, 1924 (U.S.C., title 16, secs. 471, 499, 505, 564–570), and lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted for the purposes <sidenote>Expenses allotted.</sidenote>of said Acts, and for necessary miscellaneous expenses incident to the general administration of the Forest Service and of the national forests: In national forest region 1, Montana, Washington, Idaho, and <sidenote>Proviso. Care of graves of firefighters.</sidenote>South Dakota, $984,763: <proviso>Provided, That the Secretary of Agriculture is authorized to use not to exceed $200 in caring for the graves of fire fighters buried at Wallace, Idaho; Newport, Washington; and Saint Maries, Idaho</proviso>; In national forest region 2, Colorado, Wyoming, South Dakota, <sidenote>Proviso. Long-horned cattle, Wichita National Forest.</sidenote>Nebraska, and Oklahoma, $554,655: <proviso>Provided, That not to exceed $1,000 of this appropriation may be expended for the maintenance of the herd of long-horned cattle on the Wichita National Forest;</proviso> In national forest region 3, Arizona and New Mexico, $566,390; In national forest region 4, Utah, Idaho, Wyoming, Nevada, and Colorado, $764,409; In national forest region 5, California and Nevada, $1,038,069; In national forest region 6, Washington, Oregon, and California, $1,030,164; In national forest region 7, Arkansas, Alabama, Florida, Georgia, South Carolina, North Carolina, Pennsylvania, Tennessee, Virginia, West Virginia, New Hampshire, Maine, Puerto Rico, Kentucky, Louisiana, Mississippi, Oklahoma, Texas, and Vermont, $438,488; In national forest region 8, Alaska, $100,032; In national forest region 9, Michigan, Minnesota, Illinois, Iowa, Missouri, and Wisconsin, $141,383;<sidenote>Aggregate.</sidenote> In all, for the use, maintenance, improvement, protection, and general <sidenote>Provisos.Interchangeable funds for fire protection.</sidenote>administration of the national forests, $5,618,353: <proviso>Provided, That the foregoing amounts appropriated for such purposes shall be available interchangeably in the discretion of the Secretary of Agriculture for the necessary expenditures for fire protection and <sidenote>Limitation.</sidenote>other unforeseen exigencies</proviso>: <proviso>Provided further, That the amounts so interchanged shall not exceed in the aggregate 10 per centum of all the amounts so appropriated</proviso>.<sidenote>Fighting forest fires.</sidenote> Fighting forest fires: For fighting and preventing forest fires on or threatening the national forests and for the establishment and maintenance of a patrol to prevent trespass and to guard against and <sidenote>Revested Oregon-California lands, etc.Vol. 39, p. 218.Coos Bay Wagon Road lands.</sidenote>check fires upon the lands revested in the United States by the Act approved June 9, 1916 (39 Stat., p. 218), and the lands known as the Coos Bay Wagon Road lands involved in the case of Southern Oregon Company against United States (numbered 2711), in the Circuit Court of Appeals of the Ninth Circuit, $100,000, which amount shall be immediately available.<sidenote>Classification of lands for homestead entries, etc.</sidenote> Classification of lands: For the selection, classification, and segregation of land within the boundaries of national forests that may be opened to homestead settlement and entry under the homestead laws applicable to the national forests; for the examination and appraisal <page identifier="/us/stat/48/483">483</page>of lands in effecting exchanges authorized by law and for the survey thereof by metes and bounds or otherwise, by employees of the Forest Service, under the direction of the Commissioner of the General Land Office; and for the survey and platting of certain lands, chiefly valuable <sidenote>Surveying, etc., agricultural lands in national forests.Vol. 30, p. 1097; Vol. 34, p. 233; Vol. 37, pp. 287, 842.U.S.C., pp. 421–424.</sidenote>for agriculture, now listed or to be listed within the national forests, under the Act of June 11 1906 (U.S.C., title 16, secs. 506–509), the Act of August 10, 1912 (U.S.C., title 16, sec. 506), and the Act of March 3, 1899 (U.S.C., title 16, sec. 488), as provided by the Act of March 4, 1913 (U.S.C., title 16, sec. 512), $30,910. </content> </appropriations> <appropriations level="small"> <heading>forest research</heading> <sidenote>Forest research.</sidenote> <content>For forest research in accordance with the provisions of sections <sidenote>Development of timber, etc.Vol. 45, p. 699.U.S.C., Supp. VII, p. 326.</sidenote>1, 2, 7, 8, 9, and 10 of the Act entitled “<shortTitle role="act">An Act to insure adequate supplies of timber and other forest products for the people of the United States, to promote the full use for timber growing and other purposes of forest lands in the United States, including farm wood lots and those abandoned areas not suitable for agricultural production, and to secure the correlation and the most economical conduct of forest research in the Department of Agriculture through research in reforestation, timber growing, protection, utilization, forest economics, and related subjects</shortTitle>”, approved May 22, 1928 (U.S.C., Supp. VI. title 16, secs. 581, 581a, 581f-581i), as follows: Forest management: Fire, silvicultural, and other forest investigations <sidenote>Forest management.Vol. 45, p. 700.</sidenote>and experiments under section 2, at forest experiment stations or elsewhere, $392,810. Range investigations: Investigations and experiments to develop <sidenote>Management of ranges, etc.Vol. 45, p. 701.</sidenote>improved methods of management of forest and other ranges under section 7, at forest or range experiment stations or elsewhere. $81,025. Forest products: Experiments, investigations, and tests of forest <sidenote>Forest products experiments.Vol. 45, p. 701.</sidenote>products under section 8, at the Forest Products Laboratory, or elsewhere, $459,725. Forest economics: Investigations in forest economics under section 10, $48,493.<sidenote>Forest economics.Vol. 45, p. 702.</sidenote> In all, salaries and expenses, $6,989,408; and in addition thereto <sidenote>Aggregate; additional, from cooperative forest fund contributions.Vol. 43, p. 1132.U.S.C., p. 428.</sidenote>there are hereby appropriated all moneys received as contributions toward cooperative work under the provisions of section 1 of the Act approved March 3, 1925 (U.S.C., title 16, sec. 572), which funds shall be covered into the Treasury and constitute a part of the special funds provided by the Act of June 30, 1914 (U.S.C., title 16, <sidenote>Vol. 38, p. 430.U.S.C., p. 422.Provisos.Services in the District.International Union of Forest Research Stations, contribution.</sidenote>sec. 498): <proviso>Provided, That not to exceed $397,240 may be expended for departmental personal services in the District of Columbia</proviso>: <proviso>Provided further, That not to exceed $1,000 may be expended for the contribution of the United States to the cost of the office of the secretariat of the International Union of Forest Research Stations</proviso>. </content> </appropriations> <appropriations level="small"> <heading>forest-fire cooperation</heading><sidenote>Forest Are prevention.</sidenote> <content>For cooperation with the various States or other appropriate <sidenote>Cooperation with States, etc.,Post, p. 1031.</sidenote>agencies in forest-fire prevention and suppression and the protection of timbered and cut-over lands in accordance with the provisions of sections 1, 2, and 3 of the Act entitled “<shortTitle role="act">An Act to provide <sidenote>Vol. 43, p. 653.U.S.C., p. 427.</sidenote>for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote continuous production of timber on lands chiefly valuable therefor</shortTitle>”, approved June 7, 1924 (U.S.C., title 16, secs. 564–570), as amended, including also the study of the effect of tax laws <sidenote>Tax laws and timber insurance.</sidenote>and the investigation of timber insurance as provided in section 3 <page identifier="/us/stat/48/484">484</page><sidenote>Services in the District.Supplies and equipment.</sidenote>of said Act, $1,348,619, of which $23,859 shall be available for departmental personal services in the District of Columbia and not to exceed $1,500 for the purchase of supplies and equipment required for the purposes of said Act in the District of Columbia.</content> </appropriations> <appropriations level="small"> <heading>cooperative distribution of forest planting stock</heading> <sidenote>Forest planting stock.Cooperation with States, etc., in reforestation.</sidenote> <content>For cooperation with the various States in the procurement, production, and distribution of forest-tree seeds and plants in establishing windbreaks, shelter belts, and farm wood lots upon denuded or nonforested lands within such cooperating States, under the provisions <sidenote>Vol. 43, p. 654.U.S.C., p. 427.</sidenote>of section 4 of the Act entitled “<shortTitle role="act">An Act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on lands chiefly suitable therefor</shortTitle>”, approved June 7, 1924 (U.S.C., title 16, sec. 567), and <sidenote>Services in the District.</sidenote>Acts supplementary thereto, $56,296, of which amount not to exceed $1,661 may be expended for departmental personal services in the District of Columbia.<sidenote>Vehicles.</sidenote> Total, Forest Service, $8,394,323, of which amount not to exceed $32,005 shall be available for the purchase of motor-propelled and horse-drawn passenger-carrying vehicles necessary in the conduct <sidenote>Motor vehicles for road construction service.Vol. 42, p. 217.U.S.C., pp. 667, 668.</sidenote>of field work outside the District of Columbia, and in addition there is authorized for expenditure from funds provided for carrying out the provisions of the Federal Highway Act of November 9, 1921 (U.S.C., title 23, secs. 21, 23), not to exceed $5,085 for the purchase of motor-propelled passenger-carrying vehicles for use by the Forest Service in the construction and maintenance of national forest roads. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>BUREAU OF CHEMISTRY AND SOILS</heading> <sidenote>Chemistry and Soils Bureau.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading> <sidenote>Investigations, demonstrations, etc.</sidenote> <content>For all necessary expenses connected with the investigations, experiments, and demonstrations hereinafter authorized, independently or in cooperation with other branches of the Department of Agriculture, other departments or agencies of the Federal Government, States, State agricultural experiment stations, universities and other State agencies and institutions, counties, municipalities, business or other organizations and corporations, individuals, associations, <sidenote>Employees, etc.</sidenote>and scientific societies, including the employment of necessary persons and means in the city of Washington and elsewhere; rent outside the District of Columbia, and other necessary supplies and expenses, and for erection, alteration, and repair of buildings outside of the District of Columbia at a total cost not to exceed $5,000, as follows:<sidenote>Chief of bureau, and office personnel.</sidenote> General administrative expenses: For necessary expenses for general administrative purposes, including the salary of chief of bureau and other personal services in the District of Columbia, $84,402.<sidenote>Chemical investigations.Vol. 12, p. 387.U.S.C., p. 56.</sidenote> Agricultural chemical investigations: For conducting the investigations contemplated by the Act of May 15, 1862 (U.S.C., title 5, secs. 511, 512), relating to the application of chemistry to agriculture: <sidenote>Biological, etc., investigations.</sidenote>for the biological, chemical, physical, microscopical, and technological investigation of foods, feeds, drugs, and insecticides and substances used in the manufacture thereof, including investigations of the <sidenote>Methods of sugar manufacture, etc.</sidenote>physiological effects of such products; for the investigation and development of methods for the manufacture of sugars and sugar sirups and the utilization of new agricultural materials for such <page identifier="/us/stat/48/485">485</page>purposes; for investigation of the action and changes produced by microorganisms, including molds and fungi; for investigation and <sidenote>Utilizing wastes.</sidenote>development of methods for the utilization of agricultural wastes and residues, in cooperation with the Bureau of Standards, Department of Commerce, without duplication of work; for investigation and development of methods for the prevention of heating of agricultural products and the prevention of farm fires and fires in cotton gins, cotton-oil mills, grain elevators, and other structures, and to cooperate with associations and scientific societies in the <sidenote>Cooperation with scientific societies, etc.</sidenote>development of methods of analysis, $304,870. Color investigations: For investigation and experiment in the <sidenote>Utilizing raw materials for colorants.</sidenote>utilization, for coloring, medicinal, and technical purposes, of raw materials grown or produced in the United States, $63,255. Insecticide and fungicide investigations: For the investigation and development of methods of manufacturing insecticides and fungicides, and for investigating chemical problems relating to the composition, action, and application of insecticides and fungicides, $87,920. Plant dust explosions: For the investigation and development <sidenote>Plant dust explosions.Methods for preventing.</sidenote>of methods for the prevention of grain-dust, smut-dust, and other dust explosions not otherwise provided for and resulting fires, including fires in cotton gins, cotton-oil mills, and grain elevators, $31,612. Naval stores investigations: For the investigation and demonstration <sidenote>Naval stores investigations.</sidenote>of improved methods or processes of preparing naval stores, the weighing, handling, transportation, and the uses of same, $57,165. Fertilizer investigations: For investigations within the United <sidenote>Fertilizers.</sidenote>States of fertilizers, fertilizer ingredients, including phosphoric acid and potash, and other soil amendments and their suitability for agricultural use, $246,071. Soil chemical and physical investigations: For chemical, physical, <sidenote>Soil types, composition, etc., investigations.</sidenote>and physical-chemical investigations of soil types, soil composition, and soil minerals, the soil solution, solubility of soil, and all chemical and physical properties of soils in their relation to soil formation, soil texture, erosibility, and soil productivity, $47,879. Soil survey: For the investigation of soils and their origin, for <sidenote>Cooperative soil survey.</sidenote>survey of the extent of classes and types, and for indicating upon maps and plats, by coloring or otherwise, the results of such investigations and surveys, $192,391. Soil microbiology investigations: For investigations of the microorganisms <sidenote>Soil microbiology investigations.</sidenote>of the soil and their activities, including the testing of samples procured in the open market, of cultures for inoculating legumes, other crops, or soil, and the publication of results, and if any such samples are found to be impure, nonviable, or misbranded, the results of the tests may be published, together with the names of the manufacturers and of the persons by whom the cultures were offered for sale, $36,765. Soil-fertility investigations: For soil investigations into causes <sidenote>Soil fertility investigations.</sidenote>of infertility; maintenance of productivity; effects of soil composition, cultural methods, fertilizers, and soil amendments on yield and quality of crops; and the properties, composition, formation, and transformation of soil organic matter, $159,368. Total, Bureau of Chemistry and Soils, $1,311,698, of which amount <sidenote>Services in the District.</sidenote>not to exceed $940,800 may be expended for personal services in the District of Columbia, and not to exceed $590 shall be available for <sidenote>Vehicles.</sidenote>the purchase of motor-propelled and horse-drawn passenger-carrying vehicles necessary in the conduct of field work outside the District of Columbia. </content> </appropriations> </appropriations> <page identifier="/us/stat/48/486">486</page> <appropriations level="major"> <heading>BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE</heading><sidenote>Entomology and Plant Quarantine Bureau.General expenses.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading> <sidenote>Investigations, etc., of insects.</sidenote> <content>For necessary expenses connected with investigations, experiments, and demonstrations for the promotion of economic entomology, for investigating and ascertaining the best means of destroying insects and related pests injurious to agriculture, for investigating and importing useful and beneficial insects and bacterial, fungal, and other diseases of insects and related pests, for investigating and ascertaining the best means of destroying insects affecting man and animals, <sidenote>Plant Quarantine Act, enforcement.Vol. 37, p. 315; Vol. 39, p. 1165; Vol. 44, p. 250.U.S.C., p. 99; Supp. VII, p. 59.</sidenote>to enable the Secretary of Agriculture to carry into effect the provisions of the Plant Quarantine Act of August 20, 1912, as amended, to conduct other activities hereinafter authorized, and for the eradication, control, and prevention of spread of injurious insects and plant pests; independently or in cooperation with other branches of the Federal Government, States, counties, municipalities, corporations, agencies, individuals, or with foreign governments; including the employment of necessary persons and means in the District of Columbia and elsewhere, rent, construction, or repair of necessary <sidenote>Proviso.Cost of buildings.</sidenote>buildings outside of the District of Columbia: <proviso>Provided, That the cost for the construction of any building shall not exceed $1,500, and that the total amount expended for such construction in any one year shall not exceed $7,000, as follows</proviso>:<sidenote>Chief of bureau, and office personnel.</sidenote> General administrative expenses: For general administrative purposes, including the salary of chief of bureau and other personal services, $149,109.<sidenote>Fruit, etc., insects.</sidenote> Fruit insects: For insects affecting fruits, grapes, and nuts, $320,759.<sidenote>Japanese beetle.</sidenote> Japanese beetle control: For the control and prevention of spread of the Japanese beetle, $230,000.<sidenote>Mexican fruit fly.</sidenote> Mexican fruit fly control: For the control and prevention of spread of the Mexican fruit fly, including necessary surveys and control operations in Mexico in cooperation with the Mexican Government or local Mexican authorities, $101,652.<sidenote>Citrus-canker eradication.</sidenote> Citrus-canker eradication: For determining and applying such methods of eradication or control of the disease of citrus trees known as citrus canker as in the judgment of the Secretary of Agriculture may be necessary, including cooperation with such authorities of the States concerned, organizations of growers, or individuals, as he may deem necessary to accomplish such purposes, $12,299, and, no expenditures shall be made for these purposes until a sum or sums at least equal to such expenditures shall have been appropriated, subscribed, or contributed by State, county, or local authorities, or by individuals or organizations for the accomplishment of such purposes: <sidenote>Proviso.No indemnity for destroyed trees.</sidenote><proviso>Provided, That no part of the money herein appropriated shall be used to pay the cost or value of trees or other property injured or destroyed</proviso>.<sidenote>Phony-peach disease.</sidenote> Phony-peach eradication: For determining and applying such methods of eradication, control, and/or prevention of spread of the disease of peach trees known as phony peach as in the judgment of the Secretary of Agriculture may be necessary, including cooperation with such authorities of the States concerned, organizations of growers, or individuals, as he may deem necessary to accomplish such purposes, including the certification of products out or the infested areas to meet the requirements of State quarantines, $45,462: <sidenote>Proviso.No indemnity for destroyed trees.</sidenote><proviso>Provided, That no part of the money herein appropriated shall be used to pay the cost or value of trees or other property injured or destroyed</proviso>. <page identifier="/us/stat/48/487">487</page> Date scale control: For the control and prevention of spread of <sidenote>Date scale control.</sidenote>Parlatoria date scale, $22,768. Forest insects: For insects affecting forests and forest products, <sidenote>Forest insects.Preventing infestations, etc.Vol. 45, p. 701.U.S.C., Supp. VII, p. 326.</sidenote>under section 4 of the Act approved May 22, 1928 (U.S.C., Supp. VI, title 16, sec. 581c), entitled “<shortTitle role="act">An Act to insure adequate supplies of timber and other forest products for the people of the United States, to promote the full use for timber growing and other purposes of forest lands in the United States, including farm wood lots and those abandoned areas not suitable for agricultural production, and to secure the correlation and the most economical conduct of forest research in the Department of Agriculture, through research in reforestation, timber growing, protection, utilization, forest economics, and related subjects</shortTitle>”, $145,655. Truck crop and garden insects: For insects affecting truck crops, <sidenote>Truck and garden crops.</sidenote>ornamental and garden plants, including tobacco, sugar beets, and greenhouse and bulbous crops, $303,048. Cereal and forage insects: For insects affecting cereal and forage <sidenote>Cereal and forage insects.</sidenote>crops, including sugarcane and rice, and including research on the European corn borer, $312,701. European corn borer control: For the control and prevention of <sidenote>European corn borer.</sidenote>spread of the European corn borer and for the certification of products out of the infested areas to meet the requirements of State quarantines on account of the European corn borer, $30,411. Cotton insects: For insects affecting cotton, $136,000.<sidenote>Cotton insects.</sidenote> Pink boll worm control: For the control and prevention of spread <sidenote>Pink bollworm control.</sidenote>of the pink bollworm, including the establishment of such cotton-free areas as may be necessary to stamp out any infestation, and for necessary surveys and control operations in Mexico in cooperation <sidenote>Cooperation with Mexico.</sidenote>with the Mexican Government or local Mexican authorities, $254,959. Thurberia weevil control: For the control and prevention of <sidenote>Thurberia weevil.</sidenote>spread of the Thurberia weevil, $2,584. Bee culture: For bee culture and apiary management, $45,670.<sidenote>Bee culture.</sidenote> Insects affecting man and animals: For insects affecting man, <sidenote>Man and animals.</sidenote>household possessions, and animals, $109,600. Insect pest survey and identification: For the identification and <sidenote>Identification and classification of insects.</sidenote>classification of insects, including taxonomic, morphological, and related phases of insect pest control, the importation and exchange of useful insects, and the maintenance of an insect pest survey for <sidenote>Disseminating information.</sidenote>the collection and dissemination of information to Federal, State, and other agencies concerned with insect pest control, $121,616. Control investigations: For developing equipment or apparatus <sidenote>Control investigations.</sidenote>to aid in enforcing plant quarantines, eradication and/or control of plant pests, determining methods of disinfecting plants and plant products to eliminate injurious pests, determining the toxicity of insecticides, and related phases of insect pest control, $40,738. Transit inspection: For the inspection in transit or otherwise of <sidenote>Transit inspection.Vol. 37, p. 315; Vol. 44, p. 250.U.S.C., p. 100; Supp. VII, p. 58.</sidenote>articles quarantined under the Act of August 20, 1912 (U.S.C., Supp. VI, title 7, secs. 161, 164a), as amended, and for the interception and disposition of materials found to have been transported interstate in violation of quarantines promulgated thereunder, $26,419. Foreign plant quarantines: For enforcement of foreign plant <sidenote>Foreign Plant Quarantine enforcement.Mexican cotton, etc.</sidenote>quarantines, at the port of entry and/or port of export, and to prevent the movement of cotton and cottonseed from Mexico into the United States, including the regulation of the entry into the United States of railway cars and other vehicles, and freight, express, baggage, or other materials from Mexico, and the inspection, cleaning, and disinfection thereof, including construction and repair <sidenote>Cleaning, etc.</sidenote>of necessary buildings, plants, and equipment, for the fumigation, disinfection, or cleaning of products, railway cars, or other vehicles <page identifier="/us/stat/48/488">488</page>entering the United States from Mexico, $552,966, and in addition thereto $16,000 of the unexpended balance for this purpose for the fiscal year 1933 is continued available for the same purpose for the <sidenote>Proviso.Receipts covered in.</sidenote>fiscal year 1935: <proviso>Provided, That any moneys received in payment of charges fixed by the Secretary of Agriculture on account of such cleaning and disinfection shall be covered into the Treasury as miscellaneous receipts</proviso>.<sidenote>Export inspection and certification.</sidenote> Certification of exports: For the inspection, under such rules and regulations as the Secretary of Agriculture may prescribe, of domestic plants and plant products when offered for export and to certify to shippers and interested parties as to the freedom of such products from injurious plant diseases and insect pests according to the sanitary requirements of the foreign countries affected and to make such reasonable charges and to use such means as may be necessary <sidenote>Proviso.Receipts covered in.</sidenote>to accomplish this object, $16,120: <proviso>Provided, That moneys received on account of such inspection and certification shall be covered into the Treasury as miscellaneous receipts</proviso>.<sidenote>Dutch elm disease.Proviso.Use of fund.</sidenote> Dutch elm disease: For control and prevention of spread of the Dutch elm disease in the United States, $150,000: Provided, That this sum shall be reduced by an amount equal to any amount that may hereafter be allotted for the purposes named herein from any Federal relief or other Federal emergency appropriations.<sidenote>Gypsy and brown-tail moths.</sidenote> Gypsy and brown-tail moths: For the control and prevention of spread of the gypsy and brown-tail moths, $360,000 of the sum allotted for this purpose for the fiscal year 1934 by the Public Works Administration shall be available only for expenditure during the fiscal year 1935.<sidenote>Services in the District.</sidenote> Total, Bureau of Entomology and Plant Quarantine, $3,130,536, of which amount not to exceed $669,430 may be expended for personal services in the District of Columbia, and not to exceed $12,750 <sidenote>Vehicles.</sidenote>shall be available for the purchase of motor-propelled and horsedrawn passenger-carrying vehicles necessary in the conduct of field work outside the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>BUREAU OF BIOLOGICAL SURVEY</heading> <sidenote>Biological Survey Bureau.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading> <sidenote>General expenses.Salaries, supplies, etc.</sidenote> <content>For salaries and employment of labor in the city of Washington and elsewhere, furniture, supplies, including the purchase of bags, tags, and labels printed in the course of manufacture, traveling and all other expenses necessary in conducting investigations and carrying out the work of the bureau, including cooperation with Federal, State, county, or other agencies or with farm bureaus, organizations, or individuals, as follows:<sidenote>Chief of bureau and office personnel.</sidenote> General administrative expenses : For necessary expenses for general administrative purposes, including the salary of chief of bureau and other personal services in the District of Columbia, $72,978.<sidenote>Game, etc., reservations.Montana bison range.</sidenote> Maintenance of mammal and bird reservations: For the maintenance of the Montana National Bison Range and other reservations and for the maintenance of game introduced into suitable localities on public lands, under supervision of the Biological Survey, including construction of fencing, wardens’ quarters, shelters for animals, landings, roads, trails, bridges, ditches, telephone lines, rockwork, <sidenote>Protection of reserves.Vol. 35, p. 1104.U.S.C., p. 471.</sidenote>bulkheads, and other improvements necessary for the economical administration and protection of the reservations, and for the enforcement of section 84 of the Act approved March 4, 1909 (U.S.C., title 18, sec. 145), entitled “<shortTitle role="act">An Act to codify, revise, and amend the <page identifier="/us/stat/48/489">489</page>penal laws of the United States</shortTitle>”, and Acts amendatory thereto, and <sidenote>Vol. 45, p. 1224.U.S.C., Supp. VII, p. 334.Proviso.Game for reserves.</sidenote>section 10 of the Migratory Bird Conservation Act of February 18, 1929 (U.S.C., Supp. VI, title 16, sec. 715i), $52,368: <proviso>Provided, That $2,500 may be used for the purchase, capture, and transportation of game for national reservations</proviso>. Food habits of birds and animals: For investigating the food <sidenote>Food habits of birds and animals.</sidenote>habits and economic value of North American birds and animals in relation to agriculture, horticulture, and forestry, including methods of conserving beneficial and controlling injurious birds and animals, Control of predatory animals and injurious rodents: For demonstrations <sidenote>Control of predatory animals, etc.</sidenote>and cooperation in destroying animals injurious to agriculture, horticulture, forestry, animal husbandry, and wild game; and in protecting stock and other domestic animals through the suppression of rabies and other diseases in predatory wild animals, $398,982. Production of fur-bearing animals: For investigations, experiments, demonstrations, <sidenote>Fur bearing animals.Investigating production, etc.</sidenote>and cooperation in connection with the production and utilization of fur-bearing animals raised for meat and fur, in the United States and Alaska, $51,717. Biological investigations: For biological investigations, including <sidenote>Biological investigations.</sidenote>the relations, habits, geographic distribution, and migration of animals and plants, and the preparation of maps of the life zones, and including $14,800 for investigations of the relations of wild animal life to forests, under section 5 of the Act approved May 22, 1928 <sidenote>Vol. 45, p. 701.U.S.C., Supp. VII, p. 327.</sidenote>(U.S.C., Supp. VI, title 16, sec. 581d), and for investigations, experiments, and demonstrations in the establishment, improvement, and increase of the reindeer industry and of musk oxen and mountain <sidenote>Reindeer and musk oxen in Alaska.</sidenote>sheep in Alaska, including the erection of necessary buildings and other structures, $69,711. Protection of migratory birds: For all necessary expenses for <sidenote>Migratory bird protection.Vol. 40, p. 755.U.S.C., 436.</sidenote>enforcing the provisions of the Migratory Bird Treaty Act of July 3, 1918 (U.S.C., title 16, secs. 703–711), and for cooperation with local authorities in the protection of migratory birds, and for necessary investigations connected therewith, $155,085: <proviso>Provided, <sidenote>Proviso.Preventing shipment of prohibited birds, etc.Vol. 35, p. 1137.U.S.C., pp. 492–493.</sidenote>That of this sum not more than $20,500 may be used for the enforcement of sections 241, 242, 243, and 244 of the Act approved March 4, 1909 (U.S.C., title 18, secs. 391–394), entitled “<shortTitle role="act">An Act to codify, revise, and amend the penal laws of the United States</shortTitle>”, and for the enforcement of section 1 of the Act approved May 25, 1900 (U.S.C., title 16, sec. 701), entitled “<shortTitle role="act">An Act to enlarge the powers <sidenote>Carrying illegally killed game.Vol. 31, p. 187.U.S.C., p. 436.</sidenote>of the Department of Agriculture, prohibit the transportation by interstate commerce of game killed in violation of local laws, and for other purposes</shortTitle>”, including all necessary investigations in connection therewith</proviso>. Enforcement of Alaska game law: For the enforcement of the <sidenote>Enforcing Alaska game law.Vol. 43, p. 739; Vol. 46, p. 1111.U.S.C., p. 1573; Supp. VII, p. 981.</sidenote>provisions of the Alaska game law, approved January 13, 1925 (U.S.C., title 48, secs. 192–211), and as amended by the Act of February 14, 1931 (46 Stat., pp. 1111–1115), $66,598.In all, salaries and expenses, $942,551. </content> </appropriations> <appropriations level="small"> <heading>upper mississippi river refuge</heading> <sidenote>Upper Mississippi River Refuge.Acquiring areas for.Vol. 43, pp. 650, 1354.U.S.C., p. 437.</sidenote> <content>For the acquisition of areas of land or land and water pursuant to the Act entitled “<shortTitle role="act">An Act to establish the Upper Mississippi River Wild Life and Fish Refuge</shortTitle>”, approved June 7, 1924 (U.S.C., title 16, secs. 721–731), as amended, and for all necessary expenses incident thereto, including the employment of persons and means in the city of Washington and elsewhere. $1,862, which shall be available until <page identifier="/us/stat/48/490">490</page>expended, being part of the sum of $1,500,000 authorized to be <sidenote>Vol. 43, p. 652.</sidenote>appropriated for such purpose by section 10 of said Act; and for all necessary expenses of the Secretary of Agriculture authorized by section 9 of said Act, $31,933; in all, $33,795.</content> </appropriations> <appropriations level="small"> <heading>bear river migratory bird refuge</heading><sidenote>Bear River migratory bird refuge.Establishment, etc.Vol. 45, p. 448.U.S.C., Supp. VII, p. 331.Vol. 45, p. 1186.All expenses.</sidenote> <content>For administration and maintenance of the Bear River Migratory Bird Refuge established under the Act approved April 23, 1928 (U.S.C., Supp. VI, title 16, secs. 690–690h), and the resolution approved February 15, 1929 (45 Stat., p. 1186), including the construction of necessary buildings and tor personal services in the District of Columbia and elsewhere, $15,319.</content> </appropriations> <appropriations level="small"> <heading>migratory bird conservation act</heading> <sidenote>Migratory Bird Conservation Act.Expenses, executing, etc.Vol. 45, p. 1702.Acquiring areas.Vol. 45, p. 1222.U.S.C., Supp. VII, p. 333.</sidenote> <content>For carrying into effect the provisions of the Act entitled “<shortTitle role="act">An Act to more effectively meet the obligations of the United States under the migratory-bird treaty with Great Britain (39 Stat., pt. 2, p. 1702) by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of water to furnish in perpetuity reservation for the adequate protection of such birds; and authorizing appropriations for the establishment of such areas, their maintenance and improvement, and for other purposes</shortTitle>”, approved February 18, 1929 (U.S.C., Supp. <sidenote>Commissioner’s expenses.Vol. 45, p. 1225.</sidenote>VI, title 16, secs. 715–715r), $62,419, authorized by section 12 of the Act, which sum is a part of the remaining $792,475 of the $1,000,000 authorized to be appropriated for the fiscal year ending June 30, 1933.<sidenote>Services in the District.Vehicles.</sidenote> Total, Bureau of Biological Survey, $1,054,084, of which amount not to exceed $252,308 may be expended for departmental personal services in the District of Columbia, and not to exceed $14,450 shall be available for the purchase of motor-propelled passenger-carrying vehicles necessary in the conduct of field work outside the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>BUREAU OF PUBLIC ROADS</heading> <sidenote>Public Roads Bureau.Salaries and expenses.</sidenote> <content>For necessary expenses of the Bureau of Public Roads, including salaries and the employment of labor in the city of Washington and elsewhere, supplies, office and laboratory fixtures and apparatus, traveling and other necessary expenses; for conducting research and investigational studies, either independently or in cooperation with State highway departments, or other agencies, including studies of highway administration, legislation, finance, economics, transport, construction, operation, maintenance, utilization, and safety, and <sidenote>Road making, etc.</sidenote>of street and highway traffic control; investigations and experiments in the best methods of road making, especially by the use of local materials; studies of types of mechanical plants and appliances used for road building and maintenance and of methods of road repair and maintenance suited to the needs of different localities; and maintenance and repairs of experimental highways, including the purchase of materials and equipment; for furnishing expert advice on these subjects; for collating, reporting, and illustrating the results of same; and for preparing, publishing, and distributing bulletins <sidenote>Vol. 39, p. 355; Vol. 42, p. 217.U.S.C., p. 662.</sidenote>and reports; to be paid from any moneys available from the administrative funds provided under the Act of July 11, 1916 (39 Stat., pp. 355–359), as amended, or as otherwise provided.</content> </appropriations> <page identifier="/us/stat/48/491">491</page> <appropriations level="small"> <heading>federal-aid highway system</heading> <sidenote>Federal-aid highways.</sidenote> <content>For carrying out the provisions of the Act entitled “<shortTitle role="act">An Act to <sidenote>Cooperating with States in constructing rural post roads.Vol. 39, p. 355; Vol. 40, p. 1201; Vol. 42, pp. 660,1157; Vol. 43, p. 889; Vol. 44, pp. 760, 1398.U.S.C., p. 422; Supp. VII, p. 322.</sidenote>provide that the United States shall aid the States in the construction of rural post roads, and for other purposes</shortTitle>”, approved July 11, 1916 (39 Stat., pp. 355–359), and all Acts amendatory thereof and supplementary thereto, to be expended in accordance with the provisions of said Act, as amended, including not to exceed $176,400 for departmental personal services in the District of Columbia, $8,000,000, to be immediately available and to remain available until expended, which sum is a part of the sum of $125,000,000 authorized to be <sidenote>Vol. 46, pp. 141, 1031.</sidenote>appropriated for the fiscal year ending June 30, 1933, by section 1 of the Act approved April 4, 1930 (46 Stat., p. 141) : <proviso>Provided, That <sidenote>Provisos.Convict labor forbidden.</sidenote>none of the money herein appropriated shall be paid to any State on account of any project on which convict labor shall be employed, except this provision shall not apply to convict labor performed by convicts on parole or probation</proviso>: <proviso>Provided further, That not to <sidenote>Vehicles.Vol. 42, p. 217.U.S.C., p. 667.</sidenote>exceed $45,000 of the funds provided for carrying out the provisions of the Federal Highway Act of November 9, 1921 (U.S.C., title 23, secs. 21 and 23), shall be available for the purchase of motor-propelled passenger-carrying vehicles necessary for carrying out the provisions of said Act, including the, replacement of not to exceed one such vehicle for use in the administrative work of the Bureau of Public Roads in the District of Columbia</proviso>: <proviso>Provided further, That, during the fiscal year 1935, whenever performing authorized engineering <sidenote>Charges allowed against engineering services.</sidenote>or other services in connection with the survey, construction and maintenance, or improvement of roads for other Government agencies the charge for such services may include depreciation on engineering and road-building equipment used, and the amounts received on account of such charges shall be credited to the appropriation concerned</proviso>. The appropriation of $2,000,000 for roads on unappropriated or <sidenote>Emergency appropriation for roads on Indian reservations, etc.Vol. 47, p. 717.</sidenote>unreserved public lands, nontaxable Indian lands, and so forth, contained in the Act entitled “<shortTitle role="act">An Act to relieve destitution, to broaden the lending powers of the Reconstruction Finance Corporation, and to create employment by providing for and expediting a public-works program</shortTitle>”, approved July 21, 1932, is hereby continued available during the fiscal year 1935, and not to exceed $4,290 may be used <sidenote>Services in the District.</sidenote>for personal services in the District of Columbia. Total, Bureau of Public Roads, $8,000,000. </content> </appropriations> <appropriations level="major"> <heading>BUREAU OF AGRICULTURAL ENGINEERING</heading> <sidenote>Agricultural Engineering Bureau.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading> <sidenote>General expenses.Chief of bureau, and office personnel.</sidenote> <content>General administrative expenses: For necessary expenses for general administrative purposes, including the salary of chief of bureau and other personal services in the District of Columbia, $33,867. Agricultural engineering: For investigations, experiments, and demonstrations involving the application of engineering principles <sidenote>Investigations, etc.</sidenote>to agriculture, independently or in cooperation with Federal, State, county, or other public agencies or with farm bureaus, organizations, or individuals; for investigating and reporting upon the utilization of water in farm irrigation and the best methods to apply in practice; the different kinds of power and appliances; the flow of water in ditches, pipes, and other conduits; the duty, apportionment, and measurement of irrigation water; the customs, regulations, and laws affecting irrigation; and the drainage of farms and of swamps and other wet lands which may be made available for agricultural pur-<page identifier="/us/stat/48/492">492</page>poses; for preparing plans for the removal of surplus water by drainage; for developing equipment for farm irrigation and drainage; for investigating and reporting upon farm domestic water supply and drainage disposal, upon the design and construction of farm buildings and their appurtenances and of buildings for processing and storing farm products; upon farm power and mechanical farm equipment; upon the engineering problems relating to the processing, transportation, and storage of perishable and other agricultural products; and upon the engineering problems involved in adapting physical characteristics of farm land to the use of modern <sidenote>Cotton ginning.Vol. 46, p. 248.U.S.C., Supp. VII, p. 64.</sidenote>farm machine for giving expert advice and assistance in agricultural engineering; for collating, reporting, and illustrating the results of investigations and preparing, publishing, and distributing bulletins, plans, and reports; and for other necessary expenses, including travel, rent, repairs, and not to exceed $5,000 for construction of buildings, $316,451.<sidenote>Services in the District.</sidenote> Total, Bureau of Agricultural Engineering, $350,318, of which amount not to exceed $120,080 may be expended for personal services in the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>BUREAU OF AGRICULTURAL ECONOMICS</heading> <sidenote>Agricultural Economics Bureau.General expenses.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading> <sidenote>Salaries, supplies, etc.</sidenote> <content>For salaries and the employment of labor in the city of Washington and elsewhere, furniture, supplies, traveling expenses, rent outside of the District of Columbia, and all other expenses necessary in conducting investigations, experiments, and demonstrations, as follows:<sidenote>Chief of bureau, and office personnel.</sidenote> General administrative expenses: For necessary expenses for general administrative purposes, including the salary of chief of bureau and other personal services in the District of Columbia, $230,370.<sidenote>Farm management and practice.</sidenote> Form management Farm management and practice: To investigate and encourage the adoption of improved methods of farm management and farm practice, and for ascertaining the cost of production of the principal staple agricultural products, $313,670.<sidenote>Diffusing information of farm products, marketing, etc.</sidenote> Marketing and distributing farm products: For acquiring and diffusing among the people of the United States useful information, on subjects connected with the marketing, handling, utilization, grading, transportation, and distributing of farm and nonmanufactured <sidenote>Promoting classified standards.</sidenote>food products and the purchasing of farm supplies, including the demonstration and promotion of the use of uniform standards of classification of American farm products throughout the world, including scientific and technical research into American-grown <sidenote>Cotton and by-products research.Vol. 46, p. 248.U.S.C., Supp. VII, p. 64.</sidenote>cotton and its byproducts and their present and potential uses, including new and additional commercial and scientific uses for cotton and its byproducts, and including investigations of cotton ginning under the Act approved April 19, 1930 (U.S.C., Supp. VI, title 7, secs. 424, 425), and for collecting and disseminating information on the adjustment of production to probable demand for the different farm and animal products, independently and in cooperation with other branches of the Department, State agencies, purchasing and consuming organizations, and persons engaged in the marketing, handling, utilization, grading, transportation, and distributing of farm and food products, and for investigation of the economic costs of retail marketing of meat and meat products, <page identifier="/us/stat/48/493">493</page>$609,094: <proviso>Provided, That practical forms of the grades recommended <sidenote>Proviso.Forms of wool and mohair grades to be sold.</sidenote>or promulgated by the Secretary for wool and mohair may be sold under such rules and regulations as he may prescribe, and so the receipts therefrom deposited in the Treasury to the credit of miscellaneous receipts</proviso>. Crop and livestock estimates: For collecting, compiling, abstracting, <sidenote>Crop and livestock estimates.Collecting, etc., data.</sidenote>analyzing, summarizing, interpreting, and publishing data relating to agriculture, including crop and livestock estimates, acreage, yield, grades, staples of cotton, stocks, and value of farm crops, and numbers, grades, and value of livestock and livestock products on farms, in cooperation with the Extension Service and other Federal, State, and local agencies, $603,701: <proviso>Provided, That no part of the <sidenote>Proviso.Issuing predictions forbidden.</sidenote>funds herein appropriated shall be available for any expense incident forbidden, to ascertaining, collating, or publishing a report stating the intention of farmers as to the acreage to be planted in cotton</proviso>. Foreign competition and demand: To enable the Secretary of <sidenote>Securing information as to foreign competition and demand.Vol. 46, p. 497.U.S.C., Supp. VII, p. 68.</sidenote>Agriculture to carry into effect the provisions of the Act entitled “<shortTitle role="act">An Act to promote the agriculture of the United States by expanding in the foreign field the service now rendered by the United States Department of Agriculture in acquiring and diffusing useful information regarding agriculture, and for other purposes</shortTitle>”, approved June 5, 1930 (U.S.C., Supp. VI, title 7, secs. 541–545), and for <sidenote>Disseminating information of world’s supply and need of American agricultural products, etc.</sidenote>collecting and disseminating to American producers, importers, exporters, and other interested persons information relative to the world supply of and need for American agricultural products, marketing methods, conditions, prices, and other factors, a knowledge of which is necessary to the advantageous disposition of such products in foreign countries, independently and in cooperation with other branches of the Government, State agencies, purchasing and consuming organizations, and persons engaged in the transportation, marketing, and distribution of farm and food products, including the purchase of such books and periodicals and not to exceed $1,000 for newspapers as may be necessary in connection with this work, $226,590. Market inspection of farm products: For enabling the Secretary <sidenote>Market inspection of farm products.</sidenote>of Agriculture, independently and in cooperation with other branches of the Government, State agencies, purchasing and consuming organizations, boards or trade, chambers of commerce, or other associations of business men or trade organizations, and persons or corporations engaged in the production, transportation, marketing, and distribution of farm and food products, whether operating in one or more jurisdictions, to investigate and certify to shippers and <sidenote>Certifying condition of shipment.</sidenote>other interested parties the class, quality, and/or condition of cotton, tobacco, fruits, and vegetables, whether raw, dried, or canned, poultry, butter, hay, and other perishable farm products when offered for interstate shipment or when received at such important central markets as the Secretary of Agriculture may from time to time designate, or at points which may be conveniently reached therefrom, under such rules and regulations as he may prescribe, including payment of such fees as will be reasonable and as nearly as may be to cover the cost for the service rendered: <proviso>Provided, That <sidenote>Proviso.Legal effect of such certificates.</sidenote>certificates issued by the authorized agents of the department shall certificates, be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained, $389,805</proviso>. Market news service: For collecting, publishing, and distributing, <sidenote>Market news service.</sidenote>by telegraph, mail, or otherwise, timely information on the market supply and demand, commercial movement, location, disposition, quality, condition, and market prices of livestock, meats, fish, and <sidenote>Livestock, dairy, agriculture, etc.</sidenote>animal products, dairy and poultry products, fruits and vegetables, <page identifier="/us/stat/48/494">494</page>peanuts and their products, grain, hay, feeds, tobacco, and seeds, and other agricultural products, independently and in cooperation with other branches of the Government, State agencies, purchasing and consuming organizations, and persons engaged in the production, transportation, marketing, and distribution of farm and food products, $1,002,868.<sidenote>Cotton statistics.Vol. 44, p. 1372.U.S.C., Supp. VII, p. 66.</sidenote> Cotton grade and staple statistics: To enable the Secretary of Agriculture to carry into effect the Act entitled “<shortTitle role="act">An Act authorizing the Secretary of Agriculture to collect and publish statistics of the grade and staple length of cotton</shortTitle>”, approved March 3, 1927 (U.S.C., Supp. VI, title 7, secs. 471–476), $207,174.<sidenote>Tobacco stocks and standards.Vol. 45, p. 1079.U.S.C., Supp. VII, p. 68.</sidenote> Tobacco stocks and standards: To enable the Secretary of Agriculture to carry into effect the provisions of the Act entitled “<shortTitle role="act">An Act to provide for the collection and publication of statistics of tobacco by the Department of Agriculture</shortTitle>”, approved January 14, 1929 (U.S.C.. Supp. VI, title 7, secs. 501–508), including the employment of persons and means in the city of Washington and elsewhere, $15,805.<sidenote>Perishable Agricultural Commodities Act.Vol. 46, p. 531.U.S.C., Supp. VII, p. 70.</sidenote> Perishable agricultural commodities Act: To enable the Secretary of Agriculture to carry into effect the provisions of the Act entitled “<shortTitle role="act">An Act to suppress unfair and fraudulent practices in the marketing of perishable agricultural commodities in interstate and foreign commerce</shortTitle>” (U.S.C., Supp. VI, title 7, secs. 551–568), $120,727. In all, salaries and expenses, $3,719,804. </content> </appropriations> <appropriations level="small"> <heading>enforcement of the united states cotton futures act and united states cotton standards act</heading> <sidenote>Cotton Futures and Cotton Standards Acts.Enforcement expenses.Vol. 39, p. 476; Vol. 40, p. 1351.U.S.C., p. 788; Supp. VII, p. 600.Vol. 42, p. 1517.U.S.C., Supp. VII, p. 57.</sidenote> <content>To enable the Secretary of Agriculture to carry into effect the provisions of the United States Cotton Futures Act, as amended March 4, 1919 (U.S.C., title 26, secs. 731–752), and to carry into effect the provisions of the United States Cotton Standards Act, approved March 4, 1923 (U.S.C., title 7, secs. 51–65), including all expenses necessary for the purchase of equipment and supplies; for travel; for the employment of persons in the city of Washington and elsewhere; and for all other expenses, including rent outside of the District of Columbia, that may lie necessary in executing the <sidenote>Effectuating agreements as to standards, etc., in foreign countries.</sidenote>provisions of these Acts, including such means as may be necessary for effectuating agreements heretofore or hereafter made with cotton cotton exchanges, and other cotton organizations in foreign countries, for the adoption, use, and observance of universal standards of cotton classification, for the arbitration or settlement of disputes with respect thereto, and for the preparation, distribution, inspection, and protection of the practical forms or copies thereof under such agreements, $226,189.</content> </appropriations> <appropriations level="small"> <heading>enforcement of the united states grain standards act</heading> <sidenote>Grain Standards Act.Enforcement expenses.Vol. 39, p. 482.U.S.C., p. 92.</sidenote> <content>To enable the Secretary of Agriculture to carry into effect the provisions of the United States Grain Standards Act, including rent outside of the District of Columbia and the employment of such persons and means as the Secretary of Agriculture may deem necessary, in the city of Washington and elsewhere, $644,397.</content> </appropriations> <appropriations level="small"> <heading>administration of the united states warehouse act</heading> <sidenote>Warehouse Act.Administration expenses.Vol. 39, p. 486; Vol. 42, p. 1282; Vol. 46, p. 1463.U.S.C., p. 107; Supp. VII, p. 59.</sidenote> <content>To enable the Secretary of Agriculture to carry into effect the provisions of the United States Warehouse Act, including the payment of such rent outside of the District of Columbia and the employment of such persons and means as the Secretary of Agriculture may deem necessary in the city of Washington and elsewhere, $271,383.</content> </appropriations> <page identifier="/us/stat/48/495">495</page> <appropriations level="small"> <heading>enforcement of the standard container, hamper, and produce agency acts</heading> <sidenote>Standard Container, Hamper, and Produce Agency Acts.Enforcement expenses.Vol. 39, p. 673; Vol. 45, p. 685; Vol. 44, p. 1355.U.S.C., p. 377; Supp. VII, p. 261.</sidenote> <content>To enable the Secretary of Agriculture to carry into effect the Act entitled “<shortTitle role="act">An Act to fix standards for Climax baskets for grapes and other fruits and vegetables, and to fix standards for baskets and other containers for small fruits, berries, and vegetables, and for other purposes</shortTitle>”, approved August 31, 1916 (U.S.C., title 15, secs. 251–256), the Act entitled “<shortTitle role="act">An Act to fix standards for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes</shortTitle>”, approved May 21, 1928 (U.S.C., Supp. VI, title 15, secs. 257–257i), and the Act entitled “<shortTitle role="act">An Act to prevent the destruction or dumping, without good and sufficient cause therefor, of farm produce received in interstate commerce by commission merchants and others and to require them truly and correctly to account for all farm produce received by them</shortTitle>”, approved March <sidenote>Purchase of perishable products.</sidenote>3, 1927 (U.S.C., Supp. VI, title 7, secs. 491–497), including the purchase of such perishable farm products as may be necessary for detection of violations of the latter Act: <proviso>Provided, That all receipts <sidenote>Proviso.Receipts from sales credited to appropriate fund.</sidenote>from the sale of such products shall be credited to this appropriation, and shall be reexpendable therefrom, and including the employment of such persons and means as the Secretary of Agriculture may deem necessary in the city of Washington and elsewhere, $29,035</proviso>.</content> </appropriations> <appropriations level="small"> <heading>wool marketing studies</heading> <sidenote>Wool marketing studies.</sidenote> <content>Not to exceed $25,223 of the funds collected from persons, firms, <sidenote>Fund created for, from collections of wool clip of 1918.</sidenote>or corporations which handled any part of the wool clip of 1918, which the Secretary of Agriculture finds it impracticable to distribute among woolgrowers, shall be deposited in the Treasury to the credit of a special fund which is hereby appropriated for the fiscal year 1935 for the purpose of carrying into effect the provisions of the Act entitled “<shortTitle role="act">An Act to authorize the appropriation for use by <sidenote>Use for standardizing wools.Vol. 45, p. 593.U.S.C., Supp. VII, p. 64.</sidenote>the Secretary of Agriculture of certain funds for wool standards, and for other purposes</shortTitle>”, approved May 17, 1928 (U.S.C., Supp. VI, title 7, secs. 415b-415d), including personal services and other necessary expenses in the District of Columbia and elsewhere.Total, Bureau of Agricultural Economics, $4,916,031, of which <sidenote>Services in the District.Vehicles.</sidenote>amount not to exceed $1,861,856 may be expended for personal services in the District of Columbia, and not to exceed $22,200 shall be available for the purchase of motor-propelled and horse-drawn passenger-carrying vehicles necessary in the conduct of field work outside the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>BUREAU OF HOME ECONOMICS</heading> <sidenote>Home Economics Bureau.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading> <sidenote>General expenses.Chief of bureau and office personnel.</sidenote> <content>General administrative expenses: For necessary expenses for general administrative purposes, including the salary of chief of bureau and other personal services in the District of Columbia, $25,747. Home-economics investigations: For conducting, either independently <sidenote>Home economics investigations.</sidenote>or in cooperation with other agencies, investigations of the relative utility and economy of agricultural products for food, clothing, and other uses in the home, with special suggestions of plans and methods for the more effective utilization of such products for these purposes, and for disseminating useful information on this subject, including travel and all other necessary expenses, $152,954. <page identifier="/us/stat/48/496">496</page><sidenote>Services in the District.</sidenote> Total, Bureau of Home Economics, $178,701, of which amount not to exceed $165,575 may be expended for personal services in the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>ENFORCEMENT OF THE GRAIN FUTURES ACT</heading> <sidenote>Grain Futures Act.Enforcement expenses.Vol. 42, p. 998.U.S.C., p. 87.</sidenote> <content>To enable the Secretary of Agriculture to carry into effect the provisions of the Grain Futures Act, approved September 21, 1922 (U.S.C., title 7, secs. 1–17), $181,498, of which amount not to exceed $45,110 may be expended for personal services in the District of Columbia.</content> </appropriations> <appropriations level="major"> <heading>FOOD AND DRUG ADMINISTRATION</heading> <sidenote>Food and Drug Administration.</sidenote> <appropriations level="small"> <heading>salaries and general expenses</heading> <sidenote>General expenses.Items specified.</sidenote> <content>For all necessary expenses, for chemical apparatus, chemicals, and supplies, repairs to apparatus, gas, electric current, official traveling expenses, telegraph and telephone service, express and freight charges, for the employment of such assistants, clerks, add other persons as the Secretary of Agriculture may consider necessary for the purposes named, in the city of Washington, and elsewhere, in conducting investigations; collecting, reporting, and illustrating <sidenote>Outside rent.</sidenote> the results of such investigations; and for rent outside of the District of Columbia for carrying out the investigations and work herein authorized as follows:<sidenote>General administration expenses.</sidenote> General administrative expenses: For necessary expenses for general administrative purposes, including the salary of chief of administration and other personal services in the District of Columbia, $95,178.<sidenote>Pure Food and Drug Act, enforcement.Vol. 34, p. 768.U.S.C., p. 621.</sidenote> Enforcement of the Food and Drugs Act: For enabling the Secretary of Agriculture to carry into effect the provisions of the Act of June 30, 1906 (U.S.C., title 21, secs. 1–15), entitled “<shortTitle role="act">An Act for preventing the manufacture, sale, or transportation of adulterated, or misbranded, or poisonous, or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for <sidenote>Revision of Pharmacopoeia.</sidenote>other purposes</shortTitle>”; to cooperate with associations and scientific societies in the revision of the United States Pharmacopoeia and <sidenote>Examining foreign tests of American food products.</sidenote>development of methods of analysis, and for investigating the character of the chemical and physical tests which are applied to American food products in foreign countries, and for inspecting the same before shipment when desired by the shippers or owners of these products intended for countries where chemical and physical tests are required before the said products are allowed to be sold therein, <sidenote>Proviso.Travel.</sidenote>$1,161,477: <proviso>Provided, That not more than $4,280 shall be used for travel outside of the United States</proviso>.<sidenote>Tea Importation Act, enforcement.Vol. 29, p. 604; Vol. 41, p. 712.U.S.C., p. 625.</sidenote> Enforcement of the Tea Importation Act: For enabling the Secretary of Agriculture to carry into effect the provisions of the Act approved March 2, 1897 (U.S.C., title 21, secs. 41–50), entitled “<shortTitle role="act">An Act to prevent the importation of impure and unwholesome tea</shortTitle>”, as amended, including payment of compensation and expenses of the members of the board appointed under section 2 of the Act and all other necessary officers and employees, $36,786.<sidenote>Naval Stores Act.Vol. 42, p. 1435.U.S.C., p. 93.</sidenote> Naval Stores Act: For enabling the Secretary of Agriculture to carry into effect the provisions of the Naval Stores Act of March 3, 1923 (U.S.C., title 7, secs. 91–99), $32,052.<sidenote>Insecticide Act, enforcement.</sidenote> Enforcement of the Insecticide Act: For enabling the Secretary of Agriculture to carry into effect the provisions of the Act of <sidenote>Vol. 36, p. 331.U.S.C., p. 95.</sidenote>April 26, 1910 (U.S.C., title 7, secs. 121–134), entitled “<shortTitle role="act">An Act for preventing the manufacture, sale, or transportation of adulterated <page identifier="/us/stat/48/497">497</page>or misbranded Paris greens, lead arsenates, other insecticides, and also fungicides, and for regulating traffic therein, and for other purposes</shortTitle>”, $191,517. Enforcement of the Milk Importation Act: For enabling the Secretary <sidenote>Milk Importation Act, enforcement.Vol. 44, p. 1101.U.S.C., Supp. VII, p. 465.</sidenote>of Agriculture to carry into effect the provisions of an Act approved February 15, 1927 (U.S.C., Supp. VI, title 21, secs. 141–149), entitled “<shortTitle role="act">An Act to regulate the importation of milk and cream into the United States for the purpose of promoting the dairy industry of the United States and protecting the public health</shortTitle>”, $17,739. Enforcement of the Caustic Poison Act: For enabling the Secretary <sidenote>Caustic Poison Act, enforcement.Vol. 44, p. 1406.U.S.C., Supp. VII, p. 263.</sidenote>of Agriculture to carry into effect the provisions of an Act approved March 4, 1927 (U.S.C., Supp. VI, title 15, secs. 401–411), entitled “<shortTitle role="act">An Act to safeguard the distribution and sale of certain dangerous caustic or corrosive acids, alkalies, and other substances in interstate and foreign commerce</shortTitle>”, $22,964. Total, Food and Drug Administration, $1,557,713, of which amount <sidenote>Aggregate.Services in the District.Vehicles.</sidenote>not to exceed $481,160 may be expended for personal services in the District of Columbia, and not to exceed $12,800 shall be available for the purchase of motor-propelled and horse-drawn passenger-carrying vehicles necessary in the conduct of field work outside the District of Columbia. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>INTERCHANGE OF APPROPRIATIONS</heading><sidenote>Interchange of appropriations.Allowance for miscellaneous expenses.</sidenote> <content>Not to exceed 10 per centum of the foregoing amounts for the miscellaneous expenses of the work of any bureau, division, or office herein provided for shall be available interchangeably for expenditures on the objects included within the general expenses or such bureau, division, or office, but no more than 10 per centum shall be added to any one item of appropriation except in cases of extraordinary emergency, and then only upon the written order of the Secretary of Agriculture: <proviso>Provided, That a statement of any transfers <sidenote>Proviso.Statement to be included in Budget.</sidenote>of appropriations made hereunder shall be included in the annual <sidenote>Budget.</sidenote>Budget</proviso>.</content> </appropriations> <appropriations level="major"> <heading>MISCELLANEOUS</heading><sidenote>Miscellaneous.</sidenote> <appropriations level="small"> <heading>work for other departments</heading> <sidenote>Work for other Departments.Transfers for inspection, etc., by Agricultural Department, of necessary funds.</sidenote> <content>During the fiscal year 1935 the head of any department or independent establishment of the Government requiring inspections, analyses, and tests of food and other products, within the scope of the functions of the Department of Agriculture and which that Department is unable to perform within the limits of its appropriations, may, with the approval of the Secretary of Agriculture, transfer to the Department of Agriculture for direct expenditure such sums as may be necessary for the performance of such work.</content> </appropriations> <appropriations level="small"> <heading>experiments in livestock production in southern united states</heading><sidenote>Livestock production in Southern States.</sidenote> <content>To enable the Secretary of Agriculture, in cooperation with the <sidenote>Cooperative experiments, etc., in developing.</sidenote>authorities of the States concerned, or with individuals, to make such investigations and demonstrations as may be necessary in connection with the development of livestock production in the cane-sugar and cotton districts of the United States, $37,036.</content> </appropriations> <appropriations level="small"> <heading>passenger-carrying vehicles</heading><sidenote>Passenger vehicles.</sidenote> <content>Within the limitations specified under the several headings the <sidenote>Allowance for, from lump-sum appropriations for field work.</sidenote>lump-sum appropriations herein made for the Department of Agriculture, shall be available for the purchase of motor-propelled and horse-drawn passenger-carrying vehicles necessary in the conduct of <page identifier="/us/stat/48/498">498</page>the field work of the Department of Agriculture outside the District <sidenote>Provisos.Use restricted to official service.</sidenote>of Columbia: <proviso>Provided, That such vehicles shall be used only for official service outside the District of Columbia, but this shall not prevent the continued use for official service of motor trucks in the <sidenote>Interchangeable funds.</sidenote>District of Columbia</proviso>: <proviso>Provided further, That the limitation on expenditures for purchase of passenger-carrying vehicles in the field service shall be interchangeable between the various bureaus and offices of the department, to such extent as the exigencies of the service <sidenote>Available for maintenance, etc.</sidenote>may require</proviso>: <proviso>Provided further, That appropriations contained in this Act shall be available for the maintenance, operation, and repair of motor-propelled and horse-drawn passenger-carrying vehicles</proviso>: <sidenote>Exchanges allowed.</sidenote><proviso>Provided further, That the Secretary of Agriculture may exchange motor-propelled and horse-drawn vehicles, tractors, road equipment, and boats, and parts, accessories, tires, or equipment thereof, in whole or in part payment for vehicles, tractors, road equipment, or boats, or parts, accessories, tires, or equipment of such vehicles, tractors, road equipment, or boats purchased by him</proviso>.</content> </appropriations> <appropriations level="small"> <heading>soil-erosion investigations</heading> <sidenote>Soil erosion.Investigations, etc., for control.</sidenote> <content>To enable the Secretary of Agriculture to make investigation not otherwise provided for of the causes of soil erosion and the possibility of increasing the, absorption of rainfall by the soil in the United States, and to devise means to be employed in the preservation of soil, the prevention or control of destructive erosion and the conservation of rainfall by terracing or other means, independently or in cooperation with other branches of the Government, State agencies, counties, farm organizations, associations of business men, or individuals, including necessary expenses, $168,326, of which amount not to exceed $11,280 may be expended for personal services in the District of Columbia.</content> </appropriations> <appropriations level="small"> <heading>international production control committees</heading> <sidenote>International production control committees.</sidenote> <content>During the fiscal year 1935 the Secretary of Agriculture may expend not to exceed $10,000, from the funds available for carrying into effect the Agricultural Adjustment Act approved May 12, 1933 <sidenote>Ante, p. 31.</sidenote>(Public, Numbered 10, Seventy-third Congress), the share of the United States as a member of the International Wheat Advisory international wheat <sidenote>International Wheat Advisory Committee.</sidenote>Committee or like events or bodies concerned with the reduction of agricultural surpluses or other objectives of the Agricultural Adjustment Act, together with traveling and all other necessary expenses relating thereto.</content> </appropriations> <appropriations level="small"> <heading>grasshopper control, bureau of entomology</heading> <sidenote>Grasshopper control.</sidenote> <content>For the application of such methods of control of grasshoppers as, in the judgment of the Secretary of Agriculture, may be necessary, <sidenote>Cooperation States.</sidenote>in cooperation with such authorities of the States concerned, organizations, or individuals as he may deem essential to accomplish such purposes, including the employment of persons and means in <sidenote>Printing and binding.</sidenote>the District of Columbia and elsewhere, printing and binding, rent outside of the District of Columbia, and for other expenses, $2,354,893, to be available during the fiscal years 1934 and 1935, and to be immediately available, of which amount not to exceed $7,500 may be expended for personal services in the District of Columbia: <sidenote>Proviso.Poisoned bait.</sidenote><proviso>Provided, That this appropriation shall be used for expenditures of general administration and supervision, purchase and transportation of poisoned bait, or materials for its manufacture, and such other expenses as in the discretion of the Secretary of Agriculture may be deemed necessary and that the cooperating State shall <page identifier="/us/stat/48/499">499</page>be responsible for the local distribution and utilization of such bait on privately owned lands including full labor costs</proviso>: <proviso>Provided <sidenote>Cooperation of States.</sidenote>further, That, in the discretion of the Secretary of Agriculture, no part of this appropriation shall be expended for grasshopper control in any State until such State has provided the necessary organization for the cooperation herein indicated</proviso>: <proviso>Provided further, That no <sidenote>Restriction.</sidenote>part of this appropriation shall be used to pay the cost or value of farm animals, farm crops, or other property injured or destroyed</proviso>.</content> </appropriations> <appropriations level="small"> <heading>forest roads and trails</heading><sidenote>Federal highways.</sidenote> <content>For carrying out the provisions of section 23 of the Federal Highway <sidenote>Forest roads and trails.Vol. 42, pp. 218, 661.U.S.C., p. 668.Vol. 46, p. 261.U.S.C., Supp. VII, p. 482.</sidenote>Act approved November 9, 1921 (U.S.C., title 23, sec. 23), including not to exceed $10,521 for departmental personal services in the district of Columbia, $1,500,000, a part of the amount authorized to be appropriated for the fiscal year 1933 by the Act approved May 5, 1930: <proviso>Provided, That this appropriation shall be available <sidenote>Provisos.Storage facilities.</sidenote>for the rental, purchase, or construction of buildings necessary for the storage of equipment and supplies used for road and trail construction and maintenance, but the total cost of any such building purchased or constructed under this authorization shall not exceed $2,500</proviso>: <proviso>Provided further, That during the fiscal year ending <sidenote>Alaska highways.</sidenote>June 30, 1935, the expenditures on forest highways in Alaska from the amount herein appropriated or from similar appropriations heretofore made shall not exceed $350,000</proviso>. Total, Title I, Department of Agriculture, $60,232,007. This title may be cited as the “<shortTitle role="act">Agricultural Department Appropriation <sidenote>Citation of title.</sidenote>Act of 1935.</shortTitle>” </content> </appropriations> </appropriations> <num class="centered" value="II">TITLE II—</num><heading class="centered">FARM CREDIT ADMINISTRATION</heading><sidenote>Farm Credit Administration.</sidenote> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For salaries and expenses of the Farm Credit Administration in <sidenote>Salaries and expenses.</sidenote>the District of Columbia and the field; traveling expenses of officers and employees; contingent and miscellaneous expenses, including law books, books of reference, periodicals, newspapers, and maps; contract stenographic reporting services, and expert services for the preparation of amortization tables; membership fees or dues in organizations which issue publications to members only or to members at a lower price than to others, payment for which may be made in advance; purchase of manuscripts, data, and special reports by personal service without regard to the provisions of any other Act; procurement of supplies and services without regard to section <sidenote>R.S., sec. 3709, p. 733.U.S.C., p. 1309.</sidenote>3709 of the Revised Statutes (U.S.C., title 41, sec. 5) when the aggregate amount involved does not exceed $50; purchase, exchange, maintenance, repair, and operation of motor-propelled, passenger-carrying vehicles and motor tracks to be used only for official purposes; typewriters, adding machines, and other labor-saving devices, including their repair and exchange; garage rental in the District of Columbia and elsewhere; payment of actual transportation expenses <sidenote>Traveling expenses.</sidenote>and not to exceed $10 per diem to cover subsistence and other expenses while in conference and en route from and to his home to any person other than an employee or a member of an advisory commodity committee who may from time to time be invited to the city of Washington and elsewhere for conference and advisory purposes in furthering the work of the Farm Credit Administration; employment <sidenote>Special services.</sidenote>of persons, firms, and others for the performance of special services, including legal services, and other miscellaneous expenses; <page identifier="/us/stat/48/500">500</page><sidenote>Vol. 41, p. 1347; Vol. 42, p. 467; Vol. 43, p. 110; Vol. 44, p. 1251; Vol. 45, p. 1306; Vol. 46, pp. 3, 78, 1032, 1160, 1276.</sidenote>collection of moneys due the United States on account of loans made under the provisions of the Acts of March 3, 1921 (41 Stat., p. 1347), March 20, 1922 (42 Stat., p. 467), April 26, 1924 (43 Stat., p. 110), February 28, 1927 (44 Stat., p. 1251), February 25, 1929 (45 Stat., p. 1306), as amended May 17, 1929 (46 Stat., p. 3), March 3, 1930 (46 Stat., pp. 78, 79), December 20, 1930 (46 Stat., p. 1032), February 14, 1931 (46 Stat., p. 1160) , and February 23? 1931 (46 Stat., p. 1276); examination of corporations, banks, associations, and institutions operated, supervised, or regulated by the Farm Credit Administration : <sidenote>Proviso.Assessments.</sidenote><proviso>Provided, That the expenses and salaries of employees engaged in such examinations shall be assessed against the said corporations, banks or institutions in accordance with the provisions of existing laws; in all, $2,389,666</proviso>.<sidenote>Citation of title.</sidenote> This title may be cited as the “<shortTitle role="title">Farm Credit Administration Appropriation Act of 1935</shortTitle>.” </content> </appropriations> Approved, March 26, 1934.

Requiring agricultural or other products to be shipped in vessels of the United States where the Reconstruction Finance Corporation or any other instrumentality of the Government finances the exporting of such products. 1934-03-26 90 Chapter 48 Stat. 500 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 90.]

JOINT RESOLUTION Requiring agricultural or other products to be shipped in vessels of the United States where the Reconstruction Finance Corporation or any other instrumentality of the Government finances the exporting of such products.

March 26, 1934.

[H. J. Res. 207.]

[Pub. Res., No. 17.]

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

Reconstruction Finance Corporation.

Agricultural, etc., exports, financed by, to be carried in U.S. vessels.

That it is the sense of Congress that in any loans made by the Reconstruction Finance Corporation or any other instrumentality of the Government to foster the exporting of agricultural or other products, provision shall be made that such products shall be carried exclusively in vessels

Exception.

of the United States, unless, as to any or all of such products, the Shipping Board Bureau, after investigation, shall certify to the Reconstruction Finance Corporation or any other instrumentality of the Government that vessels of the United States are not available in sufficient numbers, or in sufficient tonnage capacity, or on necessary sailing schedule, or at reasonable rates.

Approved, March 26, 1934.

To further extend the operation of the Act entitled “An Act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law” approved April 1, 1932. 1934-03-27 92 Chapter 48 Stat. 500 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 92.]

AN ACT To further extend the operation of the Act entitled “An Act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law” approved April 1, 1932.

March 27, 1934.

[S. 2534.]

[Public, No. 132.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Irrigation projects.

Further extension of payments for water charges, authorized.

Vol. 47, pp. 75, 1427, amended.

That the Secretary of the Interior is authorized and directed to extend such provisions of the Act entitled “An Act for the temporary relief of water users on reclamation projects constructed and operated under the reclamation law ”, approved April 1, 1932 (47 Stat. 75), as extended by the Act of March 3, 1933 (47 Stat. 1427), as relate to the deferment of payment of certain water-rights charges for the years 1931, 1932, and 1933, in like manner to all similar charges coming due for the

Uncompahgre and Grand Valley projects; construction charges deferred.

year 1934. The Secretary of the Interior is further authorized, upon the acceptance by the Uncompahgre Valley Water Users Association of the moratorium Act of April 1, 1932, and its amendments, including this Act, to enter into a contract with the association deferring the initiation of its drainage construction program until January 1, 1936, and permitting the completion of said drainage program 501during the years 1936 to 1941, both inclusive, under the conditions

Vol. 46, p. 1974, amended.

set out in the Act of January 31, 1931 (47 Stat. 1947¹¹ So in original.), as herein modified, and to extend such provisions of such section 3 as relate to certain water-rights charges on the Grand Valley reclamation project in like manner to all similar charges coming due for the year 1934.

Sec. 2. Interest on the charges for which the time of payment is

Interest rate on deferred charges.

extended pursuant to this Act shall be payable at the same rate and under the same conditions as those prescribed in such Act of March 3, 1933, with respect to the charges for the years 1931, 1932, and 1933.

Approved, March 27, 1934.

To authorize the Secretary of the Interior to place with the Oklahoma Historical Society, at Oklahoma City, Oklahoma, as custodian for the United States, certain records of the Five Civilized Tribes, and of other Indian tribes in the State of Oklahoma, under rules and regulations to be prescribed by him. 1934-03-27 93 Chapter 48 Stat. 501 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 93.]

AN ACT To authorize the Secretary of the Interior to place with the Oklahoma Historical Society, at Oklahoma City, Oklahoma, as custodian for the United States, certain records of the Five Civilized Tribes, and of other Indian tribes in the State of Oklahoma, under rules and regulations to be prescribed by him.

March 27, 1934.

[H. R. 5631.]

[Public, No. 133.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Five Civilized Tribes, etc.

Certain records of, to be placed with the Oklahoma Historical Society.

of the Interior is authorized, under rules and regulations to be prescribed by him, to place with the Oklahoma Historical Society of the State of Oklahoma any records of the Five Civilized Tribes, including the Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles, which may be in the custody or control of the Secretary of the Interior and the Superintendent for the Five Civilized Tribes; also of the Wichita, Kiowa, Comanche, Caddo, and Apache Indians that may be within his custody or control or of the agent at Anadarko, Oklahoma; also of the Arapaho and Cheyenne Indians that may be within his custody or control or of the agent at Concho, Oklahoma; also of the Sac and Fox, Pottawatomie, Kickapoo, and Iowa Indians that may be within his custody or control or of the agent at Shawnee, Oklahoma; also of the Wyandotte, Seneca, Quapaw, Peoria, Modoc, and Miami Indians that may be within his custody or control or of the agent at Miami, Oklahoma; also of the Tonkawa, Ponca, Pawnee, Otoe, and Kaw Indians that may be within his custody or control or of the agent at Pawnee, Oklahoma; and of the Osage Indians that may be within his custody or control or of the agent at Pawhuska, Oklahoma. The Oklahoma Historical Society in receiving

Society to receive, as Federal custodian.

the custody of such papers, records, and matters of historical interest to receive same as custodian for the United States of America and the Secretary of the Interior, and to hold same under rules and regulations as may be prescribed by him: Provided, That copies of

Provisos.

Certified copies may issue.

any documents, records, books, or papers in the office of and custody of the Oklahoma Historical Society when certified by the secretary or chief clerk of said society under its seal, or when such office or position is vacant by the officer or person acting as secretary or chief clerk for the time, shall be evidence equally with the original, and in making such certified copies such secretary or acting secretary and such chief clerk or acting chief clerk shall be acting as a Federal agent, and such certified copies shall have the same force and effect as if made by the Secretary of the Interior when such documents, records, books, or papers were in his office as Secretary of the Interior and certified by him under seal of his office: Provided further, That

Government use.

wherever such certified copies are desired by the Government to be used for the benefit of the Government they shall be furnished with-502

Return of, on request.

out cost: Provided, further, That any of the records placed with the Historical Society shall be promptly returned to the Government official designated by the said Secretary upon his request therefor.

Approved, March 27, 1934.

Granting abandoned public buildings and grounds at Sitka, Alaska, to the Territory of Alaska, and for other purposes. 1934-03-27 94 Chapter 48 Stat. 502 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 94.]

AN ACT Granting abandoned public buildings and grounds at Sitka, Alaska, to the Territory of Alaska, and for other purposes.

March 27, 1934.

[H. R. 5745.]

[Public, No. 134.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Alaska.

Certain abandoned public buildings and grounds at Sitka, granted to.

That the following described public buildings and grounds at Sitka, Alaska, are granted to the Territory of Alaska, to be used by the said Territory as a home for aged, sick, and infirm pioneers and residents thereof at the expense of the Territory, to wit: A tract of land described hereafter by metes and bounds:

Description.

Beginning at a point common to corners numbered 2, United States Forest Service reserve, and numbered 3, United States reserve for public common; thence north sixty-one degrees nineteen minutes east three hundred and sixty-seven and thirty-four one-hundredths feet along north side of Lincoln Street to corner numbered 3, United States reserve for public buildings; thence north twenty-eight degrees forty minutes west two hundred and twenty-two and sixty-three one-hundredths feet along west side of Barracks Street to corner numbered 6, United States marine and military reserve; thence north sixty-one degrees twelve minutes east fifty and seventy-two one-hundredths feet along north side of Barracks Street to corner numbered 5, United States marine and military reserve; thence north twenty-two degrees fifty minutes west eighty-seven and sixty-one one-hundredths feet along west side of Barracks Street to corner numbered 4, United States marine and military reserve, set on south side of Seward Street; thence south sixty-eight degrees thirty-three minutes west one hundred and sixty-four and four one-hundredths feet along south side of Seward Street to a point common to corners numbered 3, United States marine and military reserve, and numbered 1, survey numbered 407; thence south twenty-nine degrees ten minutes east sixty-four and eleven one-hundredths feet along east boundary of survey numbered 407 to a point common to corners numbered 2, United States marine and military reserve, and numbered 4, survey numbered 407; thence south fifty-eight degrees nineteen minutes west seventy and thirty-seven one-hundredths feet along south boundary of survey numbered 407 to a point common to corners numbered 1, United States marine and military reserve, and numbered 3, survey numbered 407; thence north forty-one degrees eight minutes west twenty-five and eighty-four one-hundredths feet along west boundary of survey numbered 407 to the south boundary of the tract of land reserved for school purposes by Executive Order Numbered 4448, dated May 27, 1926; thence south fifty-eight degrees nineteen minutes west one hundred and twenty-one feet along south boundary of tract of land reserved for school purposes to southwest corner of said tract; thence north forty-two degrees thirty minutes west one hundred and eight feet along west boundary of tract of land reserved for school purposes to northwest corner of said tract; thence south thirty-five degrees west fifty-seven and twenty-eight one-hundredths feet along north boundary of United States reserve for public common to corner numbered 6 and meander corner, United States reserve for public common, on shore of Sitka Bay; thence with meanders along shore of Sitka 503Bay south thirty-seven degrees nineteen minutes east fifty-seven and nine one-hundredths feet, south twenty degrees twenty-three minutes west forty-three and forty-three one-hundredths feet, south eighty-two degrees fifty-six minutes west thirty-one and fifty-six one-hundredths feet, south seventy degrees seven minutes west twenty-nine feet, south fifteen degrees fifty-one minutes east nineteen and thirty-seven one-hundredths feet, south two degrees fifty-one minutes east thirty-six and seventeen one-hundredths feet, south seventy-six degrees fifty-one minutes east fourteen and fifty-nine one-hundredths feet to corner numbered 5 and meander corner on the line between United States Forest Service reserve and United States reserve for public common; thence north sixty degrees east one hundred and thirty-two and forty-four one-hundredths feet along north boundary of United States Forest Service reserve to a point common to corners numbered 1, United States Forest Service reserve, and numbered 4, United States reserve for public common; thence south twenty degrees forty-nine minutes east two hundred and thirty-seven and sixty-six one-hundredths feet along east boundary of United States Forest Service reserve to the point of beginning; containing two and seven hundred and sixty-nine one-thousandths acres, and the buildings thereon: Provided, That all oil, coal, or

Proviso.

Mineral rights, etc., reserved.

other minerals in the land, and the right to prospect for, mine, and remove the same, be reserved to the Uniteci States under such rules and regulations as the Secretary of the Interior may prescribe.

Sec. 2. That the Territory of Alaska shall never sell or otherwise

Reversionary provisions.

dispose of any part of said property; and if the same shall ever be abandoned for the uses herein declared the said premises shall revert to the United States.

Approved, March 27, 1934.

To establish the composition of the United States Navy with respect to the categories of vessels limited by the treaties signed at Washington, February 6, 1922, and at London, April 22, 1930, at the limits prescribed by those treaties; to authorize the construction of certain naval vessels; and for other purposes. 1934-03-27 95 Chapter 48 Stat. 503 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 95.]

AN ACT To establish the composition of the United States Navy with respect to the categories of vessels limited by the treaties signed at Washington, February 6, 1922, and at London, April 22, 1930, at the limits prescribed by those treaties; to authorize the construction of certain naval vessels; and for other purposes.

March 27, 1934.

[H. R. 6604.]

[Public, No. 135.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the composition

Naval vessels.

Establishment of composition of, with respect to treaty categories.

Vol. 43, p. 1669; Vol. 46, p. 2861.

of the United States Navy with respect to the categories of vessels limited by the treaties signed at Washington, February 6, 1922, and at London, April 22, 1930, is hereby established at the limit prescribed by those treaties.

Sec. 2.

That subject to the provisions of the treaties signed at

Specified construction authorized.

Washington, February 6, 1922, and at London, April 22, 1930, the President of the United States is hereby authorized to undertake

Present authorizations not included.

prior to December 31, 1936, or as soon thereafter as he may deem it advisable (in addition to the six cruisers not yet constructed under the Act approved February 13, 1929 (45 Stat. 1165), and in addition

Vol. 45, p. 1165: Executive Order 6174.

to the vessels being constructed pursuant to Executive Order Numbered 6174 of June 16, 1933), the construction of: (a) One aircraft

Replacement of overage and experimental tonnages.

carrier of approximately fifteen thousand tons standard displacement, to replace the experimental aircraft carrier Langley; (b) ninety-nine thousand two hundred tons aggregate of destroyers to replace over-age destroyers; (c) thirty-five thousand five hundred and thirty tons aggregate of submarines to replace over-age submarines: Provided, That the President of the United States is hereby

Provisos.

Replacements in categories limited by treaties.

authorized to replace, by vessels of modem design and construction, vessels in the Navy in the categories limited by the treaties signed at Washington, February 6, 1922. and at London. April 22, 1930, 504when their replacement is permitted by the said treaties: Provided further,

Procuring necessary aircraft.

That the President is hereby authorized to procure the necessary naval aircraft for vessels and other naval purposes in

Ratio of vessel construction, etc., in Government yards, etc.

numbers commensurate with a treaty navy: Provided further, That the first and each succeeding alternate vessel of each category, except the fifteen-thousand-ton aircraft carrier, upon which work is undertaken, and the main engines, armor, and armament for such vessels, the construction and manufacture of which is authorized by this Act, shall be constructed or manufactured in the Government navy yards, naval stations, naval gun factories, naval ordnance plants, or arsenals of the United States, except such material or parts as were not customarily manufactured in such Government plants prior

Changes allowed in public interests.

to February 13, 1929: Provided further, That, if inconsistent with the public interests in any year to have a vessel or vessels constructed as required above, the President may have such vessel or vessels built in a Government or private yard as he may direct.

Proportion of aircraft construction in Government factories, etc.

That not less than 10 per centum of the aircraft, including the engines therefor, the procurement of which is authorized by this Act and hereafter undertaken, shall be constructed and/or manufactured in Government aircraft factories and/or other plants or factories owned and operated by the United States Government.

Conditions imposed.

The foregoing paragraph is subject to the following conditions:

(1)

If proportionate construction not permissible in Government plants, etc.

That if it shall be determined by the President that present plants, factories, and equipment owned by the Government are not such as to permit the construction and/or manufacture of the said aircraft and/or engines in such Government plants and factories, in the proportions herein specified and required, then and in that event such requirement may be suspended in whole or in part by

Expansion of Government facilities, on order of President.

his order. However, in the event of such order of suspension being made by the President, then at his discretion the existing plants, factories, and facilities now owned and/or operated by the Government shall forthwith be expanded and equipped to enable the Government to construct, manufacture, and repair not less than 10

Discretionary construction allotments.

per centum of its naval aircraft therein, except that it shall be discretionary with the President as to the per centum constructed and/or manufactured in Government plants if he should find it impracticable for the Government to undertake the construction and/or manufacture of not less than 10 per centum of its naval aircraft therein. (2)

Employment of Government establishments, when—

Collusion to prevent fair competition, etc.

The President is also authorized to employ Government establishments in any case where— (a) It should reasonably appear that the persons, firms, or corporations, or the agents therefor, bidding for the construction of any of said aircraft, engines, spare parts, or equipment have entered into any combination, agreement, or understanding the effect, object, or purpose of which is to deprive the Government of fair, open, and unrestricted competition in letting contracts for the construction of any of said aircraft, engines, spare parts, or equipment, or— (b)

Profit excessive.

Should it reasonably appear that any person, firm, or corporation, or agents thereof, being solely or peculiarly in position to manufacture or furnish the particular type or design of aircraft, engines, spare parts, or equipment required by the Navy, in bidding on such aircraft, engines, spare parts, or equipment, have named a price in excess of cost of production plus a reasonable profit, as provided in section 3 of this Act.

Sums for expansion authorized.

The funds necessary for the enlargement and expansion of such existing plants and facilities now owned by the Government for the construction and manufacture of naval aircraft, are hereby authorized to be appropriated.505

Sec. 3. The Secretary of the Navy is hereby directed to submit

Construction estimates to be submitted: appropriation authorized.

annually to the Bureau of the Budget estimates for the construction of the foregoing vessels and aircraft; and there is hereby authorized to be appropriated such sums as may be necessary to carry into effect the provisions of this Act: Provided, That no contract shall be

Proviso.

Contract agreement.

made by the Secretary of the Navy for the construction and/or manufacture of any complete naval vessel or aircraft, or any portion thereof, herein, heretofore, or hereafter authorized unless the contractor agrees— (a) To make a report, as hereinafter described, under oath, to

Contractor to make sworn report.

the Secretary of the Navy upon the completion of the contract. (b) To pay into the Treasury profit, as hereinafter provided shall

To limit profit.

be determined by the Treasury Department, in excess of 10 per centum of the total contract price, such amount to become the property of the United States: Provided, That if such amount is not

Proviso.

Collection if not voluntarily paid.

voluntarily paid the Secretary of the Treasury may collect the same under the usual methods employed under the internal revenue laws to collect Federal income taxes. (c) To make no subdivisions of any contract or subcontract for

Evasion, by subcontract, etc., forbidden.

the same article or articles for the purpose of evading the provisions of this Act, but any subdivision of any contract or subcontract involving an amount in excess of $10,000 shall be subject to the conditions herein prescribed. (d) That the manufacturing spaces and books of its own plant,

Inspection of contractor’s books, etc.

affiliates, and subdivisions shall at all times be subject to inspection and audit by any person designated by the Secretary of the Navy, the Secretary of the Treasury, and/or by a duly authorized committee of Congress. (e)

To make no subcontract unless the subcontractor agrees to

Subcontractor to assent to conditions.

the foregoing conditions. The report shall be in form prescribed by the Secretary of the

Items to be covered in report.

Navy and shall state the total contract price, the cost of performing the contract, the net income, and the per centum such net income bears to the contract price. A copy of such report shall be transmitted

Copy to Secretary of Treasury.

to the Secretary of the Treasury for consideration in connection with the Federal income tax returns of the contractor for the taxable year or years concerned.

The method of ascertaining the amount of excess profit to be paid

Determination of excess profit.

Method of ascertaining.

into the Treasury shall be determined by the Secretary of the Treasury in agreement with the Secretary of the Navy and made available to the public. The method initially fixed upon shall be so determined on or before June 30, 1934: Provided, That in any case

Proviso.

Credit for excess, to be made.

where an excess profit may be found to be owing to the United States in consequence hereof, the Secretary of the Treasury shall allow credit for any Federal income taxes paid or remaining to be paid upon the amount of such excess profit.

The contract or subcontracts referred to herein are limited to

Applicability of foregoing provisions.

those where the award exceeds $10,000.

Sec. 4. That in the event of international agreement for the further

Suspension, etc., of construction by international agreement.

limitations of naval armament to which the United States is signatory, the President is hereby authorized and empowered to suspend so much of its naval construction as has been authorized as may be necessary to bring the naval armament of the United States within the limitation so agreed upon, except that such suspension shall not apply to vessels actually under construction on the date of the passage of this Act.

Approved, March 27, 1934.

To amend the Code of Laws for the District of Columbia, approved March 3, 1901, as amended (D.C. Code, title 5, ch. 3), relating to building and loan associations. 1934-03-27 96 Chapter 48 Stat. 506 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 506 [CHAPTER 96.]

AN ACT To amend the Code of Laws for the District of Columbia, approved March 3, 1901, as amended (D.C. Code, title 5, ch. 3), relating to building and loan associations.

March 27, 1934.

[S. 2089.]

[Public, No. 136.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia Code amendments.

Vol. 31, p. 1300.

That the Code of the District of Columbia (31 Stat. 1300; D.C. Code, title 5, ch. 3) is amended by adding at the end of title 5, chapter 3, thereof, the following new sections:

“Sec. 55. Personal property.—

Building and loan associations may purchase bonds of Home Owners’ Loan Corporation.

The board of directors of any building association incorporated or unincorporated, organized and existing under the laws of the District of Columbia to do or now doing in the District of Columbia a building association business, in their discretion, may purchase the bonds of the Home Owners’

Ante, p. 128.

Loan Corporation created pursuant to the authority of the Home Owners’ Loan Act of 1933, approved June 13, 1933 (and said association is hereby permitted to carry said bonds as an asset at the par value of said bonds) or may subscribe and pay for shares of any Federal corporation created or authorized by law to lend money to building and loan associations.

“Sec. 56.

Exchange of secured obligations for, authorized.

Any building association incorporated or unincorporated, organized and existing under the laws of the District of Columbia, to do or now doing, in the District of Columbia, a building association business, is authorized and empowered to exchange mortgages or deeds of trust or the notes or bonds secured thereby or other obligations and liens secured on real estate or any real estate which it may have or hold, for the bonds of the Home Owners’ Loan Corporation created pursuant to the authority of the Home Owners’ Loan Act of 1933, approved June 13, 1933, and said association is hereby authorized to carry said bonds as an asset at the par value of said bonds.”

Approved, March 27, 1934.

To authorize steam railroads to electrify their lines within the District of Columbia, and for other purposes. 1934-03-27 97 Chapter 48 Stat. 506 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 97.]

AN ACT To authorize steam railroads to electrify their lines within the District of Columbia, and for other purposes.

March 27, 1934.

[S. 2950.]

[Public, No. 137.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia.

Electrification of existing steam-railroad lines.

That steam-railroad companies now operating within the District of Columbia are hereby authorized, after approval of their detailed plans and issuance of a permit by the Commissioners of the District of Columbia, to electrify their lines within the District of Columbia and across the Anacostia and Potomac Rivers with an alternating current overhead

Structures, equipment, etc.

catenary or other type of electrification system, with all necessary transmission, signal and communication conductors and equipment, poles, conduits, underground and overhead construction, substations, and any other structures necessary in such electrification, the provisions of any law or law’s to the contrary notwithstanding.

Sec. 2.

Submarine cables at drawbridge openings.

Submarine cables may be used at drawbridge openings, provided previous approval shall have been obtained from the War Department.507

Sec. 3. Where necessary for such electrification, the Commissioners

Construction of conduit systems.

of the District of Columbia may issue permits to construct conduit systems through or under the surfaces of public streets or other District of Columbia or United States property: Provided, however,

Proviso.

Government use of three ducts.

That three ducts therein shall be reserved for the use of the United States and the District of Columbia.

Sec. 4. Nothing herein contained shall be construed as limiting

Jurisdiction not abridged.

or abridging the authority of the War Department, the Commissioners of the District of Columbia, or of the Interstate Commerce Commission.

Sec. 5. The said railroad companies shall be liable for any accident

Liability for injuries.

Vol. 45, p. 600.

to, or injuries sustained by, any person by reason of any act or omission of the railroad companies or by their agents or servants during the construction, installation, maintenance, or operation of the electrical equipment and apparatus of the railroad trains.

Approved, March 27, 1934.

Granting the consent of Congress to the Louisiana Highway Commission to construct, maintain, and operate a bridge across the Mississippi River at or near Baton Rouge, Louisiana. 1934-03-27 98 Chapter 48 Stat. 507 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 98.]

AN ACT Granting the consent of Congress to the Louisiana Highway Commission to construct, maintain, and operate a bridge across the Mississippi River at or near Baton Rouge, Louisiana.

March 27, 1934.

[S. 3067.]

[Public, No. 138.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent

Mississippi River.

Louisiana may bridge, at Baton Rouge.

of Congress is hereby granted to the Louisiana Highway Commission, an administrative body created and acting under the constitution and laws of the State of Louisiana, to construct, maintain, and

Construction.

Vol. 34. p. 84.

operate a free highway bridge, or a railway bridge in combination with a free highway bridge, and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near Baton Rouge, Louisiana, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters ”, approved March 23, 1906.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, March 27, 1934.

To prevent the loss of the title of the United States to lands in the territories or territorial possessions through adverse possession or prescription. 1934-03-27 99 Chapter 48 Stat. 507 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 99.]

AN ACT To prevent the loss of the title of the United States to lands in the territories or territorial possessions through adverse possession or prescription.

March 27, 1934.

[H. R. 5863.]

[Public, No. 139.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That hereafter no

Lands in the territories or possessions.

Title of United States not to be lost through adverse possession or prescription.

prescription or statute of limitations shall run, or continue to run, against the title of the United States to lands in any territory or possession or place or territory under the jurisdiction or control of the United States, including the Philippine Islands; and that no title to any such lands of the United States or any right therein shall be acquired by adverse possession or prescription, or otherwise than by conveyance from the United States.

Approved, March 27, 1934.

To authorize the Postmaster General to accept and use equipment, landing fields, men, and material of the War Department, for carrying the mails by air, and for other purposes. 1934-03-27 100 Chapter 48 Stat. 508 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 508 [CHAPTER 100.]

AN ACT To authorize the Postmaster General to accept and use equipment, landing fields, men, and material of the War Department, for carrying the mails by air, and for other purposes.

March 27, 1934.

[H. R. 7966.]

[Public, No. 140.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Air mail, postal service.

Temporary use of War Department equipment, etc., authorized.

That during the period not to exceed one year after the date of passage of this Act the Secretary of War is authorized to place at the disposal of the Postmaster General such airplanes, landing fields, pilots, and other employees and equipment of the Army of the United States as may be needed or required for the transportation of mail during such period by air over routes and schedules prescribed by the Postmaster

Proviso.

Airplane equipment.

General: Provided, That this authority shall not be used unless and/or until such airplanes shall be fully equipped with the special equipment necessary by standard practice for safe night and day

Pilots.

air-mail transport; and that pilots shall not be assigned to such airplanes unless and/or until fully and adequately trained in the use of such special equipment.

Sec. 2.

Postmaster General to reimburse War Department for incurred expenses.

Appropriation available.

Vol. 47, p. 1510.

The Postmaster General is authorized to transfer to the War Department such sums appropriated under the Act approved March 3, 1933, making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, for the inland transportation of mail by aircraft, and for the incidental expenses thereof incurred from and after February 10, 1934, as may be required to pay the expenses of carrying the mails of the United

Replacement for damaged, etc., airplane.

States as provided in section 1 hereof, including replacement for all airplanes and equipment and other material damaged, destroyed, or

Proviso.

Per diem allowance.

Vol. 44, p. 688.

U. S. C., Supp VII, p. 53.

expended thereby: Provided, That officers, warrant officers, and enlisted men of the Army on duty hereunder, while away from their permanent posts of duty, shall be paid the same per diem as is payable to civilian employees of the United States under the Subsistence Expense Act of 1926, as amended.

Sec. 3.

Status of military personnel not affected by change of duty.

The performance by military personnel of duty hereunder shall in no way disturb or change their military status under their respective commissions, warrants, or enlistments, in the Army, or any right, privilege, benefit, or responsibility, growing out of said military status.

Sec. 4.

Injuries in line of duty.

In case any officer (including warrant and Reserve officers) or enlisted man is injured or killed while performing duty hereunder,

Payment of pension prescribed by Veterans’ Regulation, No. 1(a).

the Administrator of Veterans’ Affairs is authorized and directed to pay to such officer or enlisted man, and/or his dependents, pension at the rate prescribed in part I, Veterans’ Regulation Numbered

Provisos.

Determination of degree of disability.

1 (a), and amendments thereto: Provided, That in the event of injury of any such officer or enlisted man the degree of disability resulting therefrom shall be determined pursuant to the rating schedule authorized by Veterans’ Regulation Numbered 3 (a): Provided further,

Optional benefits.

That choice shall be made of the benefits provided in sections 4 and 5 of this Act.

Sec. 5.

Reserve officers performing duty, deemed in active service.

Injuries, etc., benefits.

Reserve officers performing duty hereunder shall be deemed to be in the active military service and if injured or killed such officer and/or his dependents and beneficiaries shall be entitled to the same benefits as in the case of officers of the Regular Army and/or

Effective date.

their dependents and beneficiaries. Section 4 and this section shall be deemed to take effect on February 10, 1934.

509

Sec. 6. The Postmaster General shall make a report to the Congress

Report to Congress.

of every payment made by him under this Act, including the cost of transporting the mail by the War Department, on the first day of the next session of the Congress.

Approved, March 27, 1934.

Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935, and for other purposes. 1934-03-28 102 Chapter 48 Stat. 509 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 102.]

AN ACT Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935, and for other purposes.

March 28, 1934.

[H. R. 6663.]

[Public, No. 141.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <num value="I"><inline class="centered">TITLE I—</inline></num> <heading><inline class="centered">APPROPRIATIONS</inline></heading> <chapeau>That the following sums are appropriated, out of any money in <sidenote>Independent Offices Appropriation Act, 1935.Appropriations for fiscal year 1935.</sidenote>the Treasury not otherwise appropriated, for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935, namely:</chapeau> <appropriations level="major"> <heading>EXECUTIVE OFFICE</heading><sidenote>Executive Office.</sidenote> <appropriations level="small"> <heading>compensation of the president and vice president</heading><sidenote>Compensation.</sidenote> <content>For compensation of the President of the United States, $75,000.<sidenote>President.</sidenote> For compensation of the Vice President of the United States, <sidenote>Vice President.</sidenote>$13,500. </content> </appropriations> <appropriations level="small"> <heading>office of the president</heading><sidenote>Office of the President.</sidenote> <content>Salaries: For personal services in the office of the President, <sidenote>Secretaries and office personnel.</sidenote>including the Secretary to the President, and two assistant secretaries to the President at $9,500 each; $113,188: <proviso>Provided, That <sidenote>Proviso.Temporary details.</sidenote>employees of the executive departments and other establishments of the executive branch of the Government may be detailed from time to time to the office of the President of the United States for such temporary assistance as may be deemed necessary</proviso>. Contingent expenses: For contingent expenses of the Executive <sidenote>Contingent expenses.</sidenote>Office, including stationery, record books, telegrams, telephones, books for library, furniture and carpets for offices, automobiles, expenses of garage, including labor, special services, and miscellaneous items, to be expended in the discretion of the President, $38,452. For printing and binding, $2,700.<sidenote>Printing and binding.</sidenote> Traveling expenses: For traveling and official entertainment <sidenote>Traveling, etc., expenses.</sidenote>expenses of the President of the United States, to be expended in his discretion and accounted for on his certificate solely, $25,000. </content> </appropriations> <appropriations level="small"> <heading>executive mansion and grounds</heading><sidenote>Executive Mansion, etc.</sidenote> <content>For the care, maintenance, repair and alteration, refurnishing, <sidenote>Care, repair, etc.</sidenote>improvement, heating, and lighting, including electric power and fixtures of the Executive Mansion, the Executive Mansion greenhouses, including reconstruction, and the Executive Mansion grounds, and traveling expenses, to be expended as the President may determine, notwithstanding the provisions of any other Act, $174,210, to be immediately available, of which $50,000 shall be available until expended. Total, Executive Office, $442,050. </content> </appropriations> </appropriations> <page identifier="/us/stat/48/510">510</page> <appropriations level="major"> <heading>INDEPENDENT ESTABLISHMENTS</heading> <sidenote>Independent Establishments.</sidenote> <appropriations level="small"> <heading>alien property custodian</heading> <sidenote>Alien Property Custodian.Trading with the Enemy Act, amendment.Vol. 42, p. 1516; Vol. 45, p. 276.Recovery by enemy person, etc., of deductions made by custodian for administrative expenses.</sidenote> <content>Subsection (a) of Section 24 of the Trading with the Enemy Act, as amended, is amended by adding at the end thereof the following: <quotedContent>“No claim shall be filed with the Alien Property Custodian or allowed by him or by the President of the United States, nor shall any suit be instituted or maintained against the Alien Property Custodian or the Treasurer of the United States, or the United States, under any provisions of law, by any person who was an enemy or ally of enemy as defined in the Trading with the Enemy Act, as amended, and no allowance of any such claim now pending shall be made, nor judgment entered in any such suit heretofore or hereafter instituted, for the recovery of any deduction or deductions, heretofore or hereafter made by the Alien Property Custodian from money or properties, or income therefrom, held by him or by the Treasurer of the United States hereunder, for the general or administrative expenses of the office of the Alien Property Custodian, which deduction or deductions on the collection of any income do not exceed the sum of two per centum of such income or which on the return of any moneys or properties or income therefrom, do not exceed the sum of two per centum of the aggregate value thereof at the time or times <sidenote>Of deductions for expenses administering seized property.</sidenote>as nearly as may be, of such deduction or deductions, or, for the recovery of any deduction or deductions heretofore or hereafter made by the Alien Property Custodian from money or properties or income therefrom held by him or by the Treasurer of the United States hereunder, for any and all necessary expenses incurred and actually disbursed by the Alien Property Custodian or by any depositary for him in securing the possession, collection or control of any such money or properties or income therefrom, or in protecting or administering the same, as said general or administrative and other expenses and said aggregate value of returned money or properties or income therefrom have been heretofore or shall be hereafter determined by said Alien Property Custodian.”</quotedContent></content> </appropriations> </appropriations> <appropriations level="major"> <heading>AMERICAN BATTLE MONUMENTS COMMISSION</heading> <sidenote>American Battle Monuments Commission.</sidenote> <content>The appropriations heretofore made for the American Battle Monuments Commission are hereby increased in an amount sufficient to cover all losses which have been or may hereafter be incurred by the Commission due to the fluctuation of the Franco-American exchange below the rate of 25.30 francs to $1.</content> </appropriations> <appropriations level="major"> <heading>BOARD OF MEDIATION</heading><sidenote>Board of Mediation.Members of the Board.All other expenses.</sidenote> <content>For five members of the Board, and for other authorized expenditures of the Board of Mediation in performing the duties imposed by law, including personal services; contract stenographic reporting services; supplies and equipment; law books and books of reference; not to exceed $200 for newspapers; periodicals; traveling expenses; and rent of quarters outside the District of Columbia; $124,764, of which amount not to exceed $110,000 may be expended for personal services in the District of Columbia, including the sum of $4,250, <sidenote>Payments to designated persons.</sidenote>which shall be immediately available and shall be paid in equal portions to the folio wing-named persons, heirs at law of Frank P. Glass, late a member of the board, who served without compensation as such member from July 14, 1933, to January 10, 1934, the date of <page identifier="/us/stat/48/511">511</page>his death: Frank P. Glass, Junior; J. Purnell Glass, Christine Glass, Louise Glass Marzoni, Evelyn Byrd Glass McCoy, and H. Boyson Glass. Arbitration boards: To enable the Board of Mediation to pay <sidenote> Arbitration boards.Vol. 44, p. 586.U.S.C., p. 2110.Ante, p. 286.</sidenote>necessary expenses of arbitration boards, including compensation of members and employees of such boards, together with their necessary traveling expenses and expenses actually incurred for subsistence while so employed, and printing of awards, together with proceedings and testimony relating thereto, as authorized by the Railway Labor Act, including also contract stenographic reporting service, and rent of quarters when suitable quarters cannot be supplied in any Federal building, the unexpended balances of the appropriations for this purpose available for the fiscal year 1934 are hereby continued available for the fiscal year 1935. Emergency boards: For expenses of emergency boards appointed <sidenote>Emergency boards.Vol. 44, p. 586.U.S.C., Supp. VII, p. 948.Balance reappropriated.Ante, p. 286.Printing and binding.</sidenote>by the President to investigate and report respecting disputes between carriers and their employees, as authorized by section 10, Railway Labor Act, approved May 20, 1926 (U.S.C., Supp. VI, title 45, sec. 154), the unexpended balances of the appropriation for this purpose for the fiscal year 1934 are hereby continued available for the fiscal year 1935. For all printing and binding for the Board of Mediation, $800. Total, Board of Mediation, $125,564. </content> </appropriations> <appropriations level="major"> <heading>BOARD OF TAX APPEALS</heading> <sidenote>Board of Tax Appeals.</sidenote> <content>For every expenditure requisite for and incident to the work of <sidenote>All expenditures.Vol. 43, p. 336; Vol. 44, p. 105; Vol. 45, p. 871; Vol. 47, p. 286.</sidenote>the Board of Tax Appeals as authorized under title IX, section 900, of the Revenue Act of 1924, approved June 2, 1924, as amended by title X of the Revenue Act of 1926, approved February 26, 1926, and title IV of the Revenue Act of 1928, approved May 29, 1928, and title IX of the Revenue Act of 1932, approved June 6, 1932, including personal services and contract stenographic reporting services, rent outside the District of Columbia, traveling expenses, car fare, stationery, furniture, office equipment, purchase and exchange of typewriters, law books and books of reference, periodicals, and all other necessary supplies, $482,116, of which amount not to exceed $436,350 may be expended for personal services in the District of Columbia.For all printing and binding for the Board of Tax Appeals, <sidenote>Printing and binding.</sidenote>$20,000.Total, Board of Tax Appeals, $502,116. </content> </appropriations> <appropriations level="major"> <heading>CIVIL SERVICE COMMISSION</heading> <sidenote>Civil Service Commission.</sidenote> <content>For three Commissioners and other personal services in the District <sidenote>Commissioners and office personnel.Examination of Presidential postmasters.</sidenote>of Columbia, including personal services required for examination of Presidential postmasters, and including not to exceed $1,000 for employment of expert examiners not in the Federal service on special subjects for which examiners within the service are not available, and for personal services in the field; for necessary traveling <sidenote>Traveling expenses, etc.</sidenote>expenses, including those of examiners acting under the direction of the Commission, and for expenses of examinations and investigations held elsewhere than at Washington, including not to exceed $1,000 for expenses of attendance at meetings of public officials when specifically directed by the Commission; for furniture and other <sidenote>Miscellaneous expenses.</sidenote>equipment and repairs thereto; supplies; advertising; telegraph, telephone, and laundry service; freight and express charges; streetcar fares not to exceed $300; stationery; purchase and exchange of <page identifier="/us/stat/48/512">512</page>law books, books of reference, directories, subscriptions to newspapers and periodicals, not to exceed $1,000; charts; purchase, exchange, maintenance, and repair of motor trucks, motorcycles, and bicycles; garage rent; postage stamps to prepay postage on matter addressed to Postal Union countries; special-delivery stamps; and other like miscellaneous necessary expenses not hereinbefore provided for, $1,467,816, of which not to exceed $200,000 shall be immediately <sidenote>Provisos.Details from Departments, etc., in the District forbidden.</sidenote>available: <proviso>Provided, That no details from any executive department or independent establishment in the District of Columbia or elsewhere to the Commission’s central office in Washington or to any of its district offices shall be made during the fiscal year ending June 30, 1935, but this shall not affect the making of details for service as members of the boards of examiners outside the immediate <sidenote>Emergency transfers allowed.</sidenote>offices of the district managers</proviso>: <proviso>Provided further, That the Civil Service Commission shall have power in case of emergency to transfer or detail any of its employees to or from its office or field force</proviso>: <sidenote>Adjustment of classifications.Vol. 47, p. 416.</sidenote><proviso>Provided further, That the provisions of section 506 of part II of the Legislative Appropriation Act, fiscal year 1933, shall not operate, after June 30, 1934, to prevent the adjustment of classification or compensation to conform to the duties to which the employees of the Commission may be assigned</proviso>.<sidenote>Printing and binding.</sidenote> For all printing and binding for the Civil Service Commission, including all of its bureaus, offices, institutions, and services located in Washington and elsewhere, $55,000, of which not to exceed $20,000 shall be immediately available.Total, Civil Service Commission, $1,522,816. </content> </appropriations> <appropriations level="major"> <heading>EMPLOYEES’ COMPENSATION COMMISSION</heading> <sidenote>Employees’ Compensation Commission.Commissioners, and office personnel.</sidenote> <content>For three Commissioners and other personal services in the District of Columbia, including not to exceed $1,000 for temporary experts and assistants in the District of Columbia and elsewhere, to be paid at a rate not exceeding $8 per day, and for personal services in the field, for furniture and other equipment and repairs thereto; law books, books of reference, periodicals; stationery and supplies; traveling expenses; fees and mileage of witnesses; contract stenographic reporting services; rent at the seat of government and elsewhere; and miscellaneous items; $361,510.<sidenote>Printing and binding.</sidenote> For all printing and binding for the Employees’ Compensation Commission, $4,000.<sidenote>Employees’ compensation fund.Vol. 39, pp. 743, 747.U.S.C., p. 80.</sidenote> Employees’ compensation fund: For the payment of compensation provided by “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes”, approved September 7, 1916 (U.S.C., title 5, sec. 785), including medical examinations, traveling and other expenses, and loss of wages payable to employees under sections 21 and 22; all services, appliances, and supplies provided by section 9 as amended, including payments to Army and Navy <sidenote>Burial, etc., expenses.Recoveries.</sidenote>hospitals; the transportation and burial expenses provided by sections 9 and 11; and advancement of costs for the enforcement of recoveries provided in sections 26 and 27 where necessary, accruing during the fiscal year 1935 or in prior fiscal years, $3,987,900. Total, Employees’ Compensation Commission, $4,353,410. </content> </appropriations> <appropriations level="major"> <heading>FEDERAL POWER COMMISSION</heading> <sidenote>Federal Power Commission.Expenses.Vol. 41, p. 1063; Vol. 46, p. 797.U.S.C., Supp. VII, p. 336.</sidenote> <content>For every expenditure requisite for and incident to the work of the Federal Power Commission as authorized by law, including personal services; traveling expenses, including expenses of attendance at meetings which in the discretion of the Commission are <page identifier="/us/stat/48/513">513</page>necessary for the efficient discharge of its responsibilities; contract stenographic reporting services; reimbursement to governmental agencies of the cost of furnishing motor-driven passenger-carrying vehicle service, and not exceeding $2,000 for law books, books of reference, newspapers, and periodicals; $274,803, of which amount not to exceed $234,000 shall be available for personal services in the District of Columbia: <proviso>Provided, That not to exceed $20,000 <sidenote>Proviso.Sum immediately available.Printing and binding.</sidenote>shall be immediately available</proviso>. For all printing and binding for the Federal Power Commission, $2,500. Total, Federal Power Commission, $277,303. </content> </appropriations> <appropriations level="major"> <heading>FEDERAL RADIO COMMISSION</heading><sidenote>Federal Radio Commission.</sidenote> <content>For five commissioners, and for all other authorized expenditures <sidenote>Commissioners and other expenses.Vol. 44, p. 1162; Vol. 46, p. 50Vol. 36, p. 629; Vol. 37, p. 199.U.S.C., p. 1507; Supp. VII, p.969.Executive Order 5892.Vol. 45, p. 2760.</sidenote>of the Federal Radio Commission in performing the duties imposed by the Radio Act of 1927, approved February 23, 1927, as amended (U.S.C., Supp. VI, title 47, secs. 81–119), the Ship Act of 1910, approved June 24, 1910, as amended (U.S.C., title 46, secs. 484–487), Executive Order Numbered 5892, dated July 20, 1932, and the International Radiotelegraphic Convention (45 Stat., pt. 2, p. 2760), including personal services, contract stenographic reporting services, rental of quarters, newspapers, periodicals, reference books, law books, special counsel fees, supplies and equipment, including purchase and exchange of instruments, which may lie purchased without <sidenote>R.S., sec. 3709. p. 733.U.S.C., p. 1309.</sidenote>regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) when the aggregate amount involved does not exceed $25, improvement and care of grounds and repairs to buildings, not to exceed $1,000, traveling expenses, including expenses of attendance at meetings which in the discretion of the Commission are necessary for the efficient discharge of its responsibilities, and other necessary expenses, $651,885, of which amount not to exceed $328,500 may be <sidenote>Services in the District.Proviso.Adjustment of classifications, etc.Vol. 47, p. 417.</sidenote>expended for personal services in the District of Columbia: <proviso>Provided, That the provisions of section 512 of part II of the Legislative Appropriation Act, fiscal year 1933, shall not operate, after June 30, 1934, to prevent the adjustment of classification or compensation to conform to the duties to which the employees of the Commission may be assigned</proviso>. For all printing and binding for the Federal Radio Commission, <sidenote>Printing and binding.</sidenote>$15,000. Total, Federal Radio Commission, $666,885. </content> </appropriations> <appropriations level="major"> <heading>FEDERAL TRADE COMMISSION</heading><sidenote>Federal Trade Commission.</sidenote> <content>For five commissioners, and for all other authorized expenditures <sidenote>Commissioners, and other expenses.Vol. 38, p. 717.U.S.C., p. 356.Post, p. 1026.</sidenote>of the Federal Trade Commission in performing the duties imposed by law or in pursuance of law, including secretary to the Commission and other personal services, contract stenographic reporting services; supplies and equipment, law books, books of reference, periodicals, garage rentals, traveling expenses, including not to exceed $900 for expenses of attendance, when specifically authorized by the Commission, at meetings concerned with the work of the Federal Trade Commission, for newspapers and press clippings not to exceed $400, foreign postage, and witness fees and mileage in accordance with <sidenote>Witness fees, mileage.Vol. 38, p. 722.U.S.C., p. 359.</sidenote>section 9 of the Federal Trade Commission Act; $1,708,730, of which $150,000 shall be immediately available. For all printing and binding for the Federal Trade Commission, <sidenote>Printing and binding.</sidenote>$34,000. Total, Federal Trade Commission, $1,742,730. </content> </appropriations> <page identifier="/us/stat/48/514">514</page> <appropriations level="major"> <heading>GENERAL ACCOUNTING OFFICE</heading> <sidenote>General Accounting Office.Comptroller General, Assistant, and office personnel.</sidenote> <content>Salaries: For Comptroller General, Assistant Comptroller General, and other personal services in the District of Columbia and elsewhere, $3,292,920.<sidenote>Contingent expenses.</sidenote> Contingent expenses: For traveling expenses, including stenographic reporting service outside of the District of Columbia not exceeding $2,500, by contract or otherwise; materials, supplies, equipment, and services; rent of buildings and equipment; purchase and exchange of books, law books, books of reference, and periodicals, typewriters, calculating machines, and other office appliances, including their development, repairs, and maintenance, including one motor-propelled passenger-carrying vehicle; and miscellaneous <sidenote>Proviso.Minor purchases.R.S., sec. 3709, p. 733.U.S.C., p. 1309.</sidenote>items; $110,000: <proviso>Provided, That section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) shall not be construed to apply to any purchase or service rendered for the General Accounting Office when the aggregate amount involved does not exceed the sum of $50</proviso>.<sidenote>Printing and binding.</sidenote> For all printing and binding for the General Accounting Office, including monthly and annual editions of selected decisions of the Comptroller General of the United States, $59,000. Total, General Accounting Office, $3,461,920. </content> </appropriations> <appropriations level="major"> <heading>INTERSTATE COMMERCE COMMISSION</heading> <sidenote>Interstate Commerce Commission.</sidenote> <appropriations level="small"> <heading>salaries and expenses</heading> <sidenote>Salaries and expenses.Commissioners, etc.</sidenote> <content>General administrative expenses: For eleven commissioners, secretary, and for all other authorized expenditures necessary in the execution of laws to regulate commerce, including one chief counsel, one director of finance, and one director of traffic at $10,000 each per annum, field hearings, traveling expenses, and contract stenographic <sidenote>Reporting service.Services in the District.</sidenote>reporting services; $2,526,216, of which amount not to exceed $2,205,000 may be expended for personal services in the District of Columbia, exclusive of special counsel, for which the <sidenote>Books, furniture, etc.</sidenote>expenditure shall not exceed $50,000; not exceeding $3,000 for purchase and exchange of necessary books, reports, and periodicals; not exceeding $100 in the open market for the purchase of office furniture similar in class or kind to that listed in the general supply schedule.<sidenote>Enforcing accounting by railroads.Vol. 34, p. 593; Vol. 36, p. 556; Vol. 41, p. 493.U.S.C., pp. 1668–1670.</sidenote> Regulating accounts: To enable the Interstate Commerce Commission to enforce compliance with section 20 and other sections of the Interstate Commerce Act as amended by the Act approved June 29, 1906 (U.S.C., title 49, sec. 20), and as amended by the Transportation Act, 1920 (U.S.C., title 49, sec. 20), including the <sidenote>Services in the District.</sidenote>employment of necessary special accounting agents or examiners, and traveling expenses, $778,888, of which amount not to exceed $135,000 may be expended for personal services in the District of Columbia.<sidenote>Safety of employees, etc.Appliances, etc.Vol. 27, p. 531; Vol. 29, p. 85; Vol. 32, p. 943; Vol. 36, p. 298.Accidents.Vol. 36, p. 350.Safety signals.Vol. 34, p. 838; Vol. 35, p. 324; Vol. 38, p. 212.U.S.C., p. 1441.</sidenote> Safety of employees: To enable the Interstate Commerce Commission to keep informed regarding and to enforce compliance with Acts to promote the safety of employees and travelers upon railroads; the Act requiring common carriers to make reports of accidents and authorizing investigations thereof: and to enable the Interstate Commerce Commission to investigate and test appliances intended to promote the safety of railway operation, as authorized by the joint resolution approved June 30, 1906 (U.S.C., title 45, sec. 35), and the provision of the Sundry Civil Act approved May 27, 1908 (U.S.C., title 45, secs. 36, 37), to investigate, test experimentally, and report on the use and need of any appliances or sys-<page identifier="/us/stat/48/515">515</page>tems intended to promote the safety of railway operation, inspectors, inspectors, <sidenote>Inspectors.Services in the District.</sidenote>and for traveling expenses, $461,970, of which amount not to exceed $81,000 may be expended for personal services in the District of Columbia. Signal safety, systems: For all authorized expenditures under <sidenote>Safety systems.Vol. 41, p. 498.U.S.C., p. 1673.</sidenote>section 26 of the Interstate Commerce Act as amended by the Transportation Act, 1920 (U.S.C., title 49, sec. 26), with respect to the provision thereof under which carriers by railroad subject to the Act may be required to install automatic train-stop or train-control <sidenote>Automatic train control.Vol. 34, p. 838.U.S.C., p. 1441.</sidenote>devices which comply with specifications and requirements prescribed by the Commission, including investigations and tests pertaining to block-signal and train-control systems, as authorized by the joint resolution approved June 30, 1906 (U.S.C., title 45, sec. 35), and including the employment of the necessary engineers, and for traveling expenses, $36,590, of which amount not to exceed <sidenote>Services in the District.</sidenote>$31,500 may be expended for personal services in the District of Columbia. Locomotive inspection: For all authorized expenditures under <sidenote>Locomotive inspection.Vol. 36, p. 913; Vol. 38, p. 1192; Vol. 40, p. 616; Vol. 43, p. 659.U.S.C., pp. 1439,1441.</sidenote>the provisions of the Act of February 17, 1911, entitled “<shortTitle role="act">An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurtenances thereto</shortTitle>” (U.S.C., title 45, sec. 22), as amended by the Act of March 4, 1915, extending “ the same powers and duties with respect to all parts and appurtenances of the locomotives and tender ” (U.S.C., title 45, sec. 30), and amendment of June 7, 1924 (U.S.C., title 45, sec. 27), providing for the appointment from time to time <sidenote>Additional inspectors.Vol. 36, p. 914; Vol. 43, p. 659; Vol. 46, p. 823U.S.C., pp. 1439,1441; Supp. VII, p. 947.</sidenote>by the Interstate Commerce Commission of not more than fifteen inspectors in addition to the number authorized in the first paragraph of section 4 of the Act of 1911 (U.S.C., title 45, sec. 26), and the amendment of June 27, 1930 (U.S.C., Supp. VI, title 45, secs. 24, 26), including such legal, technical, stenographic, and clerical help as the business of the offices of the chief inspector and his two assistants may require and for traveling expenses, $449,606, of which amount not to exceed $67,500 may be expended for personal services in the District of Columbia. Valuation of property of carriers: To enable the Interstate Commerce <sidenote>Physical valuation of railroads, etc.Vol. 37, p. 701; Vol. 40, p. 271; Vol. 42, p. 624.U.S.C., p. 1667.</sidenote>Commission to carry out the objects of the Act entitled “<shortTitle role="act">An Act to amend an Act entitled ‘An Act to regulate commerce approved February 4, 1887, and all Acts amendatory thereof, by providing for a valuation of the several classes of property of carriers subject thereto and securing information concerning their <sidenote>Issue of stock, etc.</sidenote>stocks, bonds, and other securities</shortTitle>”, approved March 1, 1913, as amended by the Act of June 7, 1922 (U.S.C., title 49, sec. 19a), and by the “ Emergency Railroad Transportation Act, 1933 ” (48 Stat., <sidenote>Ante, p. 221.</sidenote> p. 221), including one director of valuation at $10,000 per annum, and traveling expenses, $1,052,700. In all, salaries and expenses, Interstate Commerce Commission, $5,305,970. For all printing and binding for the Interstate Commerce Commission, <sidenote>Printing and binding.</sidenote>including reports in all cases proposing general changes in transportation rates and not to exceed $10,000 to print and furnish to the States, at cost, report form blanks, and the receipts from such reports and blanks shall be credited to this appropriation, $125,000: <proviso>Provided, That no part of this sum shall be expended for printing <sidenote>Proviso.Schedule of sailings excluded.Vol. 41, p. 497.</sidenote>the Schedule of Sailings required by section 25 of the Interstate Commerce Act</proviso>. <page identifier="/us/stat/48/516">516</page><sidenote>Attendance at meetings, etc.</sidenote> Not to exceed $2,500 of the appropriations herein made for the Interstate Commerce Commission shall be available for expenses, except membership fees, for attendance at meetings concerned with the work of the Commission. Total, Interstate Commerce Commission, $5,430,970. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS</heading><sidenote>National Advisory Committee for Aeronautics.All expenses, scientific research, etc.</sidenote> <content>For scientific research, technical investigations, and special reports in the field of aeronautics, including the necessary laboratory and technical assistants; contracts for personal services in the making of special investigations and in the preparation of special reports; traveling expenses of members and employees; including not to <sidenote>Attendance at meetings.</sidenote>exceed $500 for expenses, except membership fees, of attendance upon meetings of technical and professional societies; office supplies and other miscellaneous expenses, including technical periodicals and books of reference; equipment, maintenance, and operation of <sidenote>Langley Laboratory.</sidenote>the Langley Memorial Aeronautical Laboratory; purchase, maintenance, operation, and exchange of motor-propelled passenger-carrying vehicles, including not more than one for general administrative use in the District of Columbia; personal services in the field <sidenote>Services in the District.Living quarters.Vol. 46, p. 818; U.S.C., Supp. VII, p. 20.</sidenote>and the District of Columbia; in all, $707,792, of which amount to exceed $2,000 may be expended for allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (46 Stat. 818), but not to exceed $720 may be so used for any one person and not to exceed $84,600 for personal services in the District of Columbia.<sidenote>Printing and binding.</sidenote> For all printing and binding for the National Advisory Committee for Aeronautics, including all of its offices, laboratories, and services located in Washington, District of Columbia, and elsewhere, $18,700. Total, National Advisory Committee for Aeronautics, $726,492. </content> </appropriations> <appropriations level="major"> <heading>PUERTO RICAN HURRICANE RELIEF COMMISSION</heading><sidenote>Puerto Rican Hurricane Relief Commission.Sum available for administrative expenses.</sidenote> <content>To enable the Puerto Rican Hurricane Relief Commission to continue collection and administration of moneys due the. United States on account of loans made under the joint resolutions approved December 21, 1928 (45 Stat. 1067), and January 22, 1930 (46 Stat. 57), not to exceed $25,000 of any unobligated balances of appropriations made by authority of those joint resolutions, including repayment of principal and/or payments of interest on such loans, is hereby made available for administrative expenses during the fiscal <sidenote>Provisos.Payments when loan appropriations are not available.New loans.</sidenote>year 1935: <proviso>Provided, That otherwise proper payments made or to be made prior to July 1, 1934, for administrative or other necessary expenses shall not be questioned because of the nonavailability of the loan appropriations for such expenses</proviso>: <proviso>Provided further, That no part of any unexpended balances available for expenditure by the Commission may be used for making any new loans after January 15, 1934</proviso>.</content> </appropriations> <appropriations level="major"> <heading>SMITHSONIAN INSTITUTION</heading> <sidenote>Smithsonian Institution.Administrative expenses.</sidenote> <content>For expenses of the general administrative office, Smithsonian Institution, compensation of necessary employees, traveling expenses, purchase or books and periodicals, supplies and equipment, and any other necessary expenses, $34,338.<sidenote>International exchanges.</sidenote> International exchanges: For the system of international exchanges between the United States and foreign countries, under the direction of the Smithsonian Institution, including necessary employees, <page identifier="/us/stat/48/517">517</page>and purchase of necessary books and periodicals, and traveling expenses, $39,692. American ethnology: For continuing ethnological researches among <sidenote>American ethnology.</sidenote>the American Indians and the natives of Hawaii, the excavation and preservation of archæologic remains under the direction of the Smithsonian Institution, including necessary employees, the preparation of manuscripts, drawings, and illustrations, the purchase of books and periodicals, and traveling expenses, $52,910. Astrophysical Observatory: For maintenance of the Astrophysical <sidenote>Astrophysical Observatory.</sidenote>Observatory, under the direction of the Smithsonian Institution, including assistants, purchase of books, periodicals, and apparatus, making necessary observations in high altitudes, repairs and alterations of buildings, preparation of manuscripts, drawings, and illustrations, traveling expenses, and miscellaneous expenses, $27,988. </content> </appropriations> <appropriations level="small"> <heading>national museum</heading> <sidenote>National Museum.</sidenote> <content>For cases, furniture, fixtures, and appliances required for the <sidenote>Equipment, etc.</sidenote>exhibition and safe-keeping of collections; heating, lighting, electrical, telegraphic, and telephonic service, repairs and alterations of buildings, shops, and sheds, including approaches and all necessary material; personal services, and traveling and other necessary incidental expenses, $132,622. Preservation of collections: For continuing preservation, exhibition, <sidenote>Preserving collections, etc.</sidenote>and increase of collections from the surveying and exploring expeditions of the Government, and from other sources, including personal services, traveling expenses, purchasing and supplying uniforms <sidenote>Contingent expenses.</sidenote>to guards and elevator conductors, postage stamps and foreign postal cards and all other necessary expenses, and not exceeding $5,500 for preparation of manuscripts, drawings, and illustrations for publications, and not exceeding $3,000 for purchase of books, pamphlets, and periodicals, $537,839. </content> </appropriations> <appropriations level="small"> <heading>national gallery of art</heading><sidenote>National Gallery of Art.</sidenote> <content>For the administration of the National Gallery of Art by the <sidenote>Administrative expenses.</sidenote>Smithsonian Institution, including compensation of necessary employees, purchase of books of reference and periodicals, traveling expenses, uniforms for guards, and necessary incidental expenses, $31,135.</content> </appropriations> <appropriations level="small"> <heading>printing and binding</heading> <content>For all printing and binding for the Smithsonian Institution, <sidenote>Printing and binding.</sidenote>including all of its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, $17,500. Total, Smithsonian Institution, $874,024, of which amount not to <sidenote>Services in the District.</sidenote>exceed $792,297 may be expended for personal services in the District of Columbia. </content> </appropriations> <appropriations level="major"> <heading>TARIFF COMMISSION</heading><sidenote>Tariff Commission.</sidenote> <content>For salaries and expenses of the United States Tariff Commission, <sidenote>Salaries and expenses.Post, p. 1027.</sidenote>including purchase and exchange of labor-saving devices, the purchase of professional and scientific books, law books, books of reference, gloves and other protective equipment for photostat and other machine operators, rent in the District of Columbia and elsewhere, <sidenote>Reporting.Vol. 46, p. 696.U.S.C., Supp. VII, p. 429.</sidenote>subscriptions to newspapers and periodicals, and contract stenographic reporting services, as authorized by sections 330 to 341 of the Tariff Act of 1930, approved June 17, 1930 (U.S.C., Supp. VI, title 19, secs. 1330–1341), $826,398, of which amount not to exceed $725,000 may be expended for personal services in the District of Columbia; not to exceed $2,500 for expenses, except membership <page identifier="/us/stat/48/518">518</page>fees, of attendance at meetings concerned with subjects under investigation <sidenote>Living quarters.Vol. 46, p. 818.U.S.C., Supp. VII, p. 20.</sidenote>by the Commission; and not to exceed $7,500 for allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a), but not to exceed $720 may be so used for any one person: <sidenote>Provisos.Supplies and services.R.S., sec. 3709, p. 733.U.S.C., p. 1309.Salary restriction.Vol. 46, p. 701.</sidenote><proviso>Provided, That the Commission may procure supplies and services without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) when the aggregate amount involved does not exceed $50</proviso>: <proviso>Provided further, That no part of this appropriation shall be used to pay the salary of any member of the United States Tariff Commission who shall hereafter participate in any proceedings under sections 336.337, and 338 of the Tariff Act of 1930, wherein he or any member of his family has any special, direct, and pecuniary interest, or in which he has acted as attorney or special representative</proviso>.<sidenote>Printing and binding.</sidenote> For all printing and binding for the Tariff Commission, $14,500. Total, Tariff Commission, $840,898. </content> </appropriations> <appropriations level="major"> <heading>UNITED STATES GEOGRAPHIC BOARD</heading> <sidenote>United States Geographic Board.Salaries and expenses.</sidenote> <content>For salaries and expenses of the United States Geographic Board, including personal services in the District of Columbia, and for stationery and office supplies, $8,140.<sidenote>Printing and binding.</sidenote> For printing and binding, $1,300. Total, United States Geographic Board, $9,440. </content> </appropriations> <appropriations level="major"> <heading>VETERANS’ ADMINISTRATION</heading> <sidenote>Veterans’ Administration.</sidenote> <appropriations level="small"> <heading>military services</heading><sidenote>Military services.Administration, medical, hospital, and domiciliary services.Salaries and expenses.</sidenote> <content>Administration, medical, hospital, and domiciliary services: For all salaries and expenses of the Veterans’ Administration, including the expenses of maintenance and operation of medical, hospital, and domiciliary services of the Veterans’ Administration, in carrying out the duties, powers, and functions devolving upon it pursuant to the <sidenote>Vol. 46, p. 1016.U.S.C., Supp. VII, p. 831.</sidenote>authority contained in the Act entitled “<shortTitle role="act">An Act to authorize the President to consolidate and coordinate governmental activities affecting war veterans</shortTitle>”, approved July 3, 1930 (U.S.C., Supp. VI, title 38, secs. 11–11f), and any and all laws for which the Veterans’ Administration is now or may hereafter be charged with administering, <sidenote>Provisos.Payments to State institutions.</sidenote>$86,740,099: <proviso>Provided, That when found to be to the best interest of the United States, not to exceed $500,000 of this amount may be used for payments to State institutions caring for and maintaining veterans, suffering from neuropsychiatric ailments, who are in such institutions on the date of the enactment of this Act</proviso>: <proviso>Provided further, That not to exceed $3,500 of this amount shall be <sidenote>Membership fees, attendance at meetings, etc.</sidenote>available for expenses, except membership fees, of employees detailed by the Administrator of Veterans’ Affairs to attend meetings of associations for the promotion of medical science and annual national <sidenote>Services, rentals, travel, etc., expenses.</sidenote>conventions of organized war veterans</proviso>: <proviso>Provided further, That this appropriation shall be available also for personal services and rentals in the District of Columbia and elsewhere, including traveling expenses; examination of estimates of appropriations in the field, including actual expenses of subsistence or per diem allowance in lieu <sidenote>Transfer of effects.</sidenote>thereof; for expenses incurred in packing, crating, drayage, and transportation of household effects and other property, not exceeding in any one case five thousand pounds, of employees when transferred from one official station to another for permanent duty and when <sidenote>Wearing apparel.</sidenote>specifically authorized by the Administrator; furnishing and laundering of such wearing apparel as may be prescribed for employees in the performance of their official duties; purchase and exchange of <page identifier="/us/stat/48/519">519</page>law books, books of reference, periodicals, and newspapers; for <sidenote>Motor vehicles.</sidenote>passenger-carrying and other motor vehicles, including purchase, maintenance, repair, and operation of same, including not more than two passenger automobiles for general administrative use of the Central Office in the District of Columbia; and notwithstanding any provisions of law to the contrary, the Administrator is authorized <sidenote>Transporting employees’ children to schools.</sidenote>to utilize Government-owned automotive equipment in transporting children of Veterans’ Administration employees located at isolated stations to and from school under such limitations as he may by regulation prescribe; and notwithstanding any provisions of law to the contrary, the Administrator is authorized to expend during the <sidenote>Actuarial services.</sidenote>fiscal year 1935 not to exceed $4,000 for actuarial services pertaining to the Government life insurance fund and the civil service retirement fund, to be obtained by contract, without obtaining competition, at such rates of compensation as he may determine to be reasonable; for allotment and transfer to the Public Health Service, the <sidenote>Transfer of applicable funds.</sidenote>War, Navy, and Interior Departments, for disbursement by them under the various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans’ Administration, including minor repairs and improvements of existing facilities under their jurisdiction necessary to such care and treatment; for expenses incidental to the <sidenote>Operating farms, recreational facilities, etc.</sidenote>maintenance and operation of farms; tor recreational articles and facilities at institutions maintained by the Veterans’ Administration; for administrative expenses incidental to securing employment for war veterans; for funeral, burial, and other expenses incidental <sidenote>Funeral, etc., expenses.</sidenote>thereto for beneficiaries of the Veterans’ Administration accruing during the fiscal year 1935 or prior fiscal years</proviso>: <proviso>Provided further,That the appropriations herein made for the care and maintenance <sidenote>Purchase of tobacco.</sidenote>of veterans in hospitals or homes under the jurisdiction of the Veterans’ Administration shall be available for the purchase of tobacco to be furnished, subject to such regulations as the Administrator of Veterans’ Affairs shall prescribe, to veterans receiving hospital treatment or domiciliary care in Veterans’ Administration hospitals or homes</proviso>: <proviso>Provided further, That the appropriations herein made for medical and hospital services under the jurisdiction of the Veterans’ Administration shall be available, not to exceed $10,000, for <sidenote>Experiments to determine value of different treatments.State, etc., homes; aid to.</sidenote>experimental purposes to determine the value of certain types of treatment</proviso>: <proviso>Provided further, That this appropriation shall be available for continuing aid to State or Territorial homes for the support of disabled volunteer soldiers and sailors, in conformity with the <sidenote>Vol. 25, p. 450.U.S.C., p. 677.</sidenote>Act approved August 27, 1888 (U.S.C., title 24, sec. 134), as amended, for those veterans eligible for admission to Veterans’ Administration facilities for domiciliary care</proviso>. No part of this appropriation shall be expended for the purchase <sidenote>Use for new hospital site, hospital, etc., forbidden.Amount for improvements, etc.</sidenote>of any site for or toward the construction of any new hospital or home, or for the purchase of any hospital or home; and not more than $3,269,500 of this appropriation may be used to repair, alter, improve, or provide facilities in the several hospitals and homes under the jurisdiction of the Veterans’ Administration either by contract or by the hire of temporary employees and the purchase of materials. For printing and binding for the Veterans’ Administration, <sidenote>Printing and binding.</sidenote>including all its bureaus and functions located in Washington, District of Columbia, and elsewhere, $130,000: <proviso>Provided, That the <sidenote>Proviso.Use of branch equipment.</sidenote>Administrator of Veterans’ Affairs is authorized to utilize the printing and binding equipment which the various hospitals and homes of the Veterans’ Administration use for occupational therapy purposes for the purpose of doing such printing and binding as <page identifier="/us/stat/48/520">520</page>may, in his judgment, be found advisable for the use of the Veterans’ <sidenote>Restrictions waived.Vol. 28, p. 622; Vol. 40, p. 1270.U.S.C., p. 1421.</sidenote>Administration, notwithstanding the provisions of section 87 of the Act entitled “<shortTitle role="act">An Act providing for the public printing and binding and the distribution of public documents</shortTitle>”, approved January 12, 1895, and section 11 of the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1920, and for other purposes, approved March 1, 1919 (U.S.C., title 44, sec. 111)</proviso>.<sidenote>Pensions.</sidenote> Pensions: For the payment of pensions, gratuities, and allowances, now authorized under any Act of Congress, or regulation of the President based thereon, or which may hereafter be authorized, including emergency officers’ retirement pay and annuities, the administration of which is now or may hereafter be placed in the Veterans’ Administration, $290,291,997, to be immediately available: <sidenote>Proviso.Navy from naval fund.</sidenote><proviso>Provided, That Navy pensions shall be paid from the income of the Navy pension fund, so far as the same shall be sufficient for that purpose</proviso>.<sidenote>Military and naval insurance.</sidenote> For military and naval insurance accruing during the fiscal year 1935 or in prior fiscal years, 1935 or in prior fiscal years, $112,300,000.<sidenote>Adjusted service certificate fund.Vol. 43, p. 128.U.S.C., p. 1232; Supp. VII, p. 853.</sidenote> Adjusted service certificate fund: For an amount necessary under the World War Adjusted Compensation Act (U.S.C., title 38, secs. 591–683; U.S.C., Supp. VI, title 38, secs. 612–682), to provide for the payment of the face value of each adjusted service certificate in twenty years from its date or on the prior death of the veteran, <sidenote>Loans, etc.Vol. 43, p. 128; Vol. 46, p. 1429; Vol. 47, p. 724.U.S.C., p. 1233; Supp. V II, p. 855.</sidenote>and make loans to veterans and repayments to banks in accordance with section 507 of the Act, as amended (U.S.C., Supp. VI, title 38, secs. 642, 647, 650; Act July 21, 1932, 47 Stat., pp. 724–725), $50,000,000, to become available July 1, 1934, and remain available until expended.<sidenote>Adjusted service and dependent pay.Vol. 43, pp. 125, 129, 130; Vol. 44, pp. 828, 829; Vol. 45, pp. 947, 948; Vol. 46, p. 496.U.S.C., pp. 1231, 1233; Supp. VII, p. 857.</sidenote> Adjusted service and dependent pay: For payment of adjusted service credits of not more than $50 each and the quarterly installments due to dependents of deceased veterans, as provided in the Act of May 19, 1924, as amended (U.S.C., title 38, secs. 631–632, 663, 666; U.S.C., Supp. VI, title 38, secs. 661–662, 664–665, 667), $1,286,000, to be immediately available and to remain available until expended. Total, military services, $546,748,096. </content> </appropriations> <appropriations level="small"> <heading>civil-service retirement fund</heading> <sidenote>Civil Service Retirement Fund.Contribution to.Vol. 41, p. 614; Vol. 44, p. 912; Vol. 46, p. 468. U.S.C., p. 71; Supp. VII, p. 51.</sidenote> <content>For financing of the liability of the United States, created by the Act entitled “<shortTitle role="act">An Act for the retirement of employees in the classified civil service, and for other purposes</shortTitle>”, approved May 22, 1920, and Acts amendatory thereof (U.S.C., Supp. VI, title 5, sec. 707a), $20,850,000, which amount shall be placed to the credit of <sidenote>Proviso.Oleomargarine restriction.</sidenote>the “civil-service retirement and disability fund.” Total, Veterans’ Administration, $567,598,096: <proviso>Provided, That no part of this appropriation shall be expended for the purchase of oleomargarine or butter substitutes except for cooking purposes</proviso>. Total appropriated by this Act, $588,001,548.</content> </appropriations> </appropriations><sidenote>Salaries limited to average rates under Classification Act.Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.U.S.C., p. 65; Supp. V II, p. 34.</sidenote> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec.</inline> 2. </num> <content>In expending appropriations or portions of appropriations contained in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation <sidenote>Proviso.Restriction not applicable to clerical-mechanical service.</sidenote>rates specified for the grade by such Act, as amended: <proviso>Provided further, That this restriction shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, or (2) to require the <page identifier="/us/stat/48/521">521</page>reduction in salary of any person whose compensation was fixed, as <sidenote>No reduction in fixed salaries.Vol. 42, p. 1490.U.S.C., p. 66.Transfer to another position without reduction.</sidenote>of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade, in the same or different bureau, office, or other appropriation unit, (4) to prevent the payment of a salary under any <sidenote>Higher rates permitted.</sidenote>grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or (5) to <sidenote>If only one position in a grade.</sidenote>reduce the compensation of any person in a grade in which only one position is allocated</proviso>.</content> </section> <num class="centered" value="II">TITLE II—</num><heading class="centered">ECONOMY PROVISIONS</heading> <sidenote>Economy provisions.</sidenote> <section class="firstIndent1 fontsize10"> <num value="21"><inline class="smallCaps">Sec.</inline> 21. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Title II of the Act entitled “<shortTitle role="act">An Act to maintain the <sidenote>Ante, p. 12.</sidenote>credit of the United States Government</shortTitle>”, approved March 20, 1933, is amended as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Section 2 is amended by inserting after “<quotedText>1934</quotedText>” the following: <sidenote>Determination of salaries, part of fiscal year 1934 and all of 1935.Pay readjustments.</sidenote>“<quotedText>and the fiscal year ending June 30, 1935</quotedText>”; and</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 3 (b) is amended by striking out “<quotedText>15 per centum</quotedText>” and inserting in lieu thereof the following: “<quotedText>10 per centum during the portion of the fiscal year 1934 beginning February 1, 1934, and ending June 30, 1934, and shall not exceed 5 per centum during the fiscal year ending June 30, 1935</quotedText>.”</content></paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Section 105 (relating to the salaries of the Vice President, <sidenote>Vice President, Speaker, Senators, Representatives, etc.Salary provisions.Vol. 47, p. 401.Ante, p. 13.</sidenote>Speaker of the House, Senators, Representatives, Delegates, Resident Commissioners, and persons on the rolls of the Senate or House of Representatives) of the Legislative Appropriation Act, fiscal year 1933 (except subsections (a) and (e) thereof), as continued and amended by section 4 of title II of such Act of March 20, 1933, is hereby continued in full force and effect for the fiscal year ending June 30, 1935, and for the purpose of continuing such section, in the application of such section with respect to the fiscal year ending June 30, 1935, the figures “ 1933 ” shall be read as “ 1935 except that in the application of such section with respect to the fiscal year ending June 30, 1935, subsection (a) is amended by striking out “<quotedText>15 per centum</quotedText>” wherever it appears and inserting in lieu thereof “<quotedText>the percentage of reduction applicable to officers and employees of the Federal Government generally</quotedText>.” In the application of such section with respect to the portion of the fiscal year 1934 beginning February 1, 1934, and ending June 30, 1934, the percentage of reduction shall be the percentage applicable to officers and employees of the Federal Government generally.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Section 107 (except paragraph (5) of subsection (a) thereof <sidenote>Special salary reductions.Vol. 47, p. 402.Ante, pp. 13, 307.Insular possessions, employees.Retired judges.Civilian disability compensation.Certain private pensions.Pensions for service prior to 1898.Continuance during fiscal year 1935.</sidenote>and subsection (b) thereof) of part II of the Legislative Appropriation Act, fiscal year 1933 (relating to certain special salary reductions); section 12 (relating to compensation reductions of officers and employees of insular possessions), section 13 (relating to the retired pay of certain judges), section 14 (relating to reduction in compensation benefits to certain civilian employees), and section 15 (relating to reductions in certain private pensions) of the Independent Offices Appropriation Act, 1934; and section 18 (relating to pensions for military service prior to the Spanish-American War) of title I of such Act of March 20, 1933, are hereby continued in full force and effect for the fiscal year ending June 30, 1935, and for the purpose of continuing such sections with respect to the fiscal year ending June 30, 1935, the figures “ 1933 ” (except in such sections 13, 14, and 15) shall be read as “ 1935 ” and the figures “ 1934 ” shall be read as “ 1935 ”; except that in the application of <page identifier="/us/stat/48/522">522</page>such sections 12, 13, and 18 with respect to the fiscal year ending for <sidenote>Percentage reduction for 1935.</sidenote>June 30, 1935, the percentage of reduction shall be the percentage applicable to officers and employees of the Federal Government <sidenote>For portion of 1934.</sidenote>generally. In the application of such sections 12, 13, and 18 with respect to the portion of the fiscal year 1934 beginning February 1, 1934, and ending June 30, 1934, the percentage of reduction shall be the percentage applicable to officers and employees of the Federal Government generally.</content> </subsection><sidenote>Deficiencies may be incurred to meet differences in payments.Vol. 34, p. 49, waived.</sidenote> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Notwithstanding the provisions of the antideficiency Acts, deficiencies in their respective appropriations made during the second session of the Seventy-third Congress and available for obligation during the fiscal year ending June 30, 1935, may be incurred during such fiscal year by any executive department or independent establishment and the municipal government of the District of Columbia, upon written order of the President specifying the amount of the deficiency which may be incurred, and by the legislative branch of the Government and the agencies customarily considered a part of such branch; but such deficiencies may be incurred only to the extent necessary to enable the payment to officers and employees of such activities of sums for which the available appropriation is inadequate by reason of a diminution in the <sidenote>Ante, p. 13.</sidenote>percentage of reduction of compensation in pursuance of action of the President under the provisions of section 3 of title II of such Act of March 20, 1933, as continued for the fiscal year 1935.</content> </subsection> <sidenote>Appropriation of necessary funds.</sidenote> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>There is hereby appropriated so much as may be necessary for the payment of sums due, and payable out of the Treasury of the United States, by reason of the diminution under this title in the percentage of reduction of compensation, and other amendments to existing laws made hereby; and limitations on amounts for personal services are hereby respectively increased in proportion to the increase in appropriations for personal services made in this <sidenote>Salaries, etc., government of the District of of Columbia.</sidenote>subsection. In the case of officers and employees of the municipal government of the District of Columbia, such sums shall be paid out of the revenues of the District of Columbia and the Treasury of the United States in the manner prescribed by the District of Columbia Appropriation Acts for the respective fiscal years.</content> </subsection> </section> <sidenote>Weekly compensation of mechanics, etc., to be reestablished.</sidenote> <section class="firstIndent1 fontsize10"> <num value="23"><inline class="smallCaps">Sec.</inline> 23. </num> <content>The weekly compensation, minus any general percentage reduction which may be prescribed by Act of Congress, for the several trades and occupations, which is set by wage boards or other wage-fixing authorities, shall be reestablished and maintained at rates not lower than necessary to restore the, full weekly earnings of such employees in accordance with the full-time weekly earnings <sidenote>Proviso.Hours of employment.</sidenote>under the respective wage schedules in effect on June 1, 1932: <proviso>Provided, That the regular hours of labor shall not be more than forty per week; and all overtime shall be compensated for at the rate of not less than time and one half</proviso>.</content> </section> <sidenote>Ante, p. 16.</sidenote> <section class="firstIndent1 fontsize10"> <num value="24"><inline class="smallCaps">Sec.</inline> 24. </num> <content>Title, II of the Act entitled “<shortTitle role="act">An Act to maintain the <sidenote>Automatic promotions suspended.</sidenote>credit of the United States Government</shortTitle>”, approved March 20, 1933, is amended by inserting at the end thereof the following: <sidenote>Certain related sections of Legislative Act of 1933 continued.Vol. 47, p. 403.</sidenote> <quotedContent><section class="firstIndent1 fontsize10"> <num value="10"><inline class="smallCaps">“ Sec.</inline> 10. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The following sections, as amended, of Part II of the Legislative Appropriation Act, fiscal year 1933, are hereby continued in full force and effect during the fiscal year ending June 30, 1935: Sections 201 (suspending automatic increases in compensation), 203 (prohibiting filling of vacancies), 206 (except subsection (a) thereof) (reducing travel allowances), 214 (authorizing temporary assignments in the Postal Service), 315 (restricting transfer of noncivilian personnel), 317 (authorizing transfers of appropriations), and 323 (reducing jurors’ and witnesses’ fees).</content> </subsection> <page identifier="/us/stat/48/523">523</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>The following sections of the Treasury-Post Office Appropriation <sidenote>Administrative promotions.Provision in Treasury-Post Office Act of 1934 continued in force.Vol. 47, p. 1515.Proviso.Charges not so considered.</sidenote>Act, fiscal year 1934, are hereby continued in full force and effect during the fiscal year ending June 30, 1935: Sections 7 (prohibiting administrative promotions): <proviso>Provided, That adjustments of charges for quarters, subsistence or laundry, or other similar charges, shall not be interpreted as constituting administrative promotions, and 18 (suspending reenlistment allowances)</proviso>.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>Section 9 (a) of the Independent Offices Appropriation Act, <sidenote>Rotative furlough provisions continued.Ante, p. 306.</sidenote>1934 (relating to rotative furlough), is hereby continued in full force and effect during the fiscal year ending June 30, 1935.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>For the purpose of continuing the sections enumerated in Filling vacancies during 1935 prohibited. subsections (a), (b), and (c) of this section, in the application of such sections with respect to the fiscal year ending June 30, 1935: The figures ‘1933’ shall be read as ‘1935’; the figures ‘1934’ as ‘ 1935 ’ (except in the case of the second proviso of such section 317) ; in the case of the first proviso of such section 317, the figures ‘ 1935 ’ shall be read as ‘ 1937 the figures ‘ 1934 ’ shall be read as ‘ 1936 ’, and the figures ‘ 1933 ’ shall be read as ‘ 1935 and in the case of section 203, the figures ‘ 1932 ’ shall be read as ‘ 1934 ’.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">“(e) </num> <chapeau>In the application of the sections enumerated in subsections (a), (b), and (c) of this section with respect to the fiscal year ending June 30, 1935 (but not with respect to the fiscal year ending June 30, 1934), the following amendments shall apply:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Section 201 (suspending automatic increases in compensation) Suspension of automatic increases in compensation. of Part II of the Legislative Appropriation Act, fiscal year 1933, is amended by inserting at the end thereof the following: ‘This section shall not apply during the fiscal year ending June 30, <sidenote>Not applicable during 1935; except longevity increases.Vol. 42, p. 625.</sidenote>1935, except to the extent that it suspends the longevity increases provided for in the tenth paragraph of section 1 of the Pay Adjustment Act of 1922. This amendment shall not authorize the payment <sidenote>No back pay.</sidenote>of back compensation.’</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Section 7 (prohibiting administrative promotions) of the <sidenote>Administrative promotions.Vol. 47, p. 1515.</sidenote>Treasury-Post Office Appropriation Act, fiscal year 1934, is amended by adding after the first proviso thereof a colon and the following: <proviso>‘ Provided further, That administrative promotions may be made <sidenote>Provisions for, during fiscal year 1935.</sidenote>during the fiscal year 1935 to the extent that funds are available therefor, on an annual basis, from savings made in the amounts apportioned for personal services from the applicable appropriations for the fiscal year 1935 ’</proviso>.</content></paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">“(f) </num> <content>No part of the appropriations made during the second session <sidenote>Restriction on use of appropriations.</sidenote>of the Seventy-third Congress shall be used to pay any increase in the salary of any officer or employee of the United States Government or the municipal government of the District of Columbia by reason of the reallocation of the position of such officer or employee to a <sidenote>Reallocation of position after June 30, 1932.</sidenote>higher grade after June 30, 1932, by the Personnel Classification Board or the Civil Service Commission, and salaries paid accordingly shall be payment in full.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">“(g) </num> <content>Each permanent specific annual appropriation available during <sidenote>Proportionate reduction in permanent appropriations.</sidenote>the fiscal year ending June 30, 1935, is hereby reduced for that fiscal year by such estimated amount as the Director of the Bureau of the Budget may determine will be equivalent to the savings that will be effected in such appropriation by reason of the application of this title.”</content> </subsection> </section></quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="25"><inline class="smallCaps">Sec.</inline> 25. </num> <content>Section 8 of title II of such Act of March 20, 1933, is <sidenote>Impounding unexpended sums.Ante, p. 15.</sidenote>hereby amended by inserting after the word “<quotedText>Act</quotedText>” the following: “<quotedText>during the fiscal year ending June 30, 1934,</quotedText>”.</content> </section> 524 <num class="centered" value="III">TITLE III—</num><heading class="centered">VETERANS PROVISIONS</heading><sidenote>Veterans’ provisions.Loss of use of both eyes.Restoration of compensation.Vol. 43, p. 618.Ante, p. 8.</sidenote> <section class="firstIndent1 fontsize10"> <num value="26"><inline class="smallCaps">Sec.</inline> 26. </num> <content>Notwithstanding any provision of law to the contrary, in no event shall the compensation being paid on March 19, 1933, under subsections (3) and (5) of section 202 of the World War Veterans’ Act, 1924, as amended, to veterans for the loss of the use of both eyes, where such veterans were, except by fraud, mistake, or misrepresentation, in receipt of compensation on March 19, 1933, be reduced or discontinued, except in accordance with the regulations issued under the Act entitled “<shortTitle role="act">An Act to maintain the credit of the United States Government</shortTitle>”, approved March 20, 1933, pertaining to hospitalized cases.</content> </section> <sidenote>Service connected disability, etc.</sidenote> <section class="firstIndent1 fontsize10"> <num value="27"><inline class="smallCaps">Sec.</inline> 27. </num> <content>Where service connection for a disease, injury, or disability not caused by his own willful misconduct was on March 19, <sidenote>Vol. 43, p. 615.</sidenote>1933, established in accordance with section 200 of the World War Veterans’ Act, 1924, as amended, and such connection has been <sidenote>Ante, p. 8.</sidenote>severed through the application of, or regulations or instructions promulgated under Public Law Numbered 2, Seventy-third Congress, or Public Law Numbered 78, Seventy-third Congress, service connection is hereby reestablished and as to such cases the provisions of the first paragraph of section 200 of the World War Veterans’ Act, <sidenote>Proviso.Service requirement.</sidenote>1924, as amended, are hereby reenacted: <proviso>Provided, That the provisions of this section shall not apply (1) to persons entering the active military or naval service subsequent to the date of November <sidenote>Not contracted in service.</sidenote>11, 1918, (2) to persons as to whom clear and unmistakable evidence discloses that the disease, injury, or disability had inception before or after the period of active military or naval service, unless such disease, injury, or disability is shown to have been aggravated <sidenote>Service connection, established by fraud.</sidenote>during service, (3) to persons as to whose cases service connection was established by fraud, clear or unmistakable error as to conclusions of fact or law, or misrepresentation of material facts; and as to all such cases enumerated in this proviso, all reasonable doubts shall be resolved in favor of the veteran, the burden of proof being on the Government</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="28"><inline class="smallCaps">Sec.</inline> 28. </num> <content>The fourth paragraph of section 20, Public Law Numbered 78, Seventy-third Congress, is hereby amended to read as follows : <sidenote>No reduction of payments for service-connected disabilities.Ante, pp. 8, 310.</sidenote> <quotedContent>“ Notwithstanding any of the provisions of Public Law Numbered 2, Seventy-third Congress, in no event shall the compensation being paid on March 19, 1933, for service-connected disabilities to those veterans who entered the active military or naval service on or before November 11, 1918, and whose disabilities are not the result of their own misconduct, where they were, except by fraud, misrepresentation of a material fact, or unmistakable error as to conclusions of fact or law, in receipt of compensation on March 19, 1933, be reduced or discontinued, except in accordance with the regulations issued under Public Law Numbered 2, Seventy-third Congress, pertaining <sidenote>Provisos.When benefits not applicable.</sidenote>to hospitalized cases: <proviso>Provided, That the provisions of this section shall not apply to persons as to whom clear and unmistakable evidence discloses that the disease, injury, or disability had inception before or after the period of active military or naval service, <sidenote>Exception.Review of case.</sidenote>unless such disease, injury, or disability is shown to have been aggravated during service; and in any review of the case of any veteran to whom compensation was being paid on March 19, 1933, <sidenote>Burden of proof.</sidenote>for service-connected disability, reasonable doubts shall be resolved in favor of the veteran, the burden of proof being on the Government</proviso> : <sidenote>Restoration of rate to veteran whose service-connected disability is established.</sidenote><proviso>Provided further, That, subject to the limitations above prescribed, except as to receipt of compensation on March 19, 1933, and notwithstanding the provisions of Public Law Numbered 2, <page identifier="/us/stat/48/525">525</page>Seventy-third Congress, or any other law, veterans whose disease, injury, or disability is established on or after this paragraph as amended takes effect as service-connected in accordance with the provisions of section 200 of the World War Veterans’ Act, 1924, as amended, shall be entitled to receive compensation in accordance with the provisions of such Act, as amended, and the rating schedule in effect on March 19, 1933; but veterans whose disease, injury, or compensation where disability is reestablished as service-connected under such section <sidenote>Compensation where disability, etc., reestablished as service-connected.Ante, p. 524.</sidenote>200 by section 27 of Title III of the Independent Offices Appropriation Act, 1935, shall be paid 75 per centum of the compensation under the provisions of the World War Veterans’ Act, 1924, as amended, and such rating schedule</proviso>: <proviso>Provided further, That whenever <sidenote>Change in degree of disability.</sidenote>there is a change in the degree of disability of any such veteran the amount of compensation to be paid shall be determined pursuant <sidenote>Determination of compensation.</sidenote>to the provisions of the World War Veterans’ Act, 1924, as amended, and the rating schedule in effect on March 19, 1933, and such amount shall not be reduced or discontinued. In no event shall <sidenote>Death compensation.</sidenote>death compensation being paid, except by fraud, misrepresentation of a material fact, or unmistakable error as to conclusions of fact or law, to widows, children, and dependent parents of deceased World War veterans under the World War Veterans’ Act, 1924, as amended, on March 19, 1933, be reduced or discontinued, whether the death of the veteran on whose account compensation is being paid was directly or presumptively connected with service. In any case where a World War veteran dies or has died from disease or injury, and service connection for such disease or injury has been reestablished on or after the date this paragraph as amended takes effect as service-connected under section 200 of the World War Veterans’ Act, 1924, as amended, or which would have been established under such section 200 had the veteran been living on March 19, 1933, and reestablished on or after the date this paragraph as amended takes effect, the surviving widow, child, or children and/or dependent parents shall be entitled to receive compensation at the rates prescribed in Veterans’ Regulation Numbered 1 (a), part I, paragraph IV, and amendments thereto.</proviso>”</quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="29"><inline class="smallCaps">Sec.</inline> 29. </num> <content>Section 6 of Public Law Numbered 2, Seventy-third Congress, <sidenote>Domiciliary care and hospitalization of needy veterans.Ante, pp. 9, 301.</sidenote>as amended by Public Law Numbered 78, Seventy-third Congress, is hereby amended by adding thereto the following proviso: <proviso>“ Provided, That any veteran of any war who was not dishonorably discharged, suffering from disability, disease, or defect, who is in need of hospitalization or domiciliary care, and is unable to defray the necessary expenses therefor (including transportation to and <sidenote>Transportation.</sidenote>from the Veterans’ Administration facility), shall be furnished necessary hospitalization or domiciliary care (including transportation) in any Veterans’ Administration facility, within the limitations existing in such facilities, irrespective of whether the disability, disease, or defect was due to service. The statement under <sidenote>Prescribed oath to be accepted as sufficient.</sidenote>oath of the applicant on such form as may be prescribed by the Administrator of Veterans’ Affairs shall be accepted as sufficient evidence of inability to defray necessary expenses.”</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="30"><inline class="smallCaps">Sec.</inline> 30. </num> <content>Notwithstanding any of the provisions of Public Law <sidenote>Spanish War., etc., veterans, their widows and dependents.Restriction on reducing pension.</sidenote>Numbered 2, Seventy-third Congress, no pension being paid on March 19, 1933, to any veteran of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, or to the widow as long as she remains unmarried and/or dependents of any such veteran, shall be reduced by more than 25 per centum, except in accordance with the regulations issued pursuant to Public Law Numbered 2, Seventy-third Congress, pertaining to hospitalized <page identifier="/us/stat/48/526">526</page>cases and except where his disability is the result of his own willful <sidenote>Provisos.Excepted cases.</sidenote>misconduct: <proviso>Provided, That the provisions of this section shall not apply (1) to persons to whom payments were being made on March 19, 1933, through fraud, clear or unmistakable error as to conclusions of fact or law, or misrepresentation of a material fact, except that decisions as to degree of disability rendered prior to March 20, 1933, shall be conclusive, or (2) to any person during any year following a year for which such person was not entitled <sidenote>Federal employees.</sidenote>to exemption from the payment of a Federal income tax</proviso>: <proviso>Provided, however, That a veteran in Federal employ shall not receive more than $6 per month if his salary if single exceeds $1,000 and if married <sidenote>Enlistment after August 12, 1898.</sidenote>$2,500</proviso>: <proviso>Provided further, That this section shall not apply to any person who enlisted after August 12, 1898, and who did not serve in either the Boxer Rebellion or the Philippine Insurrection</proviso>. <sidenote>Reenactment of laws granting monetary benefits.</sidenote> All laws in effect on March 19, 1933, granting monetary benefits to veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, are hereby reenacted in their entirety, and such laws shall be effective from and after the effective date of this Act, subject to the limitations of this section and to such reduction in pensions as may be made hereunder.</content> </section> <sidenote>Veteran suffering injury, etc., during training, hospitalization, etc.</sidenote> <section class="firstIndent1 fontsize10"> <num value="31"><inline class="smallCaps">Sec.</inline> 31. </num> <content>Where any veteran suffers or has suffered an injury, or an aggravation of any existing injury, as the result of training, hospitalization, or medical or surgical treatment, awarded him under any of the laws granting monetary or other benefits to World War veterans, or as the result of having submitted to examination under authority of the War Risk Insurance Act or the World War Veterans’ Act, 1924, as amended, and not the result of his misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, the benefits of Public Law Numbered <sidenote>Award.</sidenote>2, of Public Law Numbered 78, and of this title shall be awarded in the same manner as if such disability, aggravation, or death were <sidenote>Application for benefits.</sidenote>service connected within the meaning of such laws; except that no benefits under this section shall be awarded unless application be made therefor within two years after such injury or aggravation was suffered, or such death occurred, or after the passage of this <sidenote>Benefits to be in lieu of those of Workmen’s Compensation Act.Vol. 39, p. 7421, U.S.C., p. 77.</sidenote>Act, whichever is the later date. The benefits of this section shall be in lieu of the benefits under the Act entitled “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes ”, approved September 7, 1916, as amended.</content> </section><sidenote>Ante, p. 10.Participation by beneficiary in decision.Service connected benefits termed “compensation.”</sidenote> <section class="firstIndent1 fontsize10"> <num value="32"><inline class="smallCaps">Sec.</inline> 32. </num> <content>The last sentence of section 9 of Public Law Numbered 2, Seventy-third Congress, is hereby repealed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="33"><inline class="smallCaps">Sec.</inline> 33. </num> <content>Service-connected money benefits payable to World War veterans under this title and Public Law Numbered 2, Seventy-third Congress, shall be entitled “ compensation ” and not “ pension ”.</content> </section> <sidenote>Effective date.</sidenote> <section class="firstIndent1 fontsize10"> <num value="34"><inline class="smallCaps">Sec.</inline> 34. </num> <content>This title shall take effect on the date of enactment of this Act, and no payments of any benefits conferred under the provisions of this title shall be made for any period prior to such date.</content> </section> <sidenote>Yearly renewable term insurance.Existing provisions modified.Ante, pp. 11, 309.</sidenote> <section class="firstIndent1 fontsize10"> <num value="35"><inline class="smallCaps">Sec.</inline> 35. </num> <content>That notwithstanding the provisions of section 17 of title I of an Act entitled “<shortTitle role="act">An Act to maintain the credit of the United States Government</shortTitle>”, approved March 20, 1933, and section 20 of an Act entitled “<shortTitle role="act">An Act making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes</shortTitle>”, approved June 16, 1933, any claim for yearly renewable term insurance under the provisions of laws repealed by said section 17, wherein claim was duly filed prior to March 20, 1933, and on which maturity of the insurance contract <page identifier="/us/stat/48/527">527</page>had been determined by the Veterans’ Administration prior to March 20, 1933, and where payments could not be made because of the provisions of the Act of March 20, 1933, or under the provisions of the Act of June 16, 1933, may be adjudicated by the Veterans’ Administration, and any person found entitled to yearly renewable term insurance benefits claimed shall be paid such benefits in accordance with and in the amounts provided by such prior laws.</content> </section> <section class="firstIndent1 fontsize10"> <num value="40"><inline class="smallCaps">Sec.</inline> 40. </num> <content>This Act may be cited as the “ Independent Offices <sidenote>Title of Act.</sidenote>Appropriation Act, 1935.”</content> </section> Henry T. Rainey Speaker of the House of Representatives. Jno. N. Garner Vice President of the United States and President of the Senate.

In the House of Representatives of the United States,

March 27, 1934.

Certificate of House of Representatives.

The House of Representatives having proceeded to reconsider the bill (H.R. 6663) entitled “An Act making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935. and for other purposes,” returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was—

Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same.

Attest:

South Trimble, Clerk.

In the Senate of the United States,

Certificate of senate.

March 28, 1934.

The Senate having proceeded to reconsider the bill (H.R. 6663) entitled “An Act making appropriations for the Executive Offices and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935, and for other purposes.” returned by the President of the United States to the House of Representatives, in which it originated, with his objections, and passed by the House on a reconsideration of the same, it was

RESOLVED, That the said bill pass, two-thirds of the Senators present having voted in the affirmative.

Attest:

Edwin A. Halsey. Secretary

I certify that this Act originated in the House of Representatives.

South Trimble, Clerk.

To amend the Agricultural Adjustment Act so as to include cattle and other products as basic agricultural commodities, and for other purposes. 1934-04-07 103 Chapter 48 Stat. 528 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 528 [CHAPTER 103.]

AN ACT To amend the Agricultural Adjustment Act so as to include cattle and other products as basic agricultural commodities, and for other purposes.

April 7, 1934.

[H. R. 7478.]

[Public, No. 142.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 11

Agricultural Adjustment Act, amendments.

Ante, p. 38; Post, p. 670.

Cattle as basic agricultural commodity.

of the Agricultural Adjustment Act, as amended, is amended by adding after the word “hogs” a comma and the. word “cattle”.

Sec. 2. Subsection (a) of section 12 of the Agricultural Adjustment Act, as amended, is amended by adding at the end thereof a new paragraph as follows:

Appropriation authorized.

Financing surplus reductions of dairy and beef-cattle industries.

Post, p. 805.

“To enable the Secretary of Agriculture to finance, under such terms and conditions as he may prescribe, surplus reductions and production adjustments with respect to the dairy- and beef -cattle industries, and to carry out any of the purposes described in subsections (a) and (b) of this section (12) and to support and balance the markets for the dairy and beef cattle industries, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000,000: Provided, That not more

Proviso.

Restriction on expenditure.

than 60 per centum of such amount shall be used for either of such industries.”

Ante, p. 36.

Processing tax.

Post, pp. 675, 1242.

Sec. 3. (a) Subsection (d) of section 9 of the Agricultural Adjustment Act, as amended, is amended by renumbering paragraph (5) as paragraph (6) and by adding after paragraph (4) a new paragraph as follows:

Peanuts; processing of.

“(5) In case of peanuts, the term ‘ processing' means the cleaning, polishing, grading, shelling, crushing, or other processing thereof.

As basic agricultural commodity.

(b) Section 11 of such Act, as amended, is amended by adding after the word “tobacco” a comma and the word “peanuts”.

Rye, flax, and barley, added.

Sec. 4. Section 11 of the Agricultural Adjustment Act, as amended, is amended by adding after the word “wheat” a comma and the words “rye, flax, barley”.

Grain sorghums.

Sec. 5. Section 11 of the Agricultural Adjustment Act, as amended, is amended by adding after the words “field corn” a comma and the words “grain sorghums”.

Appropriation authorized.

Advances to Federal Surplus Relief Corporation.

Post, p. 805.

Sec. 6. There is authorized to be appropriated the sum of Advances to Federal $50,000,000 to enable the Secretary of Agriculture to make advances to the Federal Surplus Relief Corporation for the purchase of dairy and beef products for distribution for relief purposes, and to enable the Secretary of Agriculture, under rules and regulations to be promulgated by him and upon such terms as he may prescribe, to eliminate diseased dairy and beef cattle, including cattle suffering from tuberculosis or Bangs’ disease, and to make payments to owners with respect thereto.

Ante, p. 34.

Powers of Secretary of Agriculture.

Marketing agreements.

Sec. 7. The first sentence of subsection (2) of section 8 of the of Agricultural Adjustment Act, as amended, is amended to read as follows: “After due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof, in the current of or in competition with, or so as to burden, obstruct, or in any way affect, interstate or foreign commerce.”

Approved, April 7, 1934.

Making appropriations for the Departments of State and Justice and for judiciary, and for the Departments of Commerce and Labor, for the fiscal year ending June 30, 1935, and for other purposes. 1934-04-07 104 Chapter 48 Stat. 529 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 529 [CHAPTER 104.]

AN ACT Making appropriations for the Departments of State and Justice and for judiciary, and for the Departments of Commerce and Labor, for the fiscal year ending June 30, 1935, and for other purposes.

April 7, 1934.

[H. R. 7513.]

[Public, No. 143.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the following

Appropriations for Departments of State and Justice, the Judiciary, and Departments of Commerce and Labor, fiscal year 1935.

sums are appropriated, out or any money m the Treasury not otherwise appropriated, for the Departments of State and Justice and for the judiciary, and for the Departments of Commerce and Labor, for the fiscal year ending June 30, 1935, namely:

<num class="centered" value="I">TITLE I—</num><heading class="centered">DEPARTMENT OF STATE</heading><sidenote>Department or state.</sidenote> <appropriations level="small"> <heading>office of the secretary of state</heading> <content>Salaries: For Secretary of State; Under Secretary of State, <sidenote>Secretary, Under Secretary, and office personnel.Temporary and piecework employees.</sidenote>$10,000; and other personal services in the District of Columbia, including temporary employees, and not to exceed $6,500 for employees engaged on piecework at rates to be fixed by the Secretary of State; $1,528,200: <proviso>Provided, That in expending appropriations <sidenote>Provisos.Salaries limited to average rates under Classification Acts.Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.U.S.C., p. 65; Supp. VII, p. 34.</sidenote>or portions of appropriations, contained in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the four Assistant Secretaries of State and the legal adviser of the Department of State, the Assistant to the Attorney General, the Assistant Solicitor General, and six Assistant Attorneys General, the Assistant Secretaries of Commerce, the Assistant Secretary and the Second Assistant Secretary of Labor, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended</proviso>: <proviso>Provided, That this restriction shall not apply(1) to <sidenote>Restriction not applicable to clerical-mechanical service.No reduction in fixed compensation.Vol. 42, p. 1490.U.S.C., p. 60.Transfer to another position without reduction.</sidenote>grades 1, 2, 3, and 4 of the clerical-mechanical service, or (2) to require the reduction in salary of any person whose compensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, or (4) to prevent the payment of a salary <sidenote>Higher salary rates permitted.</sidenote>under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or (5) to reduce the compensation of any person in a grade in which <sidenote>If only one position in grade.</sidenote>only one position is allocated</proviso>.</content> </appropriations> <appropriations level="small"> <heading>contingent expenses, department of state</heading> <content>For contingent and miscellaneous expenses, including stationery, <sidenote>Contingent expenses of Department.</sidenote>furniture, fixtures; typewriters, adding machines, and other labor-saving devices, including their exchange, not exceeding $10,000; repairs and materials for repairs; purchase and exchange of books, maps, and periodicals, domestic and foreign, and when authorized by the Secretary of State for dues for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members, not exceeding $15,880; newspapers not exceeding $1,500; maintenance, <sidenote>Vehicles.</sidenote>repair, and storage of motor-propelled vehicles, to be used only for official purposes (one for the Secretary of State and two <page identifier="/us/stat/48/530">530</page>for dispatching mail, and one motorcycle for the general use of the department) ; automobile mail wagons, including storage, repair, and exchange of same; street-car fare not exceeding $150; traveling <sidenote>Refund of passport fees erroneously charged.</sidenote>expenses; refund of fees erroneously charged and paid for the issue of passports to persons who are exempted from the payment of such <sidenote>Vol. 41, p. 750; Vol. 44, p. 887.U.S.C., Supp. VII, p. 477.</sidenote>fee by section 1 of the Act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June 30, 1921, approved June 4, 1920 (U.S.C., Supp. VI, title 22, sec. 214a) ; the examination of estimates of appropriations in the field; and other miscellaneous items not included in the foregoing; $60,000.</content> </appropriations> <appropriations level="small"> <heading>printing and binding</heading><sidenote>Printing and binding.</sidenote> <content>For all printing and binding in the Department of State, including all of its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, $107,180.</content> </appropriations> <appropriations level="small"> <heading>passport agencies</heading><sidenote>Passport agencies.</sidenote> <content>For salaries and expenses of maintenance, and traveling expenses not to exceed $500, for not to exceed five passport agencies, $46,665.</content> </appropriations> <appropriations level="small"> <heading>collecting and editing official papers of territories of the united states</heading><sidenote>Official papers of Territories.Collecting, etc., for publication.</sidenote> <content>For the expenses of collecting, editing, copying, and arranging for publication the official papers of the Territories of the United <sidenote>Printing and binding.</sidenote>States, including personal services in the District of Columbia and elsewhere, printing and binding, and contingent and traveling expenses, as provided by the Act approved February 28, 1929 (45 <sidenote>Proviso.Limit on total number of copies, etc.</sidenote>Stat. 1412), $12,000: <proviso>Provided, That the total number of copies of any volume to be printed and bound under this or any existing appropriation for printing and binding of these papers shall not <sidenote>Distribution.Vol. 45, p. 1412.Copies to Senators and Representatives.</sidenote>exceed one thousand two hundred and twenty-seven, which shall be distributed as provided in section 3 of such Act, except that each Senator shall receive not to exceed three copies and each Representative not to exceed one</proviso>.</content> </appropriations> <appropriations level="small"> <heading>foreign intercourse</heading><sidenote>Foreign intercourse.</sidenote> <appropriations level="small"> <heading>ambassadors and ministers</heading><sidenote>Salaries.Ambassadors.</sidenote> <content>Ambassadors extraordinary and plenipotentiary to Argentina, Brazil, Chile, Cuba, France, Germany, Great Britain, Italy, Japan, Mexico, Peru, Poland, Russia, Spain, and Turkey, at $17,500 each;Ambassador extraordinary and plenipotentiary to Belgium and envoy extraordinary and minister plenipotentiary to Luxemburg, $17,500;<sidenote>Ministers.China and Netherlands.Other countries.</sidenote> Envoys extraordinary and ministers plenipotentiary to China and the Netherlands, at $12,000 each; Envoys extraordinary and ministers plenipotentiary to Albania, Austria, Bolivia, Bulgaria, Czechoslovakia, Colombia, Costa Rica, Denmark, Dominican Republic, Dominion of Canada, Ecuador, Egypt, Finland, Greece, Guatemala, Haiti, Honduras, Hungary, Irish Free State, Liberia, Nicaragua, Norway, Panama, Paraguay, Persia, Portugal, Rumania, Salvador, Siam, Union of South Africa, Sweden, Switzerland, Uruguay, Venezuela , and Yugoslavia, at $10,000 each; and to Estonia, Latvia, and Lithuania, $10,000; In all, not to exceed $578,250;<sidenote>Proviso.Salary restriction.</sidenote> <proviso>Provided, That no salary herein appropriated shall be paid to any official receiving any other salary from the United States Government</proviso>. </content> </appropriations> </appropriations> <page identifier="/us/stat/48/531">531</page> <appropriations level="small"> <heading>salaries of foreign service officers</heading> <content>For salaries of Foreign Service officers as provided in the Act <sidenote>Foreign Service officers.Salaries.Vol. 46, p. 1207. U.S.C., Supp. VII, p. 471.Ante, p. 466; Post, pp. 834, 1060.</sidenote>approved February 23, 1931 (U.S.C., Supp. VI, title 22, secs. 3, 3a), $2,781,000.</content> </appropriations> <appropriations level="small"> <heading>salaries, foreign service officers while receiving instructions and in transit</heading> <content>To pay the salaries of ambassadors, ministers, consuls, vice consuls, <sidenote>Instruction and transit pay.R.S., sec. 1740, p. 309.U.S.C., p. 650.</sidenote>and other officers of the United States for the period actually and necessarily occupied in receiving instructions and in making transits to and from their posts, and while awaiting recognition and authority to act in pursuance with the provisions of section 1740 of the Revised Statutes, $13,500.</content> </appropriations> <appropriations level="small"> <heading>salaries, foreign service officers while acting as chargés d’affaires</heading> <content>For salaries of Foreign Service officers or vice consuls while acting <sidenote>Chargés d’affaires, etc.</sidenote>as chargé d’affaires ad interim or while in charge of a consulate general or consulate during the absence of the principal officer. $18,000.</content> </appropriations> <appropriations level="small"> <heading>transportation of foreign service officers</heading><sidenote>Transportation, Foreign Service officers.</sidenote> <content>To pay the traveling expenses of Diplomatic, Consular, and Foreign <sidenote>Payment of expenses.</sidenote>Service officers, and other employees of the Foreign Service, including Foreign Service inspectors and under such regulations as the Secretary of State may prescribe, of their families and expenses of transportation of effects, in going to and returning from their posts, including not to exceed $25,000 incurred in connection with <sidenote>Leaves of absence.Bringing home remains of officers, etc., dying abroad.</sidenote>leaves of absence, and of the preparation and transportation of the remains of those officers and said employees of the Foreign Service, who have died or may die abroad or in transit while in the discharge of their official duties, to their former homes in this country or to a place not more distant for interment and for the ordinary expenses of such interment, and also for payment under the provisions of section 1749 of the Revised Statutes (U.S.C. title 22. sec. 130) of <sidenote>Payments to widows or heirs at law.R.S., sec. 1749, p. 311.U.S.C., p. 650.</sidenote>allowances to the widows or heirs at law of Diplomatic, Consular, and Foreign Service officers of the United States dying in foreign countries in the discharge of their duties, $449,500: <proviso>Provided, That <sidenote>Proviso.Subsistence expenses of officers on temporary detail.</sidenote>this appropriation shall be available also for the authorized subsistence expenses of Consular and Foreign Service officers while on temporary detail under commission</proviso>.</content> </appropriations> <appropriations level="small"> <heading>allowances for rent, heat, fuel, and light, foreign service</heading> <sidenote>Rent, heat, fuel, and light allowances.</sidenote> <content>For rent, heat, fuel, and light for the Foreign Service for offices <sidenote>For offices and grounds.Living quarters.Vol. 46, p. 818.U.S.C., Supp. VII, p. 20.Sum immediately available.Provisos.Rent payments in advance.Leases.</sidenote>and grounds, and, as authorized by the Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a), for living quarters and not to exceed $1,454,000 for allowances for living quarters, including heat, fuel, and light $2,225,955, of which $238,000 shall be immediately available: <proviso>Provided, That payment for rent may be made in advance</proviso>: <proviso>Provided further, That the Secretary of State may enter into leases for such offices, grounds, and living quarters for periods not exceeding ten years</proviso>: <proviso>Provided further, That no part of this <sidenote>Allowance for quarters limited.</sidenote>appropriation shall be used for allowances for living quarters, including heat, fuel, and light in an amount exceeding $3,000 for an ambassador or a minister, and not exceeding $1,700 for any other <page identifier="/us/stat/48/532">532</page><sidenote>Custodial, etc., services.Restriction on expenditures for.</sidenote>Foreign Service officer</proviso>: <proviso>Provided further, That under this appropriation and the appropriation herein for “ Contingent expenses, Foreign Service ”, not more than $3,000 shall be expended for custodial service, heat, fuel, and light in any Government-owned building used for residence or residence and office purposes for an ambassador or minister, and not more than $1,700 for such purposes <sidenote>Exception.</sidenote>in the case of any other Foreign Service officer, except that at any post at which the expenditures for such purposes for the fiscal year 1933 were in excess of the limitation of $3,000 in this last proviso in the case of an ambassador or minister there may be expended during the fiscal year 1935 an amount equal to the sum so authorized to be expended during the fiscal year 1933, but in no event to exceed $5,000; and during the incumbency of a charge d’affaires the limitation on such expenditures shall be the same as for the occupancy of the principal officer</proviso>.</content> </appropriations> <appropriations level="small"> <heading>cost of living allowance, foreign service officers</heading> <sidenote>Cost of living allowance.Vol. 46, p. 1209.U.S.C., Supp. VII, p. 472.Sum available.</sidenote> <content>To carry out the provisions of the Act approved February 23, 1931 (U.S.C., Supp. VI, title 22, secs. 12, 23c) relating to allowances and/or additional compensation to diplomatic, consular, and Foreign Service officers and/or clerks when such allowances and/or additional compensation are necessary to enable such officers and/or <sidenote>Proviso.Expenditure.</sidenote>clerks to carry on their work efficiently: <proviso>Provided, That such allowances and/or additional compensation shall be granted only in the <sidenote>Sum immediately available.</sidenote>discretion of the President, and under such regulations as he may prescribe, $300,000, of which amount not to exceed $100,000 shall be immediately available</proviso>.</content> </appropriations> <appropriations level="small"> <heading>foreign service building fund</heading> <sidenote>Foreign Service Building Fund.Vol. 44, p. 404.U.S.C., Supp. VII, p. 480.Sum available for.</sidenote> <content>For the purpose of carrying into effect the provisions of the “ Foreign Service Buildings Act, 1926 ”, as amended (U.S.C., Supp. VI, title 22, sec. 295), and for each and every object thereof, including the initial alterations, repair, and furnishing of buildings heretofore acquired under specific authorization of Congress for the use of the diplomatic and consular establishments in foreign countries, $1,165,000, fiscal year 1935, to remain available until <sidenote>Provisos.Limit on obligations incurred.</sidenote>expended : <proviso>Provided, That in expending appropriations for the foregoing purposes obligations shall not be incurred which will require expenditures in excess of the total of $10,000,000 now authorized Purchase of old buildings prohibited. by law</proviso>: <proviso>Provided further, That no part of the appropriation made herein shall be expended for the purchase of old buildings</proviso>.</content> </appropriations> <appropriations level="small"> <heading>foreign service retirement and disability fund</heading><sidenote>Foreign Service retirement, etc., fund.Federal contribution.Vol. 46, p. 1211.U.S.C., Supp. VII, p. 473.</sidenote> <content>For financing the liability of the United States, created by the Act approved February 23, 1931 (U.S.C., Supp. VI, title 22, sec. 21), $159,100, which amount shall be placed to the credit of the “ Foreign Service retirement and disability fund.”</content> </appropriations> <appropriations level="small"> <heading>salaries of clerks in the foreign service</heading> <sidenote>Clerks in Foreign Service.Salaries.Vol. 46, p. 1207.U.S.C., Supp. VII, p. 474.</sidenote> <content>For salaries of clerks in the Foreign Service, as provided in the Act approved February 23, 1931 (U.S.C., Supp. VI, title 22, sec. 23a), including salaries during transit to and from homes in the United States upon the beginning and after termination of service. $2,101,500.</content> </appropriations> <page identifier="/us/stat/48/533">533</page> <appropriations level="small"> <heading>contingent expenses, foreign service</heading> <sidenote>Contingent expenses, Foreign Service.</sidenote> <content>For stationery; blanks; record and other books; seals; presses; <sidenote>Government buildings abroad.Vol. 44, p. 403; Vol. 45, p. 971.U.S.C., Supp. VII, p. 479.</sidenote>flags; signs; repairs, including minor alterations; repairs, supervision, preservation, and maintenance of Government-owned diplomatic and consular properties in foreign countries, and properties acquired under the Act approved May 7, 1926, as amended (U.S.C., Supp. VI, title 22, secs. 291,296), and including also custodial service, water, materials, supplies, tools, seeds, plants, shrubs, and similar objects; newspapers (foreign and domestic); freight; postage; telegrams; advertising; ice and drinking water for office purposes; purchase (at not to exceed $750 for any one automobile), maintenance, operation and hire of motor-propelled or horse-drawn passenger-carrying vehicles, and purchase, maintenance, operation, and hire of other passenger-carrying vehicles; funds for establishment and maintenance of commissary service; uniforms; furniture, household furniture and furnishings, except as provided by the Act of May 7, 1926, as amended for Government-owned or rented buildings when in the judgment of the Secretary of State it would be in the public interest to do so, not to exceed $75,000; typewriters and exchange of same; messenger service; operation, maintenance, and rental of launch for embassy in Turkey, not exceeding $3,500; compensation of kavasses, guards, dragomans, porters, interpreters, translators, Chinese writers, and supervisors of construction and compensation of agents and employees of and rent and other expenses for dispatch agencies at London, New York, San Francisco, Seattle, and New Orleans, including <sidenote>Dispatch agencies.Salaries during transit.</sidenote>salaries during transit to and from their homes in the United States upon the beginning and after termination of service in foreign countries; traveling expenses, including attendance at trade <sidenote>Traveling expenses; attendance at trade conferences, etc.Vol. 48, p. 1209.U.S.C., Supp. VII, p. 472.</sidenote>and other conferences or congresses under orders of the Secretary of State as authorized by the Act approved February 23, 1931 (U.S.C., Supp. VI, title 22, sec. 16); loss by exchange; payment in advance of telephone and other similar services and rent of dispatch agencies, expenses of vice consulates and consular agencies for any of the foregoing objects; cost, not exceeding $350 per annum each, of the tuition of Foreign Service officers assigned for the study of the languages of Asia and eastern Europe; and such other miscellaneous expenses as the President may deem necessary, $1,314,870: <proviso>Provided,<sidenote>Proviso.No payment to aliens for clerical services.</sidenote>That no part of this appropriation shall be expended for salaries or wages of persons not American citizens performing clerical services (except, interpreters, translators, and messengers), whether officially designated as clerks or not, in any foreign mission</proviso>.</content> </appropriations> <appropriations level="small"> <heading>rescue, relief, and protection of american seamen</heading> <content>For relief, protection, and burial of American seamen in foreign <sidenote>Relief of American seamen.Ante, p. 395.</sidenote>countries, in the Panama Canal Zone, and in the Philippine Islands, and shipwrecked American seamen in the Territory of Alaska, in the Hawaiian Islands, in Puerto Rico, and in the Virgin Islands; and for expenses which may be incurred in the acknowledgment of the services of masters and crews of foreign vessels in rescuing American seamen or citizens from shipwreck or other catastrophe at sea; $6,000: <proviso>Provided, That no part of this or any other appropriation <sidenote>Proviso.Restriction on expenditure.</sidenote>shall be available for making payment to steamship owners or operators for transporting a destitute or shipwrecked seaman if the last previous service of the destitute or shipwrecked seaman was on a vessel of such steamship owner or operator and was not terminated by desertion</proviso>.</content> </appropriations> <page identifier="/us/stat/48/534">534</page> <appropriations level="small"> <heading>emergencies arising in the diplomatic and consular service</heading> <sidenote>Emergencies.</sidenote> <content>To enable the President to meet unforeseen emergencies arising in the Diplomatic and Consular Service, and to extend the commercial <sidenote>Neutrality Act, expenses.R.S., sec. 291, p. 49.U.S.C., p. 982.</sidenote>and other interests of the United States, and to meet the expenses attendant upon the execution of the Neutrality Act, to be expended pursuant to the requirement of section 291 of the Revised Statutes (U.S.C., title 31, sec. 107), $175,000.</content> </appropriations> <appropriations level="small"> <heading>contributions, quotas, and so forth</heading> <sidenote>Contributions, quotas, etc.</sidenote> <content>For payment of the annual contributions, quotas, and/or expenses, including loss by exchange, in discharge of the obligations of the United States in connection with international commissions, congresses, bureaus, and other objects, as follows: Cape Spartel and Tangier Light, Coast of Morocco, $825; International Bureau of Weights and Measures, $4,342.50; International Bureau for Publication of Customs Tariffs, $1,400; Pan American Union, quota, $168,762, printing and binding, $20,000, in all, $188,762; International Bureau of Permanent Court of Arbitration, $2,000; Bureau of Interparliamentary Union for Promotion of International Arbitration, $7,500; International Institute of Agriculture at Rome, Italy, $5,400; Pan American Sanitary Bureau, $30536.51; International Office of Public Health, $3,015.79; International Radiotelegraphic Convention, $7,527; Government of Panama, $250,000; International Hydrographic Bureau, $5,404; International Trade-Mark Registration Bureau, $14,330.20; International Bureau for Protection of Industrial Property, $1,350; Gorgas Memorial Laboratory, $50,000; American International Institute for the Protection of Childhood, $2,000; International Statistical Bureau at The Hague, $2,000; International Map of the World on the Millionth Scale, $50; International Technical Committee of Aerial Legal Experts, $250; Convention Relating to Liquor Traffic in Africa, $55; and International Prison Commission, $3,500; in all, $579,948, together with such additional sums, due to increases in rates of exchange as may be necessary to pay in foreign currencies the quotas and contributions required by the several treaties, conventions, or laws establishing the amount of the obligation for the fiscal years 1934 and 1935.</content> </appropriations> <appropriations level="small"> <heading>international boundary commission, united states and mexico</heading> <sidenote>International Boundary Commission, United States and Mexico.Vol. 24, p. 1011; Vol. 26, p. 1512; Vol. 34, p. 2953.Vol. 44, p. 1403; Vol. 46, p. 1162.Vol. 47, p. 480.</sidenote> <content>For expenses of meeting the obligations of the United States under the treaties of 1884, 1889, 1905, 1906, and 1933 between the United States and Mexico, and of compliance with public resolutions approved March 3, 1927, and February 14, 1931, and the Act making appropriations for the Department of State for the fiscal year 1933, including operation of gaging stations where necessary and their equipment; personal services and rent in the District of Columbia and elsewhere; fees for professional services at rates and in amounts to be determined by the Secretary of State; travel expenses, including transportation of effects; printing and binding; subscriptions to foreign and domestic newspapers and periodicals; purchase, exchange, maintenance, repair, and operation of motor-propelled <sidenote>R.S., sec. 3709, p. 733.U.S.C., p. 1309.</sidenote>passenger and freight carrying vehicles; drilling and testing of dam sites, by contract if deemed necessary without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5); equipment and such other miscellaneous expenses as the Secretary of State may deem proper, $109,000.</content> </appropriations> <page identifier="/us/stat/48/535">535</page> <appropriations level="small"> <heading>international boundary commission, united states and canada and alaska and canada</heading> <content>To enable the President to perforin the obligations of the United <sidenote>International Boundary Commission.Obligations under treaty between United States and Great Britain.Vol. 44, p. 2102.</sidenote>States under the treaty between the United States and Great Britain obligations under in respect of Canada, signed February 24, 1925; for salaries and expenses, including the salary of the commissioner and salaries of the necessary engineers, clerks, and other employees for duty at the seat of government and in the field; cost of office equipment and supplies; necessary traveling expenses; commutation of subsistence to employees while on field duty, not to exceed $4 per day each, but not to exceed $1.75 per day each when a member of a field party and subsisting in camp; for payment for timber necessarily cut in keeping the boundary line clear, not to exceed $500; and for all other necessary and reasonable expenses incurred by the United States in maintaining <sidenote>Maintenance of boundary line.</sidenote>an effective demarcation of the international boundary line between the United States and Canada and Alaska and Canada under the terms of the treaty aforesaid, including the completion of such remaining work as may be required under the award of the Alaskan Boundary Tribunal and existing treaties between the United States and Great Britain, to be disbursed under the direction of the Secretary of State, $38,000.</content> </appropriations> <appropriations level="small"> <heading>waterways treaty, united states and great britain : international joint commission, united states and great britain</heading><sidenote>International Joint Commission, United States and Great Britain.Salaries, expenses, etc.</sidenote> <content>For salaries and expenses, including salaries of commissioners and salaries of clerks and other employees appointed by the commissioners on the part of the United States, with the approval solely of the Secretary of State; for necessary traveling expenses, and for expenses incident to holding hearings and conferences at such places in Canada and the United States as shall be determined by the Commission or by the American commissioners to be necessary, including travel expense and compensation of necessary witnesses, making necessary transcript of testimony and proceedings; for cost of law books, books of reference and periodicals, office equipment and supplies; and for one half of all reasonable and necessary joint expenses of the International Joint Commission incurred under the terms of the treaty between the United States and Great Britain <sidenote>Vol. 36, p. 2448.</sidenote>concerning the use of boundary waters between the United States and Canada, and for other purposes, signed January 11, 1909, $28,000, to be disbursed under the direction of the Secretary of State: <proviso>Provided, <sidenote>Proviso.Travel expenses.Vol. 44, p. 688.U.S.C., Supp. VII, p. 53.</sidenote>That traveling expenses of the commissioners, secretary, and necessary employees shall be allowed in accordance with the provisions of the Subsistence Expense Act of 1926, as amended (U.S.C., title 5, ch. 16)</proviso>. For an additional amount for necessary special or technical investigations <sidenote>Special and technical investigations.Personal services.</sidenote>in connection with matters which fall within the scope of the jurisdiction of the International Joint Commission, including personal services in the District of Columbia or elsewhere, traveling expenses, procurement of technical and scientific equipment, and the purchase, exchange, hire, maintenance, repair, and operation of motor-propelled and horse-drawn passenger-carrying vehicles, $54,200, to be disbursed under the direction of the Secretary of State, who is authorized to transfer to any department or independent establishment of the Government, with the consent of the head thereof, any part of this amount for direct expenditure by such department or establishment for the purposes of this appropriation. </content> </appropriations> <page identifier="/us/stat/48/536">536</page> <appropriations level="small"> <heading>international fisheries commission</heading> <sidenote>International Fisheries Commission.Share of expenses.</sidenote> <content>For the share of the United States of the expenses of the International Fisheries Commission, under the convention between the United States and Great Britain, concluded May 9, 1930, including salaries of two members and other employees of the Commission, traveling expenses, charter of vessels, purchase of books, periodicals, furniture, and scientific instruments, contingent expenses, rent in the District of Columbia, and such other expenses in the United States and elsewhere as the Secretary of State may deem proper, to be disbursed under the direction of the Secretary of State, $31,500: <proviso>Provided, That not to exceed $700 shall be expended by the Commissioner and/or his staff in attending meetings of the Commission</proviso>.</content> </appropriations> <appropriations level="small"> <heading>prisons for american convicts</heading> <sidenote>Prisons for American convicts.Maintenance expenses.Insane persons.</sidenote> <content>For expenses of maintaining in China, the former Ottoman Empire, Egypt, Ethiopia, Morocco, and Muscat institutions for incarcerating American convicts and persons declared insane by any consular court; wages of prison keepers; rent of quarters for prisons; ice and drinking water for prison purposes; and for the expenses of keeping, feeding, and transportation of prisoners and persons declared insane by any consular court in China, the former Ottoman Empire, Egypt, Ethiopia, Morocco, and Muscat, so much as may be necessary; $1,250.</content> </appropriations> <appropriations level="small"> <heading>bringing home persons charged with crime</heading> <sidenote>Bringing home persons charged with crime.Expenses.R.S., sec. 5275, p. 1022.U.S.C., p. 511.Ante, p. 454.</sidenote> <content>For every expenditure requisite for or incident to the bringing home from foreign countries of persons charged with crime as authorized by section 5275 of the Revised Statutes (U.S.C., title 18, sec. 659), $2,000.<sidenote>Minor purchases without advertising.R.S., sec. 3709, p. 733.U.S.C., p. 1309.</sidenote> Section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) shall not apply to any purchase or service rendered payable from the foregoing appropriations when the aggregate amount involved does not exceed $100 or when the purchase or service relates to the packing of personal and household effects of Diplomatic, Consular, and Foreign Service officers and clerks for foreign shipment.<sidenote>Restriction on expenditures for rent.</sidenote> No portion of the sums appropriated in title I of this Act shall, unless expressly authorized, be expended tor rent or rental allowances in the District of Columbia or elsewhere in the United States.<sidenote>Expenses, procuring information for corporations, etc.</sidenote> Wherever the Secretary of State, in his discretion, procures information on behalf of corporations, firms, and individuals, the expense of cablegrams and telephone service involved may be charged against the respective appropriations for the service utilized; and reimbursement therefor shall be required from those for whom the information was procured and, when made, be credited to the appropriation under which the expenditure was charged.<sidenote>Short title.</sidenote> This title may be cited as the “ Department of State Appropriation Act, 1935.” </content> </appropriations> <num class="centered" value="II">TITLE II—</num><heading class="centered">DEPARTMENT OF JUSTICE</heading> <sidenote>Department of Justice.</sidenote> <appropriations level="small"> <heading>office of the attorney general</heading> <sidenote>Attorney General, Solicitor General.Personal services.Books, purchase, etc.</sidenote> <content>Salaries: For the Attorney General, Solicitor General, Assistant to the Attorney General, and other personal services in the District of Columbia; $1,216,500. Books: For the purchase of law books, books of reference, and periodicals, including the exchange thereof, for the Department of <page identifier="/us/stat/48/537">537</page>Justice, $10,130: <proviso>Provided, That not to exceed $2 per volume shall <sidenote>Proviso.Price limit, United States Code, annotated.</sidenote>be paid for the current and future volumes of the United States Code, Annotated</proviso>. Contingent expenses: For stationery, furniture and repairs, floor <sidenote>Contingent expenses.</sidenote>coverings not exceeding $1,500, file holders and cases; miscellaneous expenditures, including telegraphing and telephones, postage, labor, typewriter’s and adding machines and the exchange thereof and repairs thereto, street-car fares not exceeding $300, newspapers, press clippings, and other necessaries ordered by the Attorney General; official transportation, including the repair, maintenance, and operation <sidenote>Vehicles.</sidenote>of five motor-driven passenger cars, one for the Attorney General, two for general use of the. Department, two for the Division of Investigation for investigative work, delivery truck, and motorcycle, to be used only for official purposes, and purchase and repair of bicycles, $86,000: <proviso>Provided, That this appropriation may <sidenote>Proviso.Reimbursement for car expenses.</sidenote>be reimbursed for expenditures in connection with cars herein ear expenses, authorized for the Division of Investigation from the appropriation for the expenses of said Division when approved in writing by the Attorney General</proviso>. Printing and binding: For printing and binding for the Department <sidenote>Printing and binding.</sidenote>of Justice and the courts of the United States, $282,000. Traveling and miscellaneous expenses: For traveling and other <sidenote>Travel and miscellaneous expenses.</sidenote>miscellaneous and emergency expenses, authorized and approved by the Attorney General, to be expended at his discretion, $37,000. </content> </appropriations> <appropriations level="small"> <heading>miscellaneous objects, department of justice</heading><sidenote>Miscellaneous.</sidenote> <content>Conduct of customs cases: Assistant Attorney General, special <sidenote>Conduct of customs cases.</sidenote>attorneys and counselors at law in the conduct of customs cases, to be employed and their compensation fixed by the Attorney General; necessary clerical assistance and other employees at the seat of government and elsewhere, to be employed and their compensation fixed by the Attorney General, including experts at such rates of compensation as may be authorized or approved by the Attorney General; supplies, Supreme Court Reports and Digests, and Federal Reporter and Digests, traveling, and other miscellaneous and incidental expenses, to be expended under the direction of the Attorney General; in all $99,800. Defending suits in claims against the United States: For necessary <sidenote>Defending suits in claims against United States.</sidenote>expenses incurred in the examination of witnesses, procuring evidence, employment of experts at such rates of compensation as may be authorized or approved by the Attorney General, and such other expenses as may be necessary in defending suits in the Court of Claims, including Indian depredation claims, to be expended under the direction of the Attorney General, $50,000. </content> </appropriations> <appropriations level="intermediate"> <heading>Division of Investigation</heading><sidenote>Division of investigation.</sidenote> <appropriations level="small"> <heading>salaries and expenses</heading><sidenote>Salaries and expenses.</sidenote> <content>Detection and prosecution of crimes: For the detection and prosecution <sidenote>Detection and prosecution of crimes.Protection of the President.Identification records.Investigations.</sidenote>of crimes against the United States; for the protection of the person of the President of the United States: the acquisition, collection, classification, and preservation of identification and other records and their exchange with the duly authorized officials of the Federal Government, of States, cities, and other institutions; for investigations, investigation of the official acts, records, and accounts of marshals, attorneys, clerks of the United States courts and Territorial courts, probation officers, and United States commissioners, for which purpose all the official papers, records, and dockets of said officers, with-<page identifier="/us/stat/48/538">538</page>out exception, shall be examined by the agents of the Division of Investigation at any time; and also, when requested by the presiding <sidenote>Official matters under control of Department of State.</sidenote>judge, the official acts, records, and accounts of referees and trustees of such courts; for such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General; hire, <sidenote>Vehicles.</sidenote>maintenance, upkeep, and operation of motor-propelled passenger-carrying vehicles when necessary; for copying in the District of <sidenote>Supplies.</sidenote>Columbia or elsewhere, reports of examiners at folio rates; firearms and ammunition, such stationery, supplies, and equipment for use at the seat of government or elsewhere as the Attorney General may direct, including not to exceed $13,000 for taxicab hire to be used exclusively for the purposes set forth in this paragraph and to be expended under the direction of the Attorney General; traveling expenses, including expenses of attendance at meetings concerned with the work of such division when authorized by the Attorney General; payment of rewards when specifically authorized by the Attorney General for information leading to the apprehension of fugitives from justice, and including not to exceed $520,000 for personal services in the District of Columbia; $2,880,000.<sidenote>Alcoholic Beverage Unit.Enforcement of twenty-first amendment to Constitution.Vol. 47, p. 1625.Other designated acts.</sidenote> Alcoholic Beverage Unit: For salaries and expenses to enforce and administer the twenty-first amendment to the Constitution and such laws as Congress may enact for the enforcement of such amendment, the Act of March 3, 1917 (U.S.C., Supp. VI, title 27, sec. 122), the Act of March 3, 1917 (U.S.C., title 18, secs. 341, 342; Supp. VI, title 27, sec. 123), as amended by section 12 of the “ Liquor Taxing Act of 1934 ”, approved January 11, 1934; the Act of August 8, 1890 (U.S.C., Supp. VI, title 27, sec. 121); section 238 of the Criminal Code (U.S.C., title 18, sec. 388); section 239 of the Criminal Code (U.S.C., title 18, sec. 389); section 240 of the Criminal Code (U.S.C., <sidenote>Ante, p. 313.</sidenote>title 18, sec. 390); applicable provisions of the “ Liquor Taxing Act of 1934 ”, approved January 11, 1934; existing applicable provisions of the National Prohibition Act, as amended and supplemented (U.S.C., title 27), and internal revenue laws, pursuant to the Act of March 3, 1927 (U.S.C., Supp. VI, title 5, secs. 281–281e), and the Act of May 27, 1930 (U.S.C., Supp. VI, title 27, secs. 144–192); <sidenote>Review of certain pending eases.</sidenote>the review of all pending cases growing out of violations prior to December 5, 1934, of the National Prohibition Act, as amended and supplemented, and/or the internal revenue laws relating to alcoholic beverages for the determination of the civil liability due the Government and proper expense of litigation in cases now pending and which may hereafter be constituted, for the purpose of recovering <sidenote>Employment of personnel.Securing evidence, etc.</sidenote>such civil liabilities; for the employment of executive officers, attorneys, investigators, and other personnel, in the District of Columbia securing evidence, and elsewhere, to be appointed as authorized by law; the securing of evidence of violations of the Acts; the cost of chemical analysis made by other than employees of the United States and expenses incident to the giving of testimony in relation thereto; costs incurred in the seizure, storage, and disposition of liquor and property seized by virtue of the laws applicable to said seizure; costs incurred in the seizure, storage, and disposition of any vehicle and team or automobile, boat, air or water craft, or any other conveyance, seized pursuant to existing laws applicable to such seizures, where the proceeds of sale are insufficient therefor or where there is no sale; for rental of quarters; the purchase of stationery, supplies, equipment, mechanical devices, newspapers, periodicals, books, including law books and books of reference, and such other expenditures as may be necessary in the District of Columbia and the several field offices; in all, $225,000. </content> </appropriations> <page identifier="/us/stat/48/539">539</page> <appropriations level="small"> <heading>division of accounts</heading> <sidenote>Division of Accounts.Salaries.</sidenote> <content>Salaries: For personal services and expenses of the Division of Accounts in the District of Columbia, $112,000, to be expended under the direction of the Attorney General.</content> </appropriations> <appropriations level="small"> <heading>enforcement of antitrust and kindred laws</heading><sidenote>Antitrust laws, enforcement.Expenses.</sidenote> <content>Enforcement of antitrust and kindred laws: For the enforcement of antitrust and kindred laws, including experts at such rates of compensation as may be authorized or approved by the Attorney General, including not to exceed $55,080 for personal services in the District of Columbia, $289,700.</content> </appropriations> <appropriations level="small"> <heading>bureau of prisons</heading> <sidenote>Bureau of Prisons.Salaries and expenses.</sidenote> <content>Salaries and expenses: For salaries and expenses in connection with the supervision of the maintenance and care of United States prisoners, including not to exceed $168,300 for personal services in the District of Columbia and elsewhere, traveling expenses, and expenses of attendance at meetings concerned with the work of such bureau when authorized by the Attorney General; $197,300.</content> </appropriations> <appropriations level="small"> <heading>veterans’ insurance litigation</heading><sidenote>Veterans’ insurance litigation.Salaries and expenses.Vol. 43, pp. 612, 1302; U.S.C., p. 1218.Ante, p. 302.</sidenote> <content>Salaries and Expenses: For salaries and expenses incident to the defense of suits against the United States under section 19, of the World War Veterans’ Act, 1924, approved June 7, 1924, as amended, or the compromise of the same under the Independent Offices Appropriation Act, 1934, approved June 16, 1933, including traveling and office expenses, supplies, equipment, stenographic reporting services by contract or otherwise, printing and binding, the employment of experts at such rates of compensation as may be authorized or approved by the Attorney General, and personal services in the District of Columbia and elsewhere, $800,000.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>JUDICIAL</heading> <sidenote>Judicial.</sidenote> <appropriations level="small"> <heading>united states supreme court</heading> <sidenote>United States Supreme Court.Salaries, Chief Justice and Associate Justices.Reporter and other officers and employees.</sidenote> <content>Salaries: For the Chief Justice and eight Associate Justices; reporter of the court; and all other officers and employees, whose compensation shall be fixed by the court, except as otherwise provided officers and employees, by law, and who may be employed and assigned by the Chief Justice to any office or work of the court, including an additional assistant to the reporter of the court, if the court deems one necessary, to enable the reporter to expedite the publication of its reports; $282,000. Printing and binding: For printing and binding for the Supreme <sidenote>Printing and binding.</sidenote>Court of the United States, $21,000, to be expended as required without allotment by quarters, and to be executed by such printer as the court may designate. Miscellaneous expenses: For miscellaneous expenses of the Supreme <sidenote>Miscellaneous expenses.</sidenote>Court of the United States, including rent of office for the reporter in Washington, to be expended as the Chief Justice may direct, $15,000. </content> </appropriations> <appropriations level="small"> <heading>salaries of judges</heading><sidenote>Judges.Salaries of.</sidenote> <content>Salaries of judges: For forty-one circuit judges; one hundred and fifty-two district judges (including two in the Territory of Hawaii, one in the Territory of Puerto Rico, four in the Territory of Alaska, <page identifier="/us/stat/48/540">540</page><sidenote>Retired.Vol. 40, p. 1157; U.S.C., p. 908.Customs courts.Vol. 42, p. 972; Vol. 46, p. 737.Proviso.Availability.</sidenote>and one in the Virgin Islands); and judges retired under section 260 of the Judicial Code, as amended, and section 518 of the Tariff Act of 1930; in all, $2,220,000: <proviso>Provided, That this appropriation shall be available for the salaries of all United States justices and circuit and district judges lawfully entitled thereto, whether active or retired</proviso>.</content> </appropriations> <appropriations level="small"> <heading>expenses of judges</heading> <sidenote>Expenses of judges.</sidenote> <content>Expenses of judges: For expenses of circuit and district judges of the United States and the judges of the district courts of the United States in Alaska, Puerto Rico, and Hawaii, as provided by law, $95,000.</content> </appropriations> <appropriations level="small"> <heading>court of customs and patent appeals</heading> <sidenote>Court of Customs and Patent Appeals.Salaries.</sidenote> <content>Salaries: Presiding judge and four associate judges and all other officers and employees of the court, $90,040,<sidenote>Contingent expenses.</sidenote> Contingent expenses: For books and periodicals, including their exchange; stationery, supplies, traveling expenses; drugs, chemicals, cleansers, furniture; and for such other miscellaneous expenses as may be approved by the presiding judge, $4,000.<sidenote>Printing and binding.</sidenote> Printing and binding: For printing and binding, $5,000. </content> </appropriations> <appropriations level="small"> <heading>united states customs court</heading> <sidenote>Customs Court.Salaries.</sidenote> <content>Salaries: Presiding judge and eight judges; and all other officers and employees of the court, $205,560.<sidenote>Contingent expenses.</sidenote> Contingent expenses: For books and periodicals, including their exchange; stationery, supplies, traveling expenses; and for such other miscellaneous expenses as may be approved by the presiding judge, $15,700.<sidenote>Printing and binding.</sidenote> Printing and binding: For printing and binding, $2,000. </content> </appropriations> <appropriations level="small"> <heading>court of claims</heading> <sidenote>Court of Claims.Salaries.</sidenote> <content>Salaries: Chief justice and four judges; chief clerk at not exceeding $6,500; auditor at not exceeding $5,000; and all other officers and employees of the court, $109,940.<sidenote>Printing and binding.</sidenote> Printing and binding: For printing and binding, $25,000.<sidenote>Contingent, expenses.</sidenote> Contingent expenses: For stationery, court library, repairs, fuel, electric light, electric elevator, and other miscellaneous expenses, $6,000.<sidenote>Commissioners, salaries and expenses.</sidenote> Salaries and expenses of commissioners: For salaries of five commissioners at $7,500 each, and for travel expenses, compensation of stenographers authorized by the court, and for stenographic and other fees and charges necessary in the taking of testimony and in the performance of the duties as authorized by the Act entitled <sidenote>Vol. 43, p. 964; U.S.C., p. 899.Vol. 46, p. 799; U.S.C., Supp. VII, p. 731.</sidenote>“<shortTitle role="act">An Act amending section 2 and repealing section 3 of the Act approved February 24, 1925 (U.S.C., title 28, secs. 269, 270), entitled ‘An Act to authorize the appointment of commissioners by the Court of Claims and to prescribe their powers and compensation and for other purposes</shortTitle>”, approved June 23, 1930 (U.S.C., Supp. VI, title 28, sec. 270), $51,130.<sidenote>Repair, etc., of buildings.</sidenote> Repairs, furnishings, and so forth: For necessary repairs, furnishings, and improvements to the Court of Claims buildings, to be expended under the supervision of the Architect of the Capitol, $14,000. </content> </appropriations> <appropriations level="small"> <heading>territorial courts</heading> <sidenote>Territorial Courts, Hawaii.Salaries.</sidenote> <content><inline class="smallCaps">Hawaii</inline> : For salaries of the chief justice and two associate justices, and for judges of the circuit courts, $79,650.</content> </appropriations> <page identifier="/us/stat/48/541">541</page> <appropriations level="small"> <heading>district court, panama canal zone</heading><sidenote>District Court, Panama Canal Zone.Salaries.</sidenote> <content>Salaries, District Court, Panama Canal Zone: For salaries of the officials and employees of the District Court of the United States for the Panama Canal Zone, $41,205.</content> </appropriations> <appropriations level="small"> <heading>united states court for china</heading> <sidenote>United States Court for China.Salaries.</sidenote> <content>United States Court for China: For salaries of the judge, district attorney, and other officers and employees of the United States Court for China; court expenses, including reference and law books, ice and drinking water for office purposes, not exceeding $1,080 for Allowances, allowances for living quarters, including fuel, heat, and light, and <sidenote>Allowances.Vol. 46, p. 818.U.S.C., Supp. VII, p. 20.</sidenote>not to exceed $1,700 for any one person, as provided by the Act approved June 26, 1930 (U.S.C. Supp. VI, title 5, sec. 118a); traveling expenses of officers and employees of the court, and under such regulations as the Attorney General may prescribe of their families and effects, in going to and returning from their posts; preparation and transportation of remains of officers and employees <sidenote>Bringing home remains of officers dying abroad.</sidenote>who may die abroad or in transit while in the discharge of abroad, their official duties, to their former homes in the United States, or to a place not more distant for interment and for the ordinary expenses of such interment; the expense of maintaining in <sidenote>Maintenance of convicts; persons declared insane.</sidenote>China, American convicts and persons declared insane by the court, insane, rent of quarters for prisoners, ice and drinking water for prison purposes, including wages of prison keepers, and the expense of keeping, feeding, and transporting prisoners and persons declared insane by the court, $42,440.</content></appropriations> <appropriations level="small"> <heading>marshals, district attorneys, clerks, and other expenses of united states courts</heading><sidenote>United States Courts.</sidenote> <content>Salaries and expenses of marshals, and so forth: For salaries, fees, <sidenote>Marshals.Salaries and expenses.Services in Alaska.</sidenote>and expenses of United States marshals and their deputies, including services rendered in behalf of the United States or otherwise, services in Alaska in collecting evidence for the United States when so specially directed by the Attorney General, traveling expenses, and maintenance, alteration, repair, and operation of motor-propelled passenger-carrying vehicles used in connection with the transaction of the official business of the United States marshals, $2,971,730. Salaries and expenses of district attorneys, and so forth: For <sidenote>District attorneys.Salaries and expenses.</sidenote>salaries, traveling, and other expenses of United States district attorneys and their regular assistants, clerks, and other employees, including the office expenses of United States district attorneys in Alaska, and for salaries of regularly appointed clerks to United States district attorneys for services rendered during vacancy in the office of the United States district attorney, $2,344,580. Salaries and expenses of special attorneys, and so forth: For <sidenote>Special attorneys.Salaries and expenses.Assistants.</sidenote>compensation and traveling expenses of special attorneys and assistants to the Attorney General and to United States district attorneys employed by the Attorney General to aid in special cases, <sidenote>Foreign counsel.</sidenote>and for payment of foreign counsel employed by the Attorney General in special cases, $600,000, of which $50,000 shall be immediately available: <proviso>Provided, That the amount paid as compensation <sidenote>Provisos.Compensation limitation.Reports to Congress.</sidenote>out of the funds herein appropriated to any person employed hereunder shall not exceed $10,000</proviso>: <proviso>Provided further, That reports be submitted to the Congress on the 1st day of July and January showing the names of the persons employed hereunder, the annual rate of compensation or amount of any fee paid to each together with a description of their duties</proviso>. <page identifier="/us/stat/48/542">542</page><sidenote>Clerks of courts.Salaries and expenses.</sidenote> Salaries and expenses, clerks of courts: For salaries of clerks of United States circuit courts of appeals and United States district courts, their deputies, and other assistants, travel expenses pursuant <sidenote>Vol. 44, p. 688.U.S.C., Supp. VII, p. 53.</sidenote>to the Subsistence Expense Act of 1926, as amended (U.S.C., Supp. VI, title 5, secs. 821–833), and other expenses of conducting their respective offices, $1,797,000.<sidenote>Fees for commissioners.R.S., sec. 1014, p. 189.U.S.C., p. 506.</sidenote> Fees of commissioners: For fees of the United States commissioners and other committing magistrates, acting under section 1014, Revised Statutes (U.S.C., title 18, sec. 591), $400,000.<sidenote>Conciliation Commissioners.Fees; per diem allowance, etc.</sidenote> Conciliation Commissioners, United States Courts: For fees of conciliation commissioners, and per diem allowance and traveling expenses of supervising conciliation commissioners, as authorized by the Act <sidenote>Vol. 30, p. 544; Vol. 47, p. 1467.U.S.C., p. 243; Supp. VII, p. 135.</sidenote>entitled “<shortTitle role="act">An Act to amend an Act entitled ‘An Act to establish a uniform system of bankruptcy throughout the United States’, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto</shortTitle>”, approved March 3, 1933, the unexpended <sidenote>Ante, p. 98.</sidenote>balance of the amount made available for this purpose in the Third Deficiency Act, fiscal year 1933, is continued available until June 30, 1935.<sidenote>Jurors and witnesses.Fees, mileage, and per diem.R.S., sec. 850, p. 160.U.S.C., p. 927.</sidenote> Fees of jurors and witnesses: For mileage and per diems of jurors; for mileage and per diems of witnesses and for per diems in lieu of subsistence; and for payment of the expenses of witnesses, as provided by section 850, Revised Statutes (U.S.C., title 28, sec. 604), including the expenses, mileage, and per diems of witnesses on behalf of the Government before the United States Customs Court, such payments to be made on the certification of the attorney for the <sidenote>R.S., sec. 846, p. 159.U.S.C., p. 924.Provisos.Pay, etc., on approval of Attorney General.</sidenote>United States and to be conclusive as provided by section 846, Revised Statutes (U.S.C., title 28, sec. 577), $2,230,000: <proviso>Provided, That not to exceed $10,000 of this amount shall be available for such compensation and expenses of witnesses or informants as may be authorized or approved by the Attorney General, which approval <sidenote>Attendance fee.</sidenote>shall be conclusive</proviso>: <proviso>Provided further, That no part of the sum herein appropriated shall be used to pay any witness more than one attendance fee for any one calendar day</proviso>.<sidenote>Rent.</sidenote> Rent: For rent of rooms for the United States courts and judicial officers, $55,000.<sidenote>Bailiffs.Salaries and expenses.Jury expenses.</sidenote> Salaries and expenses of bailiffs, and so forth: For bailiffs, not exceeding three bailiffs in each court, except in the southern district of New York and the northern district of Illinois; meals and lodging for jurors in United States cases, and of bailiffs in attendance <sidenote>Alaska.Vol. 31, p. 639.U.S.C., pp. 864, 921, 926.Jury commissioners.Provisos.Service restriction.</sidenote>upon the same, when ordered by the court, and meals and lodging for jurors in Alaska, as provided by section 193, title II, of the Act of June 6, 1900 (U.S.C., title 28, secs. 9, 557–570, 595, 596), and jury commissioners, compensation for jury commissioners, $5 per day, not exceeding three days for any one term of court, $235,000: <proviso>Provided, That no per diem shall be paid to any bailiff unless the court is actually in session and the judge present and presiding or present in chambers</proviso>: <sidenote>Limitation of expenditure.</sidenote><proviso>Provided further, That none of this appropriation shall be used for the pay of bailiffs when deputy marshals or marshals are available for the duties ordinarily executed by bailiffs, the fact of unavailability to be determined by the certificate of the marshal</proviso>.<sidenote>Miscellaneous expenses.</sidenote> Miscellaneous expenses: For such miscellaneous expenses as may be authorized or approved by the Attorney General, for the United States courts and their officers, including experts at such rates of compensation as may be authorized or approved by the Attorney General, including also so much as may be necessary in the discretion <sidenote>Alaska.</sidenote>of the Attorney General for such expenses in the District of Alaska <page identifier="/us/stat/48/543">543</page>and in courts other than Federal courts, and including traveling <sidenote>Travel expenses.Vol. 44, p. 688.U.S.C., Supp. VII, p. 53.Stenographer or law clerk, maximum salary.</sidenote>expenses pursuant to the Subsistence Expense Act of 1926, as amended (U.S.C., Supp. VI, title 5, ch. 16), $827,460: <proviso>Provided, That the maximum salary paid to any stenographer or law clerk to any circuit judge shall not exceed $2,400 per annum</proviso>. Supplies: For supplies, including the exchange of typewriting and <sidenote>Supplies.</sidenote>adding machines, for the United States courts and judicial officers, including firearms and ammunition therefor, to be expended under direction of the Attorney General, $80,000. Law books: For the purchase of law books, including the exchange <sidenote>Law books for judicial officers.</sidenote>thereof, for United States judges, district attorneys, and other judicial officers, including the libraries of the ten United States circuit courts of appeals, for the purchase of the Federal Reporter <sidenote>Federal Reporter.</sidenote>and continuations thereto as issued, to be expended under the direction of the Attorney General, $75,000: <proviso>Provided, That such books <sidenote>Provisos.Transmittal to successors.</sidenote>shall in all cases be transmitted to their successors in office; all books purchased thereunder to be marked plainly, “ The property of the United States ”</proviso>: <proviso>Provided further, That, not to exceed $2 per <sidenote>Price limit, United States Code, annotated.</sidenote>volume shall be paid for the current and future volumes of the United States Code, Annotated</proviso>. </content> </appropriations> <appropriations level="small"> <heading>penal and correctional institutions</heading> <sidenote>Penal and correctional institutions.Services, supplies, etc.</sidenote> <content>For all services, including personal services compensated upon fee basis, supplies, materials, and equipment in connection with or incident to the subsistence and care of inmates and maintenance and upkeep of Federal penal and correctional institutions, including farm and other operations not otherwise specifically provided for in the discretion of the Attorney General; gratuities for inmates at release, provided such gratuities shall be furnished to inmates sentenced for terms of imprisonment of not less than six months, and transportation to the place of conviction or bona fide residence at the time of conviction or to such other place within the United States as may be authorized by the Attorney General; expenses of interment or transporting remains of deceased inmates to their homes in the United States; maintenance and repair of passenger-carrying vehicles; traveling expenses of institution officials and employees when traveling on official duty, including expenses of attendance at meetings concerned with the work of the several institutions when authorized by the Attorney General, and including expenses incurred in pursuing and identifying escaped inmates; traveling expenses of members of advisory boards authorized by law incurred in the discharge of their official duties: rewards for the capture of escaped inmates; newspapers, books, and periodicals; firearms and ammunition; tobacco for inmates; and the purchase and exchange of farm products and livestock, when authorized by the Attorney General: <proviso>Provided, That any part of the appropriations <sidenote>Proviso.Prison commissaries.</sidenote>under this heading used for payment of salaries of personnel employed in the operation of prison commissaries shall be reimbursed from commissary earnings, and such reimbursement shall be in addition to the amounts appropriated herein</proviso>. Prison industries working capital fund: Prison industries working <sidenote>Prison industries working capital fund.Reappropriation.Vol. 47, p. 1385.Receipts credited to revolving fund.</sidenote>capital fund, 1934 and prior years, is reappropriated and made available for the fiscal year 1935, including payment of obligations incurred in prior years; and the said working capital fund and all receipts credited thereto may be used as a revolving fund for the fiscal year 1935, for the purposes authorized by the Act entitled “<shortTitle role="act">An <sidenote>Vol. 46, p. 391.U.S.C., Supp. VII, p. 357.</sidenote>Act to provide for the diversification of employment of Federal prisoners for their training and schooling in trades and occupations, and for other purposes</shortTitle>”, approved May 27, 1930 (U.S.C., Supp. VI, <page identifier="/us/stat/48/544">544</page><sidenote>Proviso.Use for manufacture of metal furniture, etc., forbidden.</sidenote>title 18. secs. 744d, 744e, 744f) : <proviso>Provided, That no part of this appropriation shall be used for the procurement and/or installation in any Federal correctional or penal institution of machinery for the manufacture of metal furniture and/or metal office equipment</proviso>. </content> </appropriations> <appropriations level="small"> <heading>medical and hospital service</heading> <sidenote>Medical and hospital service.</sidenote> <content>Medical and hospital service: For medical relief for, and incident to the care and maintenance of, inmates of penal and correctional institutions, including personal services in the District of Columbia and elsewhere, medical, surgical, and hospital supplies, materials, equipment, and appliances, together with appliances necessary for patients, $418,478, which amount, in the discretion of the Attorney General, may be transferred to the Public Health Service for direct expenditure under the laws, appropriations, and regulations governing <sidenote>Proviso.Hospital for defective delinquents.</sidenote>the Public Health Service: <proviso>Provided, That of this appropriation not to exceed $105,000 may be expended for the hospital for defective delinquents</proviso>.<sidenote>Federal penitentiaries.Leavenworth, Kans.</sidenote> United States penitentiary, Leavenworth, Kansas: For the United States penitentiary at Leavenworth, Kansas, including not to exceed $547,740 for salaries and wages of all officers and employees, and not to exceed $940 for purchase of motor-propelled passenger-carrying vehicles, $1,146,000.<sidenote>Atlanta, Ga.</sidenote> United States penitentiary, Atlanta, Georgia: For the United States penitentiary at Atlanta, Georgia, including not to exceed $310,980 for salaries and wages of all officers and employees, and not to exceed $940 for purchase of motor-propelled passenger-carrying vehicles, $626,000.<sidenote>McNeil Island, Wash.</sidenote> United States penitentiary, McNeil Island, Washington: For the United States penitentiary at McNeil Island, Washington, including not to exceed $173,190 for salaries and wages of all officers and employees, $338,000.<sidenote>Construction and repair.</sidenote> Construction and repair: For construction and repair of buildings, including the purchase and installation of machinery and equipment, and all expenses incident thereto, and for completion of water system, to be expended so as to give the maximum amount of employment to inmates of the institution, $60,800.<sidenote>Northeastern penitentiary.</sidenote> United States Northeastern Penitentiary: For the United States penitentiary in the Northeast, including not to exceed $271,830 for salaries and wages of all officers and employees, and not to exceed $940 for purchase of motor-propelled passenger-carrying vehicles, $491,000.<sidenote>Alcatraz Island, Calif.</sidenote> United States Penitentiary, Alcatraz Island, California: For the United States penitentiary at Alcatraz Island, California, including not to exceed $103,450 for salaries and wages of all officers and employees and not to exceed $750 for the purchase of a motor-propelled <sidenote>Unexpended balance available.Vol. 47, p. 1386.</sidenote>passenger-carrying vehicle, $231,475, together with not to exceed $15,000 of the unexpended balance of the appropriation “ United States Northeastern Penitentiary ”, fiscal year 1934.<sidenote>Federal Industrial Institution for Women, Alderson, W.Va.</sidenote> Federal Industrial Institution for Women, Alderson, West Virginia: For the Federal Industrial Institution for Women at Alderson, West Virginia, including not to exceed $111,420 for salaries and wages of all officers and employees, $226,000.<sidenote>Industrial Reformatory, Chillicothe, Ohio.</sidenote> United States Industrial Reformatory, Chillicothe, Ohio: For the United States Industrial Reformatory at Chillicothe, Ohio, including not to exceed $247,850 for salaries and wages of all officers and employees and not to exceed $1,690 for the purchase of motor-propelled passenger-carrying vehicles, $453,000. <page identifier="/us/stat/48/545">545</page> United States Southwestern Reformatory: For the United States <sidenote>Southwestern Reformatory.</sidenote>Southwestern Reformatory, including not to exceed $131,260 for salaries and wages of all officers and employees, and not to exceed $940 for purchase of motor-propelled passenger-carrying vehicles, $191,500. United States Hospital for Defective Delinquents: For the United <sidenote>Hospital for defective delinquents.</sidenote>States Hospital for Defective Delinquents, including not to exceed $108,110 for salaries and wages of all officers and employees, and not to exceed $940 for purchase of motor-propelled passenger-carrying vehicles, $254,000. Federal jails: For maintenance and operation of Federal jails, <sidenote>Federal fails.</sidenote>including not to exceed $260,620 for salaries and wages of all officers and employees, $435,000. Prison camps: For the construction and repair of buildings at <sidenote>Prison camps.Construction, etc.</sidenote>prison camps, the purchase and installation of machinery and equipment, and all necessary expenses incident thereto, and for the maintenance of United States prisoners at prison camps, including the maintenance, alteration, repair, and operation of a motor-propelled passenger-carrying bus, to be expended so as to give the maximum amount of employment to prisoners, $231,500: <proviso>Provided, That reimbursements <sidenote>Proviso.Reimbursements authorized.</sidenote>from this appropriation made to the War or other departments for supplies or subsistence shall be at the net contract or invoice price notwithstanding the provisions of any other Act</proviso>. Federal Correctional Camp, Eustis, Virginia: For the Federal <sidenote>Federal Correctional Camp, Eustis, Va.</sidenote>Correctional Camp at Eustis, Virginia, including not to exceed $103,705 for salaries and wages of all officers and employees, $175,000. Federal Reformatory Camp. Petersburg, Virginia: For the Federal <sidenote>Federal Reformatory Camp, Petersburg, Va.</sidenote>Reformatory Camp at Petersburg. Virginia, including not to exceed $92,530 for salaries and wages of all officers and employees, $158,000. National Training School for Boys, Washington, District of <sidenote>National Training School for Boys, D.C.</sidenote>Columbia: For the National Training School for Boys, Washington, District of Columbia, including expenses of a suitable attendant to accompany the remains of deceased inmates to their homes for burial; and including not to exceed $90,000 for salaries and wages of all officers and employees, $185,000. Probation system, United States courts: For salaries and expenses <sidenote>Probation system, United States courts.Vol. 43, p. 1259; Vol. 46, p. 503.U.S.C., p. 516; Supp. VII, p. 356.Provisos.Travel expenses.Salary restriction.</sidenote>of probation officers, as authorized by the Act entitled “<shortTitle role="act">An Act to amend the Act of March 4, 1925, chapter 521, and for other purposes</shortTitle>”, approved June 6, 1930 (U.S.C., Supp. VI, title 18, sec. 726), $454,160: Provided, That not to exceed $98,000 of this appropriation may be expended for traveling expenses: <proviso>Provided further, That no part of the appropriation herein made shall be used to pay any probation officer a salary in excess of $2,600 per annum</proviso>: <proviso>Provided further, That no part of any appropriation in this Act shall be used <sidenote>Conditions imposed.</sidenote>to defray the salary or expenses of any probation officer who does not comply with the official orders, regulations, and probation standards promulgated by the Attorney General</proviso>. Support of prisoners: For support of United States prisoners, in <sidenote>Support of prisoners.</sidenote>non-Federal institutions and in the Territory of Alaska, including necessary clothing and medical aid, discharge gratuities provided by law and transportation to place of conviction or place of bona fide residence in the United States, or such other place within the United States as may be authorized by the Attorney General; and including rent, repair, alteration, and maintenance of buildings and the maintenance of prisoners therein, occupied under authority of sections 4 <sidenote>Vol. 46, p. 326.U.S.C., Supp. VII, p. 354.</sidenote>and 5 of the Act of May 14, 1930 (U.S.C., Supp. VI, title 18, sec. 696); support of prisoners becoming insane during imprisonment, and who continue insane after expiration of sentence, who have no friends to whom they can be sent; shipping remains of deceased <page identifier="/us/stat/48/546">546</page>prisoners to their friends or relatives in the United States, and interment of deceased prisoners whose remains are unclaimed; expenses incurred in identifying, pursuing, and returning escaped prisoners and for rewards for their recapture; and for repairs, betterments, and improvements of United States jails, including sidewalks, <sidenote>Proviso.Report to Congress.</sidenote>$1,400,000: <proviso>Provided, That a report be submitted to Congress on the 1st day of the next regular session showing the names of the persons employed hereunder, the annual rate of compensation paid to each together with a description of their duties</proviso>.<sidenote>Short title.</sidenote> This title may be cited as the “<shortTitle role="title">Department of Justice Appropriation Act, 1935</shortTitle>.” </content> </appropriations> </appropriations> <num class="centered" value="III">TITLE III—</num><heading class="centered">DEPARTMENT OF COMMERCE</heading><sidenote>Department of Commerce.</sidenote> <appropriations level="small"> <heading>office of the secretary</heading><sidenote>Office of the Secretary.Salaries.</sidenote> <content>Salaries: Secretary of Commerce, two Assistant Secretaries, and other personal services in the District of Columbia, including the chief clerk and superintendent, who shall be chief executive officer of the Department and who may be designated by the Secretary of Commerce to sign official papers and documents during the temporary absence of the Secretary and the Assistant Secretaries, of the Department, $326,000.<sidenote>Contingent and miscellaneous expenses.</sidenote> Contingent expenses: For contingent and miscellaneous expenses of the Offices and bureaus of the Department, except the Patent Office, including those for which appropriations for contingent and miscellaneous expenses are specifically made, including professional and scientific books, law books, books of reference, periodicals, blank books, pamphlets, maps, newspapers (not exceeding $2,800); purchase of atlases or maps; stationery; furniture and repairs to same; carpets, matting, oilcloth, file cases, towels, ice, brooms, soap, sponges; fuel, lighting, and heating; purchase and exchange or motor trucks and bicycles; maintenance, repair, and operation of three motor-propelled passenger-carrying vehicles (one for the Secretary of Commerce and two for the general use of the Department), and motor trucks and bicycles, to be used only for official purposes; freight and express charges; postage to foreign countries; telegraph and telephone service; typewriters, adding machines, and other labor-saving devices, including their repair and exchange; first-aid outfits for use in the buildings occupied by employees of this Department; street-car fares, not exceeding $600; and all other miscellaneous items and necessary expenses not included in the foregoing, $121,000, which sum shall constitute the appropriation for contingent expenses of the Department, except the Patent Office, and shall also be available for the purchase of necessary supplies and equipment for field services of bureaus and offices of the Department for which contingent and miscellaneous appropriations are specifically made in order to facilitate the purchase through the central purchasing office (Division of Purchases and Sales), as provided by law.<sidenote>Printing and binding.</sidenote> Printing and binding: For all printing and binding for the Department of Commerce, including all of its bureaus, offices, institutions, and services in the District of Columbia and elsewhere, except the Patent Office, $350,410: <proviso>Provided, That an amount not to exceed $2,000 of this appropriation may be expended for salaries of persons detailed from the Government Printing Office for service as copy editors</proviso>. </content> </appropriations> <page identifier="/us/stat/48/547">547</page> <appropriations level="small"> <heading>federal, employment stabilization board</heading><sidenote>Federal Employment Stabilization Board.Salaries and expenses.</sidenote> <content>Salaries and expenses: To enable the Secretary of Commerce to carry out the provisions of the Employment Stabilization Act of 1931, approved February 10, 1931 (U.S.C., Supp. VI, title 29, secs. <sidenote>Vol. 46, p. 1084.U.S.C., Supp. VII, p. 747.</sidenote>48–48g), including personal services in the District of Columbia and elsewhere, traveling expenses, purchases of equipment, furniture, stationery and office supplies, printing and binding, repairs to equipment, law books, books of reference, and other necessary publications, and to procure by contract or otherwise any information or data concerning construction which may be considered pertinent, and all other incidental expenses not included in the foregoing, $40,000, of which amount not to exceed $35,000 may be expended for personal services in the District of Columbia.</content> </appropriations> <appropriations level="small"> <heading>aircraft in commerce</heading><sidenote>Aircraft in commerce.Services and expenses.Vol. 44, p. 568; Vol. 45, p. 1404.U.S.C., p. 2119; Supp. VII, p. 1021.</sidenote> <content>Aircraft in commerce: To carry out the provisions of the Act approved May 20, 1926, entitled “<shortTitle role="act">An Act to encourage and regulate the use of aircraft in commerce, and for other purposes</shortTitle>” (U.S.C., title 49, secs. 171–184), as amended by the Act approved February 28, 1929 (U.S.C., Supp. VI, title 49, sec. 173d), including personal services in the District of Columbia (not to exceed $192,000), and elsewhere; rent in the District of Columbia and elsewhere; traveling expenses; contract stenographic reporting services; fees and mileage of witnesses; purchase of furniture and equipment; stationery and supplies, including medical supplies, typewriting, adding, and computing machines, accessories and repairs; purchase, including exchange (not to exceed $2,000), maintenance, operation, and repair of motor-propelled passenger-carrying vehicles for official use in field work; purchase and replacement, including exchange, of air planes (not to exceed $16,500) ; purchase of airplane motors, airplane and motor accessories and spare parts; maintenance, operation, and repair of airplanes and airplane motors; purchase of special clothing, wearing apparel, and similar equipment for aviation purposes; purchase of books of reference and periodicals; newspapers, reports, documents, plans, specifications, maps, manuscripts, and all other publications; and all other necessary expenses not included in the foregoing; in all $644,000: <proviso>Provided, That none of the money appropriated <sidenote>Proviso.Liberty, etc., motors.</sidenote>in this Act shall be used for the purchase of any airplane ordered after the approval of this Act which is equipped or propelled by a Liberty motor or by any motor or airplane engine purchased or constructed prior to July 1, 1920</proviso>. Air-navigation facilities : For the establishment and maintenance <sidenote>Air-navigation facilities.Establishment, etc., of aids, mail routes, etc.</sidenote>of aids to air navigation, including the equipment of additional air mail routes for day and night flying; the construction of necessary lighting, radio, and other signaling and communicating structures and apparatus; repairs, alterations, and all expenses of maintenance and operation; investigation, research, and experimentation to develop and improve aids to air navigation; for personal services <sidenote>Services in the District.</sidenote>in the District of Columbia (not to exceed $111,700) and elsewhere; purchase, maintenance, operation, and repair of motor-propelled passenger-carrying vehicles for official use in field work, including their exchange; replacement, including exchange, of not to exceed two airplanes, maintenance, operation, and repair of airplanes, including accessories and spare parts and special clothing, wearing apparel, and suitable equipment for aviation purposes; and for the acquisition of the necessary sites by lease or grant, $4,561,250: <proviso>Provided, <sidenote>Proviso.Use restricted.Vol. 44, p. 568.</sidenote>That no part of this appropriation shall be used for any purpose not authorized by the Air Commerce Act of 1926</proviso>. <page identifier="/us/stat/48/548">548</page><sidenote>Attendance at meetings.</sidenote> Appropriations herein made for aircraft in commerce and air navigation facilities shall be available for expenses of attendance at meetings concerned with the promotion of civil aeronautics, and also expenses of illustrating the work of the Aeronautics Branch by showing of maps, charts, and graphs at such meetings, when incurred on the written authority of the Secretary of Commerce. </content> </appropriations> <appropriations level="small"> <heading>bureau of foreign and domestic commerce</heading> <sidenote>Bureau of Foreign and Domestic Commerce.Salaries.</sidenote> <content>Salaries: For the director and other personal services in the District of Columbia, $280,600.<sidenote>Foreign Commerce Service.Vol. 44, p. 1394.U.S.C., Supp. VII, p. 258.Personal services.</sidenote> For carrying out the provisions of the Act approved March 3, 1927 (U.S.C., Supp. VI, title 15, secs. 197–197f), to establish in the Bureau of Foreign and Domestic Commerce of the Department of Commerce a Foreign Commerce Service of the United States, including personal services in the District of Columbia and elsewhere, the compensation of a clerk or clerks for each commercial attaché at the rate of not to exceed $3,000 per annum for each person so <sidenote>Rent.</sidenote>employed, rent outside the District of Columbia, telephone service, purchase of furniture and equipment, stationery and supplies, typewriting, adding, duplicating, and computing machines, accessories and repairs, law books, books of reference and periodicals, uniforms, maps, reports, documents, plans, specifications, manuscripts, newspapers (foreign and domestic, not exceeding $4,000), anti all other publications, traveling expenses of officers and employees, ice and drinking water for office purposes, and all other incidental expenses not included in the foregoing, to be expended under the direction of the Secretary of Commerce, and under the following heads:<sidenote>Promoting commerce in Europe.</sidenote> Promoting commerce in Europe and other areas: Investigations in Europe and other areas for the promotion and development of the foreign commerce of the United States, $309,800;<sidenote>In Latin America.</sidenote> Promoting commerce in Latin America: Investigations in Latin America for the promotion and development of the foreign commerce of the United States, $128,500;<sidenote>In the Far East.</sidenote> Promoting commerce in the Far East: Investigations in the Far East for the promotion and development of the foreign commerce of the United States, $81,740;<sidenote>In Africa.</sidenote> Promoting commerce in Africa: Investigations in Africa for the promotion and development of the foreign commerce of the United States, $26,970;<sidenote>District and cooperative office service.</sidenote> District and cooperative office service: For all expenses necessary to operate and maintain district and cooperative offices, including personal services, rent outside of the District of Columbia, traveling expenses of officers and employees, purchase of furniture and equipment, stationery and supplies, typewriting, adding, and computing machines, accessories and repairs, purchase of maps, books of reference and periodicals, reports, documents, plans, specifications, manuscripts, not exceeding $1,200 for newspapers, both foreign and domestic, anti all other publications necessary for the promotion of the commercial interests of the United States, and all other incidental <sidenote>Proviso.New offices.</sidenote>expenses not included in the foregoing, $280,217: <proviso>Provided, That the Secretary of Commerce shall require as a condition for the opening of a new office or the continuation of an existing office, except in cases where space is available in Federal buildings or in Federal buildings for the construction of which contracts have been let, that commercial organizations in the district affected provide suitable quarters without cost to the Government on and after September 1, 1932</proviso>; <page identifier="/us/stat/48/549">549</page> Enforcement of China Trade Act: To carry out the provisions of <sidenote>China Trade Act.Enforcement expenses.Vol. 42, p. 849; Vol. 43, p. 995.U.S.C., p. 367.</sidenote>the Act entitled “<shortTitle role="act">China Trade Act, 1922</shortTitle>” (U.S.C., title 15, secs. 141–162), including personal services, traveling expenses of officers and employees, purchase of furniture and equipment, stationery and supplies, typewriting, adding and computing machines, accessories and repairs, purchase of books of reference and periodicals, reports, documents, plans, specifications, maps, manuscripts, and all other publications, rent outside the District of Columbia, ice and drinking water for office purposes; and all necessary expenses not included in the foregoing, $8,130, of which amount not to exceed $2,880 may be expended for personal services in the District of Columbia: <proviso>Provided, <sidenote>Proviso.Advance payments.</sidenote>That payment in advance for telephone and other similar services under this appropriation is hereby authorized</proviso>; Export industries: To enable the Bureau of Foreign and Domestic <sidenote>Export industries.Investigations and reports.</sidenote>Commerce to investigate and report on domestic as well as foreign problems relating to the production, distribution, and marketing, insofar as they relate to the important export industries of the United States, including personal services, traveling expenses of officers and employees, purchase of furniture and equipment, stationery and supplies, typewriting, adding, and computing machines, accessories and repairs, books of reference and periodicals, reports, documents, plans, specifications, manuscripts, and all other publications, rent outside of the District of Columbia, ice and drinking water for office purposes, and all other incidental expenses connected therewith, $475,000, of which amount not to exceed $468,470 may be expended for personal services in the District of Columbia; Domestic commerce and raw materials investigations: For all <sidenote>Domestic commerce and raw materials.</sidenote>expenses, including personal services, purchase of books of reference and periodicals, furniture and equipment, stationery and supplies, typewriting, adding, and computing machines, accessories and repairs, medical supplies and first-aid outfits, reports, documents, plans, specifications, manuscripts, maps, and all other publications, rent outside of the District of Columbia, traveling expenses of officers and employees, and all other incidental expenses not included in the foregoing, to enable the Bureau of Foreign and Domestic Commerce <sidenote>Compilation of data, etc.</sidenote>to collect and compile information regarding the disposition and handling of raw materials and manufactures within the United States; and to investigate the conditions of production and marketing <sidenote>Foreign raw materials.</sidenote>of foreign raw materials essential for American industries, $185,000, of which amount not to exceed $170,000 may be expended for personal services in the District of Columbia; Customs statistics: For all expenses necessary for the operation of <sidenote>Customs statistics.Expenses of collecting, etc.Vol. 42, p. 1109.U.S.C., p. 373.</sidenote>the section of customs statistics transferred to the Department of Commerce from the Treasury Department by the Act approved January 5, 1923 (U.S.C., title 15, sec. 194), including personal services; rent of or purchase of tabulating, punching, sorting, and other mechanical labor-saving machinery or devices, including adding, typewriting, billing, computing, mimeographing, multigraphing, photostat, and other duplicating machines and devices, including their exchange and repair; telegraph and telephone service; traveling expenses of officers and employees while traveling on official business; freight, express, drayage; tabulating cards, stationery, and miscellaneous office supplies; books of reference and periodicals; furniture and equipment; ice, water, heat, light, and power; street-car fare; and all other necessary and incidental expenses not included in the foregoing, $246,457, of which amount not to exceed $52,345 may be expended for personal services in the District of Columbia; <page identifier="/us/stat/48/550">550</page><sidenote>Lists of foreign buyers.Expenses of compiling.</sidenote>Lists of foreign buyers: For all necessary expenses, including personal services, purchase of furniture and equipment, stationery and supplies, typewriting, adding, and computing machines, accessories and repairs, lists of foreign buyers, books of reference, periodicals, reports, documents, plans, specifications, rent outside of the District of Columbia, traveling expenses of officers and employees, and all other incidental expenses not included in the foregoing, to enable the Bureau of Foreign and Domestic Commerce to collect and compile lists of foreign buyers, $31,572, of which amount not to exceed $30,850 may be expended for personal services in the District of <sidenote>Proviso.Charge for service authorized.</sidenote>Columbia: <proviso>Provided, That the Secretary of Commerce may make such charges as he deems reasonable for lists of foreign buyers, special statistical services, special commodity news bulletins, and World Trade Directory Reports, and the amounts collected therefrom shall be deposited in the Treasury as “ Miscellaneous receipts ”</proviso>;<sidenote>Foreign trade restrictions.Investigation expenses.</sidenote> Investigation of foreign trade restrictions: For all necessary expenses, including personal services, purchase of furniture and equipment, stationery and supplies, typewriting, adding, and computing machines, accessories and repairs, books of reference and periodicals, reports, documents, plans, specifications, manuscripts, and all other publications, rent outside of the District of Columbia, traveling expenses of officers and employees, and all other incidental expenses not included in the foregoing, to enable the Bureau of Foreign and Domestic Commerce to collect and compile information regarding the restrictions and regulations of trade imposed by foreign countries, $33,171, of which amount not to exceed $32,660 may be expended for personal services in the District of Columbia.<sidenote>Transportation of families and effects of officers, employees.</sidenote> Transportation of families and effects of officers and employees: To pay the traveling expenses and expenses of transportation, under such regulations as the Secretary of Commerce may prescribe, of families and effects of officers and employees of the Bureau of Foreign and Domestic Commerce in going to and returning from their posts, or when traveling under the order of the Secretary of Commerce, <sidenote>Bringing home remains of officer, etc., dying abroad.</sidenote>and also for defraying the expenses of preparing and transporting the remains of officers and employees of the Bureau of Foreign and Domestic Commerce who may die abroad or in transit, while in the discharge of their official duties, to their former homes in this country, or to a place not more distant, for interment, and for the ordinary expenses of such interment, $35,000;<sidenote>Allowance for living quarters, heat, and light.Vol. 44, p. 1395; Vol. 46, p. 163.U.S.C., Supp. VII, p. 259.</sidenote> To enable the Secretary of Commerce, under such regulations as he may prescribe, in accordance with the provisions of the Act entitled “<shortTitle role="act">An Act to amend the Act entitled ‘An Act to establish in the Bureau of Foreign and Domestic Commerce of the Department of Commerce, a Foreign Commerce Service of the United States, and for other purposes ’. approved March 3, 1927</shortTitle>”, approved April 12, 1930 (U.S.C., Supp. VI, title 15, sec. 197f), to furnish the officers in the Foreign Commerce Service of the Bureau of Foreign and Domestic Commerce stationed in a foreign country, without cost to them and within the limits of this appropriation, allowances for <sidenote>R.S., sec. 1765, p. 314.U.S.C., p. 32.</sidenote>living quarters, heat and light, notwithstanding the provisions of section 1765 of the Revised Statutes (U.S.C., title 5, sec. 70), $36,000: <sidenote>Proviso.Maximum allowance.Attendance at meetings.</sidenote><proviso>Provided, That the maximum allowance to any officer shall not exceed $1,700</proviso>; Appropriations herein made for the Bureau of Foreign and Domestic Commerce shall be available for expenses of attendance at meetings concerned with the promotion of foreign and domestic commerce, or either, and also expenses of illustrating the work of the Bureau by showing of maps, charts, and graphs at such meet-<page identifier="/us/stat/48/551">551</page>ings, when incurred on the written authority of the Secretary of Commerce; The purchase of supplies and equipment or the procurement of <sidenote>Minor purchases in foreign countries.R.S., sec. 3709, p. 733.U.S.C., p. 1309.</sidenote>services for the Bureau of Foreign and Domestic Commerce, in foreign countries, may be made in open market without compliance with section 3709 of the Revised Statutes of the United States (U.S.C., title 41, sec. 5), in the manner common among business men, when the aggregate amount of the purchase or the service does not exceed $100 in any instance; Total, Bureau of Foreign and Domestic Commerce, $2,164,157. </content> </appropriations> <appropriations level="small"> <heading>bureau of the census</heading> <sidenote>Census Bureau.Services and expenses.</sidenote> <content>For expenses for securing information for and compiling the census reports provided for by law, including personal services in the District of Columbia and elsewhere; compensation and expenses of enumerators, special agents, supervisors, supervisors’ clerks, and interpreters in the District of Columbia and elsewhere; traveling expenses; the cost of transcribing State, municipal, and other records; temporary rental of quarters outside the District of Columbia ; not to exceed $5,000 for the employment by contract of personal services for the preparation of monographs on census subjects; not to exceed $52,000 for constructing tabulating machines and repairs to such machinery and other mechanical appliances, including technical, mechanical, and other personal services in connection therewith in the District of Columbia and elsewhere, and the purchase of necessary machinery and supplies; and not to exceed $2,000 for expenses of attendance at meetings concerned with the collection of statistics when incurred on the written authority of the Secretary of Commerce; $1,593,500, of which amount not to exceed $1,223,870 may be expended for personal services in the District of Columbia, including not to exceed $51,000 for temporary employees who may <sidenote>Temporary employees.</sidenote>be appointed by the Director of the Census under civil-service rules, at per diem rates to be fixed by him without regard to the provisions <sidenote>U.S.C., p. 65; Supp. VII, p. 34.</sidenote>of the Classification Act of 1923, as amended, for the purpose of assisting in periodical inquiries. Census of agriculture: For salaries and necessary expenses for <sidenote>Census of agriculture.Salaries and expenses.Vol. 46, p. 25.U.S.C., Supp. VII, p. 238.</sidenote>preparing for taking, compiling, and publishing the census of agriculture of the United States for 1935 as provided by law (U.S1C., Supp. VI, title 13, p. 216), including rent tor quarters in and outside the District of Columbia; salaries of employees in the District of Columbia and elsewhere, including temporary employees in the District of Columbia who may be appointed by the Director of the Census under civil-service rules for any period not extending beyond December 31, 1936, at rates of pay to be fixed by the Director of the Census without regard to the provisions of the Classification Act as <sidenote>U.S.C., p. 65; Supp. VII, p. 34.Proviso.Temporary employees, leaves of absence.Personal services.</sidenote>amended: <proviso>Provided, That such temporary employees in the District of Columbia may be allowed leave of absence with pay at the rate of one and one fourth days per month; for the employment by contract of personal services for the preparation of monographs in connection with the census of agriculture; for the compensation of supervisors, supervisors’ clerks, special agents, enumerators, and interpreters, and for the necessary traveling expenses of such field employees and of detailed employees of the Bureau; the purchase of supplies and equipment, including books of reference, periodicals, maps, manuscripts, street-car fares, punch cards, and materials; the purchase, rental, repair, and exchange of typewriters, calculating machines, punching, tabulating, and sorting machines, and other <page identifier="/us/stat/48/552">552</page>office appliances; the construction of punching, tabulating, and sorting machines, including technical, mechanical, and other services in connection therewith, whether in the District of Columbia or elsewhere; purchase and exchange of motor trucks, first-aid outfits, and all other miscellaneous items and necessary expenses not included in the foregoing; printing and binding at the Government Printing Office, $2,270,000, to continue available until December 31, 1936</proviso>. </content> </appropriations> <appropriations level="small"> <heading>bureau of navigation and steamboat inspection</heading><sidenote>Bureau of Navigation and Steamboat Inspection.Departmental salaries.Salaries and expenses.</sidenote> <content>Departmental salaries: For the director and other personal services in the District of Columbia, $96,057. Salaries and general expenses: For salaries of shipping commissioners and employees in their offices; salaries for steamboat inspection as authorized by law, including clerks to boards of steamboat inspectors; to enable the Secretary of Commerce to provide and operate such motor boats and employ such persons (including temporary <sidenote>Enforcement of inspection, etc., laws.</sidenote>employees) as may be necessary for the enforcement, under his direction, of laws relating to navigation and inspection of vessels, boarding of vessels, counting of passengers on excursion boats, and to prevent overcrowding of passenger and excursion boats; to enable <sidenote>Load lines for American vessels.Vol. 45, p. 1492.U.S.C., Supp. VII, p. 953.</sidenote>the Secretary of Commerce to carry out the provisions of the Act entitled “<shortTitle role="act">An Act to establish load lines for American vessels, for other purposes</shortTitle>”, approved March 2, 1929 (U.S.C., Supp. VI, title 46, secs. 85–85g), and to secure uniformity in the admeasurement of vessels, including personal services; fees to witnesses; traveling expenses of the personnel of the bureau and field offices; materials, supplies, equipment, and services, including rent and janitor service; purchase, exchange, and repair of instruments; plans and specifications; insignia, braid, and chin straps; coats, caps, and aprons for stewards’ departments on vessels; and other incidental expenses of field offices, including contract stenographic reporting services <sidenote>R.S., sec. 3709, p. 733.U.S.C., p. 1309.</sidenote>without reference to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5); $1,241,695. </content> </appropriations> <appropriations level="small"> <heading>bureau of standards</heading> <sidenote>Bureau of Standards.Salaries.</sidenote> <content>Salaries: For the director and other personal services in the District of Columbia, $589,090.<sidenote>Equipment.</sidenote> Equipment: For apparatus, machinery, tools, and appliances used in connection with buildings or work of the bureau, typewriters, adding machines, and other labor-saving devices, laboratory supplies, materials, and supplies used in the construction of apparatus, machinery, or other appliances, including their exchange; piping, wiring, and construction incident to the installation of apparatus, machinery, or appliances; furniture for laboratories and offices, cases for apparatus, $50,000, including $17,000 for repairs and necessary alterations to buildings.<sidenote>General expenses.</sidenote> General expenses: For fuel for heat, light, and power; office expenses, stationery, cleaning and toilet supplies, books and periodicals, which may be exchanged when not needed for permanent use; traveling expenses; street-car fares not exceeding $100; expenses of <sidenote>Attendance at meeting of International Committee of Weights and Measures.</sidenote>the visiting committee; expenses of attendance of American member at the meeting of the International Committee of Weights and Measures; purchase of gloves, goggles, rubber boots, and aprons; supplies for operation, maintenance, and repair of motor trucks and a passenger automobile for official use, including their exchange; and contingencies of all kinds, $44,000. <page identifier="/us/stat/48/553">553</page> Improvement and care of grounds: For grading, construction of <sidenote>Improvement, etc., of grounds.</sidenote>roads and walks, piping grounds for water supply, lamps, wiring for lighting purposes, and other expenses incident to the improvement and care of grounds, including foreman and laborers in the District of Columbia, $6,827. Testing structural materials: For continuation of the investigation <sidenote>Structural materials testing.</sidenote>of structural materials, such as stone, clays, cement, and so forth, including personal services in the District of Columbia and in the field, $126,414: <proviso>Provided, That as much of this sum as necessary <sidenote>Proviso.Information showing approved building methods, etc.</sidenote>shall be used to collect and disseminate such scientific, practical, and statistical information as may be procured, showing or tending to show approved methods in building, planning and construction, standardization, and adaptability of structural units, including building materials and codes, economy in the manufacture and utilization of building materials and supplies, and such other matters as may tend to encourage, improve, and cheapen construction and housing</proviso>. Testing machines: For maintenance and operation of testing <sidenote>Testing machines.</sidenote>machines, including personal service in connection therewith in the District of Columbia and in the field, for the determination by the Bureau of Standards of the physical constants and the properties of materials as authorized by law, $26,623. Investigation of fire-resisting properties: For investigation of fire-resisting <sidenote>Investigation of fire-resisting properties of building materials.</sidenote>properties of building materials and conditions under which they may be most efficiently used, and for the standardization of types of appliances for fire prevention, including personal services in the District of Columbia and in the field, $15,318. Investigation of public-utility standards: For investigation of the <sidenote>Public-utility standards.</sidenote>standards of practice and methods of measurements of public utilities, such as gas, electric light, electric power, water, telephone, central station heating, and electric-railway service, and the solution of the problems which arise in connection with standards in such service, including personal services in the District of Columbia and in the field, $46,192. Testing miscellaneous materials: For testing miscellaneous materials, <sidenote>Testing miscellaneous materials.</sidenote>such as varnish materials, soap materials, inks, and chemicals, including supplies for the Government departments and independent establishments, including personal services in the District of Columbia and in the field, as authorized by law, $24,180. Radio research: For investigation and standardization of methods <sidenote>Radio research.</sidenote>and instruments employed in radio communication, including personal services in the District of Columbia and in the field, $43,836. Color standardization: To develop color standards and methods <sidenote>Color standardization.</sidenote>of manufacture and of color measurements, with special reference to their industrial use in standardization and specification of colorants, such as dyestuffs, inks, and pigments, and other products, paint, paper, and textiles, in which color is a pertinent property, including personal services in the District of Columbia and in the field, $7,286. Investigation of clay products: To study methods of measurement <sidenote>Clay products processes.</sidenote>and technical processes used in the manufacture of pottery, brick, tile, terra cotta, and other clay products, and the study of the properties of the materials used in that industry, including personal services in the District of Columbia and in the field, $24,112. Standardizing mechanical appliances: To develop methods of testing <sidenote>Mechanical appliances.Testing mechanical, hydraulic, and aeronautic devices.</sidenote>and standardizing machines, motors, tools, measuring instruments, and other apparatus and devices used in mechanical, hydraulic, and aeronautic engineering; for the comparative study of types of apparatus and methods of operation, and for the establishment of standards of performance; for the accurate determination of <page identifier="/us/stat/48/554">554</page>fundamental physical constants involved in the proper execution of this work; and for the scientific experiments and investigations needed in solving the problems which may arise in connection therewith, especially in response to the requirements of aeronautics and aviation for information of a purely scientific nature, including personal services in the District of Columbia and in the field, $24,179. Optical, etc., glass production problems. Investigation of optical and other types of glass: For the investigation of the problems involved in the production of optical and other types of glass, including personal services in the District of Columbia and in the field, $14,004.<sidenote>Textiles, paper, etc., standardization.</sidenote> Investigation of textiles: To investigate textiles, paper, leather, and rubber in order to develop standards of more durable quality and methods of measurement, including personal services in the District of Columbia and in the field, $29,921.<sidenote>Sugar standardization.</sidenote> Sugar standardization: For the standardization and design of sugar-testing apparatus; the development of technical specifications for the various grades of sugars, especially involving the standardization and manufacture of sugars; for the study of the technical problems incidental to the collection of the revenue on sugar and to determine the fundamental scientific constants of sugars and other <sidenote>Production of rare, etc., types.</sidenote>substances; for the standardization and production of rare and unusual types of sugar’s required for the medical service of the Government departments; and for other technical and scientific purposes, including personal services in the District of Columbia and in the field, $44,118.<sidenote>Gage standardization.</sidenote> Gage standardization: To provide by cooperation of the Bureau of Standards, the War Department, and the Navy Department for the standardization and testing of the standard gages, screw threads, and standards required in manufacturing throughout the United States, and to calibrate and test such standard gages, screw threads, and standards, including necessary equipment and personal services in the District of Columbia and in the field, $24,218.<sidenote>Testing scales used in weighing commodities for interstate shipment.</sidenote> Testing railroad-track, mine, and other scales: For investigation and testing of railroad-track scales, elevator scales, and other scales used in weighing commodities for interstate shipments and to secure equipment and assistance for testing the scales used by the Government in its transactions with the public, such as post-office, navy-yard, and customhouse scales, and for the purpose of cooperating with the States in securing uniformity in the weights and measures laws <sidenote>Mine cars and scales.</sidenote>and in the methods of inspection; for investigating the conditions and methods of use of scales and mine cars used for weighing and measuring coal dug by miners, for the purpose of determining wages due, and of conditions affecting the accuracy of the weighing or measuring of coal at the mines, including personal services in the District of Columbia and in the field, $31,209.<sidenote>High temperature investigations.</sidenote> High temperature investigations: For laboratory and field investigations of suitable methods of high temperature measurements and control in various industrial processes and to assist in making available directly to the industries the results of the Bureau’s investigations in this field, including personal services in the District of Columbia and in the field, $4,563.<sidenote>Metallurgical research.</sidenote> Metallurgical research: For metallurgical research, including alloy steels, foundry practice, and standards for metals and sands; casting, rolling, forging, and the properties of aluminum alloys; prevention of corrosion of metals and alloys; development of metal substitutes, as for platinum; behavior of bearing metals; preparation of metal specifications; investigation of new metallurgical processes and study of methods of conservation in metallurgical manufacture and products; investigation of materials used in the con-<page identifier="/us/stat/48/555">555</page>struction of rails, wheels, axles, and other railway equipment, and the cause of their failure, including personal services in the District of Columbia and in the field, $29,610. Sound investigation: For the investigation of the principles of <sidenote>Sound investigation.</sidenote>sound and their application to military and industrial purposes, including personal services in the District of Columbia and in the field, $5,171. Industrial research: For technical investigations in cooperation <sidenote>Industrial research.</sidenote>with the industries upon fundamental problems involved in industrial development, with a view to assisting in the permanent establishment of new American industries, including personal services in the District of Columbia and elsewhere, $46,104. Standardization of equipment : To enable the Bureau of Standards <sidenote>Standardization of equipment.</sidenote>to cooperate with Government departments, engineers, and manufacturers in the establishment of standards, methods of testing, and inspection of instruments, equipment, tools, and electrical and mechanical devices used in the industries and by the Government, including the practical specifications for quality and performance of such devices, and the formulation of methods of inspection, laboratory, and service tests, including personal services in the District of Columbia and in the field, $82,545. Standard materials: For purchase, preparation, analysis, and <sidenote>Standards for checking chemical analyses.</sidenote>distribution of standard materials to be used in checking chemical analyses in the testing of physical measuring apparatus, including personal services in the District of Columbia and in the field, $5,791. Investigation of radioactive substances and X-rays: For an investigation <sidenote>Radioactive substances and X-ray investigations.</sidenote>of radioactive substances and the methods of their measurements and testing; for investigations relative to the development of standard specifications for X-ray equipment and operation; for the investigation of the hazards of X-ray practice; for the testing and standardization of X-ray protective materials; for the standardization and design of X-ray testing equipment; for the determination of fundamental physical constants essential to X-ray diagnosis and therapy, to X-ray analysis of materials, and to other technical and scientific applications, including personal services in the District of Columbia and in the field, $14,043. Utilization of waste products from the land: For the survey of the <sidenote>Utilization of waste products from the land.</sidenote>possibilities of the industrial utilization of waste products from the land, including cooperation with colleges, other institutions, and manufacturers, including personal services in the District of Columbia and in the field, $24,873: <proviso>Provided, That the Bureau of Standards <sidenote>Proviso. Cooperation with Bureau of Chemistry and Soils.</sidenote>cooperates with the Bureau of Chemistry and Soils, Department of Agriculture, without duplication of work</proviso>. Investigation of automotive engines: For the promotion of <sidenote>Automotive engines investigations.</sidenote>economy and efficiency in automotive transportation by land and by air through investigations of the basic principles underlying the design, performance, operation, and testing of automotive engines, their fuels, lubricants, accessories, and the power-transmitting system used in connection with them, also such elements as brakes and brake linings; to promote economy in the use of liquid fuels and safety in vehicular traffic, including personal services in the District of Columbia and in the field, $22,306. Investigation of dental materials: To investigate the physical <sidenote>Dental materials investigations.</sidenote>and chemical properties of dental materials, including the method of their application and the causes of deterioration of such materials in service, for the purpose of developing standards of quality and standard methods of test, including personal services in the District of Columbia and in the field, $4,204. <page identifier="/us/stat/48/556">556</page><sidenote>Hydraulic laboratory research.</sidenote> Hydraulic laboratory research: For the determination of fundamental data useful in Hydraulic research and engineering, including laboratory research relating to the behavior and control of river and harbor waters, the study of hydraulic structures and water flow, and the development and testing of hydraulic instruments and accessories, including personal services in the District of Columbia and in the field, $26,171.<sidenote>Cooperative work with departments, etc., on scientific investigations.</sidenote> During the fiscal year 1935 the head of any department or independent establishment of the Government having funds available for scientific investigations and requiring cooperative work by the Bureau of Standards on scientific investigations within the scope of the functions of that bureau, and which the Bureau of Standards is unable to perform within the limits of its appropriations, may, with the approval of the Secretary of Commerce, transfer to the Bureau <sidenote>Transfer of funds authorized.</sidenote>of Standards such sums as may be necessary to carry on such investigations. The Secretary of the Treasury shall transfer on the books of the Treasury Department any sums which may be authorized hereunder, and such amounts shall be placed to the credit of the Bureau of Standards for performance of work for the department or establishment from which the transfer is made, including, where necessary, compensation for personal services in the District of Columbia and in the field.<sidenote>Attendance at meetings.</sidenote> Appropriations herein made for the Bureau of Standards shall be available for expenses of attendance at meetings concerned with standardization and research, or either, when incurred on the written authority of the Secretary of Commerce, and for the compensation and expenses of medical officers of the Public Health Service detailed to the Bureau of Standards for the purpose of maintaining a first-aid station and making clinical observations.<sidenote>Services in the District.</sidenote> Total, Bureau of Standards, $1,436,908, of which amount not to exceed $12256,395 may be expended for personal services in the District of Columbia. </content> </appropriations> <appropriations level="small"> <heading>bureau of lighthouses</heading> <sidenote>Bureau of Lighthouses.Salaries.</sidenote> <content>Salaries: For the Commissioner and other personal services in the District of Columbia, $98,523.<sidenote>General expenses.</sidenote> General expenses: For supplies, including replacement of and necessary additions to existing equipment, repairs, maintenance, and incidental expenses of lighthouses and other lights, beacons, buoyage, fog signals, lighting of rivers heretofore authorized to be lighted, light vessels, other aids to navigation, and lighthouse tenders, including the establishment, repair, and improvement of beacons and day marks, and purchase of land for same; establishment of post lights, <sidenote>Oil or carbide houses.Provisos.Limit on construction cost.</sidenote>buoys, submarine signals, and fog signals; establishment of oil or carbide houses, not to exceed $10,000: <proviso>Provided, That any oil or carbide house erected hereunder shall not exceed $1,000 in cost; construction of necessary outbuildings at a cost not exceeding $1,000 at any one light station in any fiscal year; improvement of grounds and buildings <sidenote>Restoring light stations.Limitation on use.</sidenote>connected with light stations and depots; restoring light stations and depots and buildings connected therewith</proviso>: <proviso>Provided further, That such restoration shall be limited to the original purpose of the strictures; wages of persons attending post lights; temporary employees and field force while engaged on works of general repair and maintenance, <sidenote>Rations.</sidenote>and laborers and mechanics at lighthouse depots; rations and provisions or commutation thereof for working parties in the field, officers and crews of light vessels and tenders, and officials and other authorized persons of the Lighthouse Service on duty on board of such tenders or vessels, and money accruing from commutation for <page identifier="/us/stat/48/557">557</page>rations and provisions for the above-named persons on board of tenders and light vessels or in working parties in the field may be paid on proper vouchers to the person having charge of the mess of such vessel or party; not exceeding $2,000 for packing, crating, and <sidenote>Transporting household effects on change of station.</sidenote>transporting personal household effects of employees when transferred from one official station to another for permanent duty; purchase of rubber boots, oilskins, rubber gloves, and coats, caps, and aprons for stewards’ departments on vessels; reimbursement under rules prescribed by the Secretary of Commerce of keepers of light <sidenote>Relief of shipwrecked persons.</sidenote>stations and masters of light vessels and of lighthouse tenders for rations and provisions and clothing furnished shipwrecked persons who may be temporarily provided for by them, not exceeding in all $5,000 in any fiscal year; fuel, light, and’ rent of quarters where necessary for keepers of lighthouses; purchase of land sites for fog <sidenote>Land sites purchase.</sidenote>signals; rent of necessary ground for all such lights and beacons as are for temporary use or to mark changeable channels and which in consequence cannot be made permanent; rent of offices, depots, and wharves; traveling expenses, including travel for the examinations <sidenote>Travel expenses.Vol. 43, p. 1261.U.S.C., p. 1095.</sidenote>authorized by the Act entitled “<shortTitle role="act">An Act to provide for retirement for disability in the Lighthouse Service</shortTitle>”, approved March 4, 1925 (U.S.C., title 33, sec. 765); mileage; library books for light stations and vessels, and technical books and periodicals not exceeding $1,000; traveling expenses of teachers while actually employed by States or private persons to instruct the children of keepers of lighthouses; all <sidenote>Contingent expenses.</sidenote>other contingent expenses of district offices and depots, including the purchase of provisions for sale to lighthouse keepers at isolated stations, and the appropriation reimbursed; purchase at not to exceed $3,600, exchange, maintenance, operation, and repair of motor-propelled passenger-carrying vehicles for official use in field work; payment <sidenote>Paying awards.</sidenote>of rewards for the apprehension and conviction, or for information helpful to the apprehension and conviction of persons found interfering with aids to navigation maintained by the Lighthouse Service, in violation of section 6 of the Act of May 14, 1908 (U.S.C., <sidenote>Vol. 35, p. 162.U.S.C., p. 1094.</sidenote>title 33, sec. 761); $3,752,980</proviso>. Keepers of lighthouses: For salaries of not exceeding one thousand <sidenote>Keepers.</sidenote>eight hundred lighthouse and fog-signal keepers and persons attending lights, exclusive of post lights, $1,621,510. Lighthouse vessels: For salaries and wages of officers and crews <sidenote>Lighthouse vessels.</sidenote>of light vessels and lighthouse tenders, including temporary employment when necessary, $1,958,850. Superintendents, clerks, and so forth: For salaries of eighteen <sidenote>Superintendents, clerks, etc.</sidenote>superintendents of lighthouses, and of assistant superintendents, clerks, draftsmen, and other authorized permanent employees in the district offices and depots of the Lighthouse Service, exclusive of those regularly employed in the office of the Bureau of Lighthouses, District of Columbia, $605,000. Retired pay: For retired pay of officers and employees engaged <sidenote>Retired pay.</sidenote>in the field service or on vessels of the Lighthouse Service, except persons continuously employed in district offices and shops, $480,510. </content> </appropriations> <appropriations level="small"> <heading>coast and geodetic survey</heading> <sidenote>Coast and Geodetic Survey.Expenses.</sidenote> <content>For every expenditure requisite for and incident to the work of the Coast and Geodetic Survey, including maintenance, repair, exchange, and operation of motor-propelled or horse-drawn vehicles for official use in field work, purchase of motor cycles with side cars, including their exchange, not to exceed $1,000, surveying instruments, including their exchange, rubber boots, canvas and rubber gloves, goggles, and caps, coats, and aprons for stewards’ departments on <page identifier="/us/stat/48/558">558</page>vessels, extra compensation at not to exceed $1 per day for each station to employees of the Lighthouse Service and the Weather Bureau while observing tides or currents, services of one tide observer in the District of Columbia at not to exceed $1 per day, and compensation, not otherwise appropriated for, of persons employed in <sidenote>Attendance at meetings.</sidenote>the field work, and for expenses of attendance at meetings concerned with the work of the Coast and Geodetic Survey when incurred on the written authority of the Secretary of Commerce, to be expended in accordance with the regulations relating to the Coast and Geodetic Survey subscribed by the Secretary of Commerce, and under the following heads:<sidenote>Field expenses.Atlantic coast.</sidenote> Field expenses, Atlantic coast: For surveys and necessary resurveys of the Atlantic and Gulf coasts of the United States, including the coasts of outlying islands under the jurisdiction of the United States, and including the employment in the field and office of one physicist to develop survey methods based on transmission of sound <sidenote>Proviso.Islands.</sidenote>through sea water, $105,000: <proviso>Provided, That not more than $35,000 of this amount shall be expended on the coasts of said outlying islands and the Atlantic entrance to the Panama Canal</proviso>;<sidenote>Pacific coast.</sidenote> Pacific coast : For surveys and necessary resurveys of coasts on the Pacific Ocean under the jurisdiction of the United States, and including the employment in the field and office of one physicist to develop survey methods based on transmission of sound through sea water, $144,520;<sidenote>Physical hydrography.</sidenote> Tides, currents, and so forth: For continuing researches in physical hydrography, relating to harbors and bars, and for tidal and current observations on the coasts of the United States, or other coasts under the jurisdiction of the United States, $13,440;<sidenote>Coast Pilot.</sidenote> Coast Pilot: For compilation of the Coast Pilot, including the employment of such pilots and nautical experts, and stenographic help in the field and office as may be necessary for the same, $5,370;<sidenote>Magnetic and seismological observations.</sidenote> Magnetic work: For continuing magnetic and seismological observations and to establish meridian lines in connection therewith in all parts of the United States; making magnetic and seismological observations in other regions under the jurisdiction of the United States; purchase of additional magnetic and seismological instruments; lease of sites where necessary and the erection of temporary magnetic and seismological buildings; and including the employment in the field and office of such magnetic and seismological observers and stenographic services as may be necessary, $35,079;<sidenote>Federal, boundary, and State surveys.</sidenote> Federal, boundary, and State surveys: For continuing lines of exact levels between the Atlantic, Pacific, and Gulf coasts; determining geographic positions by triangulation and traverse for the control of Federal, State, boundary, county, city, and other surveys and engineering works in all parts of the United States; including special geodetic surveys of first-order triangulation and leveling in regions subject to earthquakes, not exceeding $10,000; determining <sidenote>Ukiah and Gaithersburg observatories.</sidenote>field astronomic positions and the variation of latitude, including the maintenance and operation of the latitude observatories at Ukiah, California, and Gaithersburg, Maryland, not exceeding $2,500 each; establishing lines of exact levels, determining geographic positions <sidenote>Alaska.</sidenote>by triangulation and traverse, and making astronomic observations in Alaska; and continuing gravity observations in the United States and for making such observations in regions under the jurisdiction of the United States and also on islands and coasts adjacent thereto, $131,970, of which amount not to exceed $29,300 may be expended for personal services in the District of Columbia;<sidenote>Miscellaneous.</sidenote> For objects not hereinbefore named that may be deemed urgent, including the preparation or purchase of plans and specifications of <page identifier="/us/stat/48/559">559</page>vessels and the employment of such hull draftsmen in the field and office as may be necessary for the same; the reimbursement, under rules prescribed by the Secretary of Commerce, of officers of the <sidenote>Relief of shipwrecked persons, etc.</sidenote>Coast and Geodetic Survey for food, clothing, medicines, and other supplies furnished for the temporary relief of distressed persons in remote localities and to shipwrecked persons temporarily provided for by them, not to exceed a total of $550; actual necessary expenses of officers of the field force temporarily ordered to the office in the District of Columbia for consultation with the director, and not exceeding $1,000 for the expenses of the attendance of representatives <sidenote>Attendance at meetings of International Hydrographic Bureau.</sidenote>of the Coast and Geodetic Survey who may be designated as delegates from the United States at the meetings of the International Hydrographic Bureau, and not exceeding $3,000 for special surveys that may be required by the Bureau of Lighthouses or other proper authority, $3,680; In all, field expenses, $439,059. Vessels: For repairs of vessels, including traveling expenses of <sidenote>Vessels’ repair, etc.</sidenote>persons inspecting the repairs, and exclusive of engineer’s supplies and other ship chandlery, $58,200. For all necessary employees to man and equip the vessels, including <sidenote>Employees.</sidenote>professional seamen serving as mates on vessels of the Survey, to execute the work of the Survey herein provided for and authorized by law, $475,011. Pay, commissioned officers: For pay and allowances prescribed <sidenote>Pay and allowances, commissioned officers.</sidenote>by law for commissioned officers on sea duty and other duty, holding relative rank with officers of the Navy, including one director with relative rank of captain, six hydrographic and geodetic engineers with relative rank of captain, ten hydrographic and geodetic engineers with relative rank of commander, seventeen hydrographic and geodetic engineers with relative rank of lieutenant commander, forty-seven hydrographic and geodetic engineers with relative rank of lieutenant, sixty-one junior hydrographic and geodetic engineers with relative rank of lieutenant (junior grade), twenty-nine aides with relative rank of ensign, and including officers retired in accordance with existing law, $624,991 : <proviso>Provided, That the Secretary of <sidenote>Proviso.Assistant director.</sidenote>Commerce may designate one of the hydrographic and geodetic engineers to act as assistant director</proviso>. Office force: For personal services, $478,800.<sidenote>Office force.</sidenote> Office expenses : For purchase of new instruments (except surveying <sidenote>Office expenses.</sidenote>instruments), including their exchange, materials, equipment, and supplies required in the instrument shop, carpenter shop, and chart division; books, scientific and technical books, journals, books of reference, maps, charts, and subscriptions; copper plates, chart paper, printer’s ink, copper, zinc, and chemicals tor electrotyping and photographing; engraving, printing, photographing, rubber gloves, and electrotyping supplies; photolithographing and printing charts for immediate use; stationery for office and field parties; transportation of instruments and supplies when not charged to party expenses; telegrams; washing; office furniture, repairs; traveling expenses of officers and others employed in the office sent on special duty in the service of the office: miscellaneous expenses, contingencies of all kinds, not exceeding $90 for street-car fares, $50,000. Appropriations herein made for the Coast and Geodetic Survey <sidenote>Subsistence restrictions.</sidenote>shall not be available for allowance to civilian or other officers for subsistence while on duty at Washington (except as hereinbefore provided for officers of the field force ordered to Washington for short periods for consultation with the director), except as now provided by law. <page identifier="/us/stat/48/560">560</page><sidenote>Application of airplane to field work.</sidenote> Appropriations herein made for the field expenses of the Coast and Geodetic Survey shall be available for expenditures in the application of the airplane to the field work of the Coast and <sidenote>Photographic apparatus.</sidenote>Geodetic Survey, and not to exceed a total of $25,000 of said appropriations shall be available for the purchase or construction of cameras and other photographic apparatus, for equipment, except airplanes, and for employment of personnel in the field and office in connection with such work. </content> </appropriations> <appropriations level="small"> <heading>bureau of fisheries</heading> <sidenote>Bureau of Fisheries.Commissioner and office personnel.</sidenote> <content>Commissioner’s office: For the commissioner and other personal services in the District of Columbia, $136,600.<sidenote>Propagation of food fishes.</sidenote> Propagation of food fishes: For maintenance, repair, alteration, improvement, equipment, and operation of fish-cultural stations, general propagation of food fishes and their distribution, including movement, maintenance, and repairs of cars, purchase of equipment (including rubber boots and oilskins) and apparatus, contingent expenses, pay of permanent employees not to exceed $353,110, temporary labor, and not to exceed $10,000 for propagation and distribution of fresh-water mussels and the necessary expenses connected therewith, and not to exceed $10,000 for the purchase, collection, and transportation of specimens and other expenses incidental to the maintenance and operation of aquarium, of which not to exceed $4,500 may be expended for personal services in the District of Columbia, $560,950.<sidenote>Vessels’ maintenance.</sidenote> Maintenance of vessels: For maintenance and operation of vessels and launches, including purchase and repair of boats, apparatus, machinery, and other facilities required for use with the same, hire of vessels, temporary employees, and all other necessary expenses in connection therewith, including not to exceed $1,000 for the purchase of plans and specifications for vessels or for contract personal services for the preparation thereof, and money accruing from commutation of rations and provisions on board vessels may be paid on proper vouchers to the persons having charge of the mess of such vessels, $135,380, of which not to exceed $4,420 may be expended for pay of officers and employees of vessels of the Atlantic coast and not to exceed $67,500 for pay of officers and crews of vessels for the <sidenote>Alaska service.Supplies, etc., to Pribilof Islands.</sidenote>Alaska Fisheries Service, and $10,000 shall be immediately available for the procurement of supplies and equipment required for shipment to the Pribilof Islands for the service of the fiscal year 1935.<sidenote>Commutation of rations.</sidenote> Commutation of rations (not to exceed $1 per day) may be paid to officers and crews of vessels of the Bureau of Fisheries during the fiscal year 1935 under regulations prescribed by the Secretary of Commerce.<sidenote>Food fishes inquiry.</sidenote> Inquiry respecting food fishes: For inquiry into the cause of the decrease of food fishes in the waters of the United States, and for investigation and experiments in respect to the aquatic animals, plants, and waters, and screening of irrigation ditches in fishways, in the interests of fish culture and the fishery industries, including pay of permanent employees not to exceed $93,570, temporary employees, maintenance, repair, improvement, equipment, and operations of biological stations, expenses of travel and preparation of reports, $127,074.<sidenote>Fishery industries.Statistical studies.</sidenote> Fishery industries: For collection and compilation of statistics of the fisheries and the study of their methods and relations, and the methods of preservation and utilization of fishery products, including pay of permanent employees not to exceed $24,270, compensation of temporary employees, travel and preparation of reports, including <page identifier="/us/stat/48/561">561</page>temporary employees in the District of Columbia not to exceed $1,800, and all other necessary expenses in connection therewith, including the purchase (not to exceed $500), exchange, maintenance, repair, and operation of motor-propelled passenger-carrying vehicles for official use in the field work of the Bureau of Fisheries, $57,125. Alaska, general service: For protecting the seal fisheries of Alaska, <sidenote>Alaska.Seal fisheries protection.</sidenote>including the furnishing of food, fuel, clothing, and other necessities of life to the natives of the Pribilof Islands of Alaska; not exceeding $20,000 for construction, improvement, repair, and alteration of buildings and roads, transportation of supplies to and from the islands, expenses of travel of agents and other employees and subsistence while on said islands, hire and maintenance of vessels, purchase of sea otters, and for all expenses necessary to carry out the provisions of the Act entitled “<shortTitle role="act">An Act to protect the seal fisheries of <sidenote>Vol. 36, p. 326.U.S.C., p. 431.</sidenote>Alaska, and for other purposes</shortTitle>”, approved April 21, 1910 (U.S.C., title 16, secs. 631–658), and for the protection of the fisheries of Alaska, including pay of permanent employees not to exceed $62,920, contract stenographic reporting service, travel of employees while on duty in Alaska, hire of Boats, employment of temporary labor, and all other necessary expenses connected therewith, $245,693, of which $100 000 shall be immediately available. Enforcement of black bass law: To enable the Secretary of Commerce <sidenote>Black bass law.Enforcement.Vol. 44, p. 576; Vol. 46, p. 845.U.S.C., Supp. VII, p. 343.</sidenote>to carry into effect the Act entitled “<shortTitle role="act">An Act to amend the Act entitled ‘An Act to regulate interstate transportation of black bass, and for other purposes ’, approved May 20, 1926</shortTitle>” (U.S.C., Supp. VI, title 16, secs. 851–856), approved July 2, 1930 (46 Stat., pp. 845–847), $13,715, of which not to exceed $1,620 may be expended for personal services in the District of Columbia. Mississippi Wild Life and Fish Refuge: For construction of buildings, <sidenote>Mississippi Wild Life and Fish Refuge.Construction, maintenance, etc., expenses.Vol. 43, p. 650.U.S.C., p. 437.</sidenote>boats, and ponds, for purchase of equipment, including boats, for maintenance, operation, repair, and improvements, including expenditures for personal services at the seat of government and elsewhere as may be necessary, as authorized in the Act approved June 7, 1924 (U.S.C., title 16, secs. 721–731), $15,000. Not to exceed $1,000 of the appropriations herein made for the <sidenote>Attendance at meetings.</sidenote>Bureau of Fisheries shall be available for expenses of attendance at meetings concerned with the work of said Bureau when incurred on the written authority of the Secretary of Commerce, and not to exceed $1,500 shall be available for the rental of suitable quarters in the District of Columbia for laboratory and storage purposes. </content> </appropriations> <appropriations level="small"> <heading>patent office</heading> <sidenote>Patent Office.</sidenote> <content>The following sums are appropriated for the Patent Office for the <sidenote>Sums available from revenues.Vol. 46, p. 156.U.S.C., Supp. VII, p. 819.</sidenote>fiscal year ending June 30, 1935, out of the revenues of such office in conformity with section 5 of the Act approved April 11, 1930 (U.S.C., Supp. VI. title 35, sec. 22), to the extent that such revenues are sufficient therefor and any remainder out of the general fund of the Treasury, namely: Salaries: For the Commissioner of Patents and other personal <sidenote>Salaries, Commissioner and office personnel.Proviso.Temporary typists.</sidenote>services in the District of Columbia, $2,921,931: <proviso>Provided, That of the amount herein appropriated not to exceed $25,000 may be used for special and temporary services of typists certified by the Civil Service Commission, who may be employed in such numbers, at $4 per diem, as may, in the judgment of the Commissioner of Patents, be necessary to keep current the work of furnishing manuscript copies of records</proviso>. <page identifier="/us/stat/48/562">562</page><sidenote>Reference books, etc.</sidenote> For purchase of law, professional, and other reference books and publications and scientific books, including their exchange, and expenses of transporting publications of patents issued by the Patent Office to foreign governments, directories, and for other contingent and miscellaneous expenses of the Patent Office, $30,000.<sidenote>Weekly issue of patent drawings, etc.</sidenote> For producing copies of weekly issue of drawings of patents and designs; reproduction of copies of drawings and specifications of exhausted patents, designs, trade-marks, and other papers, such other papers when reproduced for sale to be sold at not less than cost plus 10 per centum; reproduction of foreign patent drawings; photo prints of pending application drawings; and photostat and photographic supplies and dry mounts, $205,000.<sidenote>Multigraphed headings.</sidenote> The headings of the drawings for patented cases may be multigraphed in the Patent Office for the purpose of photolithography.<sidenote>Investigating prior use of inventions.</sidenote> For investigating the question of public use or sale of inventions for two years or more prior to filing applications for patents, and such other questions arising in connection with applications for patents and the prior art as may be deemed necessary by the <sidenote>Defense of suits.</sidenote>Commissioner of Patents; for expense attending defense of suits instituted against the Commissioner of Patents, $300, and for expenses of attendance at meetings concerned with the work of the Patent Office when incurred on the written authority of the Secretary of Commerce.<sidenote>Furniture, etc.</sidenote> For furniture and filing cases, $13,000.<sidenote>Printing and binding.</sidenote> For printing the weekly issue of patents, designs, trade-marks, prints, and labels, exclusive of illustrations; and for printing, engraving illustrations, and binding the Official Gazette, including weekly and annual indices, $850,000; for miscellaneous printing and binding. $50,000; in all, $900,000. </content> </appropriations> <appropriations level="small"> <heading>bureau of mines</heading> <sidenote>Bureau of Mines.Salaries and general expenses.</sidenote> <content>Salaries and general expenses: For general expenses, including pay of the director and necessary assistants, clerks, and other employees, in the office in the District of Columbia, and in the field, and every other expense requisite for and incident to the general work of the bureau in the District of Columbia, and in the field, to be expended under the direction of the Secretary of Commerce, $48,108, of which amount not to exceed $45,000 may be expended for personal services in the District of Columbia.<sidenote>Mine rescue cars and stations.Investigations.</sidenote> Operating mine rescue cars and stations and investigation of mine accidents: For the investigation and improvement of mine rescue and first-aid methods and appliances and the teaching of mine safety, rescue, and first-aid methods; investigations as to the causes of mine explosions, causes of falls of roof and coal, methods of mining, especially in relation to the safety of miners, the appliances best adapted to prevent accidents, the possible improvement of conditions under which mining operations are carried on, the use of explosives and electricity, the prevention of accidents, statistical studies and reports relating to mine accidents, and other inquiries and technologic investigations pertinent to the mining industry; the exchange in part payment for operation, maintenance, and repair of mine rescue trucks; the construction of temporary structures and the repair, maintenance, and operation of mines rescue cars and Government-owned mine rescue stations and appurtenances thereto; personal services, traveling expenses and subsistence, equipment, and supplies; <sidenote>Attendance at meetings.</sidenote>travel and subsistence, and other incidental expenses of employees in attendance at meetings and conferences held for the purpose of promoting safety and health in the mining and allied industries;<page identifier="/us/stat/48/563">563</page>purchase not exceeding $5,000, exchange as part payment for, operation, maintenance, and repair of motor-propelled passenger-carrying vehicles for official use in field work; purchase and exchange in part payment therefor of cooks’ uniforms, goggles, gloves, rubber boots, aprons, and such other articles or equipment as may be necessary in connection with the purposes of this paragraph; including not to exceed $72,000 for personal services in the District of Columbia, $452,000: <proviso>Provided, That of this amount not to exceed $500 may be <sidenote>Proviso.Rescue trophies.</sidenote>expended for the purchase and bestowal of trophies in connection with mine rescue and first-aid contests</proviso>; Mining investigations in Alaska: For investigations and the dissemination <sidenote>Mining investigations in Alaska.</sidenote>of information with a view to improving conditions in the mining, quarrying, and metallurgical industries as provided in the Act authorizing additional mining experiment stations, approved <sidenote>Vol. 38, p. 959.U.S.C., p. 953.</sidenote>March 3, 1915 (U.S.C., title 30, sec. 8), and to provide for the inspection of mines and the protection of the lives of miners in the Territory of Alaska, including personal services, equipment, supplies, and expenses of travel and subsistence, $6,173. Testing fuel: To conduct inquiries and scientific and technologic <sidenote>Testing fuel.</sidenote>investigations concerning the mining, preparation, treatment, and use of mineral fuels, and for investigation of mineral fuels belonging to or for the use of the United States, with a view to their most efficient utilization; to recommend to various departments such changes in selection and use of fuel as may result in greater economy, and. upon request of the Director of the Bureau of the Budget, to investigate the fuel-burning equipment in use by or proposed for any of the departments, establishments, or institutions of the United States in the District of Columbia, $97,828 of which amount not to exceed $25,400 may be expended for personal services in the District of Columbia. Mineral mining investigations: For inquiries and scientific and <sidenote>Mineral mining investigations.</sidenote>technologic investigations concerning the mining, preparation, treatment, and utilization of ores and mineral substances, other than fuels, with a view to improving health conditions and increasing safety, efficiency, economic development, and conserving resources through the prevention of waste in the mining, quarrying, metallurgical, and other mineral industries; to inquire into the economic conditions affecting these industries; and including all equipment, supplies, expenses of travel and subsistence, and the purchase, not to exceed $2,500, including exchange, operation, maintenance, and repair of motor-propelled passenger-carrying vehicles for official use in field work, including not to exceed $14,040 for personal services in the District of Columbia, $85,974: <proviso>Provided, That no part of this <sidenote>Proviso.Private work prohibited.</sidenote>appropriation may be expended for an investigation in behalf of any private party</proviso>. Oil and gas investigations: For inquiries and investigations and <sidenote>Oil and gas investigations.</sidenote>dissemination of information concerning the mining, preparation, treatment, and utilization of petroleum and natural gas, including economic conditions affecting the industry, with a view to economic development and conserving resources through the prevention of waste; for the purchase of newspapers relating to the oil, gas, and allied industries: <proviso>Provided, That section 192 of the Revised Statutes <sidenote>Proviso.Purchase of newspapers.R.S., sec. 192. p. 30.U.S.C., p. 35.</sidenote>(U.S.C., title 5, sec. 102) shall not apply to such purchase of newspapers from this appropriation; and for every other expense incident thereto, including supplies, equipment, expenses of travel and subsistence, purchase, not to exceed $7,000, exchange as part payment for, maintenance, and operation of motor-propelled passenger-carrying vehicles for official use in field work, purchase of laboratory gloves, goggles, rubber boots and aprons, $111,766. of which amount <page identifier="/us/stat/48/564">564</page>not to exceed $15,750 may be expended for personal services in the District of Columbia</proviso>;<sidenote>Mining experiment stations.</sidenote> Mining experiment stations: For the employment of personal services, purchase of laboratory gloves, goggles, rubber boots and aprons, the purchase not to exceed $3,000, exchange as part payment for, maintenance and operation of motor-propelled passenger-carrying vehicles for official use in field work, and all other expenses in connection with the establishment, maintenance, and operation of <sidenote>Vol. 38, p. 959.U.S.C., p. 953.</sidenote>mining experiment stations, as provided in the Act authorizing additional mining experiment stations, approved March 3, 1915 (U.S.C., title 30, sec. 8), $127,036, of which amount not to exceed $11,800 may be expended for personal services in the District of Columbia;<sidenote>Pittsburgh, Pa., station.</sidenote> Buildings and grounds, Pittsburgh, Pennsylvania: For care and maintenance of buildings and grounds at Pittsburgh and Bruceton, Pennsylvania, including personal services, the purchase, exchange as part payment for, operation, maintenance, and repair of passenger automobiles for official use, and all other expenses requisite for and incident thereto, including not to exceed $5,000 for additions and improvements, $61,908.<sidenote>Temporary detail from field service.</sidenote> Persons employed during the fiscal year 1935 in field work outside of the District of Columbia under the Bureau of Mines may be detailed temporarily for service in the District of Columbia for purposes of preparing results of their field work; all persons so detailed shall be paid in addition to their regular compensation only traveling expenses in going to and returning therefrom: <proviso>Provided, <sidenote>Proviso.Payment of expenses.</sidenote>That nothing herein shall prevent the payment to employees of the Bureau of Mines of their necessary expenses, or per diem in lieu of subsistence, while on temporary detail in the District of Columbia for purposes only of consultation or investigations on behalf of the United States. All details made hereinunder, and the purposes <sidenote>Report to Congress.</sidenote>of each, during the preceding fiscal year shall be reported in the annual estimates of appropriations to Congress at the beginning of each regular session thereof</proviso>;<sidenote>Details from Public Health Service.</sidenote> The Secretary of the Treasury may detail medical officers of the Public Health Service for cooperative health, safety, or sanitation work with the Bureau of Mines, and the compensation and expenses of the officers so detailed may be paid from the applicable appropriations made herein for the Bureau of Mines;<sidenote>Helium production and investigations.</sidenote> Helium production and investigations: The sums made available for the fiscal year 1935 in the Acts making appropriations for the War and Navy Departments for the acquisition of helium from the Bureau of Mines, if their transfer to such Bureau is not required by such Acts, shall be advanced from time to time upon requisition by the Secretary of Commerce in such amounts as may be determined by the President not in excess of the sums needed for the economical and efficient operation and maintenance of the plants for the production of helium for military and/or naval purposes, including purchase, not to exceed $2,500, and exchange as part payment for, maintenance, operation, and repair of motor-propelled passenger-carrying vehicles for official use in field work, and all other necessary expenses, $10,100 for personal services in the District of Columbia;<sidenote>Helium plants.Purchase, etc., of.</sidenote> Helium plants: For helium production and conservation, including acquisition of helium-bearing gas land or wells by purchase, exchange, lease, or condemnation, or interest in such land or wells, the purchase, lease, construction, or modification of plants, pipe lines and accessories, compressor stations, camp buildings, and other facilities for the production, transportation, storage, and purification of helium and helium-bearing gas, including acquisition of <page identifier="/us/stat/48/565">565</page>sites and rights-of-way therefor, by purchase, lease, or condemnation, and including supplies and equipment, expenses of travel and subsistence, maintenance and operation of motor-propelled passenger-carrying vehicles for official use in field work, and all other necessary expenses, including not to exceed $6,560 for personal serv ices in the District of Columbia, and including the payment of <sidenote>Balances available.Vol. 46, p. 1350.Vol. 47, p. 1407.</sidenote>obligations incurred under the contract authorization carried under this heading in the Department of Commerce Appropriation Act for the fiscal year 1932, not to exceed $50,000 of the unexpended balances in the appropriation “ Helium Plants, Bureau of Mines, 1934 ”, is hereby continued available for the fiscal year 1935: <proviso>Provided, That <sidenote>Proviso.Approval of President required.Leases, etc.</sidenote>no part of the appropriation herein made may be expended except with the approval of the President</proviso>: <proviso>Provided further, That the acquirement of leases, sites, and rights-of-way under terms customary in the oil and gas industry, including obligations to pay rental in advance and to pay damages to lands, crops, or structures arising out of the Government’s operations is authorized</proviso>: <proviso>Provided further, That should valuable products other than helium-bearing gas be discovered <sidenote>Disposal of valuable products.</sidenote>in wells acquired or drilled for helium-bearing gas under this appropriation the Secretary of Commerce is authorized to provide for the disposal of said wells or the products therefrom, by the contracts under which the property is acquired, or otherwise, in accordance with the interests of the Government therein and in the manner which, in his opinion, is most advantageous to the Government</proviso>; Economics of mineral industries: For inquiries and investigations, <sidenote>Economics of mineral industries.Investigations, etc.</sidenote> and the dissemination of information concerning the economic problems of the mining, quarrying, metallurgical, and other mineral industries, with a view to assuring ample supplies and efficient distribution of the mineral products of the mines and quarries, including studies and reports relating to uses, reserves, production, <sidenote>Reports.</sidenote>distribution, stocks, consumption, prices, and marketing of mineral commodities anti primary products thereof; preparation of the reports of the mineral resources of the United States, including <sidenote>Statistical Inquiries.</sidenote>special statistical inquiries; and including personal services in the District of Columbia and elsewhere; purchase of furniture and equipment; stationery and supplies; typewriting, adding, and computing machines, accessories and repairs; newspapers; traveling expenses; purchase, not exceeding $1,200, exchange as part payment for, operation, maintenance, and repair of motor-propelled passenger-carrying vehicles for official use in field work; and for all other necessary expenses not included in the foregoing; of which amount not to exceed $162,210 may be expended for personal services in the District of Columbia; $207,133. During the fiscal year 1935 the head of any department or independent <sidenote>Scientific investigations for departments, etc.</sidenote>establishment of the Government having funds available for scientific investigations and requiring cooperative work by the Bureau of Mines on scientific investigations within the scope of the functions of that Bureau and which it is unable to perform within the limits of its appropriations may, with the approval of the Secretary of Commerce, transfer to the Bureau of Mines such sums as may be necessary to carry on such investigations. The Secretary of the Treasury shall transfer on the books of the Treasury Department any sums which may be authorized hereunder, and such amounts shall be placed to the credit of the Bureau of Mines for the performance of work for the department or establishment from which the transfer is made: <proviso>Provided, That any sums transferred by any <sidenote>Proviso.Expenditure of transferred funds.</sidenote>department or independent establishment of the Government to the Bureau of Mines for cooperative work in connection with this appro-<page identifier="/us/stat/48/566">566</page>priation may be expended in the same manner as sums appropriated herein may be expended</proviso>;<sidenote>Minor purchases without advertising.</sidenote> The purchase of supplies and equipment or the procurement of services for the Bureau of Mines, at the seat of government, as well as in the field outside of the District of Columbia, may be made in open market without compliance with section 3709 or the Revised <sidenote>R.S., sec. 3709, p. 733.U.S.C., p. 1309.</sidenote>Statutes (U.S.C., title 41, sec. 5) of the United States, in the manner common among business men, when the aggregate amount of the purchase or the service does not exceed $100 in any instance;<sidenote>Scientific books, purchase.</sidenote> For the purchase or exchange of professional and scientific books, law books, and books to complete broken sets, periodicals, directories, and other books of reference relating to the business of the Bureau of Mines, there is hereby made available from any appropriation made for such bureau not to exceed $2,500;<sidenote>Attendance at meetings.</sidenote> For necessary traveling expenses of the director and employees of the bureau, acting under his direction, for attendance upon meetings of technical, professional, and scientific societies, when required in connection with the authorized work of the Bureau of Mines and incurred on the written authority of the Secretary of Commerce, there is hereby made available from any appropriations made to the Bureau of Mines not to exceed in all $1,000; Total, Bureau of Mines, $1,197,920. </content> </appropriations> <appropriations level="small"> <heading>united states shipping board bureau</heading> <sidenote>United States ShippingBoard Bureau.Salaries and expenses.Vol. 41, p. 989.U.S.C., p. 1530; Supp. VII, p. 961.Ante, p. 298.</sidenote> <content>Salaries and expenses: To carry out the provisions of the Shipping Act, 1916, as amended, and the Merchant Marine Acts of 1920 and 1928, as amended (U.S.C., title 46, secs. 804, 805, 861–889; Supp. VI. title 46, secs. 891–891x, Act of June 16, 1933, 48 Stat., 298; Executive Order numbered 6166, June 10, 1933), including the compensation of attorneys, officers, naval architects, special experts, examiners, and clerks, one technical expert in connection with construction loan fund, at not to exceed $10,000 per annum, and other employees in the District of Columbia and elsewhere; and for other expenses of <sidenote>Rent.Travel expenses.</sidenote>The Bureau, including the rental of quarters outside the District of Columbia, traveling expenses of employees of the Bureau, while upon official business away from their designated posts of duty, including attendance at meetings or conventions of members of any society or association, the purpose of which is of interest to the development and maintenance of an American merchant marine, when incurred on the written authority of the Secretary of Commerce, and for the employment by contract of expert stenographic reporters for its official reporting work, $219,216, of which amount not to exceed $205 957 may be expended for personal services in the <sidenote>Provisos.Statement to accompany annual estimates.</sidenote>District of Columbia: <proviso>Provided, That the annual estimates of the Shipping Board Bureau for the fiscal year 1936 shall be accompanied by a statement showing the number and compensation of employees of the Fleet Corporation assigned to that Bureau</proviso>: <proviso>Provided further, <sidenote>Salaries of employees assigned from Merchant Fleet Corporation.U.S.C., p. 65; Supp. VII, p. 34.</sidenote>That employees of the Merchant Fleet Corporation assigned to and serving with the Shipping Board Bureau whose compensation is within the range of salary prescribed for the appropriate grade to which the position has been allocated under the Classification Act of 1923, as amended, shall not be subject to reduction in salary by reason of their transfer during the fiscal year 1935 to the pay roll of the Bureau</proviso>.<sidenote>Shipping fund.Expenses of Shipping Board.</sidenote> Shipping fund: For expenses of the United States Shipping Board Merchant Fleet Corporation during the fiscal year ending June 30, 1935, for administrative purposes, including the salaries of employees (not to exceed $316,000) of the Fleet Corporation assigned to the <page identifier="/us/stat/48/567">567</page>Shipping Board Bureau, miscellaneous adjustments, losses due to the maintenance and operation of ships, including operation through an agreement to pay a lump-sum compensation, for the protection of the interests of the United States in any vessel on which the United States holds a mortgage, for the repair of ships, for the purchase, exchange, maintenance, repair, and operation of motor vehicles for official purposes only; for the payment of premiums for liability, fire, theft, property damage, and collision insurance and for other forms of insurance, including schedule and fidelity bonds, commonly carried by commercial corporations engaged in the same or a similar business, and for carrying out the provisions of the Merchant Marine <sidenote>Vol. 41, p. 988.</sidenote>Act, 1920, and amendments thereto, (a) the amount of operating funds on hand July 1, 1934; (b) all amounts received during the fiscal year ending June 30, 1935, other than the proceeds of sales of ships and surplus property; (c) so much of the total proceeds of sales of ships and surplus property received during the fiscal year 1935, but not exceeding $750,000, as is necessary to meet the expenses of liquidation, including the costs incident to the delivery of vessels to purchasers, the cost of maintaining the laid-up fleet and the salaries and expenses of the personnel engaged in liquidation: <proviso>Provided, That <sidenote>Proviso.Restriction on expenditure.</sidenote>no part of these sums, (a), (b), and (c) snail be used for the payment of claims arising out of the construction and requisitioning of vessels</proviso>. That portion of the special claims appropriation contained in the <sidenote>Special claims appropriation.Vol. 42, p. 647.</sidenote>Independent Offices Appropriation Act for the fiscal year 1923 committed prior to July 1, 1923, and remaining unexpended on June 30, 1934, shall continue available until June 30, 1935, for the same purposes and under the same conditions. To enable the United States Shipping Board Merchant Fleet <sidenote>Operation of ships.</sidenote>Corporation to operate ships or lines of ships which have been or may be taken back from purchasers by reason of competition or other methods employed by foreign shipowners or operators, there is hereby reappropriated the unexpended balance of the appropriation <sidenote>Vol. 44, p. 318.Proviso.Approval of President.</sidenote>of $10,000,000 made for similar purposes in the Independent Offices Appropriation Act for the fiscal year 1927: <proviso>Provided, That no expenditure shall be made for the purposes of this paragraph from this sum without the prior approval of the President of the United States</proviso>. No part of the sums appropriated in this Act shall be used to <sidenote>Attorneys.Approval of contract of employment.</sidenote>pay the compensation of any attorney, regular or special, for the United States Shipping Board Bureau or the United States Shipping Board Merchant Fleet Corporation unless the contract of employment has been approved by the Attorney General of the United States. No part of the funds of the United States Shipping Board Merchant <sidenote>Restriction on rent payments.</sidenote>Fleet Corporation shall be available for the rent of buildings in the District of Columbia during the fiscal year 1935 if suitable space is provided for said corporation by the Office of National Parks, Buildings, and Reservations of the Department of the Interior. No part of the funds of the United States Shipping Board Merchant <sidenote>On purchase of fuel oil of foreign production.</sidenote>Fleet Corporation shall be available during the fiscal year 1935 for the purchase of any kind of fuel oil of foreign production for issue, delivery, or sale to ships at points either m the United States or its possessions, where oil of the production of the United States or its possessions is available, if the cost of such oil compared with foreign-oil costs be not unreasonable. <page identifier="/us/stat/48/568">568</page><sidenote>Compensation of attorneys.</sidenote> Of the sums herein made available under the United States Shipping Board Bureau, not to exceed an aggregate of $150,000 shall be expended for compensation of regular attorneys employed on a yearly salary basis, including their clerical and legal assistants.<sidenote>Short title.</sidenote> This title may be cited as the “<shortTitle role="title">Department of Commerce Appropriation Act, 1935.</shortTitle>” </content> </appropriations> <num class="centered" value="IV">TITLE IV—</num><heading class="centered">DEPARTMENT OF LABOR</heading> <sidenote>Department of Labor.</sidenote> <appropriations level="small"> <heading>office of the secretary</heading> <sidenote>Office of the Secretary.Salaries.</sidenote> <content>Salaries: Secretary of Labor, Assistant Secretary, Second Assistant Secretary, and other personal services in the District of Columbia, $210,500.<sidenote>Promotion of health, safety, employment, etc.</sidenote> Promotion of health, safety, employment, etc.: For salaries and expenses in connection with the promotion of health, safety, employment stabilization, and amicable industrial relations for labor and industry, $73,685, of which amount not to exceed $56,825 may be expended for personal services in the District of Columbia.<sidenote>Contingent expenses.</sidenote> Contingent expenses: For contingent and miscellaneous expenses of the offices and bureaus of the Department, for which appropriations for contingent and miscellaneous expenses are not specifically made, including the purchase of stationery, furniture, and repairs to the same, carpets, matting, oil-cloths, file cases, towels, ice, brooms, soap, sponges, laundry, street-car fares not exceeding $200; lighting and heating; purchase, exchange, maintenance, and repair of motorcycles and motor trucks; maintenance, operation, and repair of a motor-propelled passenger-carrying vehicle, to be used only for official purposes; freight and express charges; newspaper clippings not to exceed $1,800, postage to foreign countries, telegraph and telephone service, typewriters, adding machines, and other laborsaving devices; purchase of law books, books of reference, newspapers, and periodicals, not exceeding $5,150; in all, $53,000; and in addition thereto such sum as may be necessary, not in excess of $25,000, to facilitate the purchase, through the central purchasing <sidenote>Vol. 36, p. 531.U.S.C., p. 1309.</sidenote>office as provided in the Act approved June 17, 1910 (U.S.C., title 41, sec. 7), of certain supplies for the Immigration Service, shall be deducted from the appropriation “ Salaries and expenses, Immigration and Naturalization Service ”, made for the fiscal year 1935 and added to the appropriation “ Contingent expenses, Department of Labor ”, for that year; and the total sum thereof shall be and constitute the appropriation for contingent expenses for the Department of Labor, to be expended through the central purchasing office (Division <sidenote>Proviso.Minor purchases without advertising.R.S., sec. 3709, p. 733.U.S.C., p. 1309.</sidenote>of Publications and Supplies), Department of Labor: <proviso>Provided, That section 3709 of the Revised Statutes of the United States (U.S.C., title 41, sec. 5) shall not be construed to apply to any purchase or service rendered for the Department of Labor when the aggregate amount involved does not exceed the sum of $50</proviso>.<sidenote>Printing and binding.</sidenote> Printing and binding: For printing and binding for the Department of Labor, including all its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, $169,000.<sidenote>Commissioners of conciliation.</sidenote> Commissioners of conciliation: To enable the Secretary of Labor to exercise the authority vested in him by section 8 of the Act creating <sidenote>Vol. 37, p. 738.U.S.C., p. 62.</sidenote>the Department of Labor (U.S.C., title 5, sec. 611) and to appoint commissioners of conciliation, traveling expenses, telegraph and telephone service, and not to exceed $14,635 for personal services in the District of Columbia, $185,630. </content> </appropriations> <page identifier="/us/stat/48/569">569</page> <appropriations level="small"> <heading>bureau of labor statistics</heading><sidenote>Bureau of Labor Statistics.</sidenote> <content>Salaries and expenses: For personal services, including temporary <sidenote>Commissioner and office personnel.</sidenote>statistical clerks, stenographers and typewriters in the District of Columbia, and including also experts and temporary assistants for field service outside of the District of Columbia; traveling expenses, including expenses of attendance at meetings concerned with the work of the Bureau of Labor Statistics when incurred on the written authority of the Secretary of Labor; purchase of periodicals, documents, envelops, price quotations, and reports and materials for reports and bulletins of said bureau, $528,000, of which amount not to exceed $385,000 may be expended for the salary of the Commissioner and other personal services in the District of Columbia. Investigation of cost of living in the United States: For personal services, including temporary statistical clerks, stenographers, and typewriters in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; telegraph and telephone service; rent of tabulating machines; and any other necessary expense in connection with the conduct of the study and printing the report, $140,720. </content> </appropriations> <appropriations level="small"> <heading>immigration and naturalization service</heading><sidenote>Immigration and Naturalization Service.</sidenote> <content>Salaries and expenses: For enforcement of the laws regulating <sidenote>Salaries and expenses.</sidenote>the immigration to, the residence in, and the exclusion and deportation from the United States of aliens, and persons subject to the Chinese exclusion laws; for enforcement of the laws authorizing a uniform rule for the naturalization of aliens; salaries, transportation. traveling, and other expenses of officers, clerks, and other employees appointed to enforce said laws; care, detention, maintenance, transportation, and traveling expenses incident to the deportation <sidenote>Deportation, etc., of aliens.</sidenote>and exclusion of aliens, and persons subject to the Chinese exclusion laws, as authorized by law, in the United States and to, through, or in foreign countries; purchase of supplies and equipment, including alterations and repairs; purchase, exchange, operation, maintenance, and repair of motor-propelled vehicles, including passenger-carrying vehicles for official use in field work; cost of reports of decisions of the Federal courts and digests thereof for official use; verifications of legal papers; refunding of head tax, maintenance bills, immigration fines, registry fees, reentry permit fees, and naturalization fees, upon presentation of evidence showing conclusively that collection and deposit was made through error; mileage and fees to witnesses subpenaed on behalf of the United <sidenote>Witness fees.</sidenote>States, and for all other expenses necessary to enforce said laws $8,460,000, all to be expended under the direction of the Secretary of Labor, of which amount not to exceed $477,800 may be expended <sidenote>Commissioner.</sidenote>for the salary of the Commissioner of Immigration and Naturalization and other personal services in the District of Columbia, including services of persons authorized by law to be detailed there for duty: <proviso>Provided, That not to exceed $45,000 of the sum herein <sidenote>Provisos.Vehicles.</sidenote>appropriated shall be available for the purchase, including exchange, of motor-propelled passenger-carrying vehicles</proviso>: <proviso>Provided further, <sidenote>Privately owned horses.</sidenote>That the Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, may contract with officers and employees stationed outside of the District of Columbia whose salaries are payable from this appropriation, for the use, on official business outside of the District of Columbia, of privately owned horses, and the consideration agreed upon shall be payable from the funds herein appropriated</proviso>: <proviso>Provided further, That not to exceed <sidenote>Allowances for living quarters, heat, fuel, and light.</sidenote>$22,600 of the total amount herein appropriated shall be available for allowances for living quarters, including heat, fuel, and light, <page identifier="/us/stat/48/570">570</page><sidenote>Vol. 46, p. 818.U.S.C., Supp. VII, p. 20.Attendance at meetings.</sidenote>as authorized by the Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a), not to exceed $1,700 for any person</proviso>: <proviso>Provided further, That not to exceed $400 of the sum herein appropriated may be expended for attendance at meetings concerned with the naturalization of aliens when incurred on the written authority of the Secretary <sidenote>Compensation of assistants to clerks of courts forbidden.Payment of rewards.</sidenote>of Labor</proviso>: <proviso>Provided further, That no part of this appropriation shall be available for the compensation of assistants to clerks of United States courts</proviso>: <proviso>Provided further, That not to exceed $10,000 of the sum herein appropriated may be expended for payment of rewards, when specifically authorized by the Secretary of Labor, for information leading to the detection, arrest, or conviction of persons violating the immigration or naturalization laws</proviso>.<sidenote>Immigration stations.</sidenote> Immigration stations: For remodeling, repairing (including repairs to the ferryboat, Ellis Island), renovating buildings, and purchase of equipment, $25,000. </content> </appropriations> <appropriations level="small"> <heading>children’s bureau</heading> <sidenote>Children’s Bureau.Salaries and expenses.Investigations.</sidenote> <content>Salaries and expenses: For expenses of investigating and reporting upon matters pertaining to the welfare of children and child life, and especially to investigate the questions of infant mortality; personal services, including experts and temporary assistants; traveling expenses, including expenses of attendance at meetings for the promotion of child welfare when incurred on the written authority of the Secretary of Labor; purchase of reports and material for the publications of the Children’s Bureau and for reprints from State, city, and private publications for distribution when said reprints can be procured more cheaply than they can be printed by the Government, and other necessary expenses, $337,030, of which amount not to exceed $272,000 may be expended for personal services in the District of Columbia.</content> </appropriations> <appropriations level="small"> <heading>women’s bureau</heading><sidenote>Women’s Bureau.Salaries and expenses.Vol. 41, p. 987.U.S.C., p. 947; Supp. VII, p. 745.</sidenote> <content>Salaries and expenses: For carrying out the provisions of the Act entitled “<shortTitle role="act">An Act to establish in the Department of Labor a bureau to be known as the Women’s Bureau</shortTitle>”, approved June 5, 1920 (U.S.C., title 29, secs. 11–16; U.S.C., Supp. VI, title 29, secs. 12–14), including personal services in the District of Columbia, not to exceed $120,060; purchase of material for reports and educational exhibits, and traveling expenses, $139,160, which sum shall be available for expenses of attendance at meetings concerned with the work of said bureau when incurred on the written authority of the Secretary of Labor.</content> </appropriations> <appropriations level="small"> <heading>united states employment service</heading> <sidenote>Employment Service.Promotion of employment.Ante, p. 113.</sidenote> <content>For carrying out the provisons of the Act entitled “<shortTitle role="act">An act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes</shortTitle>”, approved June 6, 1933; personal services and rent in the District of Columbia and elsewhere; traveling expenses, <sidenote>Attendance at meetings.Books.</sidenote>including expenses of attendance at meetings concerned with the work of the United States Employment Service when specifically authorized by the Secretary of Labor; law books, books of reference and periodicals, printing and binding, supplies and equipment, telegraph and telephone service, and miscellaneous expenses, $3,700,000; of which amount not to exceed $165,000 shall be available for personal services in the department in the District of Columbia; and of such sum of $3,700,000, of which not less than $200,000 shall be expended for Veterans’ Placement Service and not more than $3,000,000 shall be apportioned to the States, and the remainder shall be available for all other purposes.</content> </appropriations> <page identifier="/us/stat/48/571">571</page> <appropriations level="small"> <heading>united states housing corporation</heading> <sidenote>United States Housing Corporation.</sidenote> <content>Salaries and expenses: For officers, clerks, and other employees, <sidenote>Salaries and expenses.</sidenote>and for contingent and miscellaneous expenses, in the District of Columbia and elsewhere, including blank books, maps, stationery, file cases, towels, ice, brooms, soap, freight and express charges, communication service, travel expense, printing and binding not to <sidenote>Printing and binding.</sidenote>exceed $150, and all other miscellaneous items and expenses not included in the foregoing and necessary to collect and account for the receipts from the sale of properties and the receipts from the operation of unsold properties of the United States Housing Corporation, the Bureau of Industrial Housing and Transportation, property commandeered by the United States through the Secretary of Labor, and to collect the amounts advanced to transportation facilities and others; for payment of special assessments and other utility, municipal, State, and county charges or assessments unpaid by purchasers, and which have been assessed against property in which the United States Housing Corporation has an interest, and to defray expenses incident to foreclosing mortgages, conducting sales under deeds of trusts, or reacquiring title or possession of real property under default proceeding, including attorney fees, witness fees, court costs, charges, and other miscellaneous expenses; for the maintenance and repair of houses, buildings, and improvements which are unsold; in all, $9,080: <proviso>Provided, That no person shall be employed hereunder <sidenote>Provisos.Salary restriction.</sidenote>at a rate of compensation exceeding $4,000 per annum, and only one person may be employed at that rate</proviso>: <proviso>Provided further, That no<sidenote>Prior appropriations not available.</sidenote> part of the appropriations heretofore made and available for expenditure by the United States Housing Corporation shall be expended for the purposes for which appropriations are made herein</proviso>.</content> </appropriations> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec.</inline> 2. </num> <content>That no part of the money appropriated under this Act <sidenote>Restriction on expenditure of appropriations.</sidenote>shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve of the nomination of said person. This title may be cited as the “<shortTitle role="title">Department of Labor Appropriation <sidenote>Short title.</sidenote>Act, 1935</shortTitle>.” </content> </section> Approved, April 7, 1934.

To amend section 3702, Revised Statutes. 1934-04-09 105 Chapter 48 Stat. 571 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 105.]

AN ACT To amend section 3702, Revised Statutes.

April 9, 1934.

[S. 1528.]

[Public, No. 144.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 3702

United States interest-bearing bonds.

R.S., sec. 3702, p. 731; U.S.C., p. 1024, amended.

Payment to owner of lost bond, authorized.

of the Revised Statutes is hereby amended by adding at the end thereof the following paragraphs:

“(2) Whenever it appears to the Secretary of the Treasury by clear and unequivocal proof that any interest-bearing bond of the United States, fully identified by number and description, has, without bad faith on the part of the owner, been lost to such owner under such circumstances and for such period of time after it has matured

Conditions.

or has become redeemable pursuant to a call for redemption as in the judgment of the Secretary would indicate that it had been destroyed or irretrievably lost, is not held by any person as his own property, and will not be presented by a bona fide holder for value, the Secretary of the Treasury is authorized to make payment of the amount which would have been due on such bond had it been presented

Interest payment.

at the time it became due and payable. But no payment shall be made on account of interest represented by coupons claimed to have been attached to a missing coupon bond at the time of its loss 572or destruction, unless the Secretary of the Treasury is satisfied that such coupons have not been paid and are in fact destroyed or can

Proviso.

Indemnity bond required.

R.S., sec. 3703, p. 731; U.S.C., p. 1024.

never be made the basis of a claim against the United States: Provided, That where relief is authorized under the provisions of this paragraph the bond of indemnity required by section 3703 of the Revised Statutes shall be in a penal sum of double the amount to be

Administrative rules authorized.

paid and shall be executed by an approved corporate surety. The Secretary of the Treasury is further authorized to make from time to time such regulations and restrictions as he may prescribe with respect to the administration of this paragraph. “(3)

“Bond” defined.

The term ‘bond’ wherever used in this section and in sections 3703, 3704, and 3705 of the Revised Statutes shall be deemed, for the purposes of these sections, to include any interest-bearing obligation of the United States or those issued on a discount basis.”

Approved, April 9, 1934.

To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Missouri. 1934-04-09 106 Chapter 48 Stat. 572 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 106.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Missouri.

April 9, 1934.

[S. 2308.]

[Public, No. 145.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Missouri River.

Time extended for bridging, at Randolph, Mo.

Vol. 45, pp. 729, 1431; Vol. 46, pp. 328, 1064; Vol. 47, pp. 149, 772, amended.

That the times for commencing and completing the construction of the bridge across the Missouri River at or near Randolph, Missouri, authorized to be built by The Kansas City Southern Railway Company, its successors and assigns, by the Act of Congress approved May 24, 1928, heretofore extended by Acts of Congress approved March 1, 1929, May 14, 1930, February 6, 1931, and May 6, 1932, and January 19, 1933, are hereby further extended two and four years, respectively, from May 24, 1934.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, April 9, 1934.

Granting the consent of Congress to the State of Minnesota, and Scott County and Carver County, in the State of Minnesota, to construct, maintain, and operate a bridge across the Minnesota River at or near Jordan, Minnesota. 1934-04-09 107 Chapter 48 Stat. 572 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 107.]

AN ACT Granting the consent of Congress to the State of Minnesota, and Scott County and Carver County, in the State of Minnesota, to construct, maintain, and operate a bridge across the Minnesota River at or near Jordan, Minnesota.

April 9, 1934.

[S. 2592.]

[Public, No. 146.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Minnesota River.

Minnesota may bridge, at Jordan.

That the consent of Congress is hereby granted to the State of Minnesota, and Scott County and Carver County, in the State of Minnesota, to construct, maintain, and operate a free bridge and approaches thereto across the Minnesota River, at a point suitable to the interests of navigation, at or near Jordan, Minnesota, in accordance with the provisions

Construction.

Vol. 34, p. 84.

of an Act entitled “An Act to regulate the construction of bridges over navigable waters ”, approved March 23, 1906.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, April 9, 1934.

Granting the consent of Congress to the Highway Department of the State of Minnesota to construct, maintain, and operate a free highway bridge across the Saint Louis River at or near Cloquet, Minnesota. 1934-04-09 108 Chapter 48 Stat. 573 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 573 [CHAPTER 108.]

AN ACT Granting the consent of Congress to the Highway Department of the State of Minnesota to construct, maintain, and operate a free highway bridge across the Saint Louis River at or near Cloquet, Minnesota.

April 9, 1934.

[S. 2593.]

[Public, No. 147.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent

Saint Louis River.

Minnesota may bridge, at Cloquet.

of Congress is hereby granted to the Highway Department of the State of Minnesota to construct, maintain, and operate a free highway bridge and approaches thereto across the Saint Louis River, at a point suitable to the interests of navigation, at or near Cloquet, Minnesota, in accordance with the provisions of an Act entitled

Construction.

Vol. 34, p. 84.

“An Act to regulate the construction of bridges over navigable waters ”, approved March 23, 1906.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 9, 1934.

Granting the consent of Congress to the Highway Department of the State of Minnesota to construct, maintain, and operate a free highway bridge across the Mississippi River at or near the southerly end of Lake Bemidji, Minnesota. 1934-04-09 109 Chapter 48 Stat. 573 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 109.]

AN ACT Granting the consent of Congress to the Highway Department of the State of Minnesota to construct, maintain, and operate a free highway bridge across the Mississippi River at or near the southerly end of Lake Bemidji, Minnesota.

April 9, 1934.

[S. 2594.]

[Public, No. 148.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent

Mississippi River.

Minnesota may bridge, at southerly end of Lake Bemidji.

of Congress is hereby granted to the Highway Department of the State of Minnesota to construct, maintain, and operate a free highway bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near the southerly end of Lake Bemidji, Minnesota, in accordance with the

Construction.

Vol. 34, p. 84.

provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters ”, approved March 23, 1906.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 9, 1934.

Granting the consent of Congress to the Highway Department of the State of Tennessee to construct, maintain, and operate a free highway bridge across the Cumberland River at or near Carthage, Smith County, Tennessee. 1934-04-09 110 Chapter 48 Stat. 573 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 110.]

AN ACT Granting the consent of Congress to the Highway Department of the State of Tennessee to construct, maintain, and operate a free highway bridge across the Cumberland River at or near Carthage, Smith County, Tennessee.

April 9, 1934.

[S. 2953.]

[Public, No. 149.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the consent

Cumberland River.

Tennessee may bridge, at Carthage.

of Congress is hereby granted to the Highway Department of the State of Tennessee to construct, maintain, and operate a free highway bridge and approaches thereto across the Cumberland River, at a point suitable to the interests of navigation, at or near Carthage,

Construction.

Vol. 34, p. 84.

Smith County, Tennessee, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters ”, approved March 23, 1906.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 9, 1934.

To change the name of B Street southwest in the District of Columbia. 1934-04-13 111 Chapter 48 Stat. 574 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 574 [CHAPTER 111.]

AN ACT To change the name of B Street southwest in the District of Columbia.

April 13, 1934.

[S. 194.]

[Public, No. 150.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia.

B Street southwest changed to Independence Avenue.

That in honor of the Declaration of Independence of the United States of America, the thoroughfare now known as “B Street southwest ”, running west from South Capitol Street in the District of Columbia, and as it may at any time be extended, widened, or otherwise changed, shall hereafter bear the name “ Independence Avenue.”

Approved, April 13, 1934.

To prohibit financial transactions with any foreign government in default on its obligations to the United States. 1934-04-13 112 Chapter 48 Stat. 574 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 112.]

AN ACT To prohibit financial transactions with any foreign government in default on its obligations to the United States.

April 13, 1934.

[S. 682.]

[Public, No. 151.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Foreign governments in default on obligations to United States.

Financial transactions with, prohibited.

That hereafter it shall be unlawful within the United States or any place subject to the jurisdiction of the United States for any person to purchase or sell the bonds, securities, or other obligations of, any foreign government or political subdivision thereof or any organization or association acting for or on behalf of a foreign government or political subdivision thereof, issued after the passage of this Act, or to make any loan to such foreign government, political subdivision,

Existing indebtedness, renewals, and adjustments.

organization, or association, except a renewal or adjustment of existing indebtedness while such government, political subdivision, organization, or association, is in default in the payment of its obligations, or any part thereof, to the Government of the United

Punishment for violation.

States. Any person violating the provisions of this Act shall upon conviction thereof be fined not more than $10,000 or imprisoned for not more than five years, or both.

Sec. 2.

“Person” defined.

As used in this Act the term “person” includes individual, partnership, corporation, or association other than a public corporation created by or pursuant to special authorization of Congress, or a corporation in which the Government of the United States has or exercises a controlling interest through stock ownership or otherwise.

Approved, April 13, 1934.

Authorizing the sale of certain property no longer required for public purposes in the District of Columbia. 1934-04-13 113 Chapter 48 Stat. 574 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 113.]

AN ACT Authorizing the sale of certain property no longer required for public purposes in the District of Columbia.

April 13, 1934.

[S. 2057.]

[Public, No. 152.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia.

Sale of old Potomac School property authorized.

That the Commissioners of the District of Columbia be, and they are hereby, authorized and empowered to sell and convey to the highest bidder, at public or private sale and at such time as in their opinion may be most advantageous to the District of Columbia, the old Potomac School property, known as lot 802 in square 327, containing five

Description.

thousand eight hundred and thirty-seven square feet of land, more or less, and the proceeds from such sale shall be deposited in the United States Treasury to the credit of the District of Columbia.

Approved, April 13, 1934.

To readjust the boundaries of Whitehaven Parkway at Huidekoper Place in the District of Columbia, provide for an exchange of land, and for other purposes. 1934-04-13 114 Chapter 48 Stat. 575 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 575 [CHAPTER 114.]

AN ACT To readjust the boundaries of Whitehaven Parkway at Huidekoper Place in the District of Columbia, provide for an exchange of land, and for other purposes.

April 13, 1934.

[S. 2509.]

[Public, No. 153.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That in order to

District of Columbia.

Boundaries of Whitehaven Parkway at Huidekoper Place, to be readjusted.

readjust the boundaries of Whitehaven Parkway at Huidekoper Place and preserve the trees and other natural park values, the Commissioners of the District of Columbia be, and they are hereby, authorized to close, vacate, and abandon for highway and alley purposes

Designated parcel transferred to United States.

the area contained in parcel designated “A”, as shown on map filed in the office of the surveyor of the District of Columbia and numbered as map 1817, and to transfer said area so closed, vacated, and abandoned to the United States to be under the jurisdiction of the Director of National Parks, Buildings, and Reservations for park purposes.

Sec. 2. That the Commissioners of the District of Columbia are

Federal property in exchange, for street and alley purposes.

authorized to use for street and alley purposes the area comprised within the parcels designated “B”, as shown on map filed in the office of the Surveyor of the District of Columbia and numbered as map 1817; and the Director of National Parks, Buildings, and Reservations is authorized to make the necessary transfer of said land to the District of Columbia, same to be under the jurisdiction of the said Commissioners for street and alley purposes.

Sec. 3. That upon the dedication by the lawful owner or owners of

Exchanges authorized with property owners.

the land contained in the parcel designated “C” and the transfer by plat as provided herein and/or the conveyance by deed of the land contained in the parcel designated “D”, in accordance with map showing said parcels filed in the office of the surveyor of the District of Columbia, numbered as map 1817. the said parcel “C” to be dedicated to the District of Columbia for street purposes and the said parcel “D” transferred by plat and/or conveyed by deed to the United States, to be under the jurisdiction of the Director of National Parks, Buildings, and Reservations, then the said Director of National Parks, Buildings, and Reservations, with the approval of the Secretary of the Interior, acting for and in behalf of the United States of America, is authorized and directed to transfer by plat as provided herein and/or convey by deed all the land comprised in the parcel designated “E” as shown on said map filed in the office of the surveyor of the District of Columbia and numbered as map 1817, said transfer and/or conveyance to be made to the owner or owners making the transfer and/or conveyance of said parcel designated “D” to the United States, such transfers and/or deeds of conveyance to pass title in fee simple to the said land, and any and all of such transfers when duly executed and consummated shall constitute legal conveyances of the parcels herein described to the parties in interest: Provided, however, That good and sufficient title, satisfactory to the

Provisos.

Title.

Commissioners of the District of Columbia and the Director of National Parks, Buildings, and Reservations shall be given with respect to the land contained in said parcels “C” and “D” respectively: And provided further, That upon the transfer by plat and/or

Land subject to assessment, etc.

the conveyance by deed of the said parcel designated “E”, as provided herein, the land contained in said parcel shall be subject to assessment and taxation the same in all respects as other private property in the District of Columbia.

Sec. 4. That the surveyor of the District of Columbia is hereby

Necessary plats to be prepared, etc.

authorized to prepare the necessary plat or plats showing the parcels of land to be transferred and dedicated in accordance with the provisions of this Act, with certificates affixed thereon to be signed by the 576parties in interest making the necessary transfers and dedication, which plat or plats, after being signed by the various interested parties and officials, and approved by the Commissioners of the District of Columbia, upon recommendation of the National Capital Park and Planning Commission, shall be recorded upon order of said Commissioners

Use as legal evidence of transfer.

in the office of the surveyor of the District of Columbia, and said plat or plats and certificates when so recorded shall constitute a legal dedication and legal transfers of the property described for the purposes designated according to the provisions of this Act.

Approved, April 13, 1934.

To extend the times for commencing and completing the construction of a bridge across the Columbia River at or near Astoria, Oregon. 1934-04-13 115 Chapter 48 Stat. 576 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 115.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Columbia River at or near Astoria, Oregon.

April 13, 1934.

[S. 2545.]

[Public, No. 154.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Columbia River.

Time extended for bridging, at Astoria, Oreg.

Vol. 46, p. 540; Vol. 47, p. 799, amended.

That the times for commencing and completing the construction of a bridge across the Columbia River at or near Astoria, Oregon, authorized to be built by J. C. Tenbrook, as mayor of Astoria, Oregon, his successors in office and assigns, by an Act of Congress approved June 10, 1930, are

Authority transferred to Clatsop County Court.

hereby extended one and three years, respectively, from February 9, 1934, and said Act is hereby amended by striking out the words “J. C. Tenbrook, as mayor of Astoria, Oregon,” wherever they appear in said Act and by inserting in lieu thereof the following:

Proviso.

Holding company until costs, etc., are liquidated.

“The County Court of Clatsop County, Oregon”: Provided, That the Rivers Improvement Corporation (an Oregon corporation), assignee of the right to build such bridge under such Act, and organized solely to construct such bridge for the public, shall contract to transfer such bridge upon the liquidation of all costs or obligations with respect to the construction thereof to the county of Clatsop (Oregon), city of Astoria (Oregon), and/or Pacific County (Washington) as may be agreed among them, without profit to said Rivers Improvement Corporation and without cost to such public bodies, in such manner as will not involve such public bodies as the holder or owner of any stock in any association, joint-stock company, or corporation.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, April 13, 1934.

Granting an easement over certain lands to the Springfield Special Road District in the county of Greene, State of Missouri, for road purposes. 1934-04-13 116 Chapter 48 Stat. 576 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 116.]

AN ACT Granting an easement over certain lands to the Springfield Special Road District in the county of Greene, State of Missouri, for road purposes.

April 13, 1934.

[S. 2550.]

[Public, No. 155.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Greene County, Mo.

Easement granted over certain lands to the Springfield Special Road District.

Description.

That an easement over the following-described land, to wit: A strip of land thirty feet wide off the right side of the following-described center line: Beginning forty feet south of the northeast corner of the northwest quarter northeast quarter section 34, township 29 north, range 22 west; thence south two thousand five hundred and nine and ninety-one one-hundredths feet; thence to the left on a curve with one hundred and forty-six and nineteen one-hundredths feet radius two hundred and twenty-five and, ninety-one one-hundredths feet, except that part of the curve lying in the southwest corner southeast quar-577ter northeast quarter of said section; thence east on east and west half section line three hundred and seventy-six and eighty-nine one-hundredths feet; thence to the right on a curve with one hundred and forty-six and nineteen one-hundredths feet radius ninety-two feet; thence continuing on same curve but with thirty feet on both sides of the center line a distance of forty-one and five-tenths feet; thence continuing on the same curve but with thirty feet on the right of the center line a distance of ninety-two and forty-one one-hundredths feet; thence south two thousand two hundred and thirty-five and seven hundred and seven one-thousandths feet; thence on a curve to the right with two hundred and eighty-seven and nine-tenths feet radius with thirty feet on both sides of the center line a distance of four hundred and forty-six and four hundred and seventeen one-thousandths feet; thence west with thirty feet on the right or north side of the center line to the southeast corner of the west half southeast quarter southwest quarter of said section; also a strip of land thirty feet wide off the west side of the northwest quarter southwest quarter; also a strip of land thirty feet wide off of the west side of the northwest quarter of said section except the north three hundred and twenty-four feet; also a curve with a one-hundred-foot radius on the center line at the northeast corner of the northwest quarter northeast quarter. All of the above described is in section 34, township 29 north, range 22 west, and is a strip of land thirty feet wide off the east, south, and west sides of the United States Hospital for Defective Delinquents, Springfield, Missouri, except that at two places where curves occur the full sixty-foot width of the right-of-way is included, be, and the same is hereby, granted to the State of Missouri for public-road purposes; and the Attorney General is, upon the passage of this Act, authorized to execute a deed containing such restrictions consistent with the character of the grant for public-road purposes as he deems necessary.

Sec. 2. The said easement is granted solely for road purposes, and

For road purposes solely; reversionary provision.

shall revert to and become the absolute property of the United States of America if used for any purpose whatsoever other than that for which this donation is made, or in the event it is abandoned or vacated as a public road.

Sec. 3. Not to exceed $5,000 of the unexpended balance of any

Government contribution toward road construction.

Available fund.

appropriation available for the construction or maintenance of the United States Hospital for Defective Delinquents shall be available in the discretion of the Attorney General for payment to the proper authorities of the Springfield Special Road District of Greene County, Missouri, as representing the full amount to be contributed by the Government toward the cost of constructing the road herein

To be in lieu of any accrued taxes.

provided for, and in lieu of accrued taxes, if any, assessed against said property, and the said amount shall remain available for this purpose until expended.

Approved, April 13, 1934.

Creating the Cairo Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Ohio River at or near Cairo, Illinois. 1934-04-13 117 Chapter 48 Stat. 577 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 117.]

AN ACT Creating the Cairo Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Ohio River at or near Cairo, Illinois.

April 13, 1934.

[S. 2675.]

[Public, No. 156.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That, in order to

Ohio River.

Cairo Bridge Commission may bridge, at Cairo, Ill.

facilitate interstate commerce, improve the Postal Service, and provide for military and other purposes, the Cairo Bridge Commission (hereinafter created, and hereinafter referred to as the “Commis-578sion”) and its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River at or near the city of Cairo, Illinois, at a point suitable to the interests of navigation, in accordance with the provisions

Construction.

Vol. 34, p. 84.

Authority to operate ferries, etc.

of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, subject to the conditions and limitations contained in this Act. For like purposes said Commission and its successors and assigns are hereby authorized to purchase, maintain, and operate all or any ferries across the Ohio and/or Mississippi Rivers within ten miles of the location which shall be selected for said bridge, subject to the conditions and limitations contained in this Act.

Sec. 2.

Acquisition of real estate, etc., for location, approaches, etc.

There is hereby conferred upon the Commission and its successors and assigns the right and power to enter upon such lands and to acquire, condemn, occupy, possess, and use such real estate and other property in the State of Illinois and the Commonwealth of Kentucky as may be needed for the location, construction, operation, and maintenance of such bridge and its approaches, upon making just compensation therefor, to be ascertained and paid

Condemnation proceedings.

according to the laws of the State in which such real estate or other property is situated, and the proceedings therefor shall be the same as in the condemnation of private property for public purposes in said States, respectively.

Sec. 3.

Tolls authorized.

The Commission and its successors and assigns are hereby authorized to fix and charge tolls for transit over such bridge and such ferry or ferries in accordance with the provisions of this Act.

Sec. 4.

Interest-bearing bonds to cover costs, etc., authorized.

The Commission and its successors and assigns are hereby authorized to provide for the payment of the cost of the bridge and its approaches and the ferry or ferries and the necessary lands, easements, and appurtenances thereto by an issue or issues of negotiable bonds of the Commission, bearing interest at not more than 6 per centum per annum, the principal and interest of which bonds

Paying premium thereon.

and any premium to be paid for retirement thereof before maturity shall be payable solely from the sinking fund provided in accordance

Maturity.

with this Act. Such bonds may be registrable as to principal alone or both principal and interest, shall be in such form not inconsistent with this Act, shall mature at such time or times not exceeding forty

Denominations.

years from their respective dates, shall be in such denominations, shall be executed in such manner, and shall be payable in such medium and at such place or places as the Commission may determine.

Redemption, etc., before maturity reserved.

The Commission may repurchase and may reserve the right to redeem all or any of said bonds before maturity in such manner and at such price or prices, not exceeding one hundred and five and accrued interest, as may be fixed by the Commission prior to the

Bank, etc., may act as trustee.

issuance of the bonds. The Commission may enter into an agreement with any bank or trust company in the United States as trustee having the power to make such agreement, setting forth the duties of the Commission in respect of the construction, maintenance, operation, repair, and insurance of the bridge and/or the ferry or ferries, the conservation and application of all funds, the safeguarding of moneys on hand or on deposit, and the rights and remedies of said trustee and the holders of the bonds, restricting the individual right of action of the bondholders as is customary in trust agreements

Protective provisions.

respecting bonds of corporations. Such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the trustee and the bondholders as may be reasonable and proper and not inconsistent with the law and also provisions for approval by the original purchasers of the bonds of the employ-579ment of consulting engineers and of the security given by the bridge

Security given by bridge contractors, etc.

contractors and by any bank or trust company in which the proceeds of bonds or of bridge or ferry tolls or other moneys of the Commission shall be deposited, and may provide that no contract for construction shall be made without the approval of the consulting engineers. The bridge constructed under tie authority of this Act

Bridge deemed instrumentality for interstate commerce, etc.

shall be deemed to be an instrumentality for interstate commerce, the Postal Service, and military and other purposes authorized by the Government of the United States, and said bridge and ferry or ferries and the bonds issued in connection therewith and the

Tax exemption.

income derived therefrom shall be exempt from all Federal, State, municipal, and local taxation. Said bonds shall be sold in such

Bond sales, price limitation.

manner and at such time or times and at such price as the Commission may determine, but no such sale shall be made at a price so low as to require the payment of more than 6 per centum interest on the money received therefor, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, and the face amount thereof shall be so calculated as to produce, at the price of their sale, the cost of the bridge and its approaches, and the land, easements, and appurtenances used in connection therewith and, in the event the ferry or ferries are to be acquired, also the cost of such ferry or ferries and the lands, easements, and appurtenances used in connection therewith. The cost

Use of proceeds to cover costs.

of the bridge and ferry or ferries shall be deemed to include interest during construction of the bridge, and for twelve months thereafter, and all engineering, legal, architectural, traffic-surveying, and other expenses incident to the construction of the bridge or the acquisition of the ferry or ferries, and the acquisition of the necessary property, and incident to the financing thereof, including the cost of acquiring existing franchises, rights, plans, and works of and relating to the bridge, now owned by any person, firm, or corporation, and the cost of purchasing all or any part of the shares of stock of any such corporate owner if, in the judgment of the Commission, such purchases should be found expedient. If the proceeds of the bonds

Excess over cost to be placed in a sinking fund.

Sec. 5. In fixing the rates of toll to be charged for the use of such

Rates; applied to maintenance and to provide a sinking fund.

bridge the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to pay the principal and interest of such bonds as the same shall fall due and the redemption or repurchase price of all or any thereof redeemed or repurchased before maturity as herein provided. All tolls and other revenues from said bridge are hereby pledged to such uses and to the application thereof as hereinafter in this section required. After payment or provision for payment therefrom of all such cost of maintaining, repairing, and operating and the reservation of an amount of money estimated to be sufficient for the same purpose during an ensuing period of not more than six months, the remainder of tolls collected shall be placed in the sinking fund, at intervals to be determined by the Commission prior to the issuance of the bonds. An accurate, record

Record of cost, repairs, and operation to be kept.

of the cost of the bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily 580tolls collected, shall be kept and shall be available for the information

Classification, etc. provisions.

of all persons interested. The Commission shall classify in a reasonable way all traffic over the bridge, so that the tolls shall be so fixed and adjusted by it as to be uniform in the application thereof to all traffic falling within any such reasonable class, regardless of the status or character of any person, firm, or corporation participating in such traffic, and shall prevent all use of such bridge for traffic

Toll exemptions.

except upon payment of the tolls so fixed and adjusted. No toll shall be charged officials or employees of the Commission or of the Government of the United States or any State, county, or municipality in the United States while in the discharge of their duties or municipal police or fire departments when engaged in the proper work of any such department.

Sec. 6.

Ferries; authority of Commission.

Nothing herein contained shall require the Commission or its successors to maintain or operate any ferry or ferries purchased hereunder, but in the discretion of the Commission or its successors and ferry or ferries so purchased, with the appurtenances and property thereto connected and belonging, may be sold or otherwise disposed of or may be abandoned and/or dismantled whenever in the

Tolls.

judgment of the Commission or its successors it may seem expedient so to do. The Commission and its successors may fix such rates of toll for the use of such ferry or ferries as it may deem proper, subject to the same conditions as are hereinabove required

Application of, to operation, sinking fund, etc.

as to tolls for traffic over the bridge. All tolls collected for the use of the ferry or ferries and the proceeds of any sale or disposition of any ferry or ferries shall be used, so far as may be necessary, to pay the cost of maintaining, repairing, and operating the

Record to be kept.

same, and any residue thereof shall be paid into the sinking fund hereinabove provided for bonds. An accurate record of the cost of purchasing the ferry or ferries; the expenditures for maintaining, repairing, and operating the same; and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

Sec. 7.

Conveyance of interests to Illinois and Kentucky after sufficient funds provided.

After payment of the bonds and interest, or after a sinking fund sufficient for such payment shall have been provided and shall be held for that purpose, the Commission shall deliver deeds or other suitable instruments of conveyance of the interest of the Commission in and to the bridge, that part within Illinois to the State of Illinois or any municipality or agency thereof as may be authorized by or pursuant to law to accept the same (hereinafter referred to as the Illinois interests) and that part within Kentucky to the Commonwealth of Kentucky or any municipality or agency thereof as may be authorized by or pursuant to law to accept the

Conditional, that bridge thereafter be toll free, etc.

same (hereinafter referred to as the Kentucky interests), under the condition that the bridge shall thereafter be free of tolls and be properly maintained, operated, and repaired by the Illinois interests

Commission to continue operation, if either State fails to accept.

and the Kentucky interests, as may be agreed upon; but if either the Illinois interests or the Kentucky interests shall not be authorized to accept or shall not accept the same under such conditions, then the bridge shall continue to be owned, maintained, operated, and repaired by the Commission, and the rates of tolls shall be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management, until such time as both the Illinois interests and the Kentucky interests shall be authorized to accept

Disposal of ferries.

and shall accept such conveyance under such conditions. If at the time of such conveyance the Commission or its successors shall not 581have disposed of such ferry or ferries, the same shall be disposed of by sale as soon as practicable, at such price and upon such terms as the Commission or its successors may determine. (a) Notwithstanding any restriction or limitation imposed by the

Aid from State allotments under Federal Highway, etc., Acts permitted.

Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes”, approved July 11, 1916, or by the Federal Highway

Vol. 39, p. 355; Vol. 42, p. 212.

U.S.C., pp. 669, 665.

Act, or by any Act amendatory of or supplemental to either thereof, the Secretary of Agriculture may extend Federal aid under such Acts, for the construction of said bridge, out of any moneys allocated to the State of Illinois with the consent of the Department of Public Works and Buildings of said State, and out of any moneys allocated to the State of Kentucky with the consent of the State Highway Commission of said State.

Sec. 8.

For the purpose of carrying into effect the objects stated

Cairo Bridge Commission created.

in this Act, there is hereby created the Cairo Bridge Commission, and by that name, style, and title said body shall have perpetual

Corporate powers.

succession; may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity; may make and have a common seal; may purchase or otherwise acquire and hold or dispose of real estate and other property; may accept and receive donations or gifts of money or other property and apply same to the purposes of this Act; and shall have and possess all powers necessary, convenient, or proper for carrying into effect the objects stated in this Act.

The Commission shall consist of James S. Johnson, John C.

Composition of commission.

Fisher, Reed Green, and Ray Williams, of the city of Cairo, Illinois, and M. C. Anderson, of Ballard County, Kentucky. Such Commission shall be a body corporate and politic. Each member of the Commission shall qualify within thirty days after the approval

Duties.

of this Act by filing in the office of the Secretary of Agriculture an oath that he will faithfully perform the duties imposed upon him by this Act, and each person appointed to fill a vacancy shall qualify in like manner within thirty days after his appointment.

Vacancies.

Any vacancy occurring in said Commission by reason of failure to qualify as above provided, or by reason of death or resignation, shall be filled by the Secretary of Agriculture. Before the issuance of

Bonds required.

bonds as hereinabove provided, each member of the Commission shall give such bond as may be fixed by the Chief of the Bureau of Public Roads of the Department of Agriculture, conditioned upon the faithful performance of all duties required by this Act. The

Chairman, etc.

Commission shall elect a chairman and a vice chairman from its members, and may establish rules and regulations for the government of its own business. A majority of the members shall constitute a quorum for the transaction of business.

Sec. 9. The Commission shall have no capital stock or shares of

Commission to have no shares of interest, etc.

interest or participation, and all revenues and receipts thereof shall be applied to the purposes specified in this Act. The members of the Commission shall be entitled to a per diem compensation for

Per diem compensation; maximum.

their services of $10 for each day actually spent in the business of the Commission, but the maximum compensation of the Chairman in any year shall not exceed $2,500 and of each other member shall not exceed $500. The members of the Commission shall also be

Travel expenses.

entitled to receive traveling-expense allowance of 10 cents a mile for each mile actually traveled on the business of the Commission. The Commission may employ a secretary, treasurer, engineers, attorneys, and such other experts, assistants, and employees as they

Other personal services.

may deem necessary, who shall be entitled to receive such compensation as the Commission may determine. All salaries and expenses 582shall be paid solely from the funds provided under the authority of

Dissolution on completing obligations

this Act. After all bonds and interest thereon shall have been paid and all other obligations of the Commission paid or discharged, or provision for all such payment shall have been made as hereinbefore provided, and after the bridge shall have been conveyed to the Illinois interests and the Kentucky interests as herein provided, and any ferry or ferries shall have been sold, the Commission shall be dissolved and shall cease to have further existence by an order of the Chief of the Bureau of Public Roads made upon his own initiative or upon application of the Commission or any member or members thereof, but only after a public hearing in the city of Cairo, notice of the time and place of which hearing and the purpose thereof shall have been published once, at least thirty days before the date thereof, in a newspaper published in the city of Cairo, and a newspaper

Division of moneys in hand.

published in Ballard County, Kentucky. At the time of such dissolution all moneys in the hands of or to the credit of the Commission shall be divided into two equal parts, one of which shall be paid to said Illinois interests and the other to said Kentucky interests.

Sec. 10.

Limitation on creating obligations, etc.

Nothing herein contained shall be construed to authorize or permit the Commission or any member thereof to create any obligation or incur any liability other than such obligations and liabilities as are dischargeable solely from funds provided by this Act. No obligation created or liability incurred pursuant to this Act shall be an obligation or liability of any member or members of the Commission but shall be chargeable solely to the funds herein provided, nor shall any indebtedness created pursuant to this Act be an indebtedness of the United States.

Sec. 11.

Penal provisions.

All provisions of this Act may be enforced, or the violation thereof prevented, by mandamus, injunction, or other appropriate remedy brought by the attorney general for the State of Illinois, the attorney general for the Commonwealth of Kentucky, or the United States district attorney for any district in which the bridge may be located in part, in any court having competent jurisdiction of the subject matter and of the parties.

Sec. 12.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, April 13, 1934.

To authorize the Department of Labor to make special statistical studies upon payment of the cost thereof, and for other purposes. 1934-04-13 118 Chapter 48 Stat. 582 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 118.]

AN ACT To authorize the Department of Labor to make special statistical studies upon payment of the cost thereof, and for other purposes.

April 13, 1934.

[S. 2689.]

[Public, No. 157.]

Be it enacted by the Senate and Howse of Representatives of the United States of America in Congress assembled,

Department of Labor.

Special statistical studies, etc., upon request, authorized.

Scope.

That the Department of Labor be, and hereby is, authorized, within the discretion of the Secretary of Labor, upon the written request of any person, to make special statistical studies relating to employment, hours of work, wages, and other conditions of employment; to prepare from its records special statistical compilations; and to furnish transcripts

Payment of cost.

of its studies, tables, and other records, upon the payment of the actual cost of such work by the person requesting it.

Sec. 2.

Credit of receipts.

All moneys hereinafter received by the Department of Labor in payment of the cost of such work shall be deposited to the credit of the appropriation of that bureau, service, office, division, or other agency of the Department of Labor which supervised such work, and may be used, in the discretion of the Secretary of Labor, and notwithstanding any other provision of law, for the ordinary expenses of such agency and/or to secure the special serv-583ices of persons who are neither officers nor employees of the United States.

Sec. 3. The Secretary of Labor shall prescribe rules and regulations

Rules, etc., to be prescribed.

for the enforcement of this Act; and the Secretary of Labor shall make a report to Congress, at the beginning of each regular

Report to Congress.

session, giving a detailed statement showing (1) the name of every person for whom work has been performed under the authority of this statute, (2) the nature of the services rendered to him, (3) the price charged for these services by the Department of Labor, and

Vol. 39, p. 1106, modified.

(4) the manner in which the moneys received were deposited or used.

Sec. 4. This Act shall cease to be effective one year after the date

Duration of Act.

of its enactment.

Approved, April 13, 1934.

To repeal an Act of Congress entitled “An Act to prohibit the manufacture or sale of alcoholic liquors in the Territory of Alaska, and for other purposes”, approved February 14, 1917, and for other purposes. 1934-04-13 119 Chapter 48 Stat. 583 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 119.]

AN ACT To repeal an Act of Congress entitled “An Act to prohibit the manufacture or sale of alcoholic liquors in the Territory of Alaska, and for other purposes”, approved February 14, 1917, and for other purposes.

April 13, 1934.

[S. 2729.]

[Public, No. 158.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act of

Alaska.

Prohibition Act of 1917, repealed.

Vol. 39, p. 903.

Congress entitled “An Act to prohibit the manufacture or sale of alcoholic liquors in the Territory of Alaska, and for other purposes”, approved February 14, 1917, contained in United States Statutes at Large, volume 39, Public Laws, pages, 903 to 909, is repealed.

Repeal of certain provisions of National Prohibition Act, etc.

Vol. 41, p. 307; Vol. 42, p. 223; Ante, p. 16.

U.S.C., pp. 853, 1583.

Title II of the National Prohibition Act, as amended and supplemented, and the Act entitled “An Act to provide revenue by the taxation of certain nonintoxicating liquor, and for other purposes”, approved March 22, 1933, except such provisions of such title and of such Act of March 22, 1933, as shall be retained in force and effect in the States, are repealed to the extent such title and such Act of March 22, 1933, are in force and effect in the Territory of Alaska.

Sec. 2. That notwithstanding the repeal of the said Acts no

Regulations governing manufacture and sale of liquors.

spirituous or intoxicating liquors shall be manufactured or sold in the Territory of Alaska, except under such regulations and restrictions as the Territorial Legislature shall prescribe, and the legislative

Legislative powers extended.

Vol. 37, p. 513.

power and authority conferred upon the Legislative Assembly of the Territory of Alaska by the Act of Congress entitled “An Act to create a legislative assembly in the Territory of Alaska, to confer legislative power thereon, and for other purposes”, approved August 24, 1912, shall be, and hereby is, extended to include any legislation pertaining to the manufacture or sale of spirituous or intoxicating liquor within the said Territory, and any provision contained in the said Act of August 24, 1912, in conflict herewith, is hereby expressly repealed: Provided, however, That the Legislature of the Territory

Provisos.

Delegation of powers.

of Alaska shall have full power and authority to delegate the powers hereby conferred to any board or commission designated or created by the legislature for such purpose, which powers shall include the power to make rules and regulations governing the manufacture, barter, sale, or possession of spirituous or intoxicating liquors in the Territory of Alaska, to prescribe the qualifications of those who are to engage in the manufacture, barter, sale, or possession of intoxicating liquors in the said Territory, and to prescribe license fees and excise taxes therefor: Provided, That nothing in this Act

General internal revenue laws not affected.

shall in any way repeal, conflict, or interfere with the public general laws of the United States imposing taxes on the manufacture and 584sale of intoxicating liquors for the purpose of revenue and known as the “internal revenue laws.”

Sec. 3.

Territorial act creating liquor control board, etc., approved.

That the act of the Territorial Legislature of Alaska entitled “An act to create the board of liquor control and prescribe its powers and duties”, approved May 4, 1933, contained in the Session Laws of Alaska, 1933, being chapter 109 thereof, at pages 193–194, be, and the same hereby is, ratified and approved, and the board thereby created shall have the powers and the authority conferred

Penalty provisions.

upon it by the said act. And any person, firm, or corporation, who shall violate any of the rules or regulations prescribed by the said board governing the manufacture, sale, barter, and possession of intoxicating liquors in the Territory of Alaska, or the qualifications of those engaging in the manufacture, sale, barter, and possession of such liquors in the said Territory, or the payment of license fees and excise taxes therefor, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 2072 of the Compiled Laws of Alaska.

Sec. 4.

Designated provisions repealed.

Vol. 30, pp. 1337–1341; Vol. 31, p. 332; Vol. 35, pp. 601–603.

That sections 462 to 478, both inclusive, of Act of Congress entitled “An Act to define and punish crime in the District of Alaska and to provide a code of criminal procedure for said district”, approved March 3, 1899 (30 Stat. L. 1337–1341), as amended by the Act of June 6, 1900 (31 Stat. L. 332), and by the Act of February 6, 1909 (35 Stat. L. 601–603), be, and the same hereby are, repealed.

Sec. 5.

Liability clause.

R.S., sec. 13, p. 2.

Section 13 of the Revised Statutes (U.S.C., title 1, sec. 29) shall not apply with respect to any penalty, forfeiture, or liability incurred under any provision repealed by this Act.

Approved, April 13, 1934.

To amend the Act known as the “Perishable Agricultural Commodities Act, 1930”, approved June 10, 1930. 1934-04-13 120 Chapter 48 Stat. 584 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 120.]

AN ACT To amend the Act known as the “Perishable Agricultural Commodities Act, 1930”, approved June 10, 1930.

April 13, 1934.

[H. R. 6525.]

[Public, No. 159.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Perishable Agricultural Commodities Act amendments.

Vol. 46, p. 531.

U.S.C., Supp. VII, p. 70.

That the Act known as the “Perishable Agricultural Commodities Act, 1930”, approved June 10, 1930, be, and hereby is, amended as hereinafter set forth:

That subsection 6 of section 1 of the Perishable Agricultural Commodities Act, 1930, is hereby amended to read as follows:

“(6)

Terms defined.

The term ‘dealer’ means any person engaged in the business

“Dealer.”

of buying or selling in carloads any perishable agricultural commodity

Exceptions.

in interstate or foreign commerce, except that (A) no producer shall be considered as a ‘dealer’ in respect of sales of any such commodity of his own raising; (B) no person buying any such commodity solely for sale at retail shall be considered as a ‘dealer’ in respect of any such commodity in any calendar year until his purchases of such commodity in carloads in such year are in excess of

Canners or processors buying commodity within State where grown.

twenty; and (C) no person buying any such commodity for canning and/or processing within the State where grown shall be considered a ‘dealer’ whether or not the canned or processed product is to be

Licensing of persons within, exceptions.

shipped in interstate or foreign commerce. Any person not considered as a ‘dealer’ under clauses (A), (B), and (C) may elect to secure a license under the provisions of section 3, and in such case and while the license is in effect such person shall be considered as a

“In carloads.”

‘dealer.’ As used in this paragraph, the term ‘in carloads’ includes wholesale or jobbing quantities as defined for any such commodity by the Secretary;”

585

Sec. 2.

That subsection 2 of section 2 of the Perishable Agricultural

Unfair conduct.

Commodities Act, 1930, is hereby amended to read as follows:

“(2) For any dealer to reject or fail to deliver in accordance with

Breach of contract to consign, etc., goods, added.

the terms of the contract without reasonable cause any perishable agricultural commodity bought or sold or contracted to be bought, sold, or consigned in interstate or foreign commerce by such dealer;”

Sec. 3.

That subsection 4 of section 2 of the Perishable Agricultural

False statements concerning market conditions.

Commodities Act, 1930, is hereby amended to read as follows:

“(4) For any commission merchant, dealer, or broker to make, for a fraudulent purpose, any false or misleading statement in connection with any transaction involving or concerning the condition of the market for any perishable agricultural commodity which is received in interstate or foreign commerce by such commission merchant, or bought or sold, or contracted to be bought, sold, or consigned in such commerce by such dealer; or the purchase or sale of which in such commerce is negotiated by such broker; or to fail or refuse truly and correctly to account promptly in respect of any such transaction in any such commodity to the person with whom such transaction is had;”

Sec. 4.

That paragraph (b) of section 4 of the Perishable Agricultural

Causes for license refusal.

Commodities Act, 1930, is hereby amended to read as follows:

“(b) The Secretary shall refuse to issue a license to an applicant if he finds (1) that the applicant has previously, at any time within

Previous offense.

two years, been responsible in whole or in part for any violation of the provisions of section 2 for which a license of the applicant, or the license of any partnership, association, or corporation in which the applicant held any office, or, in the case of a partnership, had any share or interest, was revoked, or (2) if he finds after notice and

Applicant responsible for repeated, etc., violations.

hearing that at any time within two years said applicant was responsible in whole or in part for any flagrant or repeated violations of the provisions of section 2, or (3) in case the applicant is a

Member in a partnership responsible for unlawful act, revoking license.

partnership, association, or corporation, that any individual holding any office or, in the case of a partnership, having any interest or share in the applicant, had previously, at any time within two years, been responsible in whole or in part for any violations of the provisions of section 2 for which the license of such individual, or of

Where applicant has failed to pay an outstanding reparation award.

any partnership, association, or corporation in which such person held any office, or, in the case of a partnership, had any share or interest, was revoked, or if he finds after notice and hearing that at any time within two years said applicant was responsible in whole or in part for any flagrant or repeated violations of the provisions of section 2, or (4) that the applicant, subject to his right of appeal under section 7(b), has failed, except in case of bankruptcy, to pay within the time limit provided therein any reparation order which has been issued, within two years, against him as an individual, or against a partnership of which he was a member, or an association or corporation in which he held any office, or, in case the applicant is a partnership, association, or corporation, that any individual holding any office, or in the case of a partnership, having any interest or share in the applicant, subject to his right of appeal under section 7(b), has failed, except in the case of bankruptcy, to pay within the time limit provided therein any reparation order which has been issued, within two years, against him as an individual, or against a partnership of which he was a member, or an association or corporation in which he held any office. Notwithstanding the

Provisions may be suspended and license granted, if bond furnished for lawful conduct, etc.

foregoing provisions, the Secretary, in the case of such applicant, may issue a license if the applicant furnishes a bond or other satisfactory assurance that his business will be conducted in accordance 586with the provisions of this Act, and that he will pay all reparation orders which may previously have been issued against him for violations, or which may be issued against him within two years following the date of the license, subject to his right of appeal under

Time limitation.

section 7(b), but such license shall not be issued before the expiration of one year from the date of such revocation, or from the date of the Secretary’s finding that applicant has been responsible, in whole or in part, for any flagrant or repeated violation of section 2;”

Sec. 5.

That a new paragraph lettered (c) and reading as follows is hereby added to section 4 of the Perishable Agricultural Commodities Act, 1930:

“(c)

Attempted evasion by employing a rejected applicant, etc.

The Secretary may, after thirty days’ notice and an opportunity for a hearing, revoke the license of any commission merchant, dealer, or broker, who after the date given in such notice continues to employ in any responsible position any individual whose license was revoked or who was responsibly connected with any firm, partnership, association, or corporation whose license has been revoked

Waiver after one year.

within one year prior to the date of such notice. Employment of such individual by a licensee in any responsible position after one year following the revocation of any such license shall be conditioned upon the filing by the employing licensee of a bond or other satisfactory assurance that its business will be conducted in accordance with the provisions of this Act;”

Sec. 6.

That a new paragraph lettered (d) and reading as follows is hereby added to section 4 of the Perishable Agricultural Commodities Act, 1930:

“(d)

License may be withheld temporarily pending investigation.

The Secretary may withhold the issuance of a license to an applicant, for a period not to exceed thirty days pending investigation, if the Secretary believes that the application contains any material false or misleading statement or involves misrepresentation, concealment or withholding of facts respecting any violation of the

Hearing.

Act by any officer, agent, or employee. If, after investigation, the Secretary believes that the applicant should be refused a license, the applicant shall be given an opportunity for a hearing within sixty days from the date of the application to show cause why a

If application contains false, etc., statement.

license should not be refused. If after hearing the Secretary finds that the application contains a material false or misleading statement made by the applicant or by its representative on its behalf or involves a misrepresentation, concealment or withholding of facts respecting any violation of the Act by any officer, agent, or employee, the Secretary shall refuse to issue a license to the applicant.”

Sec. 7.

That a new paragraph lettered (e) and reading as follows is hereby added to section 4 of the Perishable Agricultural Commodities Act, 1930:

“(e)

License may be revoked if found falsely obtained.

If, after a license shall have been issued to an applicant, the Secretary believes that the license was obtained through a false or misleading statement in the application therefor or through a misrepresentation, concealment, or withholding of facts respecting any violation of the Act by any officer, agent, or employee, he may, after thirty days’ notice and an opportunity for a hearing, revoke said license, whereupon no license shall be issued to said applicant or any applicant in which the person responsible for such false or misleading statement or misrepresentation, concealment, or withholding of facts is financially interested, except under the conditions set forth in paragraph (b) of this section.”

Sec. 8.

That paragraph (c) of section 6 of the Perishable Agricultural Commodities Act, 1930, is hereby amended to read as follows:

587 “(c) If there appear to be, in the opinion of the Secretary, any

Complaint and investigation.

reasonable grounds for investigating any complaint made under this section, the Secretary shall investigate such complaint and may, if in his opinion the facts warrant such action, have said complaint served by registered mail or otherwise on the person concerned and afford such person an opportunity for a hearing thereon before a

Service and hearing.

duly authorized examiner of the Secretary in any place in which the said person is engaged in business: Provided, That in complaints

Proviso.

Restriction, where damage does not exceed $500.

Deposition, etc., in lieu.

wherein the amount claimed as damages does not exceed the sum of $500 a hearing need not be held and proof in support of the complaint and in support of respondent’s answer may be supplied in the form of depositions or verified statements of fact”;

Sec. 9.

That paragraph (d) of section 6 of the Perishable Agricultural Commodities Act, 1930, is hereby amended to read as follows:

“(d) After opportunity for hearing on complaints where the damages

Determination by Secretary.

claimed exceed the sum of $500 has been provided or waived and on complaints where damages claimed do not exceed the sum of $500 not requiring hearing as provided herein, the Secretary shall determine whether or not the commission merchant, dealer, or broker has violated any provision of section 2;”

Sec. 10.

That paragraph (e) of section 6 of the Perishable Agricultural

Complaint by nonresident.

Commodities Act, 1930, is hereby amended to read as follows:

“(e) In case a complaint is made by a nonresident of the United

Bond required.

States, the complainant shall be required, before any formal action is taken on his complaint, to furnish a bond in double the amount of the claim conditioned upon the payment of costs, including a reasonable attorney’s fee for the respondent if the respondent shall prevail;”

Sec. 11.

That paragraph (b) of section 7 of the Perishable Agricultural Commodities Act, 1930, is hereby amended to read as follows:

“(b) If any commission merchant, dealer, or broker does not

Reparation order; suit to collect.

comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may within one year of the date of the

Venue of action.

order file in the district court of the United States for the district in which he resides or in which is located the principal place of business of the commission merchant, dealer, or broker, or in any State court having general jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages and the order of the Secretary in the premises. The orders, writs, and

Jurisdiction of district courts.

processes of the district courts may in these cases run, be served, and be returnable anywhere in the United States. Such suit in the district court shall proceed in all respects like other civil suits for damages except that the findings and orders of the Secretary shall be prima-facie evidence of the facts therein stated, and the petitioner shall not be liable for costs in the district court nor for costs at any subsequent state of the proceedings unless they accrue upon his appeal. If the petitioner finally prevails, he shall be allowed a

Attorney’s fee.

reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit;”

Sec. 12.

That a new paragraph lettered (c) and reading as follows is hereby added to section 7 of the Perishable Agricultural Commodities Act, 1930:

“(c) Either party adversely affected by the entry of a reparation

Reparation awards.

Provisions concerning appeals.

order by the Secretary may, within thirty days from and after the date of such order, appeal therefrom to the district court of the 588United States for the district in which said hearing was held. Such appeal shall be perfected by the filing of a notice thereof together with a petition in duplicate which shall recite prior proceedings before the Secretary, and shall state the grounds upon which petitioner relies to defeat the right of the adverse party to recover the damages claimed, with the clerk of said court with proof of service thereof upon the adverse party. The clerk of court shall immediately forward a copy thereof to the Secretary of Agriculture, who shall forthwith prepare, certify, and file in said court a true copy of the Secretary’s decision, findings of fact, conclusions, and order in said case, together with copies of the pleadings upon which the case was heard and submitted to the Secretary. Such suit in the district court shall be a trial de novo and shall proceed in all respects like other civil suits for damages, except that the findings

Court costs, attorney’s fee, etc.

of fact and order or orders of the Secretary shall be prima-facie evidence of the facts therein stated. Appellee shall not be liable for costs in said court and if appellee prevails he shall be allowed a reasonable attorney’s fee to be taxed and collected as a part of his costs. Such petition and pleadings certified by the Secretary upon which decision was made by him shall upon filing in the district court constitute the pleadings upon which said trial de novo shall proceed subject to any amendment allowed in that court;”

Sec. 13.

That a new paragraph lettered (d) and reading as follows is hereby added to section 7 of the Perishable Agricultural Commodities Act, 1930:

“(d)

If appeal not taken in 5 days or payment made, license to automatically suspend.

Unless the licensee against whom a reparation order has been issued shows to the satisfaction of the Secretary within five days from the expiration of the period allowed for compliance with such order that he has either taken an appeal as herein authorized or has made payment in full as required by such order his license shall be suspended automatically at the expiration of such five-day period until he shows to the satisfaction of the Secretary that he has paid the amount therein specified with interest thereon to date of payment;”

Sec. 14.

That a new paragraph lettered (b) and reading as follows is hereby added to section 8 of the Perishable Agricultural Commodities Act, 1930:

“(b)

Injunction to restrain defendant from engaging in business.

In addition to being subject to the penalties provided by section 3 (a) of this Act, any commission merchant, dealer, or broker, who engages in or operates such business without an unsuspended and unrevoked license from the Secretary, shall be liable to be proceeded against in any court of competent jurisdiction in a suit by the United States for an injunction to restrain such defendant from further continuing so to engage in or operate such business, and, if the court shall find that the defendant is continuing to engage in such business without an unsuspended and unrevoked license, the court shall issue an injunction to restrain such defendant from continuing to engage in or to operate such business without such license.”

Sec. 15.

That section 14 of the Perishable Agricultural Commodities Act, 1930, is hereby amended to read as follows:

“Sec. 14.

Inspectors authorized to certify condition of commodities.

The Secretary is hereby authorized, independently and in cooperation with other branches of the Government, State, or municipal agencies, and/or any person, whether operating in one or more jurisdictions, to employ and/or license inspectors to inspect and certify, without regard to the filing of a complaint under this Act, to any interested person the class, quality and/or condition of any lot of any perishable agricultural commodity when offered for

Payment for services.

interstate or foreign shipment or when received at places where the Secretary shall find it practicable to provide such service, under such 589rules and regulations as he may prescribe, including the payment of such fees and expenses as will be reasonable and as nearly as may be cover the cost for the service rendered: Provided, That fees for

Provisos.

Disposition of inspectors’ collections.

inspections made by a licensed inspector, less the percentage thereof which he is allowed by the terms of his contract of employment with the Secretary as compensation for his services, shall be deposited into the Treasury of the United States as miscellaneous receipts; and fees for inspections made by an inspector acting under a cooperative agreement with a State, municipality, or other person shall be disposed of in accordance with the terms of such agreement: Provided further,

Inspector’s travel expenses.

That expenses for travel and subsistence incurred by inspectors shall be paid by the applicant for inspection to the disbursing clerk of the United States Department of Agriculture to be credited to the appropriation for carrying out the purposes of this Act: And provided further,

Inspection certificates to be prima-facie evidence in U.S. courts.

That certificates issued by such inspectors shall be received in all courts of the United States and in all proceedings under this Act as prima-facie evidence of the truth of the statements therein contained.”

Approved, April 13, 1934.

Authorizing the Reconstruction Finance Corporation to make loans to nonprofit corporations for the repair of damages caused by floods or other catastrophes, and for other purposes. 1934-04-13 121 Chapter 48 Stat. 589 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 121.]

AN ACT Authorizing the Reconstruction Finance Corporation to make loans to nonprofit corporations for the repair of damages caused by floods or other catastrophes, and for other purposes.

April 13, 1934.

[H. R. 7599.]

[Public, No. 160.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Reconstruction

Emergency aid for property damaged by flood, earthquake, etc.

Loans authorized to nonprofit corporations.

Finance Corporation is authorized and empowered, through such existing agency or agencies as it may designate, to make loans to nonprofit corporations, with or without capital stock, organized for the purpose of financing the acquisition of home or building sites in replacement of sites formerly occupied by buildings where such sites are declared by public authority to be unsafe by reason of flood, danger of flood, or earthquake, and for the purpose of financing the repair or construction of buildings or structures, or water, irrigation, gas, electric, sewer, drainage, flood-control, communication, or transportation systems, damaged or destroyed by earthquake, conflagration, tornado, cyclone, or flood in the year 1933, and in the months of January and February 1934, and deemed by the Reconstruction Finance Corporation to be economically useful or necessary.

Obligations accepted hereunder shall be collateraled—

Collateral obligations.

Loans on private property.

(a) In case of loans for the acquisition, repair, or reconstruction of private property, by the obligations of the owner of such property, secured by a paramount lien except as to taxes and special assessments on the property to be acquired, repaired, or reconstructed, or on other property of the borrowers; (b) In case of loans for the repair or reconstruction of privately

Privately-owned public utilities, etc.

owned water, gas, electric, communication, or transportation systems, by the obligations of the owners of such water, gas, electric, communication, or transportation systems, secured by a lien thereon; and (c)

In case of loans for the repair or reconstruction of property of

Property of municipalities, etc.

municipalities or political subdivisions of States or of their public agencies, including public-school boards and public-school districts, and water, irrigation, sewer, drainage, and flood-control districts, by an obligation of such municipality, political subdivision, public agency, board, or district, payable from any source, including taxation or tax-anticipation warrants.

590

Loans for replacement of land rendered unsafe by flood, etc.

In any case in which any such loan is made, in whole or in part, for the acquisition of land in replacement of land privately owned and declared by public authority to be unsafe by reason of flood,

Condition.

danger of flood, or earthquake, such unsafe property shall be conveyed by the owner thereof, without cost, to the county, municipality, or district in which such property is situated.

Aid not denied because of legal, etc., inhibitions.

The corporation shall not deny otherwise acceptable applications for loans for repair or reconstruction of buildings or structures, or water, irrigation, gas, electric, sewer, drainage, flood control, communication, or transportation systems of municipalities, political subdivisions, public agencies, boards, or districts because of constitutional

Maturities.

or other legal inhibitions affecting the collateral. The collateral obligations shall have maturities not exceeding ten years in case of loans made under paragraph (a) of this Act and not exceeding twenty years in case of loans under paragraphs (b) and (c) of this Act.

Rules to be prescribed.

The corporation shall prescribe such regulations as will most effectively expedite the repair and construction provided for by this Act and effectively carry out the emergency-relief purposes of this Act.

Aggregate amount authorized.

The aggregate of loans made under this Act shall not exceed $5,000,000.

Approved, April 13, 1934.

To authorize the revision of the boundaries of the Fremont National Forest in the State of Oregon. 1934-04-14 138 Chapter 48 Stat. 590 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 138.]

AN ACT To authorize the revision of the boundaries of the Fremont National Forest in the State of Oregon.

April 14, 1934.

[S. 1983.]

[Public, No. 161.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Fremont National Forest, Oreg.

Boundaries revised.

That the President of the United States be, and hereby is, authorized to revise the boundaries of the Fremont National Forest in the State of Oregon so as to include within that national forest, subject to valid existing claims, such lands within the State of Oregon as he considers desirable for the production of timber, the protection of stream flow, and/or the regulation and improvement of the grazing resources:

Provisos.

Limitation on extension.

Provided, That the boundaries of said national forest shall not be extended more than six miles from the present boundaries thereof or from the north boundary of the Modoc National Forest: And provided further,

Area under national forest status.

That the lands of the United States which may be given a national-forest status under the provisions of this Act shall not exceed two hundred and fifty thousand acres. All lands

Administrative provisions.

included within the boundaries of the Fremont National Forest under authority of this Act shall thereupon become subject to all laws relating to the national forests.

Approved, April 14, 1934.

Limiting the operation of sections 109 and 113 of the Criminal Code and section 190 of the Revised Statutes of the United States with respect to counsel in the case of United States of America against Weirton Steel Company and other cases. 1934-04-14 139 Chapter 48 Stat. 590 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 139.]

AN ACT Limiting the operation of sections 109 and 113 of the Criminal Code and section 190 of the Revised Statutes of the United States with respect to counsel in the case of United States of America against Weirton Steel Company and other cases.

April 14, 1934.

[S. 3209.]

[Public, No. 162.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Weirton Steel Company, etc.

Operation of existing law waived with respect to counsel in prosecuting case against.

Vol. 35, pp. 1107,1109.

U.S.C., pp. 474, 475.

R.S., sec. 190, p. 30.

U.S.C., p. 35.

99), or in any other Act of Congress forbidding officers or employees or former officers or employees of the United States from acting as counsel, attorney, or agent for another before any court, department, or branch of the Government or from receiving or agreeing to receive compensation therefor, shall be deemed to apply to attorneys or counselors to be specially employed, retained, or appointed by the Attorney General or under authority of the Department of Justice to assist in the prosecution of the case of United States of America against Weirton Steel Company, and/or any other case or cases, civil or criminal, involving said company, its officers or agents, arising under the National Industrial Recovery Act or any code of fair competition adopted pursuant thereto.

Approved, April 14, 1934.

Authorizing necessary funds to conduct investigation regarding rates charged for electrical energy and to prepare report thereon. 1934-04-14 140 Chapter 48 Stat. 591 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 140.]

JOINT RESOLUTION Authorizing necessary funds to conduct investigation regarding rates charged for electrical energy and to prepare report thereon.

April 14, 1934.

[S. J. Res. 74.]

[Pub. Res., No. 18.]

Whereas accurate and comprehensive information regarding the rates charged for electrical energy and its service to residential,

Electrical energy.

rural, commercial, and industrial consumers throughout the United States is required by the Congress and other governmental agencies; and Whereas no compilation of such rates and charges has been made by any official body: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Federal Power

Rate investigation by Federal Power Commission directed.

Commission be, and it is hereby authorized and directed to investigate and compile the rate charged for electric energy and its service to residential, rural, commercial, and industrial consumers throughout the United States by private and municipal corporations and to report such rates, together with an analysis thereof, to the Congress

Report to Congress.

at the earliest practicable date.

Sec. 2. That for the purposes of this investigation the Federal

Records of State public service commissions to be utilized.

Power Commission is authorized and directed to utilize, as far as may be practicable, information relating to electric rates and rate schedules filed with the public service commissions of the several States and shall have power to require, by general or special orders, corporations engaged in the sale of electricity to file with the Commission, in such form as the Commission may prescribe, schedules of

Powers to require filing of rate schedules, reports, and answers.

rates charged to all classes of consumers and to submit to the Commission reports, or answers in writing to specific questions, furnishing such information as the Commission may require relative to the sale of electrical energy and its service to consumers. Such reports

Other information.

and answers shall be made under oath, or otherwise, as the Commission may prescribe, and shall be filed with the Commission within such reasonable period as the Commission may prescribe, unless additional time be granted in any case by the Commission. The

Examination of records of sales, etc.

Commission, or its duly authorized agent, or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence relative to the sale of electrical energy or its service to consumers by any corporation engaged in the sale of electricity.

Sec. 3. That the President of the United States is hereby authorized

Funds available for expenses.

to make available from the funds which have been or may be 592appropriated for expenditure subject to his discretion the amount which, in his judgment, is necessary for the purposes of this investigation and preparation of a report.

Approved, April 14, 1934.

To amend section 586c of the Act entitled “An Act to amend subchapter 1 of chapter 18 of the Code of Laws for the District of Columbia relating to degree-conferring institutions”, approved March 2, 1929. 1934-04-16 143 Chapter 48 Stat. 592 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 143.]

AN ACT To amend section 586c of the Act entitled “An Act to amend subchapter 1 of chapter 18 of the Code of Laws for the District of Columbia relating to degree-conferring institutions”, approved March 2, 1929.

April 16, 1934.

[S. 193.]

[Public, No. 163.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia Code amendment.

Vol. 45, p. 1504.

That section 586c of the Act entitled “An Act to amend subchapter 1 of chapter 18 of the Code of Laws for the District of Columbia relating to degree-conferring institutions”, approved March 2, 1929, be, and the same is hereby, amended by adding at the end of such section the following:

Degree conferring institutions maintained abroad.

Restriction on use of certain words in names of, removed.

“Provided, That no institution heretofore incorporated under the provisions of this Act, and carrying on its work exclusively in any foreign country with the consent and approval of the Government thereof, shall if otherwise entitled to be licensed by the Board of Education, be denied the same solely because of the inclusion in its name and as descriptive of its origin of any of the specific words the use of which is by this section forbidden to incorporations under the provisions of this Act.”

Approved, April 16, 1934.

To amend the Code of Law for the District of Columbia. 1934-04-16 144 Chapter 48 Stat. 592 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 144.]

AN ACT To amend the Code of Law for the District of Columbia.

April 16, 1934.

[S. 1820.]

[Public, No. 164.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia Code amendment.

Compensation insurance regulation.

That subchapter 5 of chapter XVIII of the Code of Law for the District of Columbia be amended by adding thereto a new paragraph reading as follows:

Rates, etc., to be filed with Superintendent of Insurance.

“Every insurance corporation or association authorized to transact business in the District of Columbia, which insures employers against liability for compensation under the Employees’ Compensation Act, shall file with the Superintendent of Insurance its manual of classifications and underwriting rules, together with basic rates for each class, and also merit rating plans designed to modify the class rates, none of which shall take effect until the Superintendent of Insurance

Approval required.

shall have approved the same as adequate and reasonable for

Withdrawal of approval.

the group of risks to which they respectively apply. The Superintendent of Insurance may withdraw his approval of any premium rate or schedule made by any insurance corporation or association, if, in his judgment, such premium rate or schedule is inadequate or

Provisos.

Petition for review.

unreasonable: Provided, That upon petition of the company or association or any other party aggrieved the opinion of the Superintendent of Insurance shall be subject to review by the Supreme Court

Time for filing.

of the District of Columbia: Provided further, That any petition for review shall be filed with said court within thirty days after the rendition of opinion by the Superintendent of Insurance.”

Approved, April 16, 1934.

To amend an Act entitled “An Act to incorporate the Mutual Fire Insurance Company of the District of Columbia”, as amended. 1934-04-16 145 Chapter 48 Stat. 593 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 593 [CHAPTER 145.]

AN ACT To amend an Act entitled “An Act to incorporate the Mutual Fire Insurance Company of the District of Columbia”, as amended.

April 16, 1934.

[S. 2857.]

[Public, No. 165.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That sections 2 to

Mutual Fire Insurance Company of the District of Columbia.

Charter amended.

Vol. 10, p. 836; Vol. 14, p. 32; Vol. 16, p. 80; Vol. 20, p. 132; Vol. 23, p. 155, amended.

9 of the Act entitled “An Act to incorporate the Mutual Fire Insurance Company of the District of Columbia”, approved January 10, 1855 (10 Stat. 836), as amended April 12, 1866 (14 Stat. 32, ch. 41), March 25, 1870 (16 Stat. 80, ch. 35), June 14, 1878 (20 Stat. 132, ch. 195), and July 5, 1884 (23 Stat. 155, ch. 233), are hereby amended to read as follows:

“Sec. 2. The purpose and designs of this corporation shall be to

Purpose and designs.

insure the property of the members thereof against loss or damage by fire, lightning, sprinkler leakage, cyclone, tornado, windstorm, and hail; to insure glass against breakage; to insure the loss of use and occupancy and rents of buildings when such loss is caused by fire, lightning, cyclone, tornado, windstorm, and hail; to insure automobiles and other vehicles, and other property, against loss or damage by fire, theft, transportation, explosion, and collision; to insure against the loss of property by burglary, theft, robbery, larceny, and forgery; to insure against loss or damage by any other hazard upon any risk which is not prohibited by statute or at common law from being the subject of insurance by a fire-insurance company but not including loss or damage by reason of bodily injury to the person, nor shall such corporation do a life-insurance or fidelity or surety business; and to cede and accept reinsurance upon the whole or any part of any risk; and to have and exercise all the general powers of corporations organized under the laws of the District of Columbia, insofar as they relate to mutual fire-insurance companies: Provided, however, That said corporation

Provisos.

To continue a mutual, nonprofit corporation.

shall forever be conducted for the mutual benefit of its members, and not for profit; and, as to its business transacted in the District of Columbia or in any State or other jurisdiction in which it is licensed, shall be subject to all laws of such District, State, or other jurisdiction governing mutual fire-insurance companies.

“Sec. 3. The policies hereafter issued by said corporation shall

Premium payments.

provide for a premium or premium deposit payable in cash without premium note, and, except as herein provided, for a contingent premium at least equal to the premium or premium deposit: Provided,

Proviso.

Issue of policies without additional contingent liability.

That said corporation may issue policies without additional contingent liability of its members whenever it has a surplus of assets over all its liabilities of $100,000, or more.

“Sec. 4. All persons who shall hereafter insure with said corporation;

Policy holders; who may be.

and their heirs, executors, administrators, and assigns continuing to be insured by said corporation, shall thereby become members thereof during the period they shall remain insured by said corporation and no longer. Any public or private corporation, board, association, or estate may hold policies in the corporation.

Officers of, as agents, etc.

Any officer, director, trustee, or legal representative of such corporation, board, association, or estate may be recognized as acting for or on its behalf for the purpose of membership in this corporation, but shall not be personally liable upon such contract of insurance by reason of acting in such representative capacity. The right of any corporation, board, association, or estate to participate as a member of this corporation is hereby declared to be incidental to the purpose for which such corporation, board, association, or estate is organized and as much granted as the rights and powers expressly conferred.

594

“Sec. 5.

Meetings.

The annual meeting of the members of said corporation shall be held at such time and place as provided in the bylaws. It shall be the duty of the president to call a special meeting of the corporation upon the written request of twenty members. Each member shall have one vote for each risk held by him on all matters properly before any meeting of the members.

“Sec. 6.

Board of directors.

The affairs of said corporation shall be conducted by a board consisting of seven directors or such greater number as may be authorized by the bylaws, selected from the members, to be elected by ballot at annual meetings of the members, for terms not exceeding three years, as fixed by the bylaws, and to continue in office until their successors are chosen. The board of directors shall have full power to make and prescribe such bylaws, rules, and

Bylaws, etc.

regulations as they shall deem needful and proper for the elections herein provided and for the conduct and management of the business, funds, property, and effects of the company, not contrary to this Act or to the laws of the United States, and they shall have power to alter or amend the same as the interests of the company,

Quorum.

in their opinion, may require. Not less than a majority of the directors shall be a quorum to do business, but a less number may

Vacancies.

adjourn from time to time. Vacancies happening in the board may be filled by the remaining directors for the remainder of the term

Officers.

for which they were elected. The board shall choose one of their number as president, and appoint a secretary and treasurer and such other officers as may be necessary for conducting the affairs of said corporation. The persons now acting as managers shall continue as the board of directors until the next annual meeting after the passage of this Act, and thereafter until their successors are duly chosen.

“Sec. 7.

Investments, etc., authorized.

It shall be lawful for said company to invest and reinvest all moneys received by it in such manner, consistent with the laws of the District of Columbia relating to mutual fire-insurance companies, as the directors deem best for the interests of the company, and to acquire, hold, and sell real estate necessary or convenient for the transaction of its corporate business.

“Sec. 8.

Vested rights, etc.

Nothing herein contained shall be construed to affect or impair in any manner whatsoever any vested right or interest in or under any existing contract of the company.

“Sec. 9.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.”

Sec. 2.

Vol. 10, pp. 837–838; Vol. 14, p. 32; Vol. 16, p. 80; Vol. 20, p. 132, repealed.

Sections 10 to 16, inclusive, of the said Act of January 10, 1855 (10 Stat. 836), as amended April 12, 1866 (14 Stat. 32), March 25, 1870 (16 Stat. 80), June 14, 1878 (20 Stat. 132), and July 5, 1884 (23 Stat. 155), and said Act of July 5, 1884 (23 Stat. 155), are hereby repealed.

Approved, April 16, 1934.

To amend sections 3 and 4 of an Act of Congress entitled “An Act for the protection and regulation of the fisheries of Alaska”, approved June 26, 1906, as amended by the Act of Congress approved June 6, 1924, and for other purposes. 1934-04-16 146 Chapter 48 Stat. 594 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 146.]

AN ACT To amend sections 3 and 4 of an Act of Congress entitled “An Act for the protection and regulation of the fisheries of Alaska”, approved June 26, 1906, as amended by the Act of Congress approved June 6, 1924, and for other purposes.

April 16, 1934.

[S. 3022.]

[Public, No. 166.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Alaskan fisheries.

Vol. 34, p. 479; Vol. 43, p. 465, amended.

That section 3 of the Act of Congress entitled “An Act for the protection and regulation of the fisheries of Alaska”, approved June 26, 1906, as amended by the Act of Congress entitled “An Act for the protection 595of the fisheries of Alaska, and for other purposes”, approved June 6, 1924, be, and the same is hereby, amended to read as follows:

“Sec. 3. That it shall be unlawful to erect or maintain any dam,

Restriction on use of fixed obstructions for taking salmon.

barricade, fence, trap, fishwheel, or other fixed or stationary obstruction except for purposes of fish culture, in any of the waters of Alaska at any point where the distance from shore to shore is less than one thousand feet, or within five hundred yards of the mouth of any creek, stream, or river into which salmon run, excepting the

Certain rivers excepted.

Karluk, Ugashik, Kuskokwim, and Yukon Rivers, with the purpose or result of capturing salmon or preventing or impeding their ascent to the spawning grounds, and the Secretary of Commerce is hereby authorized and directed to have any and all such unlawful obstructions removed or destroyed: Provided, however, That the exception

Provisos.

Exception solely for benefit of natives.

hereinabove contained with reference to the Kuskokwim and Yukon Rivers shall be solely for the purpose of enabling native Indians and bona fide permanent white inhabitants along the said rivers to take from said rivers for commercial purposes and for export from

Take of king salmon for commercial purposes under regulations.

the Territory of Alaska king salmon in such manner and such quantities, and at such times as the Secretary of Commerce may, by suitable regulations, from time to time permit: Provided further,

Persons classed as bona fide inhabitants and native Indians.

That no person shall be deemed to be a bona fide permanent inhabitant of the said rivers who has not resided thereon, or within fifty miles thereof for a period of over one year, and that the term i native Indians’ as used herein shall be taken to mean members of the aboriginal races inhabiting Alaska when annexed to the United States, and their descendants of the whole or half blood. For the

Mouth of streams, etc., to be determined.

purposes of this section, the mouth of such creek, stream, or river shall be taken to be the point determined as such mouth by the Secretary of Commerce and marked in accordance with this determination. It shall be unlawful to lay or set any seine or net of any kind within one hundred yards of any other seine, net, or other

Distances required in laying seines, etc.

fishing appliance which is being or which has been laid or set in any of the waters of Alaska, or to drive or to construct any trap or any other fixed fishing appliance within six hundred yards laterally or within one hundred yards endwise of any other trap or fixed fishing appliance.”

Sec. 2.

That section 4 of the Act of Congress entitled “An Act

Vol. 34, p. 479; Vol. 43, p. 466, amended.

for the protection and regulation of the fisheries of Alaska”, approved June 26, 1906, as amended by the Act of Congress entitled “An Act for the protection of the fisheries of Alaska, and for other purposes”, approved June 6, 1924, be, and the same hereby is, amended to read as follows:

“Sec. 4. That it shall be unlawful to fish for, take, or kill any

Fishing, except by hand, etc., or near mouth of stream, etc., unlawful.

salmon of any species or by any means except by hand rod, spear, or gaff in any of the creeks, streams, or rivers of Alaska; or within five hundred yards of the mouth of any such creek, stream, or river over which the United States has jurisdiction, excepting the Karluk,

Excepted rivers.

Ugashik, Yukon, and Kuskokwim Rivers: Provided, That nothing

Provisos.

For local food, etc., excluded.

herein contained shall prevent the taking of fish for local food requirements or for use as dog feed: Provided further, That the

Commercial fishing by natives, etc., in designated waters.

exception hereinabove contained with reference to the Kuskokwim and Yukon Rivers shall be solely for the purpose of enabling native Indians and bona fide permanent white inhabitants along the said rivers to take from said rivers for commercial purposes and for export from the Territory of Alaska king salmon in such manner and such quantities, and at such times as the Secretary of Commerce may, by suitable regulations, from time to time permit: Provided further,

Persons deemed bona fide inhabitants, etc.

That no person shall be deemed to be a bona fide permanent inhabitant of said rivers who has not resided thereon or within fifty 596miles thereof for a period of over one year, and that the term ‘native Indians’ as used herein shall be taken to mean members of the aboriginal races inhabiting Alaska when annexed to the United States, and their descendants of the whole or half blood.”

Approved, April 16, 1934.

Authorizing the Secretary of the Interior to arrange with States or Territories for the education, medical attention, relief of distress, and social welfare of Indians, and for other purposes. 1934-04-16 147 Chapter 48 Stat. 596 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 147.]

AN ACT Authorizing the Secretary of the Interior to arrange with States or Territories for the education, medical attention, relief of distress, and social welfare of Indians, and for other purposes.

April 16, 1934.

[S. 2571.]

[Public, No. 167.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Contracts with States, etc., for the welfare of Indians.

That the Secretary of the Interior is hereby authorized, in his discretion, to enter into a contract or contracts with any State or Territory having legal authority so to do, for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory, through the qualified agencies

Federal expense.

of such State or Territory, and to expend under such contract or contracts moneys appropriated by Congress for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State.

Sec. 2.

Existing facilities to be utilized.

That the Secretary of the Interior, in making any contract herein authorized with any State or Territory, may permit such State or Territory to utilize for the purpose of this Act, existing school buildings, hospitals, and other facilities, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance.

Sec. 3.

Rules, including minimum standards of service, to be established.

That the Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations, including minimum standards of service, as may be necessary and proper for the purpose of carrying the provisions of this Act into

Proviso.

Rating.

effect: Provided, That such minimum standards of service are not less than the highest maintained by the States or Territories with which said contract or contracts, as herein provided, are executed.

Sec. 4.

Annual report to Congress.

That the Secretary of the Interior shall report annually to the Congress any contract or contracts made under the provisions of this Act, and the moneys expended thereunder.

Sec. 5.

Not applicable to Oklahoma.

That the provisions of this Act shall not apply to the State of Oklahoma.

Approved, April 16, 1934.

Extending to the whaling and fishing industries certain benefits granted under section 11 of the Merchant Marine Act, 1920, as amended. 1934-04-16 148 Chapter 48 Stat. 596 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 148.]

JOINT RESOLUTION Extending to the whaling and fishing industries certain benefits granted under section 11 of the Merchant Marine Act, 1920, as amended.

April 16, 1934.

[S. J. Res. 15.]

[Pub. Res., No. 19.]

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

Merchant Marine Act of 1920.

Benefits of construction loan fund provided in, extended to whaling and fishing industries.

Vol. 44, p. 1451; Vol. 45, p. 690; Vol. 46, p. 1059.

U.S.C., Supp. VII, p. 963.

That in the administration of section 11 of the Merchant Marine Act, 1920, as amended (U.S.C., Supp. VII, title 46, sec. 870), the Secretary of Commerce is authorized to extend to citizens of the United States engaged in the whaling and/or fishing industries the same benefits that are authorized by such section, as amended, to be extended to persons citizens of the United States for the construction, outfitting, equipment, reconditioning, remodeling, and improvement of certain vessels. All loans made under authority of this resolution from the construction loan 597fund created by such section, as amended, shall be on the same terms

Terms and conditions.

and subject to the same conditions, limitations, and restrictions as are provided therein, except that such loans shall bear interest at

Interest rate.

the rate of not less than 5¼ per centum per annum, payable annually.

Sec. 2. Any construction, outfitting, equipment, reconditioning,

Limitation as to type of vessels.

remodeling, or improvement of vessels under authority of this resolution shall be only of vessels of a type and kind suitable for use as naval auxiliaries, and shall be in accordance with plans and specifications first approved by the Secretary of the Navy with particular reference to the economical conversion of such vessels into auxiliary naval vessels.

Sec. 3. The term “ citizens of the United States ”, as used in this

Term “citizen” defined.

U.S.C., p. 1530.

resolution, includes a corporation, partnership, or association only if it is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916, as amended (U.S.C., title 46, sec. 802).

Approved, April 16, 1934.

To reduce certain fees in naturalization proceedings, and for other purposes. 1934-04-19 154 Chapter 48 Stat. 597 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 154.]

AN ACT To reduce certain fees in naturalization proceedings, and for other purposes.

April 19, 1934.

[H. R. 3521.]

[Public, No. 168.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the first

Naturalization proceedings.

Vol. 34, p. 600; Vol. 45, p. 1514.

U.S.C., Supp. VII, p. 93.

paragraph of section 13 of the Naturalization Act of June 29, 1906 (34 Stat. 596), as amended (U.S.C., Supp. VII, title 8, sec. 402), is amended to read as follows:

“Sec. 13. That the clerk of each and every court exercising jurisdiction

Designated fees reduced.

in naturalization cases shall charge, collect, and account for the following fees in each proceeding: “(1) For receiving and filing a declaration of intention and the

Declaration of intention; duplicate.

issuing of a duplicate thereof, $2.50; “(2) For making, filing, and docketing a petition for citizenship,

Petition for citizenship; certificate.

and issuing a certificate of citizenship if the issuance of such certificate is authorized by the court, and for the final hearing on the petition, $5.”

Sec. 2. Subdivisions (b) and (c) of section 32 of the Act of

Fees for new or special certificates reduced.

Vol. 45, p. 1515; Vol. 47, p. 165.

U.S.C., Supp. VII, p. 92.

June 29, 1906, and subdivision (a) of section 33 of the Act of June 29, 1906, which were added thereto by section 9 of the Act of March 2, 1929 (45 Stat. 1512), and by section 4 of the Act of May 25, 1932 (47 Stat. 165), as amended (U.S.C., Supp. VII, title 8, sec. 399 b (b) and (c), and sec. 399 c (a)), are amended as follows: Wherever in said subdivisions the words “a fee of $10” occur that shall be amended to read “a fee of $5.”

Sec. 3.

Section 5 of the Act of March 2, 1929 (45 Stat. 1512),

Vol. 45, p. 1513.

U.S.C., Supp. VII, p. 90.

as amended (U.S.C., Supp. VII, title 8, sec. 380 (a)), is amended to read as follows:

“Sec. 5. For every certificate of arrival issued for naturalization

Certificate of arrival.

purposes a fee of $2.50 shall be paid to the Commissioner of Naturalization, which fee shall be paid over to and deposited in the Treasury in the same manner as other naturalization fees.”

Sec. 4. Subdivision (a) of section 32 of the Act of June 29, 1906,

Vol. 45, p. 1515; Vol. 47, p. 165.

U.S.C., Supp. VII, p. 92.

New certificates in lieu of lost.

which was added thereto by section 9 of the Act of March 2, 1929 (45 Stat. 1512), as amended (U.S.C., Supp. VII, title 8, sec. 399(b) (a)), is amended as follows: Wherever in said subdivision the words “a fee of $10” occur they shall be amended to read “a fee of $1”; and by adding at the end thereof the following: “Provided,

Proviso.

No charge to alien veteran.

Vol. 44, p. 654; U.S.C., Supp. VII, p. 87.

That an alien veteran as defined in section 1 of the Act of May 26, 1926 (44 Stat. 654; (U.S.C., Supp. VII, title 8, sec. 241(a)), shall not be required to pay the fee required by this subdivision.”

598

Sec. 5.

Counsel fees.

In all naturalization proceedings in which an alien applying for certificate of citizenship is represented by counsel, there is hereby established a limit of $25 for counsel’s fees, except where legal action before a court requires extended legal service when the court may approve a reasonable fee in excess of $25.

Sec. 6.

Fee for registry, etc.

Vol. 45, p. 1513.

U.S.C., Supp. VII, p. 82.

Subdivision (b) of section 1 of the Act of March 2, 1929 (45 Stat. 1513), as amended (U.S.C., Supp. VII, title 8, sec. 106 (a)(b)), is amended as follows: Whenever in said subdivision the words “a fee of $20” occur they shall be amended to read “a fee of $10”.

Approved, April 19, 1934.

To provide for the reappointment of John C. Merriam as a member of the Board of Regents of the Smithsonian Institution. 1934-04-20 156 Chapter 48 Stat. 598 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 156.]

JOINT RESOLUTION To provide for the reappointment of John C. Merriam as a member of the Board of Regents of the Smithsonian Institution.

April 20, 1934.

[S. J. Res. 70.]

[Pub. Res., No. 20.]

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

Smithsonian Institution.

John C. Merriam reappointed Regent of.

That the vacancy in the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, caused by the expiration of the term of John C. Merriam, of the city of Washington, on December 20, 1933, be filled by the reappointment of the recent incumbent (John C. Merriam) for the statutory term of six years.

Approved, April 20, 1934.

To place the cotton industry on a sound commercial basis, to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, to provide funds for paying additional benefits under the Agricultural Adjustment Act, and for other purposes. 1934-04-21 157 Chapter 48 Stat. 598 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 157.]

AN ACT To place the cotton industry on a sound commercial basis, to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, to provide funds for paying additional benefits under the Agricultural Adjustment Act, and for other purposes.

April 21, 1934.

[H. R. 8402.]

[Public, No. 169.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Regulation of cotton industry.

declaration of policy

Declaration of policy.

That in order to relieve the present acute economic emergency in that part of the agricultural industry devoted to cotton production and marketing by diminishing the disparity between prices paid to cotton producers and persons engaged in cotton marketing and prices of other commodities and by restoring purchasing power to such producers and persons so that the restoration of the normal exchange in interstate and foreign commerce of all commodities may be fostered, and to raise revenue to enable the payment of additional benefits to cotton producers under the Agricultural Adjustment Act—

It is hereby declared to be the policy of Congress to promote the orderly marketing of cotton in interstate and foreign commerce; to enable producers of such commodity to stabilize their markets against undue and excessive fluctuations, and to preserve advantageous markets for such commodity, and to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, and to more effectively balance production and consumption of cotton.

599

period of applicability

Period of applicability.

Sec. 2. The provisions of this Act shall be effective only with

Power of President to extend period.

respect to the crop years 1934–1935, but if the President finds that the economic emergency in cotton production and marketing will continue or is likely to continue to exist so that the application of this Act with respect to the crop year 1935-1936 is imperative in order to carry out the policy declared in section 1, he shall so proclaim, and this Act shall be effective with respect to the crop year 1935–1936. If at any time prior to the end of the crop year 1935–1936,

Termination if emergency has ceased to exist.

the President finds that the economic emergency in cotton production and marketing has ceased to exist, he shall so proclaim, and no tax under this Act shall be levied with respect to cotton harvested after the effective date of such proclamation.

Sec. 3. (a) When the Secretary of Agriculture finds, for the crop

Cotton-ginning tax. Levy of.

year 1935–1936, if the provisions of this Act are effective for such crop year, that two thirds of the persons who have the legal or equitable right as owner, tenant, share-cropper, or otherwise to produce cotton on any cotton farm, or part thereof, in the United States for such crop year favor a levy of a tax on the ginning of cotton in excess of an allotment made to meet the probable market requirements and determines that such a tax is required to carry out

Ascertaining amount of cotton to be allotted,

the policy declared in section 1, the Secretary shall ascertain from an investigation of the available supply of cotton and the probable market requirements the quantity of cotton that should be allotted, in accordance with the policy declared in section 1, for marketing in the channels of interstate and foreign commerce, from production of cotton during the succeeding cotton crop year, exempt from the payment of taxes thereon. (b) The allotment so ascertained shall be proclaimed by the Secretary

Allotment to be proclaimed.

of Agriculture at least sixty days prior to the beginning of such succeeding crop year and shall be apportioned by him as herein provided. (c) For the crop year 1934–1935 ten million bales is hereby fixed

Maximum crop fixed.

as the maximum amount of cotton of the crop harvested in the crop year 1934–1935, that may be marketed exempt from payment of the tax herein levied. Except as provided in section 2, the allotment

Plan effective for 1934–1935.

plan and the tax is hereby declared to be in effect for the crop year 1934–1935.

tax and exemptions

Tax and exemptions.

Sec. 4. (a) There is hereby levied and assessed on the ginning of

Rate of tax; cotton ginned during emergency period.

cotton hereafter harvested during a crop year with respect to which this Act is in effect, a tax at the rate per pound of the lint cotton produced from ginning, of 50 per centum of the average central market price per pound of lint cotton, but in no event less than 5 cents per pound. If the cotton was harvested during a crop year

Cotton ginned after effective period.

with respect to which the tax is in effect, the tax shall apply even if the ginning occurs after the expiration of such crop year. (b) The average central market price, per pound of lint cotton,

Average central market price.

shall be the average price per pound of basis seven-eighths-inch middling spot cotton on the ten spot cotton markets (designated by the Secretary of Agriculture) as determined and proclaimed from time to time by the Secretary of Agriculture. The average central

Determination and proclamation of.

To be basis for determining rate of tax.

market price determined and proclaimed shall be the base for determining the rate of the tax until a different average central market price for lint cotton is determined and proclaimed by the Secretary of Agriculture. 600 (c)

Returns and payment of tax.

Every person ginning any cotton subject to tax under this Act (whether as agent of the owner or otherwise) and every other person liable for tax under this Act shall make monthly returns under oath in duplicate and pay the taxes imposed by this Act to the collector for the district in which the ginning is clone, or to such

Information required.

other person as such collector may direct. Such returns shall contain such information and be made at such times and in such manner as the Commissioner, with the approval of the Secretary of the Treasury, may by regulations prescribe. The tax shall, without assessment by the Commissioner or notice from the collector, be due and payable to the collector at the time so fixed for filing the return.

Penalty for tax delinquency.

If the tax is not paid when due, there shall be added as part of the tax interest at the rate of 1 per centum a month from the time when the tax became due until paid. (d)

Tax inapplicable to cotton harvested during year no allotment proclaimed.

When the Secretary of Agriculture does not proclaim an allotment of cotton for a crop year as provided in section 3 of this Act, the tax shall not apply with respect to cotton harvested during such crop year but shall apply to cotton harvested during the next crop year for which, with the approval of the President, the Secretary makes an allotment under such section. (e)

Tax exemptions.

No tax shall be imposed under this Act with respect to— (1) Cotton harvested by any publicly owned experimental station or agricultural laboratory. (2) An amount of cotton harvested in any crop year from each farm equal to its allotment. (3) Cotton harvested prior to the crop year 1934–1935. (4) Cotton having a staple of one and one half inches in length or longer. (f)

Tax payment postponed on cotton stored by producer.

The tax shall not be collected upon the ginning of cotton which is to be stored by the producer thereof either on the farm or at such other place as may be permitted by regulations prescribed by the Secretary of Agriculture and the Secretary of the Treasury. In

Required when bale tags secured.

such cases, the payment of the tax shall be postponed, but shall be paid at the time when bale tags are secured for such cotton. Bale tags may be secured for any of such cotton at any time after ginning (1) upon the payment to such person as the Commissioner may direct, of the amount of tax which would have been payable at the time of ginning, or (2) upon the surrender of certificates of exemption covering an amount of cotton not less than the amount of such cotton.

Lien until tax paid.

Until bale tags are secured for such cotton, such cotton shall be subject to a lien in favor of the United States for the amount of the tax payable with respect to the ginning of such cotton. The right to postponement of the payment of the tax under this subsection shall be established in accordance with such regulations as the Secretary of Agriculture and the Secretary of the Treasury may prescribe.

Regulations to be prescribed.

The Commissioner, with the approval of the Secretary of the Treasury, shall prescribe regulations providing for stamping the containers of such cotton so as to indicate the time of ginning and the amount of tax payable with respect thereto. (g)

Exemption rights to be evidenced by certificate.

The right to exemption under paragraph (2) of subsection (e) shall be evidenced by a certificate of exemption issued as herein provided, which certificate of exemption shall be conclusive proof of the right to such exemption.

apportionment

Apportionment.

Sec. 5.

Quantity of tax-exempt cotton based on rates of average production.

(a) When an allotment is made, in order to prevent unfair competition and unfair trade practices in marketing cotton in the channels of interstate and foreign commerce, the Secretary of 601Agriculture shall apportion to the several cotton-producing States the number of bales the marketing of which may be exempt from the tax herein levied, which shall be determined by the ratio of the average number of bales produced in each State during the five crop years preceding the passage of this Act to the average number of bales produced in all the States during the same period: Provided,

Proviso.

Minimum allotment.

however, That no State shall receive an allotment of less than two hundred thousand bales of cotton if in any one year of five years prior to this date the production of the State equalled two hundred and fifty thousand bales. It is prima facie presumed that all cotton and its processed products will move in interstate or foreign commerce. (b) The amount allotted to each State (less the amounts allotted

Apportionment o f State allotment among counties.

under section 8) shall be apportioned by the Secretary of Agriculture to the several counties in such State on a basis and ratio, applied to such counties, similar to that set forth in subsection (a), except

Exception.

Tolerance for unusual conditions.

that, for the purposes of this subsection, there shall be excluded from the calculation of the average production of cotton in any county an amount of cotton produced in such county during any crop year or years during which the Secretary of Agriculture finds that production of cotton in such county was reduced so substantially by unusual drought, storm, flood, insect pests, or other uncontrollable natural cause that the inclusion of the cotton produced in such crop year or years would result in an apportionment to such county based upon an abnormally low production of such county, and in such cases the average production shall be calculated on the basis of the crop years and production of the years remaining of the period set forth in subsection (a).

applications for certificates

Applications for certificates.

Sec. 6. A producer of cotton desiring to secure a tax-exemption

Procedure.

certificate may file an application therefor with the agent designated

Post, p. 911.

by the Secretary of Agriculture, accompanied by a statement under oath showing the approximate quantity of cotton produced on the lands presently owned, rented, share-cropped, or controlled by the applicant during a representative period fixed by the Secretary of Agriculture, and also the number of acres of land in said lands in actual cultivation for the three preceding years, and the quantity of cotton, in the best judgment of the applicant, said lands would have produced if all the cultivated land had been planted to cotton. Said application shall state any other facts which may be required by the Secretary of Agriculture. No certificate of exemption shall be

Agreement to comply with terms and conditions required.

issued and no allotment shall be made to any producer unless he agrees to comply with such conditions and limitations on the production of agricultural commodities by him as the Secretary of Agriculture may, from time to time, prescribe to assure the cooperation of

Cooperate, in reduction programs.

Ante, p. 33.

such producer in the reduction programs of the Agricultural Adjustment Administration and to prevent expansion on lands leased by the Government of competitive production by such producer of agricultural commodities other than cotton and the allotment of and certificates of exemption issued to any producer shall be subject to revocation on violation by him of such conditions and limitations, and no criminal penalties shall apply to the violation of this provision.

Sec. 7. (a) The amount of cotton allotted to any county pursuant

Counties to allot to farms within.

to section 5 (b) shall be apportioned by the Secretary of Agriculture to farms on which cotton has been grown within such county. Such 602

To be made on application therefor.

allotments to any farm shall be made upon application therefor and may be made by the Secretary based upon— (1)

Basis, percentage of average production.

A percentage of the average annual cotton production of the farm for a fair representative period; or (2)

Percentage which farm’s full crop would bear to whole county.

By ascertaining the amount of cotton the farm would have produced during a fair representative period if all the cultivated land had been planted to cotton, and then reducing such amount by such percentage (which shall be applied uniformly within the county to all farms to which the allotment is made under this paragraph) as will be sufficient to bring the total of the farm allotments within the county’s allotment; or (3)

Uniform applicability of allotments.

Upon such basis as the Secretary of Agriculture deems fair and just, and will apply to all farms to which the allotment is made under this paragraph uniformly, within the county, on the basis or classification adopted. The Secretary of Agriculture, in determining the manner of allotment to individual farmers, shall provide that the farmers who have voluntarily reduced their cotton acreage shall not be penalized in favor of those farmers who have not done so. (b)

No percentage apportionment after period.

After the crop year 1934–1935 the apportionment shall not be on the basis set out in paragraph (1) of subsection (a) of this section. (c)

Maximum limitation.

The total allotment to farms in each county under this section shall not exceed the approximate number of bales allotted to that county under section 5 (b).

Sec. 8.

Allotment provisions in specified cases modified.

Whenever an allotment is made pursuant to section 3, not to exceed 10 per centum of the number of bales allotted to each State shall be deducted from the number of bales allotted to such State, and allotted in such State— (a)

Where less than ⅓ of cultivation has been in cotton.

To producers of cotton on farms where for the preceding three years less than one third of the cultivated land on such farms has been planted to cotton; (b)

New fields.

To producers of cotton on farms not previously used in cotton production; (c)

Production reduced by drought, etc.

To producers of cotton on farms where, for the preceding five years, normal cotton production has been reduced by reason of drought, storm, flood, insect pests, or other uncontrollable natural cause; and (d)

Producers voluntarily reducing acreage below requirements.

To producers of cotton on farms where, for the preceding three years, acreage theretofore planted to cotton has been voluntarily reduced so that the amount of reduction in cotton production on such farms is greater than the amount which the Secretary finds would have been an equitable reduction applicable to such farms in carrying out a reasonable reduction program.

Allotments considered as additions, etc.

The allotments provided for in this section shall be in addition to the amounts apportioned to the counties under section 5 (b).

exemption certificates

Exemption certificates.

Sec. 9.

Applications therefor.

(a) Exemption certificates shall be issued by the Secretary of Agriculture, upon application therefor, but only upon proof satisfactory to the Secretary that the producer is entitled thereto pursuant

Void if erroneously issued.

to this Act and the regulations thereunder. Any certificate erroneously issued shall be void upon a demand in writing for its return made by the Secretary of Agriculture to the person to whom such certificate was issued. (b)

Manner of evidencing.

The right to a certificate of exemption shall be evidenced in such manner as the Secretary of Agriculture may by regulations prescribe. 603 (c) The certificate of exemption shall specify the amount of cotton

Amount exempted to be stated.

exempt from the tax under section 4 (e) (2). (d) Any and all certificates of exemption may be transferred or

Transfer, etc., allowed.

assigned in whole or in part in such manner as the Secretary of Agriculture may prescribe and shall be issued with detachable coupons or in such other form or forms to be prescribed by the Secretary of Agriculture as will facilitate such transfer or assignment. Any

Penalty provisions.

person who, in violation of the regulations made by the Secretary of Agriculture. (1) secures certificates of exemption or bale tags from another by sharp practices, or (2) speculates in certificates of exemption or bale tags, and any person securing certificates of exemption or bale tags from another person by fraud or coercion shall, upon conviction thereof, be fined not more than $1,000 or sentenced to not more than one year’s imprisonment, or both.

identification of tax-paid or exempt cotton

Identification of tax paid, etc., cotton.

Sec. 10. (a) Upon the payment of the tax on any cotton, or the

Bale tag to be affixed.

surrender of exemption certificates covering cotton, the collector receiving such payment or certificates shall deliver to the person so paying or surrendering an appropriate number of bale tags which shall be affixed to such cotton. (b) All cotton imported from a foreign country (including the

Identifying, etc., imported cotton.

Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and the island of Guam) shall be packed and stamped, tagged, or otherwise identified, in addition to any import stamp indicating inspection at the customhouse, before such cotton is withdrawn therefrom. (c) Every person who, at the time the tax becomes effective in

Holders of lint cotton previously harvested.

any crop year, holds for sale (or use in the manufacture or production of an article intended for sale) any lint cotton in bales harvested during a year with respect to which the tax was not in effect may,

Publicly owned, etc.

upon application within fifteen days after the tax becomes effective, and any publicly owned experimental station or agricultural laboratory may, upon application at the time of ginning cotton harvested by it, receive an appropriate number of bale tags. Such bale tags shall be promptly affixed to the bales of lint cotton so held. (d) In the case of any cotton in existence at the beginning of any

Cotton held by United States, etc.

crop year with respect to which the tax becomes effective and owned, held, or controlled by the United States, or any department or agency thereof, the Commissioner shall supply bale tags therefor free of charge, upon application by the head of the department or agency. Upon application of the Secretary of Agriculture, bale tags shall be

Held in 1933 Cotton Producers’ Pool.

issued free of charge for cotton held in the 1933 Cotton Producers’ Pool. Bale tags issued under this section shall be securely affixed to such cotton.

destruction of means of identification

Destruction of means of identification.

Sec. 11. Every person emptying or breaking any bale stamped,

Requirement on breaking, etc., bale.

tagged, or otherwise identified under the provisions of this Act shall, at the time of emptying or breaking such bale, destroy the bale tag.

regulations by the commissioner Sec. 12. The Commissioner, with the approval of the Secretary

Regulations to be prescribed.

of the Treasury, shall prescribe (a) regulations with respect to the time and manner of applying for, issuing, affixing, and destroying bale tags, and the method of accounting for receipts from the sale of and for the use of such bale tags, and (b) such other regulations as 604he shall deem necessary for the enforcement of the taxing provisions of this Act.

information returns Sec. 13.

Furnishing information upon demand.

(a) All persons, in whatever capacity acting, including producers, ginners, processors of cotton, and common carriers, having information with respect to cotton produced, may be required to make a return in regard thereto, setting forth the amount of cotton delivered, the name and address of the person who delivered said cotton, the amount of lint cotton produced therefrom, and any other and further information which the Commissioner, with the approval of the Secretary of the Treasury and the Secretary of Agriculture, shall by regulations prescribe as necessary

Accuracy, etc., required.

for the proper administration of the tax. Any person required to make such return shall render a true and accurate return to the Commissioner. (b)

Penalty for failing to make return.

Any person willfully failing or refusing to file such a return, or filing a willfully false return, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment not exceeding one year, or both.

general and penal provisions

General and penal provisions.

Sec. 14.

Offenses under Revenue Act of 1926.

Vol. 44, p. 99.

(a) All provisions of law, including penalties, applicable with respect to the taxes imposed by section 800 of the Revenue Act of 1926, shall, insofar as applicable and not inconsistent with the provisions of this Act, be applicable with respect to taxes imposed by this Act. (b)

Lint cotton.

Transporting, beyond county without bale tag.

Except as may be permitted by regulations prescribed by the Commissioner, with the approval of the Secretary of the Treasury, with due regard for the protection of the revenue, no person shall: (1) Transport, except for storing or warehousing, under the provisions of section 4 (f) beyond the boundaries of the county where

Trading, etc., in, without tag.

produced any lint cotton to which a bale tag issued under this Act is not attached; or (2) sell, purchase, or open any bale of lint cotton to which a bale tag issued under this Act is not attached. (c)

Exporting seed cotton to any United States possession or to a foreign country.

No seed cotton harvested during a crop year with respect to which the tax is in effect shall be exported from the United States or any possession thereof to which this Act applies to any possession of the United States to which this Act does not apply or to any foreign country. (d)

Penalties.

Failing to pay tax.

Any person who willfully violates any provision of this Act, or who willfully fails to pay, when due, any tax imposed under this Act, or who, with intent to defraud, falsely makes, forges, alters, or counterfeits any bale tag or certificate of exemption made or used under this Act, or who uses, sells, or has in his possession any such

Counterfeiting, etc.

forged, altered, or counterfeited bale tag or certificate of exemption, or any plate or die used, or which may be used in the manufacture thereof, or has in his possession any bale tag which should have been

Undestroyed tags.

destroyed as required by this Act, or who makes, uses, sells, or has

Imitating paper, etc.

in his possession any paper in imitation of the paper used in the manufacture of any such bale tag or certificate of exemption, or who reuses any bale tag required to be destroyed by this Act, or who places any cotton in any bale which has been filled and stamped, tagged, or otherwise identified under this Act, without destroying the bale tag previously affixed to such bale, or who affixes any bale tag issued under this Act to any bale of lint cotton on which any tax

False statements.

due is unpaid, or who makes any false statement in any application for bale tags or certificates of exemption under this Act, or who has 605in his possession any such bale tags or certificates of exemption obtained by him otherwise than as provided in this Act, shall on conviction be punished by a fine not exceeding $1,000, or by imprisonment for not exceeding 6 months, or both. (e) Any person who willfully violates any regulation issued

Violating regulations, etc.

by the Secretary of Agriculture or the Secretary of Agriculture and the Secretary of the Treasury under this Act, for the violation of which a special penalty is not provided, shall, on conviction thereof, be punished by a fine not exceeding $200.

regulations by the secretary of agriculture Sec. 15. (a) The Secretary of Agriculture is authorized to make

Regulations to be made by Secretary of Agriculture.

such regulations as may be necessary to carry out the powers vested in him by the provisions of this Act. (b) The Secretary of Agriculture may make regulations protecting

Protecting sharecroppers and tenants.

the interests of share-croppers and tenants in the making of allotments and the issuance of tax-exemption certificates under this Act.

appropriations authorized Sec. 16. (a) There is hereby authorized to be appropriated such

Appropriations authorized.

Post, p. 805.

sums as may be necessary to carry out the provisions of this Act. (b) Out of the sums available to the Secretary of Agriculture

Available sums under Agricultural Adjustment Act.

Ante, p. 38.

under the Agricultural Adjustment Act, such sums as may be necessary to carry out the provisions of this Act are authorized to be made available. (c) The proceeds derived from the tax are hereby authorized to be

Proceeds from tax.

appropriated to be made available to the Secretary of Agriculture for the purposes of carrying out the cotton program of the Agricultural Adjustment Administration, and for administrative expenses and refunds of taxes under this Act.

officers and employees

Officers and employees.

Sec. 17. The Secretary of Agriculture is authorized, in order to

Appointment, without regard to civil service or classification acts.

carry out the provisions of this Act, to appoint, without regard to the provisions of the civil service laws, such officers, agents, and employees, and to utilize such Federal officers and employees, and with the consent of the State, such State and local officers and employees, as he may find necessary, to prescribe their authorities, duties, responsibilities, and tenure and, without regard to the Classification Act of 1923, as amended, to fix the compensation of any officers and employees so appointed, except that rates so fixed shall not exceed the rates of compensation prescribed for comparable duties by such Act, as amended.

purchases and services Sec. 18. The administrative expenses provided for under this Act

Purchases and services.

shall include, among others, expenditures for personal services and rent in the District of Columbia and elsewhere for law books, periodicals, newspapers, and books of reference, for contract stenographic reporting services, and for printing and paper in addition to allotments under the existing law.

collection of taxes Sec. 19. The taxes provided for by this Act shall be collected

Collecting taxes.

Post, p. 805.

by the Commissioner of Internal Revenue under the direction of the Secretary of the Treasury. Taxes collected shall be paid into the Treasury of the United States.

606

refunds

Refunds.

Sec. 20.

None allowed unless claim filed within six months.

(a) No refund of any tax, penalty, or sum of money paid shall be allowed under this Act unless claim therefor is presented within six months after the date of payment of such tax, penalty, or sum. (b)

Procedure, limitations, etc.

No suit or proceeding shall be maintained in any court for the recovery of any tax under this Act alleged to have been erroneously or illegally assessed or collected, or of any penalty claimed to have been collected without authority, or of any sum alleged to have been excessive or in any manner wrongfully collected until a claim for refund or credit has been duly filed with the Commissioner of Internal Revenue, according to the provisions of law in that regard, and the regulations of the Secretary of the Treasury, established in pursuance thereof; but such suit or proceeding may be maintained, whether or not such tax, penalty, or sum has been paid under protest or duress. No suit or proceeding shall be begun before the expiration of six months from the date of filing such claim, unless the Commissioner renders a decision therein within that time, nor after the expiration of two years from the date of the payment of such tax, penalty, or sum, unless such suit or proceeding is begun within two years after the disallowance of the part of such

Notice to be sent.

claim to which such suit or proceeding relates. The Commissioner shall, within ninety days after any such disallowance, notify the taxpayer thereof by registered mail.

separability of provisions Sec. 21.

Separability of provisions.

If any provision of this Act, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this Act and the applicability of such provision to other persons or circumstances shall not be affected thereby.

geographical application of act Sec. 22.

Geographical application.

The provisions of this Act shall be applicable to the United States and its possessions, except the Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and the island of Guam.

definitions Sec. 23.

Definitions.

As used in this Act— (a)

“Person.”

The term “person” means an individual, a partnership, joint-stock company, a corporation, or a firm. (b)

“ Commissioner.”

The term “Commissioner” means the Commissioner of Internal Revenue. (c)

“Collector.”

The term “collector” means the collector of internal revenue. (d)

“Ginning.”

The term “ginning” means the separation of lint cotton from seed cotton. (e)

“Tax.”

The term “tax” means the tax upon the ginning of cotton imposed by this Act. (f)

“Lint cotton.”

The term “lint cotton” means the fiber taken from seed cotton by ginning. (g)

“Seed cotton.”

The term “seed cotton” means the harvested fruit of the cotton plant. (h)

“Bale tag.”

The term “bale tag” means noncletachable bale tag, stamp, or other means of identifying tax-paid or exempt cotton. (i)

“Crop year.”

The term “crop year” means the period from June 1 of one year to May 31 of the succeeding year, both dates inclusive.

607

The term “bale”, when used in sections 3, 5, 7, and 8 to describe

“Bale.”

a quantity of cotton, means five hundred pounds of lint cotton.

Sec. 24. The Secretary of Agriculture is authorized to develop

Studies in developing new, etc., uses for cotton.

Sum available for.

Ante, p. 38.

new and extended uses for cotton, and for such purpose there is authorized to be made available to the Secretary not to exceed $500,000 out of the funds available to him under section 12 of the Agricultural Adjustment Act.

Approved, April 21, 1934.

To revive and reenact the Act entitled “An Act granting the consent of Congress to Meridian and Bigbee River Railway Company to construct, maintain, and operate a railroad bridge across the Tombigbee River at or near Naheola, Alabama”, approved January 15, 1927. 1934-04-23 158 Chapter 48 Stat. 607 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 158.]

AN ACT To revive and reenact the Act entitled “An Act granting the consent of Congress to Meridian and Bigbee River Railway Company to construct, maintain, and operate a railroad bridge across the Tombigbee River at or near Naheola, Alabama”, approved January 15, 1927.

April 23, 1934.

[S. 3296.]

[Public, No. 170.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act

Tombigbee River.

Act granting consent to bridge, at Naheola, Ala., revived.

Vol. 44, p. 975, amended.

approved January 15, 1927, granting the consent of Congress to the Meridian and Bigbee River Railway Company to construct, maintain, and operate a railroad bridge across the Tombigbee River at or near Naheola, Alabama, be, and the same is hereby, revived and reenacted: Provided, That this Act shall be null and void unless the actual construction

Proviso.

Time limitation.

of the bridge herein referred to be commenced within two years and completed within four years from the date of approval hereof.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 23, 1934.

To authorize payment for the purchase of, or to reimburse States or local levee districts for the cost of, levee rights-of-way for flood-control work in the Mississippi Valley, and for other purposes. 1934-04-23 159 Chapter 48 Stat. 607 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 159.]

AN ACT To authorize payment for the purchase of, or to reimburse States or local levee districts for the cost of, levee rights-of-way for flood-control work in the Mississippi Valley, and for other purposes.

April 23, 1934.

[H. R. 8018.]

[Public, No. 171.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Mississippi Valley flood control.

Payment authorized for purchase of, or to reimburse States, etc., for cost of levee rights-of-way.

Vol. 45, p. 537.

of War is authorized, out of any money available for carrying out the provisions of the Act entitled “An Act for the control of floods on the Mississippi River and its tributaries, and for other purposes”, approved May 15, 1928, to purchase from, or to reimburse States or local levee districts for the cost of, any levee rights-of-way or easements for the building of levees in the Mississippi Valley for which the United States was or is under obligation to pay under the

Past and future cases.

provisions of the Act of May 15, 1928, regardless of whether said States or local levee districts have furnished such rights-of-way in the past and regardless of the conditions under which such levee rights-of-way were furnished, or may be furnished in the future: Provided, That after careful investigation the prices are found to be

Provisos.

Prices to be reasonable.

reasonable: And provided further, That payments or reimbursements for levee rights-of-way or easements conveying the privilege of building levees may be made as soon as they have been acquired in

Payments, etc., as soon as privilege acquired.

conformity with local custom or legal procedure in such matters and to the satisfaction of the Chief of Engineers.

Approved, April 23, 1934.

To authorize boxing in the District of Columbia, and for other purposes. 1934-04-24 161 Chapter 48 Stat. 608 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 608 [CHAPTER 161.]

AN ACT To authorize boxing in the District of Columbia, and for other purposes.

April 24, 1934.

[S. 828.]

[Public, No. 172.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia.

Boxing commission created.

Membership, terms of office, etc.

That (a) there is hereby created for the District of Columbia a boxing commission, to be composed of three members appointed by the Commissioners of the District of Columbia, one of whom shall be a member of the police department of the District of Columbia. No person shall be

Vol. 35, p. 1150; U.S.C., p. 503, amended.

eligible for appointment to membership on the commission unless such person at the time of appointment is and for at least three years prior thereto has been a resident of the District of Columbia. The terms of office of the members of the commission first taking office after the approval of this Act shall expire at the end of two

Filling vacancies.

years from the date of the approval of this Act. A successor to a member of the commission shall be appointed in the same manner as the original members and shall have a term of office expiring two years from the date of the expiration of the term for which his predecessor was appointed, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder

To receive no compensation.

Facilities, clerical assistance, etc., to be provided.

of such term. The members of the commission shall receive no compensation for their services. The Commissioners of the District of Columbia shall furnish to the boxing commission such office space and clerical and other assistance as may be necessary. (b)

Powers and duties.

Subject to the approval of the Commissioners of the District of Columbia, the commission shall have power (1) to cooperate with organizations engaged in the promotion and control of amateur boxing; (2) to supervise and regulate boxing within the District of Columbia; and (3) to make such orders, rules, and regulations, as the commission deems necessary for carrying out the powers herein conferred upon it. (c)

Holding boxing exhibition without permit unlawful.

Terms and conditions for granting.

No person shall hold a boxing exhibition in the District of Columbia without a permit from the commission. Each such permit shall be limited to a period of one day, except that in case of any interscholastic boxing meet or similar contest a permit may be issued for the duration of such meet or contest. No such permit shall be

Right to examine records, etc.

issued to any person unless such person agrees to accord to the commission the right to examine the books of accounts and other records of such person relating to the boxing exhibition for which such permit is issued, and such permit shall so state on its face. A permit

Revocation of permit reserved.

may be revoked at any time in the discretion of the commission. (d)

Engaging in exhibition without license forbidden.

No individual shall engage in any boxing exhibition in the District of Columbia without a license from the commission. Such license shall entitle the licensee to engage in boxing exhibitions in the District of Columbia for the period specified therein, and the

Revocation of, for cause.

commission may revoke any such license at any time for violation by the licensee of any order, rule, or regulation of the commission, or for other cause. (e)

Permit or license invalid unless conforming to specified conditions.

Any permit or license issued by the Board shall not be valid for the purpose of holding or engaging in, respectively, any boxing exhibition which does not conform to the following conditions: (1) Such exhibition may consist of one or more bouts; (2) no round shall exceed three minutes; (3) there shall be an interval of one minute between each round and the succeeding round; and (4) each contestant shall use gloves of not less than eight ounces each in weight. 609 (f) The commission may charge for permits and for licenses such

Fees for permits and licenses.

fees as will, in its opinion, defray the cost of issuance thereof and other necessary expenses of the commission. (g) Any person who (1) holds any boxing exhibition in the District

Penalty provisions.

of Columbia without a permit valid and effective at the time, or (2) engages in any boxing exhibition in the District of Columbia without a license valid and effective at the time, or (3) violates any lawful order, rule, or regulation of the commission shall, upon conviction thereof, be fined not more than $1,000 or imprisoned not more than one year, or both. (h) The term “person”, as used in this Act, includes individuals,

Term “person” defined.

partnerships, corporations, and associations.

Approved, April 24, 1934.

To authorize the incorporated city of Juneau, Alaska, to undertake certain municipal public works, including regrading and paving of streets and sidewalks, installation of sewer and water pipes, bridge construction and replacement, construction of concrete bulkheads, and construction of refuse incinerator, and for such purposes to issue bonds in any sum not exceeding $103,000. 1934-04-25 162 Chapter 48 Stat. 609 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 162.]

AN ACT To authorize the incorporated city of Juneau, Alaska, to undertake certain municipal public works, including regrading and paving of streets and sidewalks, installation of sewer and water pipes, bridge construction and replacement, construction of concrete bulkheads, and construction of refuse incinerator, and for such purposes to issue bonds in any sum not exceeding $103,000.

April 25, 1934.

[S. 2811.]

[Public, No. 173.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the incorporated

Juneau, Alaska.

May issue bonds for certain public works.

city of Juneau, Alaska, is hereby authorized and empowered to undertake the municipal public works herein specified and for such purposes to issue bonds in any sum not exceeding $103,000. Said city

Objects specified.

is hereby authorized and empowered to regrade and pave streets and sidewalks and for such purpose to issue bonds in any sum not exceeding $51,400; to install sewer and water pipes and for such purpose to issue bonds in any sum not exceeding $2,750; to construct and replace a bridge and for such purpose to issue bonds in any sum not exceeding $5,000; to construct concrete bulkheads and for such purpose to issue bonds in any sum not exceeding $12,850; to construct a refuse incinerator and for such purpose to issue bonds in any sum not exceeding $25,000; to employ such engineering supervision and pay such overhead expenses as may be necessary in connection with the above-mentioned public works and for such purpose to issue bonds in any sum not exceeding $6,000. All of said public works are to be

Municipal in character.

undertaken in the said city of Juneau, Alaska, except said refuse incinerator, which may be placed without the corporate limits of said city.

Sec. 2. Before said bonds shall be issued a special election shall

Special election to authorize.

be ordered by the common council of the said city of Juneau, at which election the question of whether such bonds shall be issued in the amounts above specified for any or all of the purposes hereinbefore set forth shall be submitted to the qualified electors of said city of Juneau whose names appear on the last assessment roll of said city for municipal taxation. The form of the ballot shall be such

Form of ballot.

that the electors may vote for or against the issuance of bonds for each of the purposes herein specified in the amounts herein authorized. Not less than twenty days’ notice of such election shall be given by

Sufficient notice to be given.

publication thereof in a newspaper printed and published and of general circulation in said city before the day fixed for such election. The registration for such election, the manner of conducting the

Conduct of election.

same, the canvass of the returns of said election shall be, as nearly as practicable, in accordance with the requirements of law in general 610or special elections in said municipality, and said bonds shall be issued for any or all of the purposes herein authorized only upon condition that not less than a majority of the votes cast at such election in said city shall be in favor of the issuance of said bonds for such purpose.

Sec. 3.

Character, etc., of bonds.

Such bonds shall be coupon in form, may bear such date or dates, may be in such denomination or demoninations ¹¹ So in original., may mature in such amounts and at such time or times, not exceeding thirty years from the date thereof, may be payable in such medium of payment and at such place or places, may be sold at either public or private sale, may be redeemable, with or without premium, or nonredeemable, may carry such registration privileges as to either principal and interest, principal only, or both, as shall be prescribed by the common council of said city of Juneau at the time such bonds are authorized to be issued. The bonds shall bear the signatures of the mayor and clerk of the city of Juneau, and shall have impressed

Validity of signatures, etc.

thereon the official seal of said city. In case any of the officers whose signatures or countersignatures appear on the bonds shall cease to be such officers before delivery of such bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until such delivery.

Interest rate, etc.

Said bonds shall bear interest at a rate to be fixed by the common council of the said city of Juneau, not to exceed 6 per centum per annum, payable semiannually, and the bonds shall be sold at not less than the principal amount thereof plus accrued interest.

Sec. 4.

Bonds deemed municipal obligations.

The bonds herein authorized to be issued shall be general obligations of said city of Juneau, payable as to both interest and principal from ad valorem taxes which shall be levied upon all the taxable property within the corporate limits of said city of Juneau in an amount sufficient to pay the interest on and principal of such bonds as and when the same become due and payable.

Sec. 5.

Use of funds restricted.

No part of the funds arising from the sale of said bonds shall be used for any purpose or purposes other than those specified

Sale limitations.

in this Act. Said bonds shall be sold only when and in such amounts as the common council of the city of Juneau shall direct, and the proceeds thereof shall be disbursed for the purposes hereinbefore mentioned and under the orders and directions of said common council from time to time as the same may be required for said purposes.

Sec. 6.

Contracts with United States for bond sale, etc.

Ante, p. 200.

The city of Juneau is hereby authorized to enter into contracts with the United States of America or any agency or instrumentality thereof, under the provisions of the National Industrial Recovery Act and Acts amendatory thereof and Acts supplemental thereto, and revisions thereof, and the regulations made in pursuance thereof, and under any further Acts of the Congress of the United States to encourage public works, for the sale of bonds issued in accordance with provisions of this Act or for the acceptance of a grant of money to aid said town in financing any public works herein authorized; or to enter into contracts with any person or corporation, public or private, for the sale of such bonds; and such contracts may contain such terms and conditions as may be agreed upon by and between the common council of said city of Juneau and the United States of America or any agency or instrumentality thereof or any such purchaser.

Approved, April 25, 1934.

To authorize the incorporated city of Skagway, Alaska, to construct, reconstruct, replace, and install a water-distribution system and for such purpose to issue bonds in any sum not exceeding $40,000. 1934-04-25 163 Chapter 48 Stat. 611 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 611 [CHAPTER 163.]

AN ACT To authorize the incorporated city of Skagway, Alaska, to construct, reconstruct, replace, and install a water-distribution system and for such purpose to issue bonds in any sum not exceeding $40,000.

April 25, 1934.

[S. 2812.]

[Public, No. 174.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the incorporated

Skagway, Alaska.

May issue bonds for water system.

city of Skagway, Alaska is hereby authorized and empowered to construct, reconstruct, replace, and install a water distribution system to replace the system now owned by the city of Skagway and for such purpose to issue bonds in any sum not exceeding $40,000.

Sec. 2. Before said bonds shall be issued a special election shall

Special election to authorize.

be ordered by the common council of the said city of Skagway, at which election the question of whether such bonds shall be issued shall be submitted to the qualified electors of said city of Skagway whose names appear on the last assessment roll of said city for municipal taxation. Not less than twenty days’ notice of such election

Notice to be posted.

shall be given by posting notices of the same in three conspicuous places within the corporate limits of the city of Skagway, Alaska, one of which shall be at the front door of the United States post office. That the registration for such election, the manner of

Conduct of election.

conducting the same, and the canvass of the returns of said election shall be, as nearly as practicable, in accordance with the requirements of law in general or special elections in said municipality and said bonds shall be issued only upon condition that not less than a majority of the votes cast at such election in said city shall be in favor of the issuance of said bonds.

Sec. 3. Such bonds shall be coupon in form, may bear such date

Form, etc., of bonds.

or dates, may be in such denomination or denominations, may mature in such amounts and at such time or times, not exceeding thirty years from the date thereof, may be payable in such medium of payment and at such place or places, may be sold at either public or private sale, may be redeemable, with or without premium, or nonredeemable, may carry such registration privileges as to either principal and interest, principal only, or both, as shall be prescribed by the common council of said city of Skagway at the time such bonds are authorized to be issued. The bonds shall bear the signatures of the mayor and clerk of the city of Skagway, and shall have impressed thereon the official seal of said city. In case any of the

Validity of signatures.

officers whose signatures or countersignatures appear on the bonds shall cease to be such officers before delivery of such bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until such delivery. Said bonds shall bear interest at a rate to be

Interest rate.

fixed by the common council of the said city of Skagway, not to exceed 6 per centum per annum, payable semiannually, and the bonds shall be sold at not less than the principal amount thereof plus accrued interest.

Sec. 4. The bonds herein authorized to be issued shall be general

Bonds to be municipal obligations.

obligations of said city of Skagway, payable as to both interest and principal from ad valorem taxes which shall be levied upon all the taxable property within the corporate limits of said city of Skagway in an amount sufficient to pay the interest on and principal of such bonds as and when the same become due and payable, and, if so provided by the common council of said city of Skagway, may be additionally secured by a direct pledge of all or any part of the revenues of said water-distribution system and any subsequent additions or extensions thereto, remaining after provisions for the payment of the cost of operation and maintenance of said system and 612the cost of such repairs, improvements, and betterments thereto as shall be necessary to keep the same at all times in good repair and working order.

Sec. 5.

Use of funds restricted.

No part of the funds arising from the sale of said bonds shall be used for any purpose or purposes other than those specified

Sale limitations.

in this Act. Said bonds shall be sold only when and in such amounts as the common council of the city of Skagway shall direct, and the proceeds thereof shall be disbursed for the purposes hereinbefore mentioned and under the orders and directions of said common council from time to time as the same may be required for said purposes.

Sec. 6.

Contracts authorized with United States for bond sale.

Ante, p. 200.

The city of Skagway is hereby authorized to enter into contracts with the United States of America or any agency or instrumentality thereof, under the provisions of the National Industrial Recovery Act and acts amendatory thereof and acts supplemental thereto, and revisions thereof, and the regulations made in pursuance thereof, and under any further acts of the Congress of the United States to encourage public works, for the sale of bonds issued in accordance with provisions of this Act or for the acceptance of a grant of money to aid said city in financing any public works herein authorized; or to enter into contracts with any person or corporation, public or private, for the sale of such bonds; and such contracts may contain such terms and conditions as may be agreed upon by and between the common council of said city of Skagway and the United States of America or any agency or instrumentality thereof or any such purchaser.

Approved, April 25, 1934.

To authorize the incorporated town of Wrangell, Alaska, to undertake certain municipal public works, including construction, reconstruction, enlargement, extension, and improvements of its water-supply system; construction of a retaining wall and to back-fill behind same to make a permanent street; and construction, reconstruction, enlargement, extension, and improvements to sewers, and for such purposes to issue bonds in any sum not exceeding $51,000. 1934-04-25 164 Chapter 48 Stat. 612 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 164.]

AN ACT To authorize the incorporated town of Wrangell, Alaska, to undertake certain municipal public works, including construction, reconstruction, enlargement, extension, and improvements of its water-supply system; construction of a retaining wall and to back-fill behind same to make a permanent street; and construction, reconstruction, enlargement, extension, and improvements to sewers, and for such purposes to issue bonds in any sum not exceeding $51,000.

April 25, 1934.

[S. 2813.]

[Public, No. 175.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Wrangell, Alaska.

May issue bonds for specified public works.

That the incorporated town of Wrangell, Alaska, is hereby authorized and empowered to undertake the municipal public works herein specified and for such purposes to issue bonds in any sum not exceeding $51,000. Said town is hereby authorized and empowered to construct, reconstruct, enlarge, extend, or improve its water-supply system and for such purpose to issue bonds in any sum not exceeding $32,000; to construct a retaining wall and to backfill behind same to make a permanent street, and for such purpose to issue bonds in any sum not exceeding $13,000; to construct, reconstruct, enlarge, extend, or improve sewers and for such purpose to issue bonds in any sum not exceeding $6,000.

Sec. 2.

Special election to authorize.

Before said bonds shall be issued a special election shall be ordered by the common council of the said town of Wrangell, at which election the question of whether such bonds shall be issued in the amounts above specified for any or all of the purposes hereinbefore set forth shall be submitted to the qualified electors of said town of Wrangell whose names appear on the last assessment roll of said town for municipal taxation. The form of the ballot shall be such that the electors may vote for or against the issuance of bonds for each of the purposes herein specified in the amounts herein 613authorized. Not less than twenty days’ notice of such election shall

Notice to be posted.

be given by posting notices of the same in three conspicuous places within the corporate limits of the town of Wrangell, Alaska, one of which shall be at the front door of the United States post office. The registration for such election, the manner of conducting the

Conduct of election.

same, and the canvass of the returns of said election shall be, as nearly as practicable, in accordance with the requirements of law in general or special elections in said municipality, and said bonds shall be issued for any or all of the purposes herein authorized only upon condition that not less than a majority of the votes cast at such election in said town shall be in favor of the issuance of said bonds for such purpose.

Sec. 3. Such bonds shall be coupon in form, may bear such date

Form, etc., of bonds.

or dates, may be in such denomination or denominations, may mature in such amounts and at such time or times, not exceeding thirty years from the date thereof, may be payable in such medium of payment and at such place or places, may be sold at either public or private sale, may be redeemable, with or without premium, or nonredeemable, may carry such registration privileges as to either principal and interest, principal only, or both, as shall be prescribed by the common council of said town of Wrangell at the time such bonds are authorized to be issued. The bonds shall bear the signatures of the mayor

Validity of signatures.

and clerk of the town of Wrangell, and shall have impressed thereon the official seal of said town. In case any of the officers whose signatures or countersignatures appear on the bonds shall cease to be such officers before delivery of such bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until such delivery. Said

Interest rate.

bonds shall bear interest at a rate to be fixed by the common council of the said town of Wrangell, not to exceed 6 per centum per annum, payable semiannually, and the bonds shall be sold at not less than the principal amount thereof plus accrued interest.

Sec. 4. The bonds, herein authorized to be issued shall be general

Bonds deemed municipal obligations.

obligations of said town of Wrangell, payable as to both interest and principal from ad valorem taxes which shall be levied upon all the taxable property within the corporate limits of said town of Wrangell in an amount sufficient to pay the interest on and principal of such bonds as and when the same become due and payable. Such of the bonds as may be issued to construct, reconstruct, enlarge, extend, or improve the water-supply system of said town of Wrangell may, if so provided by the common council of said town of Wrangell, be additionally secured by a direct pledge of all or any part of the revenues of said water-supply system and any subsequent additions or extensions thereto, remaining after provision for the payment of the reasonable costs of operation and maintenance of said system and the cost of such repairs, improvements, and betterments thereto as shall be necessary to keep the same at all times in good repair and working order.

Sec. 5. No part of the. funds arising from the sale of said bonds

Use of funds restricted.

shall be used for any purpose or purposes other than those specified in this Act. Said bonds shall be sold only when and in such amounts

Sale limitations.

as the common council of the town of Wrangell shall direct, and the proceeds thereof shall be disbursed for the purposes hereinbefore mentioned and under the orders and directions of said common council from time to time, as the same may be required for said purposes.

Sec. 6. The town of Wrangell is hereby authorized to enter into

Contracts authorized with United States, for bond sale.

contracts with the United States of America or any agency or instrumentality thereof, under the provisions of the National 614

Ante, p. 200.

Industrial Recovery Act and Acts amendatory thereof and Acts supplemental thereto, and revisions thereof, and the regulations made in pursuance thereof, and under any further Acts of the Congress of the United States to encourage public works, for the sale of bonds issued in accordance with provisions of this Act or for the acceptance of a grant of money to aid said town in financing any public works herein authorized; or to enter into contracts with any person or corporation, public or private, for the sale of such bonds; and such contracts may contain such terms and conditions as may be agreed upon by and between the common council of said town of Wrangell and the United States of America or any agency or instrumentality thereof or any such purchaser.

Approved, April 25, 1934.

Making appropriations for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1935, and for other purposes. 1934-04-26 165 Chapter 48 Stat. 614 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 165.]

AN ACT Making appropriations for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1935, and for other purposes.

April 26, 1934.

[H. R. 8471.]

[Public, No. 176.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

War Department appropriations, fiscal year 1935.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1935, and for other purposes, namely:

<num class="centered" value="I">TITLE I—</num> <heading class="inline">MILITARY ACTIVITIES AND OTHER EXPENSES OF THE WAR DEPARTMENT INCIDENT THERETO</heading><sidenote>Military, etc., activities.</sidenote> <appropriations level="small"> <heading>salaries, war department</heading><sidenote>Department salaries.</sidenote> <content> <sidenote>Personal services.</sidenote>For compensation for personal services in the District of Columbia, as follows: <sidenote>Secretary, Assistants, and other personal services.Use of field service funds restricted.Designated offices.</sidenote>Office of Secretary of War: Secretary of War, two Assistant Secretaries of War, and other personal services, $256,611: <proviso>Provided, That no field-service appropriation shall be available for personal services in the War Department except as may be expressly authorized herein.</proviso> Office of Chief of Staff, $196,609. Adjutant General’s office, $1,221,777. For personal services in and without the District of Columbia, to be employed exclusively in assembling, classifying, and indexing the military personnel records of the World War, and for the purchase of necessary supplies and materials used in such work, $86,340. Office of the Inspector General, $24,005. Office of the Judge Advocate General, $95,095. Office of the Chief of Finance, $325,877. Office of the Quartermaster General, $697,739. Office of the Chief Signal Officer, $91,523. Office of the Chief of Air Corps, $195,340. Office of the Surgeon General, $240,763. Office of Chief of Bureau of Insular Affairs, $72,035. <sidenote>Proviso.Draftsmen, etc., payable from other appropriations.</sidenote>Office of Chief of Engineers, $108,296: <proviso>Provided, That the services of skilled draftsmen, civil engineers, and such other services as the Secretary of War may deem necessary may be employed only in the Office of the Chief of Engineers, to carry into effect the various appropriations for rivers and harbors, surveys, and preparation for and the consideration of river and harbor estimates and bills, to be <page identifier="/us/stat/48/615">615</page>paid from such appropriations:</proviso> <proviso>Provided further, That the expenditures<sidenote>Expenditures limited.</sidenote> on this account for the fiscal year 1935 shall not exceed $199,242; the Secretary of War shall each year, in the Budget, report to Congress the number of persons so employed, their duties, and the amount paid to each.</proviso> Office of Chief of Ordnance, $377,037. Office of Chief of Chemical Warfare Service, $45,312. Office of Chief of Coast Artillery, $22,417. National Guard Bureau, War Department, $127,604. In all, salaries, War Department, $4,184,380: <proviso>Provided, That the<sidenote>Proviso.Detail of enlisted men not to be increased.</sidenote> number of enlisted men on duty in the offices of the Chiefs of Ordnance, Engineers, Coast Artillery, Field Artillery, Cavalry, and Infantry on March 5, 1934, shall1 not be increased, and in lieu of enlisted men whose services in such offices shall be terminated for<sidenote>Civilians to fill vacancies.</sidenote> any cause prior to July 1, 1935, their places may be filled by civilians, for the pay of whom, in accordance with the Classification Act of 1923, as amended, subject to such reduction as may be required by other law, the appropriation “Pay, and so forth, of the Army”,<sidenote>Fund available.</sidenote> shall be available.</proviso> In expending appropriations or portions of appropriations, contained<sidenote>Restriction on exceeding average salaries.Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.<ref href="/us/usc/p65/34">U.S.C., p. 65; Supp. VII, p. 34</ref>.</sidenote> in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the Assistant Secretaries of War, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended: <proviso>Provided, That this restriction<sidenote>Proviso.Restriction not applicable to clerical-mechanical service.No reduction in fixed salaries.Vol. 42, p. 1490; <ref href="/us/usc/p66">U.S.C., p. 66</ref>.Transfer to another position without reduction.</sidenote> shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, or (2) to require the reduction in salary of any person whose compensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, (4) to prevent the payment<sidenote>Higher salary rates allowed.</sidenote> of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by<sidenote>If only one position in a grade.</sidenote> other law, or (5) to reduce the compensation of any person in a grade in which only one position is allocated.</proviso> </content> </appropriations> <appropriations level="small"> <heading>contingent expenses, war department</heading> <content> For stationery; purchase of professional and scientific books,<sidenote>Department contingent expenses.</sidenote> law books, including their exchange; books of reference, pamphlets, periodicals, newspapers, maps; typewriting and adding machines, and other labor-saving devices, including their repair and exchange; furniture and repairs to same; carpets, linoleum, filing equipment, photo supplies, towels, ice, brooms, soap, sponges; for the purchase of a passenger-carrying automobile for the official use of the Secretary of War at not to exceed $2,500, including the value of a vehicle exchanged; maintenance, repair, and operation of motor trucks and one motor-propelled passenger-carrying vehicle, to be used only for official purposes; freight and express charges; street-car fares, not exceeding $750; postage to Postal Union countries; and other absolutely necessary expenses, $181,631, of which sum $8,000 shall be available exclusively for the several objects embraced by the appropriation contained in this Act entitled “Contingencies, Military Intelligence Division”, and it shall not be lawful to expend, unless otherwise specifically provided herein, for any bureau, office, or <page identifier="/us/stat/48/616">616</page>branch of the War Department or of the Army having or maintaining an office in the War Department proper, at Washington, District of Columbia, any sum out of appropriations contained in this Act (or accruing thereto) made for the Military Establishment for any of the purposes mentioned or authorized in this paragraph. <sidenote>Printing and binding.</sidenote>For printing and binding for the War Department, its bureaus and offices, and for all printing and binding for the field activities under the War Department, except such as may be authorized in accordance with existing law to be done elsewhere than at the Government <sidenote>Proviso.Medical bulletins.</sidenote>Printing Office, $400,000: <proviso>Provided, That the sum of $3,000, or so much thereof as may be necessary, may be used for the publication, from time to time, of bulletins prepared under the direction of the Surgeon General of the Army, for the instruction of medical officers, when approved by the Secretary of War, and not exceeding <sidenote>For Chief of Engineers.</sidenote>$69,827 shall be available for printing and binding under the direction of the Chief of Engineers.</proviso> </content> </appropriations> <appropriations level="major"> <heading>MILITARY ACTIVITIES</heading><sidenote>Military activities.</sidenote> <appropriations level="small"> <heading>contingencies of the army</heading> <content><sidenote>Army contingencies.</sidenote>For all emergencies and extraordinary expenses, including the employment of translators and exclusive of all other personal services in the War Department or any of its subordinate bureaus or offices in the District of Columbia, or in the Army at large, but impossible to be anticipated or classified, to be expended on the approval or authority of the Secretary of War, and for such purposes as he may deem proper, and for examination of estimates of appropriations and of military activities in the field, $11,650.</content> </appropriations> <appropriations level="intermediate"> <heading>General Staff Corps</heading><sidenote>General Staff Corps.</sidenote> <appropriations level="small"> <heading>contingencies, military intelligence division</heading><sidenote>Military Intelligence Division.</sidenote> <content><sidenote>Contingent expenses.</sidenote>For contingent expenses of the Military Intelligence Division, General Staff Corps, and of the military attaches at the United States embassies and legations abroad, including the purchase of law books, professional books of reference, and subscriptions to newspapers and periodicals; for the hire of interpreters, special agents, and guides, and for such other purposes as the Secretary of War may deem proper, including $5,000 for the actual and necessary expenses <sidenote>Observing operations of foreign armies.</sidenote>of officers of the Army on duty abroad for the purpose of observing operations of armies of foreign states at war, to be paid upon certificates of the Secretary of War that the expenditures were necessary for obtaining military information, $27,500, to be expended under <sidenote>Proviso.Conditions waived.<ref href="/us/rs/s3648/p718">R.S., sec. 3648, p. 718</ref>.<ref href="/us/usc/p1009">U.S.C., p. 1009</ref>.</sidenote>the direction of the Secretary of War: <proviso>Provided, That section 3648, Revised Statutes (U.S.C., title 31, sec. 529), shall not apply to payments made from appropriations contained in this Act in compliance with the laws of foreign countries or their ministerial regulations under which the military attaches are required to operate.</proviso></content> </appropriations> <appropriations level="small"> <heading>army war college</heading><sidenote>Army War College.</sidenote> <content><sidenote>Instruction expenses.</sidenote>For expenses of the Army War College, being for the purchase of the necessary special stationery; textbooks, books of reference, scientific and professional papers, newspapers, and periodicals; <sidenote>Employees, etc.</sidenote>maps; police utensils; employment of temporary, technical, or special services, and expenses of special lecturers; for the pay of employees; and all 1<footnote><num>1</num> So in original.</footnote> for all other absolutely necessary expenses, $57,903.</content> </appropriations> </appropriations> <page identifier="/us/stat/48/617">617</page> <appropriations level="intermediate"> <heading>Adjutant General’s Department</heading><sidenote>Adjutant General’s Department.</sidenote> <appropriations level="small"> <heading>command and general staff school, fort leavenworth, kansas</heading> <content>For the purchase of textbooks, books of reference, scientific and<sidenote>Command and General Staff School, Fort Leavenworth, Kans.</sidenote> professional papers, instruments, and material for instruction; employment of temporary technical, special, and clerical services; and for other necessary expenses of instruction, at the Command and General Staff School, Fort Leavenworth, Kansas, $32,809.</content> </appropriations> <appropriations level="small"> <heading>field exercises</heading> <content>For all expenses required for the conduct of special field exercises,<sidenote>Field exercises.</sidenote> including participation therein by the National Guard and the Organized Reserves, comprising allowances for enlisted men for quarters and rations, movement of materiel, maintenance, and operation of structures and utilities, and any other requisite supplies and services, $156,375.</content> </appropriations> <appropriations level="small"> <heading>welfare of enlisted men</heading><sidenote>Welfare of enlisted men.</sidenote> <content>For the equipment and conduct of school, reading, lunch, and<sidenote>Equipment, etc., of post exchange.</sidenote> amusement rooms, service clubs, chapels, gymnasiums, and libraries, including periodicals and other publications and subscriptions for newspapers, salaries and travel of civilians employed in the hostess and library services, transportation of books and equipment for these services, rental of films, purchase of slides for and making repairs to moving-picture outfits, and for similar and other recreational purposes at training and mobilization camps now established or which may be hereafter established, $31,372.</content> </appropriations> <appropriations level="small"> <heading>travel, military and civil personnel</heading> <content>For mileage, reimbursement of actual traveling expenses, or per<sidenote>Travel, military and civil personnel.</sidenote> diem allowance in lieu thereof, as authorized by law for official travel on military and nonmilitary duty under the War Department, to commissioned officers (including discharged officers to their homes), warrant officers, contract surgeons, and expert accountant, Inspector General’s Department; for transportation of troops, Philippine Scouts, nurses, flying cadets, enlisted men (including discharged enlisted men to their homes or places of enlistment); for transportation of recruits and recruiting parties and of applicants for enlistment between recruiting stations and recruiting depots; and rejected applicants for enlistment; for transportation<sidenote>Dependents, etc.</sidenote> of dependents of officers, warrant officers, and enlisted men as provided by law; for transportation of general, paroled, escaped, and discharged prisoners and persons discharged from Saint Elizabeths Hospital after transfer thereto from the military service to their homes or elsewhere as they may elect, the cost in each case not to be greater than to the place of last enlistment; transportation of cadets and accepted cadets from their homes to the Military Academy and discharged cadets, including reimbursement of traveling expenses; for traveling expenses of civilian witnesses before courts-martial ; for traveling expenses of attendants accompanying remains of military personnel and civilian employees; and for traveling<sidenote>Civilian employees, etc.</sidenote> expenses of civilian employees and other persons under the War Department authorized by law to travel on departmental, military, and nonmilitary duty, $2,522,897, and no other appropriation in this Act shall be available for any expense for or incident to travel of personnel of the Regular Army or civilian employees under the War<sidenote>Restriction on use of funds.</sidenote> Department, except the appropriation “Contingencies of the Army” <page identifier="/us/stat/48/618">618</page>and the appropriations for the National Guard, the Organized Reserves, the Reserve Officers’ Training Corps, citizens’ military training camps, the nonmilitary activities of the Corps of Engineers, and the Panama Canal, and except as may be provided for in the <sidenote>Proviso.Transportation rate.</sidenote>appropriation “Air Corps, Army”: <proviso>Provided, That no appropriation contained in this Act shall be available for the payment of passenger transportation at a rate in excess of the lowest through rate or combination of rates available for the type of transportation used.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Finance Department</heading><sidenote>Finance Department.</sidenote> <appropriations level="small"> <heading>pay, and so forth, of the army</heading><sidenote>Pay, etc., of the Army.</sidenote> <content> <sidenote>Officers.</sidenote>For pay of not to exceed an average of twelve thousand commissioned officers, $28,617,645, no part of which sum shall be available <sidenote>Limitation.</sidenote>after September 30, 1934, for the pay of more than eleven thousand seven hundred and fifty commissioned officers whose original commissions<sidenote>National Guard.</sidenote> are dated prior to June 1, 1934; pay of officers, National <sidenote>Aviation increase.</sidenote>Guard, $100; pay of warrant officers, $1,336,407; aviation increase to commissioned and warrant officers of the Army not to exceed <sidenote>Flights by nonflying officers.</sidenote>$1,579,410, none of which shall be available for increased pay for making aerial flights by nonflying officers above the grade of captain at a rate in excess of $1,440 per annum, which shall be the legal <sidenote>Longevity.</sidenote>maximum rate as to such nonflying officers above the grade of captain; additional pay to officers for length of service, $7,039,844; pay of enlisted men of the line and staff, not including the Philippine<sidenote>Enlisted men.</sidenote> Scouts, $45,946,153; pay of enlisted men of National Guard, <sidenote>Aviation increase.</sidenote>$100; aviation increase to enlisted men of the Army, $457,904; pay of enlisted men of the Philippine Scouts, $945,401; additional pay <sidenote>Retired officers, etc.</sidenote>for length of service to enlisted men, $3,453,300; pay of the officers on the retired list, $9,188,436; increased pay to not to exceed five retired officers on active duty, $5,775; pay of retired enlisted men, <sidenote>Civil service messengers at headquarters.</sidenote>$11,610,000; pay of retired pay clerks, $1,519; pay not to exceed sixty civil-service messengers at not to exceed $1,200 each at headquarters of the several Territorial departments, corps areas, Army and corps headquarters, Territorial districts, tactical divisions and brigades, <sidenote>Contract surgeons, nurses, etc.</sidenote>service schools, camps, and ports of embarkation and debarkation, $64,800; pay and allowances of contract surgeons, $46,148; pay of <sidenote>Rental allowances.</sidenote>nurses, $759,204; pay of hospital matrons, $540; rental allowances, including allowances for quarters for enlisted men on duty where <sidenote>Proviso.No allowance, occupying quarters at permanent station.</sidenote>public quarters are not available, $5,386,786: <proviso>Provided, That during the fiscal year ending June 30, 1935, no rental allowance shall accrue to any officer of the Government in consequence of the provisions <sidenote><ref href="/us/usc/p1187">U.S.C., p. 1187</ref>.</sidenote>found in section 10, title 37, United States Code, while occupying quarters at his permanent station not under the jurisdiction of the service in which serving but which belong to the Government of the United States, or to a corporation the majority of the stock of which is owned by the United States, in excess of the rental rate charged for <sidenote>Subsistence allowances.Loss by exchange.</sidenote>such quarters on March 5, 1934; subsistence allowances, $5,290,521; interest on soldiers’ deposits, $30,000; payment of exchange by officers serving in foreign countries, and when specially authorized by the Secretary of War, by officers disbursing funds pertaining to the War Department, when serving in Alaska, and all foreign money received shall be charged to and paid out by disbursing officers of the Army at the legal valuation fixed by the Secretary of the Treasury,<sidenote>Deducting sums from purchase of discharges.</sidenote> $100; in all, $121,760,093, less $285,000 to be supplied by the Secretary of War for this purpose from funds received during the fiscal year 1935 from the purchase by enlisted men of the Army of <page identifier="/us/stat/48/619">619</page>their discharges, $121,475,093; and the money herein appropriated for “Pay, and so forth, of the Army” shall be accounted for as one<sidenote>Accounted for, as one fund.</sidenote> fund except that no amount in this paragraph specifically limited may be increased:</proviso> <proviso>Provided, That no part of this appropriation<sidenote>Provisos.Detail as military aide restricted.</sidenote> shall be available to pay any officer detailed as a military aide to any civil officer of the United States outside of the War Department except the President:</proviso> <proviso>Provided further, That no appropriation<sidenote>Number of military attaches limited.</sidenote> contained in this Act shall be available for or on account of the maintenance of more than thirty-two military attaches:</proviso> <proviso>Provided further, That no appropriation contained in this Act shall be available<sidenote>Maximum number of bands.</sidenote> for or on account of the maintenance of more than eighty-three bands:</proviso> <proviso>Provided further, That during the fiscal year ending June<sidenote>No addition for furnishing mounts or service as aide.Vol. 35, p. 108.<ref href="/us/rs//s1261/p220">R.S., sec. 1261, p. 220</ref>; <ref href="/us/usc/p196/198">U.S.C., pp. 196, 198</ref>.</sidenote> 30, 1935, no officer of the Army shall be entitled to receive an addition to his pay in consequence of the provisions of the Act approved May 11, 1908 (U.S.C., title 10, sec. 803), or of section 1261 of the Revised Statutes (U.S.C., title 10, sec. 692).</proviso> None of the money appropriated in this Act shall be used to pay<sidenote>Pay forbidden to a retired officer selling supplies to Army.</sidenote> any officer on the retired list of the Army who for himself or for others engages in the selling, contracting for the sale of, negotiating for the sale of, or furnishing to the Army or the War Department any supplies, materials, equipment, lands, buildings, plants, vessels, or munitions. None of the money appropriated in this Act shall<sidenote>To officer retired before 64, employed by parties making sales to Department.</sidenote> be paid to any officer on the retired list of the Army who, having been retired before reaching the age of sixty-four, is employed in the United States or its possessions by any individual, partnership, corporation, or association regularly or frequently engaged in making direct sales of any merchandise or material to the War Department or the Army. No appropriation for the pay of the Army shall be available for<sidenote>Engaged in issuing certain service publications.</sidenote> the pay of any officer or enlisted man on active list of the Army who is engaged in any manner with any publication which is or may be issued by or for any branch or organization of the Army or military association in which officers or enlisted men have membership and which carries paid advertising of firms doing business with the War Department: <proviso>Provided, however, That nothing herein contained<sidenote>Proviso.Exemption.</sidenote> shall be construed to prohibit officers from writing or disseminating articles in accordance with regulations issued by the Secretary of War.</proviso> </content> </appropriations> <appropriations level="intermediate"> <heading>expenses of courts-martial</heading> <content>For expenses of courts-martial, courts of inquiry, military commissions,<sidenote>Courts-martial, etc.</sidenote> retiring boards, and compensation of reporters and witnesses attending same, contract stenographic reporting services, and expenses of taking depositions and securing other evidence for use before the same, $55,000.</content> </appropriations> <appropriations level="small"> <heading>apprehension of deserters, and so forth</heading><sidenote>Deserters, etc., apprehension of.</sidenote> <content>For the apprehension, securing, and delivering of soldiers absent without leave and of deserters, including escaped military prisoners, and the expenses incident to their pursuit; and no greater sum than $25 for each deserter or escaped military prisoner shall, in the discretion of the Secretary of War, be paid to any civil officer or citizen for such services and expenses; for a donation of $10 to prisoner discharged otherwise than honorably upon his release from confinement under court-martial sentence involving dishonorable discharge, $20,000.</content> </appropriations> <page identifier="/us/stat/48/620">620</page> <appropriations level="small"> <heading>finance service</heading><sidenote>Finance Service.</sidenote> <content><sidenote>Pay of clerks, etc.Vol. 46, p. 818.<ref href="/us/usc/p20">U.S.C., Supp. VII, p. 20</ref>.</sidenote>For compensation of clerks and other employees of the Finance Department, including not to exceed $450 for allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a), $966,114.</content> </appropriations> <appropriations level="small"> <heading>claims for damages to and loss of private property</heading><sidenote>Private property damages.</sidenote> <content><sidenote>Payment of claims.</sidenote>For payment of claims not exceeding $500 each in amount for damages to or loss of private property incident to the training, practice, operation, or maintenance of the Army that have accrued, or <sidenote>Proviso.Settlement by General Accounting Office.</sidenote>may hereafter accrue, from time to time, $10,000: <proviso>Provided, That settlement of such claims shall be made by the General Accounting Office, upon the approval and recommendation of the Secretary of War, where the amount of damages has been ascertained by the War Department, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages.</proviso></content> </appropriations> <appropriations level="small"> <heading>claims of officers, enlisted men, and nurses of the army for destruction of private property</heading><sidenote>Destruction of private property of officers, etc.</sidenote> <content><sidenote>Payment of claims for.</sidenote>For the payment of claims of officers, enlisted men, and nurses of the Army for private property lost, destroyed, captured, abandoned, or damaged in the military services of the United States, <sidenote>Vol. 41, p. 1436.<ref href="/us/usc/p989">U.S.C., p. 989</ref>.</sidenote>under the provisions of an Act approved March 4, 1921 (U.S.C.. title 31, secs. 218–222), $15,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Quartermaster Corps</heading><sidenote>Quartermaster Corps.</sidenote> <content><sidenote>Subsistence.Purchase of supplies, for issue as rations.</sidenote>Subsistence of the Army: Purchase of subsistence supplies: For issue as rations to troops, including retired enlisted men when ordered to active duty, civil employees when entitled thereto, hospital matrons, applicants for enlistment while held under observation, general prisoners of war (including Indians held by the Army as prisoners, but for whose subsistence appropriation is not otherwise made), Indians employed by the Army as guides and scouts, and general prisoners at posts; for the subsistence of the masters, officers, crews, and employees of the vessels of the Army Transport Service; hot coffee for troops traveling when supplied with cooked or travel <sidenote>Sales to officers, etc.</sidenote>rations; meals for recruiting parties and applicants for enlistment while under observation; for sales to officers, including members of the Officers’ Reserve Corps while on active duty, and enlisted men <sidenote>Payments.Commutation allowances.</sidenote>of the Army. For payments: Of the regulation allowances of commutation in lieu of rations to enlisted men on furlough, enlisted men when stationed at places where rations in kind cannot be economically issued, including retired enlisted men when ordered to active duty and when traveling on detached duty where it is impracticable to carry rations of any kind, enlisted men selected to contest for places or prizes in department and Army rifle competitions when traveling to and from places of contest, applicants for enlistment, and general prisoners while traveling under orders. For payment of the regulation allowances of commutation in lieu of rations for enlisted men, applicants for enlistment while held under observation, civilian employees who are entitled to subsistence at public expense, and general prisoners while sick in hospitals, to be paid to the surgeon <sidenote>Advertising.Prizes for bakers and cooks.</sidenote>in charge; advertising; for providing prizes to be established by the Secretary of War for enlisted men of the Army who graduate from the Army schools for bakers and cooks, the total amount of such <page identifier="/us/stat/48/621">621</page>prizes at the various schools not to exceed $900 per annum; and for other necessary expenses incident to the purchase, testing, care,<sidenote>Subsistence supplies.</sidenote> preservation, issue, sale, and accounting for subsistence supplies for the Army; in all, $16,000,000: <proviso>Provided, That none of the money<sidenote>Proviso.Oleomargarine restriction.</sidenote> appropriated in this Act shall be used for the purchase of oleomargarine or butter substitutes for other than cooking purposes, except to supply an expressed preference therefor or for use where climatic or other conditions render the use of butter impracticable.</proviso> Regular supplies of the Army: Regular supplies of the Quartermaster<sidenote>Regular quartermaster supplies.</sidenote> Corps, including their care and protection; stoves required for the use of the Army for heating offices, hospitals, barracks, and quarters, and recruiting stations, and United States disciplinary barracks; also ranges, stoves, coffee roasters, and appliances for cooking and serving food at posts in the field and when traveling, and repair and maintenance of such heating and cooking appliances; authorized issues of candles and matches; for post bakery and bake-oven<sidenote>Bakeries, ice, etc.</sidenote> equipment and apparatus; for ice for issue to organizations of enlisted men and offices at such places as the Secretary of War may determine, and for preservation of stores; authorized issues of soap, toilet paper, and towels; for the necessary furniture, textbooks,<sidenote>Furniture, school supplies, etc.</sidenote> paper, and equipment for the post schools and libraries, and for schools for noncommissioned officers; for the purchase and issue of instruments, office furniture, stationery, and other authorized articles for the use of officers’ schools at the several military posts; for purchase of commercial newspapers, market reports, and so forth; for the tableware and mess furniture for kitchens and mess halls, each and all for the enlisted men, including recruits; for forage, salt, and<sidenote>Forage, etc.</sidenote> vinegar for the horses, mules, oxen, and other draft and riding animals of the Quartermaster Corps at the several posts and stations and with the armies in the field, for the horses of the several regiments of Cavalry and batteries of Artillery and such companies of Infantry and Scouts as may be mounted, and for remounts and for the authorized number of officers’ horses, including bedding for the animals; for seeds and implements required for the raising of forage at remount depots and on military reservations in the Hawaiian, Philippine, and Panama Canal Departments, and for labor and expenses incident thereto, including, when specifically authorized by the Secretary of War, the cost of irrigation; for the purchase of implements and hire of labor for harvesting hay on military reservations; for straw for soldiers’ bedding, stationery, typewriters and<sidenote>Stationery, etc.</sidenote> exchange of same, including blank books and blank forms for the Army, certificates for discharged soldiers, and for printing department orders and reports, $2,576,880. Clothing and equipage: For cloth, woolens, materials, and for<sidenote>Clothing, etc.Purchase, manufacture, etc.</sidenote> the purchase and manufacture of clothing for the Army, including retired enlisted men when ordered to active duty, for issue and for sale; for payment of commutation of clothing due to warrant officers of the mine planter service and to enlisted men; for altering and fitting clothing and washing and cleaning when necessary; for<sidenote>Laundries, etc.</sidenote> operation of laundries, existing or now under construction, including purchase and repair of laundry machinery therefor; for the authorized issues of laundry materials for use of general prisoners confined at military posts without pay or allowances, and for applicants for enlistment while held under observation; for equipment and repair of equipment of existing dry-cleaning plants, salvage and sorting storehouses, hat repairing shops, shoe repair shops, clothing repair shops, and garbage reduction works; for equipage, including authorized<sidenote>Equipage, toilet kits, etc.</sidenote> issues of toilet articles, barbers’ and tailors’ material, for use of general prisoners confined at military posts without pay or allow-<page identifier="/us/stat/48/622">622</page>ances and applicants for enlistment while held under observation; issue of toilet kits to recruits upon their first enlistment, and issue of housewives to the Army; for expenses of packing and handling <sidenote>Citizen’s outer clothing.</sidenote>and similar necessaries; for a suit of citizen’s outer clothing and when necessary an overcoat, the cost of all not to exceed $30, to be issued to each soldier discharged otherwise than honorably, to each enlisted man convicted by civil court for an offense resulting in confinement in a penitentiary or other civil prison, and to each enlisted man ordered interned by reason of the fact that he is an <sidenote>Indemnity for destroyed clothing, etc.</sidenote>alien enemy, or, for the same reason, discharged without internment; for indemnity to officers and men of the Army for clothing and bedding, and so forth, destroyed since April 22, 1898, by order of medical officers of the Army for sanitary reasons, $4,207,112, of <sidenote>Fuel.</sidenote>which amount not exceeding $60,000 shall be available immediately for the procurement and transportation of fuel for the service of the fiscal year 1935. <sidenote>Incidental expenses.</sidenote>Incidental expenses of the Army: Postage; hire of laborers in the Quartermaster Corps, including the care of officers’ mounts when <sidenote>Civilian personnel.</sidenote>the same are furnished by the Government; compensation of clerks <sidenote>Living quarters.</sidenote>and other employees of the Quartermaster Corps, including not to exceed $9,325 in the aggregate or $450 for any one person for allowances for living quarters, including heat, fuel, and light, as <sidenote>Vol. 46, p. 818.<ref href="/us/usc/p20">U.S.C., Supp. VII, p. 20</ref>.</sidenote>authorized by the Act of June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a), and clerks, foremen, watchmen, and organist for the <sidenote>Recruiting.</sidenote>United States Disciplinary Barracks, and incidental expenses of <sidenote>Tests, etc.</sidenote>recruiting; for the operation of coffee-roasting plants; for tests and experimental and development work and scientific research to be performed by the Bureau of Standards for the Quartermaster <sidenote>Inspection service.</sidenote>Corps; for inspection service and instruction furnished by the Department of Agriculture which may be transferred in advance; for such additional expenditures as are necessary and authorized by law in the movements and operation of the Army and at military posts, and not expressly assigned to any other departments, <sidenote>Proviso.Average number employed.</sidenote>$3,218,307: <proviso>Provided, That no appropriation contained in this Act shall be available for any expense incident to the employment of an average number of officers, enlisted men, or civilian employees greater than the largest number employed during the fiscal year ended June 30, 1929, in connection with work incident to the assurance of adequate provision for the mobilization of materiel and industrial organizations essential to war-time needs.</proviso> <sidenote>Transportation of troops and supplies.</sidenote>Army transportation: For transportation of Army supplies; of authorized baggage, including packing and crating; of horse equipment; and of funds for the Army; for the purchase or construction, not to exceed $10,000, alteration, operation, and repair of boats and <sidenote>Drayage, etc.</sidenote>other vessels; for wharfage, tolls, and ferriage; for drayage and cartage; for the purchase, manufacture (including both material and labor), maintenance, hire, and repair of pack saddles and <sidenote>Vehicles.</sidenote>harness; for the purchase, hire, operation, maintenance, and repair of wagons, carts, drays, other vehicles, and horse-drawn and motor-propelled passenger-carrying vehicles required for the transportation of troops and supplies and for official military and garrison purposes, maintenance and repair expenditures on motor-propelled vehicles not <sidenote>Travel allowances, National Guard.</sidenote>to exceed $461,812, exclusive of labor; for hire of draft and pack animals; for travel allowances to officers of National Guard on <sidenote>Vol. 31, p. 902; Vol. 42, n. 1021.<ref href="/us/usc/p197">U.S.C., p. 197</ref>.</sidenote>discharge from Federal service as prescribed in the Act of March 2, 1901 (U.S.C., title 10, sec. 751), and to enlisted men of National Guard on discharge from Federal service, as prescribed in amendatory Act of September 22, 1922 (U.S.C., title 10, sec. 752), and to <page identifier="/us/stat/48/623">623</page>members of the National Guard who have been mustered into Federal service and discharged on account of physical disability; in all, $7,702,359, of which amount not exceeding $250,000 shall be<sidenote>Fuel.</sidenote> available immediately for the procurement and transportation of fuel for the service of the fiscal year 1935: <proviso>Provided, That no part<sidenote>Provisos.Purchase of motor vehicles restricted.</sidenote> of this appropriation shall be available for the purchase or exchange of motor-propelled passenger-carrying vehicles except that completely assembled and equipped motor-propelled trucks, including station wagon types, to cost not to exceed $750 each, including the value of any vehicle exchanged, may be purchased out of savings that would accrue to this appropriation and to other appropriations for the fiscal year 1935 under the Quartermaster Corps, and to the appropriation “Travel, Military and Civil Personnel”, from a lessened expense on account of the maintenance of animals, for or on account of the purchase, maintenance, and operation of animal-drawn equipment, or for or on account of rail transportation of persons and materials, owing to the employment of such vehicles:</proviso> <proviso>Provided further,<sidenote>Not available except for salvaging, etc.</sidenote> That, effective January 1, 1935, no appropriation contained in this Act shall be available for any expense of any character, other than as may be incident to salvaging or scrapping, on account of any motor-propelled vehicle procured prior to January 1, 1920, except<sidenote>Exceptions.</sidenote> tractors, ambulances, fire trucks, and vehicles now in use by Reserve Officers’ Training Corps units:</proviso> <proviso>Provided further, That no appropriation<sidenote>Transporting private cars at public expense restricted.</sidenote> contained in this Act shall be available for any expense for or incident to the transportation of privately owned automobiles except on account of the return to the United States of such privately owned automobiles as may have been transported to points outside of the continental limits of the United States at public expense prior to July 14, 1932:</proviso> <proviso>Provided further, That during the fiscal year 1935<sidenote>Transportation costs charged to appropriation from which supplies procured.</sidenote> the cost of transportation from point of origin to the first point of storage or consumption of supplies, equipment, and material in connection with the manufacturing and purchasing activities of the Quartermaster Corps may be charged to the appropriations from which such supplies, equipment, and material are procured.</proviso> </content> </appropriations> <appropriations level="small"> <heading>horses, draft and pack animals</heading><sidenote>Horses, etc.</sidenote> <content>For the purchase of draft and pack animals and horses within<sidenote>Purchase, etc.</sidenote> limits as to age, sex, and size to be prescribed by the Secretary of War for remounts for officers entitled to public mounts, for the<sidenote>Encouraging breeding of riding horses.</sidenote> United States Military Academy, and for such organizations and members of the military service as may be required to be mounted, and for all expenses incident to such purchases (including $69,789 for encouragement of the breeding of riding horses suitable for the Army, in cooperation with the Bureau of Animal Industry, Department of Agriculture, including the purchase of animals for breeding purposes and their maintenance), $219,789.</content> </appropriations> <appropriations level="small"> <heading>barracks and quarters and other buildings and utilities</heading><sidenote>Barracks, quarters, etc.</sidenote> <content>For all expenses incident to the construction, installation, operation,<sidenote>All expenses for construction, maintenance, etc.</sidenote> and maintenance of buildings, utilities, appurtenances, and accessories necessary for the shelter, protection, and accommodation of the Army and its personnel and property, where not specifically provided for in other appropriations, including personal services, purchase and repair of furniture for quarters for officers, warrant officers, and noncommissioned officers, and officers’ messes and wall lockers and refrigerators for Government-owned buildings as may<sidenote>Rentals.</sidenote> be approved by the Secretary of War, care and improvement of <page identifier="/us/stat/48/624">624</page>grounds, flooring and framing for tents, rental of buildings, including not to exceed $900 in the District of Columbia, provided space is not available in Government-owned buildings, and grounds for military<sidenote>Water, roads, etc.</sidenote> purposes and lodgings for recruits and applicants for enlistments, water supply, sewer and fire-alarm systems, fire apparatus, roads, walks, wharves, drainage, dredging channels, purchase of water, disposal of sewage, shooting galleries, ranges for small-arms <sidenote>Target practice, etc.</sidenote>target practice, field, mobile, and railway artillery practice, including flour for paste for marking targets, such ranges and galleries to be open as far as practicable to the National Guard and organized rifle clubs under regulations to be prescribed by the Secretary of War, for <sidenote>Heat and light for quarters, etc.</sidenote>furnishing heat and light for the authorized allowance of quarters for officers, enlisted men, and warrant officers, including retired enlisted men when ordered to active duty, contract surgeons when stationed at and occupying public quarters at military posts, officers of the National Guard attending service and garrison schools, and <sidenote>Recreation buildings.Vol. 32, p. 282.<ref href="/us/usc/p219">U.S.C., p. 219</ref>.</sidenote>for recruits, guards, hospitals, storehouses, offices, the buildings erected at private cost, in the operation of the Act approved May 31, 1902 (U.S.C., title 10, sec. 1346), and buildings for a similar purpose on military reservations authorized by War Department regulations; for sale of fuel to officers; fuel and engine supplies required in the operation of modern batteries at established posts, $9,155,695, and $2,500,000 of this appropriation shall be available immediately for <sidenote>Fuel.</sidenote>the procurement and transportation of fuel for the service of the <sidenote>Provisos.Rent outside District.</sidenote>fiscal year 1935: <proviso>Provided, That not more than $16,000 of the appropriations contained in this Act shall be available for rent of offices outside the District of Columbia in connection with work incident to the assurance of adequate provision for the mobilization of materiel and industrial organizations essential to war-time needs:</proviso> <proviso>Provided further,<sidenote>Rentals for military attaches.</sidenote> That this appropriation shall be available for the rental of offices, garages, and stables for military attaches:</proviso> <proviso>Provided further, <sidenote>Limitation on additional construction.</sidenote>That no part of the funds herein appropriated shall be available for construction of a permanent nature of an additional building or an extension or addition to an existing building, the cost of which <sidenote>Stable rent.</sidenote>in any case exceeds $20,000:</proviso> <proviso>Provided further, That the monthly rental rate to be paid out of this appropriation for stabling any animal shall not exceed $10.</proviso></content> </appropriations> <appropriations level="small"> <heading>sewerage system, fort monroe, virginia</heading><sidenote>Fort Monroe, Va.</sidenote> <content> <sidenote>Wharf, etc.</sidenote>For repair and maintenance of wharf and apron of wharf, including all necessary labor and material therefor, fuel for waiting rooms; water, brooms, and shovels, $20,280; for one third of said sum, to be supplied by the United States, $6,760. <sidenote>Roads, etc.</sidenote>For rakes, shovels, and brooms; repairs to roadway, pavements, macadam, and asphalt block; repairs to street crossings; repairs to street drains, and labor for cleaning roads, $8,469; for two thirds of said sum, to be supplied by the United States, $5,646. <sidenote>Sewers, supplies.</sidenote>For waste, oil, motor and pump repairs, sewer pipe, cement, brick, stone, supplies, and personal services, $6,690; for two thirds of said sum, to be supplied by the United States, $4,460. </content> </appropriations> <appropriations level="small"> <heading>construction and repair of hospitals</heading><sidenote>Hospitals.</sidenote> <content><sidenote>Construction, repair, etc.</sidenote>For construction and repair of hospitals at military posts already established and occupied, including all expenditures for construction and repairs required at the Army and Navy Hospital at Hot Springs, Arkansas, and for the construction and repair of general hospitals and expenses incident thereto, and for additions needed to meet the <page identifier="/us/stat/48/625">625</page>requirements of increased garrisons, and for temporary hospitals in<sidenote>Temporary camp hospitals, etc.</sidenote> standing camps and cantonments; for the alteration of permanent buildings at posts for use as hospitals, construction and repair of temporary hospital buildings at permanent posts, construction and repair of temporary general hospitals, rental or purchase of grounds, and rental and alteration of buildings for use for hospital purposes in the District of Columbia and elsewhere, including necessary temporary quarters for hospital personnel, outbuildings, heating and laundry apparatus, plumbing, water and sewers, and electric work, cooking apparatus, and roads and walks for the same, $429,521.</content> </appropriations> <appropriations level="intermediate"> <heading>Signal Corps</heading><sidenote>Signal Corps.</sidenote> <appropriations level="small"> <heading>signal service of the army</heading><sidenote>Signal Service.</sidenote> <content>Telegraph and telephone systems: Purchase, equipment, operation,<sidenote>Telegraph and telephone systems.Purchase, operation, etc.</sidenote> and repair of military telegraph, telephone, radio, cable, and signaling systems; signal equipment and stores, heliographs, signal lanterns, flags, and other necessary instruments; wind vanes, barometers, anemometers, thermometers, and other meteorological instruments; photographic and cinematographic work performed for the Army by the Signal Corps; motorcycles, motor-driven and other vehicles for technical and official purposes in connection with the construction, operation, and maintenance of communication or signaling systems, and supplies for their operation and maintenance; professional and scientific books of reference, pamphlets, periodicals, newspapers, and maps for use of the Signal Corps and in the office of the Chief Signal Officer; telephone apparatus, including rental and payment for commercial, exchange, message, trunk-line, long-distance, and leased-line telephone service at or connecting any post, camp, cantonment, depot, arsenal, headquarters, hospital, aviation station, or other office or station of the Army, excepting the local telephone service<sidenote>Local exemption.</sidenote> for the various bureaus of the War Department in the District of Columbia, and toll messages pertaining to the office of the Secretary of War; electric time service; the rental of commercial telegraph lines and equipment, and their operation at or connecting any post, camp, cantonment, depot, arsenal, headquarters, hospital, aviation station, or other office or station of the Army, including payment for official individual telegraph messages transmitted over commercial lines; electrical installations and maintenance thereof at military<sidenote>Electrical installations.</sidenote> posts, cantonments, camps, and stations of the Army, fire control, and direction apparatus, and material for Field Artillery; salaries of<sidenote>Civilian employees.</sidenote> civilian employees, including those necessary as instructors at vocational schools; supplies, general repairs, reserve supplies, and other expenses connected with the collecting and transmitting of information for the Army by telegraph or otherwise; experimental investigation,<sidenote>Experimental research, etc.</sidenote> research, purchase, and development or improvements in apparatus, and maintenance of signaling and accessories thereto, including patent rights and other rights thereto, including machines, instruments, and other equipment for laboratory and repair purposes; lease, alteration, and repair of such buildings required for storing or guarding Signal Corps supplies, equipment, and personnel when not otherwise provided for, including the land therefor, the introduction of water, electric light and power, sewerage, grading, roads and walks, and other equipment required, $1,948,997, of which amount<sidenote>Micro-ray investigations.</sidenote> not to exceed $255,796 shall be available immediately and not to exceed $45,000 shall be available exclusively for experimental investigation of the micro-ray.</content> </appropriations> </appropriations> <page identifier="/us/stat/48/626">626</page> <appropriations level="intermediate"> <heading>Air Corps</heading><sidenote>Air Corps.</sidenote> <appropriations level="small"> <heading>air corps, army</heading> <content> <sidenote>Designated purposes.</sidenote>For creating, maintaining, and operating at established flying schools and balloon schools courses of instruction for officers, students, and enlisted men, including cost of equipment and supplies necessary for instruction, purchase of tools, equipment, materials, machines, textbooks, books of reference, scientific and professional papers, instruments, and materials for theoretical and practical <sidenote>Aircraft operation, etc.</sidenote>instruction; for maintenance, repair, storage, and operation of airships, war balloons and other aerial machines, including instruments, materials, gas plants, hangars, and repair shops, and appliances of every sort and description necessary for the operation, construction, or equipment of all types of aircraft, and all necessary spare parts <sidenote>Landing, etc., runways.</sidenote>and equipment connected therewith and the establishment of landing and take-off runways; for purchase of supplies for securing, developing, printing, and reproducing photographs in connection with aerial photography; improvement, equipment, maintenance, and operation of plants for testing and experimental work, and procuring and introducing water, electric light and power, gas, and sewerage, including maintenance, operation, and repair of such utilities at such plants; <sidenote>Helium gas.</sidenote>for the procurement of helium gas; for travel of officers of the Air Corps by air in connection with the administration of this appropriation, including the transportation of new aircraft from factory <sidenote>Civilian employees.</sidenote>to first destination; salaries and wages of civilian employees as may be necessary; transportation of materials in connection with consolidation of Air Corps activities; experimental investigations and purchase<sidenote>Purchase, development, etc., of aircraft.</sidenote> and development of new types of airplanes, helicopters and balloons, accessories thereto, and aviation engines, including plans, drawings, and specifications thereof, and the purchase of letters patent, application for letters patent, licenses under letters patent and applications for letters patent; for the purchase, manufacture, and <sidenote>Balloons.</sidenote>construction of airplanes and balloons, including instruments and appliances of every sort and description necessary for the operation, construction (airplanes and balloons), or equipment of all types of aircraft, and all necessary spare parts and equipment connected therewith, and during the fiscal year 1935, subject to the approval of the Chief of the Air Corps, transfers may be made from this appropriation to the appropriations contained in this Act, entitled “Signal Service of the Army” and “Ordnance Service and Supplies, Army,” for the procurement of aircraft radio equipment and aircraft<sidenote>Marking military airways.</sidenote> armament, respectively; for the marking of military airways where the purchase of land is not involved; for the purchase, manufacture,<sidenote>Special clothing, etc.</sidenote> and issue of special clothing, wearing apparel, and similar equipment for aviation purposes; for all necessary expenses connected with the sale or disposal of surplus or obsolete aeronautical equipment, and the rental of buildings, and other facilities <sidenote>Consulting engineers.</sidenote>for the handling or storage of such equipment; for the services of not more than four consulting engineers at experimental stations of the Air Corps as the Secretary of War may deem necessary, at rates of pay to be fixed by him not to exceed $50 a day for not exceeding fifty days each and necessary traveling expenses; purchase of special apparatus and appliances, repairs and replacements of same used in connection with special scientific medical research in the Air <sidenote>Outside printing plants, etc.</sidenote>Corps; for maintenance and operation of such Air Corps printing plants outside of the District of Columbia as may be authorized in accordance with law; for publications, station libraries, special furniture, supplies and equipment for offices, shops, and laboratories; for special services, including the salvaging of wrecked aircraft, <page identifier="/us/stat/48/627">627</page>$22,396,453: <proviso>Provided, That from the amount herein appropriated<sidenote>Provisos.Designated allotments.Civilian employees.</sidenote> and the amount herein authorized for obligation not to exceed $3,150,206 may be expended for pay of civilian employees other than those employed in experimental and research work; not exceeding $10,000 may be expended for the procurement of helium from<sidenote>Procurement of helium.Ante, p. 564.</sidenote> the Bureau of Mines, of which sum such amounts as may be required may be transferred in advance to that Bureau; not exceeding $3,848,824 may be expended for experimental and research work with airplanes<sidenote>Experimental and research work.</sidenote> or balloons and their equipment, including the pay of necessary civilian employees; not less than $8,486,600, which shall be available immediately, shall be expended for the production or purchase<sidenote>New airplanes, etc.</sidenote> of new airplanes and their equipment, and accessories, of which $6,365,100 shall be available exclusively for combat airplanes, their equipment and accessories; not less than $8,091,089 shall be expended, other than for pay of civilian employees, for aviation fuel and oil<sidenote>Fuel and oil, repairs, etc.</sidenote> and for the repair and maintenance of airplanes and their equipment, spare parts, and accessories, and of such sum not exceeding $155,582, for expenditure for like objects, shall be transferred to the<sidenote>Transfer of funds to National Guard.</sidenote> National Guard subappropriation contained in this Act, entitled “Arms, Uniforms, Equipment, and so forth, for Field Service, National Guard”, on account of seventy-six airplanes of the observation type, which shall be transferred from the Regular Army to the National Guard during the fiscal year 1935; and not more than<sidenote>Settlement of claims.</sidenote> $6,000 may be expended for settlement of claims (not exceeding $250 each) for damages to persons and private property resulting from the operation of aircraft at home and abroad when each claim is substantiated by a survey report of a board of officers appointed by the commanding officer of the nearest aviation post and approved by the Chief of Air Corps and the Secretary of War:</proviso> <proviso>Provided further,<sidenote>Contracts authorized for purchase of airplanes, etc.</sidenote> That in addition to the amounts herein provided for the procurement of new airplanes and for the procurement of equipment, spare parts, and accessories for airplanes, the Chief of the Air Corps when authorized by the Secretary of War, may enter into contracts prior to July 1, 1935, for the procurement of new airplanes and for the procurement of equipment, spare parts, and accessories for airplanes to an amount not in excess of $3,000,000, and his action in so doing shall be deemed a contractual obligation of the Federal Government for the payment of the cost thereof:</proviso> <proviso>Provided further,<sidenote>Sums for incurred obligations.</sidenote> That the sum of $101,560 of the appropriation for Air Corps, Army, fiscal year 1932, shall remain available until June 30, 1935, for the payment of obligations incurred under contracts executed prior to July 1, 1932.</proviso> For an additional amount for the improvement, development, and<sidenote>Additional sums for improvement, etc., of military aviation materiel, etc.</sidenote> augmentation of aviation materiel, and for the training of military aviation personnel, to be immediately available, $5,000,000, of which not less than $3,000,000 shall be expended for the procurement of airplanes and their equipment, spare parts, and accessories for the Regular Army and the National Guard; not to exceed $1,000,000<sidenote>Aviation fuel and oil, repairs, etc.</sidenote> shall be expended for aviation fuel and oil and for the repair and maintenance of airplanes and their equipment and accessories for<sidenote>Other designated expenditures.</sidenote> the training of military aviation pilots; and not to exceed $1,000,000 shall be available for expenditure in the discretion and under the direction of the President, as follows: For airplane accessories for the Regular Army and National Guard; for the investigation and development of a national aviation program, including the employment<sidenote>Personal services, without regard to Classification Act.<ref href="/us/usc/p65/34">U.S.C., p. 65; Supp. VII, p. 34</ref>.</sidenote> of personal services without regard to the Classification Act of 1923, as amended, and all other necessary expenses incident thereto; for the encouragement of development of types of airplanes, airplane engines, and aviation equipment, including the <page identifier="/us/stat/48/628">628</page><sidenote>Technical, etc., information.</sidenote>granting of awards; for compensation (not exceeding $10,000) for information to be obtained from an authoritative source in such form and manner as the President may desire as to geographic, meteorologic and weather conditions in northern latitudes, and for such other purposes related to civil and military aviation as the President may deem proper. </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Medical Department</heading><sidenote>Medical Department.</sidenote> <appropriations level="small"> <heading>army</heading> <subheading>medical and hospital department</subheading> <content><sidenote>Supplies.</sidenote>For the manufacture and purchase of medical and hospital supplies, including disinfectants, for military posts, camps, hospitals, hospital ships and transports, for laundry work for enlisted men and Army nurses while patients in a hospital, and supplies required for mosquito destruction in and about military posts in the Canal Zone; for the purchase of veterinary supplies and hire of veterinary surgeons; for expenses of medical supply depots; for medical care <sidenote>Private treatment.</sidenote>and treatment not otherwise provided for, including care and subsistence in private hospitals of officers, enlisted men, and civilian employees of the Army, of applicants for enlistment, and of prisoners of war and other persons in military custody or confinement, when <sidenote>Proviso.Not applicable, if on furlough.</sidenote>entitled thereto by law, regulation, or contract: <proviso>Provided, That this shall not apply to officers and enlisted men who are treated in private hospitals or by civilian physicians while on furlough; for <sidenote>Contagious, etc., diseases, expenses.</sidenote>the proper care and treatment of epidemic and contagious diseases in the Army or at military posts or stations, including measures to prevent the spread thereof, and the payment of reasonable damages not otherwise provided for for bedding and clothing injured or <sidenote>Insane Filipino soldiers.Vol. 35, p. 122.<ref href="/us/usc/p681">U.S.C., p. 681</ref>.</sidenote>destroyed in such prevention; for the care of insane Filipino soldiers in conformity with the Act of Congress approved May 11, 1908, (U.S.C., title 24, sec. 198); for the pay of male and female nurses, not including the Army Nurse Corps, and of cooks and other civilians employed for the proper care of sick officers and soldiers, under such regulations fixing their number, qualifications, assignments, pay, and allowances as shall have been or shall be prescribed by the Secretary of War; for the pay of civilian physicians employed to examine physically applicants for enlistment and enlisted men and to render other professional services from time to time under proper authority; for the pay of other employees of the Medical Department;<sidenote>Transporting supplies, etc.</sidenote> for the payment of express companies and local transfers employed directly by the Medical Department for the transportation of medical and hospital supplies, including bidders’ samples and water for analysis; for supplies for use in teaching the art of cooking <sidenote>Hot Springs, Ark., hospital.</sidenote>to the enlisted force of the Medical Department; for the supply of Army and Navy Hospital at Hot Springs, Arkansas; for advertising, laundry, and all other necessary miscellaneous expenses of the Medical Department, $1,105,038.</proviso></content> </appropriations> <appropriations level="small"> <heading>hospital care, canal zone garrisons</heading><sidenote>Canal Zone.</sidenote> <content><sidenote>Care of troops at hospitals in.</sidenote>For paying the Panama Canal such reasonable charges, exclusive of subsistence, as may be approved by the Secretary of War for caring in its hospitals for officers, enlisted men, military prisoners, and civilian employees of the Army admitted thereto upon the request <sidenote>Proviso.Subsistence payments.</sidenote>of proper military authority, $40,000: <proviso>Provided, That the subsistence of the said patients, except commissioned officers, shall be paid to said hospitals out of the appropriation for subsistence of the Army at the rates provided therein for commutation of rations for enlisted patients in general hospitals.</proviso></content> </appropriations> <page identifier="/us/stat/48/629">629</page> <appropriations level="small"> <heading>army medical museum</heading><sidenote>Army Medical Museum.</sidenote> <content>For Army Medical Museum, preservation of specimers, and the<sidenote>Preservation, etc., of specimens.</sidenote> preparation and purchase of new specimens, $6,232.</content> </appropriations> <appropriations level="small"> <heading>library, surgeon general’s office</heading><sidenote>Library.</sidenote> <content>For the library of the Surgeon General’s office, including the purchase<sidenote>Purchase of books, etc.</sidenote> of the necessary books of reference and periodicals, $14,300.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Corps of Engineers</heading><sidenote>Engineer Corps.</sidenote> <appropriations level="small"> <heading>engineer service, army</heading> <content>For the design, development, procurement, maintenance, alteration,<sidenote>Equipment, instruments, etc.</sidenote> repair, installation, storage, and issue of engineer equipment, instruments, appliances, supplies, materials, tools, and machinery required in the equipment and training of troops and in military operations,<sidenote>Engineer School.Maintenance, etc.</sidenote> including military surveys and the Engineer School; for the operation and maintenance of the Engineer School, including (a) compensation of civilian lecturers, and (b) purchase and binding of scientific and professional books, pamphlets, papers, and periodicals; for the procurement, preparation, and reproduction of maps and similar<sidenote>Military maps.</sidenote> data for military purposes; for expenses incident to the Engineer service in military operations, including military surveys, and including (a) research and development of improved methods in such operations, (b) the rental of storehouses and grounds within and<sidenote>Rent.</sidenote> outside of the District of Columbia, and (c) repair and alteration<sidenote>Operating, etc., expenses.</sidenote> of buildings; for heat, light, power, water, and communication service, not otherwise provided for; and for the compensation of employees required in these activities, $332,988.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Ordnance Department</heading><sidenote>Ordnance Department.</sidenote> <appropriations level="small"> <heading>ordnance service and supplies, army</heading><sidenote>Ordnance service and supplies.</sidenote> <content>For manufacture, procurement, storage and issue, including<sidenote>Manufacture, issue, etc.</sidenote> research, planning, design, development, inspection, test, alteration, maintenance, repair, and handling of ordnance material together with the machinery, supplies, and services necessary thereto; for<sidenote>Current expenses.</sidenote> supplies and services in connection with the general work of the Ordnance Department, comprising police and office duties, rents, tolls, fuel, light, water, advertising, stationery, typewriting, and computing machines, including their exchange, and furniture, tools, and instruments of service; to provide for training and other incidental expenses of the ordnance service; for instruction purposes, other than tuition; for the purchase, completely equipped, of trucks, and for maintenance, repair, and operation of motor-propelled and horse-drawn freight and passenger-carrying vehicles; for ammunition<sidenote>Ammunition for military salutes.</sidenote> for military salutes at Government establishments and institutions to which the issues of arms for salutes are authorized; for services, material, tools, and appliances for operation of the testing machines and chemical laboratory in connection therewith; for publications<sidenote>Publications.</sidenote> for libraries of the Ordnance Department, including the Ordnance Office, including subscriptions to periodicals; for services of not more than four consulting engineers as the Secretary of War<sidenote>Consulting engineers.</sidenote> may deem necessary, at rates of pay to be fixed by him not to exceed $50 per day for not exceeding fifty days each, and for their necessary traveling expenses, $8,983,936: <proviso>Provided, That of such sum $2,790,000<sidenote>Proviso.Armored tanks, rifles, etc.</sidenote> shall be available exclusively for the procurement of complete combat cars and medium and light tanks, and for the procurement of auto-<page identifier="/us/stat/48/630">630</page>matic rifles, including the purchase or manufacture of gauges, dies, and jigs for use in connection with the production of such rifles, all in addition to such types of procurement as may be made in connection with research and development.</proviso></content> </appropriations> <appropriations level="small"> <heading>rock island bridge, rock island, illinois</heading><sidenote>Rock Island, Ill.</sidenote> <content><sidenote>Operating bridges, etc.</sidenote>For operating, repair, and preservation of Rock Island bridges and viaduct, and maintenance and repair of the arsenal street connecting the bridges, $27,300.</content> </appropriations> <appropriations level="small"> <heading>repairs of arsenals</heading><sidenote>Arsenals.</sidenote> <content><sidenote>Repairs, etc.</sidenote>For repairs and improvements of ordnance establishments, and to meet such unforeseen expenditures as accidents or other contingencies may require, $694,831.</content> </appropriations> <appropriations level="small"> <heading>gauges, dies, and jigs for manufacture</heading><sidenote>Gauges, dies, and jigs.</sidenote> <content><sidenote>Procuring, for armament manufacture.Vol. 39, p. 215.<ref href="/us/usc/p1694">U.S.C., p. 1694</ref>.</sidenote>For the development and procurement of gauges, dies, jigs, and other special aids and appliances, including specifications and detailed drawings, to carry out the purpose of section 123 of the National Defense Act, approved June 3, 1916 (U.S.C., title 50, sec. 78), $70,100.</content> </appropriations> <appropriations level="small"> <heading>chemical warfare service</heading><sidenote>Chemical Warfare Service.</sidenote> <content><sidenote>Purchase, manufacture, etc., of gases.</sidenote>For purchase, manufacture, and test of chemical warfare gases or other toxic substances, gas masks, or other offensive or defensive materials or appliances required for gas-warfare purposes, including all necessary investigations, research, design, experimentation, and operation connected therewith; purchase of chemicals, special scientific<sidenote>Plants, buildings, machinery, etc.</sidenote> and technical apparatus and instruments; construction, maintenance, and repair of plants, buildings, and equipment, and the machinery therefor; receiving, storing, and issuing of supplies, comprising police and office duties, rents, tolls, fuels, gasoline, lubricants, paints and oils, rope and cordage, light, water, advertising, stationery, typewriting and adding machines, including their exchange, office furniture, tools, and instruments; for incidental expenses; for civilian employees; for libraries of the Chemical <sidenote>Organizing, etc., special gas troops.</sidenote>Warfare Service and subscriptions to periodicals; for expenses incidental to the organization, training, and equipment of special gas troops not otherwise provided for, including the training of the Army in chemical warfare, both offensive and defensive, together with the necessary schools, tactical demonstrations, and maneuvers, and ten thousand gas masks, appropriate for training purposes, may be transferred, without reimbursement, to the National Guard for distribution as may be determined by the Chief of the National <sidenote>Current expenses.</sidenote>Guard Bureau; for current expenses of chemical projectile filling plants and proving grounds, including construction and maintenance of rail transportation, repairs, alterations, accessories, building and repairing butts and targets, clearing and grading ranges, $1,257,369.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Chief of Infantry</heading> <appropriations level="small"> <heading>infantry school, fort benning, georgia</heading><sidenote>Infantry school, Fort Benning, Ga.</sidenote> <content><sidenote>Instruction expenses.</sidenote>For the procurement of books, publications, instruments, and materials, and other necessary expenses for instruction at the Infantry School, and for pay of employees at the Infantry School and in the office of the Chief of Infantry, $59,805.</content> </appropriations> </appropriations> <page identifier="/us/stat/48/631">631</page> <appropriations level="intermediate"> <heading>Chief of Cavalry</heading> <appropriations level="small"> <heading>cavalry school, fort riley, kansas</heading><sidenote>Cavalry School, Fort Riley, Kans.</sidenote> <content>For the purchase of textbooks, books of reference, scientific and<sidenote>Instruction expenses.</sidenote> professional papers, instruments, and materials for instruction; employment of temporary, technical, special, and clerical services; and for other necessary expenses of instruction at the Cavalry School, Fort Riley, Kansas, $19,432.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Chief of Field Artillery</heading> <appropriations level="small"> <heading>field artillery instruction activities</heading><sidenote>Field Artillery activities.</sidenote> <content>For the pay of employees, the purchase of books, pamphlets,<sidenote>Instruction expenses.</sidenote> periodicals, and newspapers, procurement of supplies, materials, and equipment for instruction purposes, and other expenses necessary in the operation of the Field Artillery School of the Army, and for the instruction of the Army in Field Artillery activities, $23,718.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Chief of Coast Artillery</heading> <appropriations level="small"> <heading>coast artillery school, fort monroe, virginia</heading><sidenote>Coast Artillery School, Fort Monroe, Va.</sidenote> <content>For purchase of engines, generators, motors, machines, measuring<sidenote>Instruction expenses.</sidenote> and nautical instruments, special apparatus, and materials for experimental purposes for the engineering and artillery and military art departments and enlisted specialists division; for purchase and binding of professional books treating of military and scientific subjects for library, for use of school, and for temporary use in coast defense; for incidental expenses of the school, including chemicals, stationery, printing and binding; hardware; materials; cost of special instruction of officers detailed as instructors; employment of temporary, technical, or special services; for office furniture and fixtures; for machinery; for maintenance, operation, and repair of motor trucks; and unforeseen expenses; in all, $27,262.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Seacoast Defenses</heading><sidenote>Seacoast defenses.</sidenote> <content> For all expenses incident to the preparation of plans and the<sidenote>All expenses of, etc., under specified branches.</sidenote> construction, purchase, installation, equipment, maintenance, repair, and operation of fortifications and other works of defense, and their accessories, including personal services, maintenance of channels to submarine mine wharves, purchase of lands’ and rights-of-way as authorized by law, and experimental, test, and development work, as follows: United States, $668,766; Insular departments, $222,648; Panama Canal, $270,391; In all, $1,161,805. </content> </appropriations> <appropriations level="intermediate"> <heading>United States Military Academy</heading><sidenote>Military Academy.</sidenote> <appropriations level="small"> <heading>pay of military academy</heading><sidenote>Pay, etc.</sidenote> <content>Cadets: For pay of cadets, $867,672: <proviso>Provided, That during the<sidenote>Cadets.Provisos.Army detail, pay restriction.</sidenote> fiscal year ending June 30, 1935, no officer of the Army shall be entitled to receive any increase in pay or allowances because of detail or assignment to duty in any capacity at the Military Academy:</proviso> <proviso>Provided, That the duties of librarian of the United States Military<sidenote>Retired Army officer as librarian.<ref href="/us/rs/s1251/p218">R.S., sec. 1251,p. 218</ref>.</sidenote> Academy may be performed by an officer of the Regular Army <page identifier="/us/stat/48/632">632</page><sidenote><ref href="/us/usc/p204">U.S.C., p. 204</ref>.</sidenote>retired from active service under the provisions of section 1251, Revised Statutes, and detailed on active duty for that purpose.</proviso> Civilians: For pay of employees, $235,706.</content> </appropriations> <appropriations level="small"> <heading>maintenance, united states military academy</heading><sidenote>Maintenance.</sidenote> <content><sidenote>Designated expenses.</sidenote>For text and reference books for instruction; increase and expense of library (not exceeding $6,000); office equipment and supplies; stationery, blank books, forms, printing and binding, and periodicals; diplomas for graduates (not exceeding $1,100); expense of lectures; apparatus, equipment, supplies, and materials for purpose of instruction and athletics, and maintenance and repair thereof; musical instruments and maintenance of band; care and maintenance of organ; equipment for cadet mess; postage, telephones, and telegrams; freight and expressage; for payment of commutation of rations for the cadets of the United States Military Academy in lieu of the regular established ration; maintenance of children’s school (not exceeding $12,200); contingencies for superintendent of the <sidenote>Board of Visitors.</sidenote>academy, to be expended in his discretion (not to exceed $3,500); expenses of the members of the Board of Visitors (not exceeding $1,500); contingent fund, to be expended under the direction of the Academic Board (not exceeding $500); improvement, repair, and maintenance of buildings and grounds (including roads, walls, and fences); shooting galleries and ranges; cooking, heating, and lighting apparatus and fixtures and operation and maintenance thereof; maintenance of water, sewer, and plumbing systems; maintenance of and repairs to cadet camp; fire-extinguishing apparatus; machinery and tools and repairs of same; maintenance, repair, and operation of motor-propelled vehicles; policing buildings and grounds; furniture, refrigerators, and lockers for Government-owned buildings at the academy and repair and maintenance thereof; fuel for heat, light, and power; and other necessary incidental expenses in the discretion of the superintendent; in all, $1,089,882.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Guard</heading><sidenote>National Guard.</sidenote> <appropriations level="small"> <heading>arming, equipping, and training the national guard</heading><sidenote>Arming, etc.</sidenote> <content> <sidenote>Forage, etc.</sidenote>For procurement of forage, bedding, and so forth, for animals used by the National Guard, $585,537. <sidenote>Care of animals, etc.</sidenote>For compensation of help for care of materials, animals, and equipment, $1,810,263. <sidenote>Instruction expenses, etc.</sidenote>For expenses, camps of instruction, field and supplemental training, and including medical and hospital treatment authorized by law, and the hire (at a rate not to exceed $1 per diem), repair, maintenance, and operation of motor-propelled passenger-carrying vehicles, $8,888,440. <sidenote>Service schools, instruction, etc.</sidenote>For expenses, selected officers and enlisted men, military service, schools, including medical and hospital treatment authorized by law, $187,011. <sidenote>Property, etc., officers.</sidenote>For pay of property and disbursing officers for the United States, $73,170. <sidenote>Equipment, etc.</sidenote>For general expenses, equipment, and instruction, National Guard, including medical and hospital treatment authorized by law, and the hire (at a rate not to exceed $1 per diem), repair, maintenance, and operation of motor-propelled passenger- and non-passenger-carrying vehicles, $660,869. <sidenote>Travel, Army officers, etc.</sidenote>For travel of officers, warrant officers, and enlisted men of the Regular Army in connection with the National Guard, $171,880: <page identifier="/us/stat/48/633">633</page><proviso>Provided, That not to exceed $2,000 of this sum shall be expended for<sidenote>Proviso.War Department General Staff.</sidenote> travel of officers of the War Department General Staff in connection with the National Guard.</proviso> For transportation of equipment and supplies, $175,000.<sidenote>Transporting supplies.</sidenote> For expenses of enlisted men of the Regular Army on duty with<sidenote>Army enlisted men, detail.</sidenote> the National Guard, including the hiring of quarters in kind, $283,498. For pay of National Guard (armory drills), $11,756,221: <proviso>Provided,<sidenote>Pay, armory drills.Proviso.Use of naval fund.Ante, p. 407.</sidenote> That the appropriations contained in the Naval Appropriation Act for the fiscal year 1935 for drills for members of the Naval and Marine Corps reserve forces shall be available for the conduct of 48 drills for each of such forces.</proviso> No part of the appropriations made in this Act shall be available<sidenote>No pay to National Guard officer, etc., drawing pension.</sidenote> for pay, allowances, or traveling or other expenses of any officer or enlisted man of the National Guard who may be drawing a pension, disability allowance, disability compensation, or retired pay (where retirement has been made on account of physical disability or age) from the Government of the United States: <proviso>Provided,<sidenote>Proviso.Provisions waived if pension surrendered.</sidenote> That nothing in this provision shall be so construed as to prevent the application of funds herein contained to the pay, allowances, or traveling expenses of any officer or enlisted man of the National Guard who may surrender said pension, disability allowance, disability compensation, or retired pay for the period of his service in the National Guard:</proviso> <proviso>Provided further, That present<sidenote>Adjutants general continued in present status without pay.</sidenote> adjutants general who may be drawing such emoluments may be continued in a federally recognized status without pay under this Act.</proviso> </content> </appropriations> <appropriations level="small"> <heading>arms, uniforms, equipment, and so forth, for field service, national guard</heading><sidenote>Field service.</sidenote> <content> To procure by purchase or manufacture and issue from time to<sidenote>Procuring arms, etc., for issue.Requisitions from governors, etc.</sidenote> time to the National Guard, upon requisition of the governors of the several States and Territories or the commanding general, National Guard of the District of Columbia, such military equipment and stores of all kinds and reserve supply thereof as are necessary to arm, uniform, and equip for field service the National Guard of the several States, Territories, and the District of Columbia, and to repair such of the aforementioned articles of equipage and military stores as are or may become damaged when, under regulations prescribed by the Secretary of War, such repair may be determined to be an economical measure and as necessary for their proper preservation and use, $3,355,541, and all of the sums appropriated in this Act<sidenote>Accounting.</sidenote> on account of the National Guard shall be accounted for as one fund and of the total of such sums $3,000,000 shall be available immediately: <proviso>Provided, That funds now and herein made available to<sidenote>Provisos.Purchase of motor trucks, etc. through competitive bidding.</sidenote> the National Guard Bureau may be used for the purchase of motor-propelled trucks and station wagons, and trailers, at a cost per vehicle not to exceed $800, $700, and $525, respectively, and the specifications for such vehicles, which shall be so drawn as to admit of competition, shall to the extent otherwise practicable conform with the requirements of the National Guard as determined by the Chief of the National Guard Bureau:</proviso> Provided further, That the Secretary<sidenote>Clothing, equipment, etc., from Army surplus stores.</sidenote> of War is hereby authorized to issue surplus or reserve stores and material on hand and purchased for the United States Army such articles of clothing and equipment and Field Artillery, Engineer, and Signal material and ammunition as may be needed by the National Guard organized under the provisions of the Act entitled<sidenote>Vol. 39, p. 199; Vol. 45, p. 406.<ref href="/us/usc/p1034/773">U.S.C., p. 1034; Supp. VII, p. 773</ref>.</sidenote> “An Act for making further and more effectual provision for the national defense, and for other purposes”, approved June 3, 1916 <page identifier="/us/stat/48/634">634</page><sidenote>Issue without charge to appropriations.</sidenote>(U.S.C., title 32, sec. 21), as amended. This issue shall be made without charge against militia appropriations except for actual expenses incident to such issue. <sidenote>No increase of mounted, etc., units.</sidenote>No appropriation contained in this Act shall be available for any expense for or on account of a larger number of mounted and medical units, and military police, wagon and service companies of the National Guard than were in existence on June 30, 1932. </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>ORGANIZED RESERVES</heading><sidenote>Organized Reserves.</sidenote> <content> <sidenote>Officers’ Reserve Corps.</sidenote>For pay and allowances of members of the Officers’ Reserve Corps on active duty in accordance with law; mileage, reimbursement of actual traveling expenses, or per diem allowances in lieu thereof, as <sidenote>Provisos.Mileage allowance.</sidenote>authorized by law: <proviso>Provided, That the mileage allowance to members of the Officers’ Reserve Corps when called into active service for training for fifteen days or less shall not exceed 4 cents per mile; <sidenote>Enlisted Reserve Corps.</sidenote>pay, transportation, subsistence, clothing, and medical and hospital treatment of members of the Enlisted Reserve Corps; conducting <sidenote>Correspondence, etc., courses.</sidenote>correspondence or extension courses for instruction of members of the Reserve Corps, including necessary supplies, procurement of maps and textbooks, and transportation and traveling expenses of <sidenote>Training manuals.</sidenote>employees; purchase of training manuals, including Government publications and blank forms, subscriptions to magazines and periodicals<sidenote>Establishment, etc., headquarters and training camps.</sidenote> of a professional or technical nature; establishment, maintenance, and operation of divisional and regimental headquarters and of camps for training of the Organized Reserves; for miscellaneous expenses incident to the administration of the Organized Reserves, <sidenote>Vehicles.</sidenote>including the maintenance and operation of motor-propelled passenger-carrying vehicles; for the actual and necessary expenses, or per diem in lieu thereof, at rates authorized by law, incurred by officers <sidenote>Travel expenses.</sidenote>and enlisted men of the Regular Army traveling on duty in connection with the Organized Reserves; for expenses incident to the use, including upkeep and depreciation costs, of supplies, equipment, and materiel furnished in accordance with law from stocks under the control of the War Department, except that not to exceed $308,400 <sidenote>Purchase, etc., airplanes.</sidenote>of this appropriation shall be available for expenditure by the Chief of the Air Corps for the production and purchase of new airplanes and their equipment, spare parts, and accessories; for transportation of baggage, including packing and crating, of reserve officers <sidenote>Medical and hospital treatment, etc., incurred in line of duty.</sidenote>ordered to active duty for not less than six months; for the medical and hospital treatment of members of the Officers’ Reserve Corps and of the Enlisted Reserve Corps, who suffer personal injury or contract <sidenote>Vol. 45, p. 461.<ref href="/us/usc/p109">U.S.C., Supp. VII, p. 109</ref>.</sidenote>disease in line of duty, as provided by the Act of April 26, 1928 (U.S.C., Supp. VI, title 10, secs. 451, 455), and for such other purposes in connection therewith as are authorized by the said Act, <sidenote>Burial expenses.</sidenote>including pay and allowances, subsistence, transportation, and burial expenses; in all, $4,278,859; and no part of such total sum shall be <sidenote>Flight training restrictions.</sidenote>available for any expense incident to giving flight training to any officer of the Officers’ Reserve Corps unless he shall be found physically and professionally qualified to perform aviation service as an aviation pilot, by such agency as the Secretary of War may designate:</proviso> <sidenote>Proviso.Divisional, etc., headquarters.</sidenote><proviso>Provided, That not to exceed $100,000 of this appropriation may be used for establishment and maintenance of divisional and regimental headquarters.</proviso> <sidenote>Other funds not to be used.</sidenote>None of the funds appropriated elsewhere in this Act, except for printing and binding, field exercises, and for pay and allowances of officers and enlisted men of the Regular Army, and for mileage, reimbursement of actual traveling expenses, or per diem allowances <page identifier="/us/stat/48/635">635</page>in lieu thereof, as authorized by law, to Air Corps reserve officers on extended active duty, shall be used for expenses in connection with the Organized Reserves, but available supplies and existing facilities at military posts shall be utilized to the fullest extent possible. No appropriation made in this Act shall be available for pay,<sidenote>No pay to officer drawing pension, etc.</sidenote> allowances, or traveling or other expenses of any officer of the Organized Reserves who may be drawing a pension, disability allowance, disability compensation, or retired pay from the Government of the United States. No appropriation made in this Act shall be expended for the pay of<sidenote>Reserve officer on active duty, pay restriction.</sidenote> a reserve officer on active duty for a longer period than fifteen days, except such as may be detailed for duty with the War Department<sidenote>General Staff detail.Vol. 41, pp. 760, 765.</sidenote> General Staff under section 3a and section 5 (b) of the Army Reorganization Act approved June 4, 1920 (U.S.C., title 10, secs. 26, 37), or who may be detailed for courses of instruction at the general or special service schools of the Army, or who may be detailed for<sidenote>Other details.</sidenote> duty as instructors at civilian military training camps, appropriated for in this Act, or who may be detailed for duty with tactical units of<sidenote>Air Corps.Vol. 41, p. 776; <ref href="/us/usc/p183">U.S.C., p. 183</ref>.</sidenote> the Air Corps, as provided in section 37a of the Army Reorganization Act approved June 4, 1920 (U.S.C., title 10, sec. 369): <proviso>Provided, That<sidenote>Proviso.Medical Reserve Corps for Veterans’ Administration patients in Army hospitals.</sidenote> the pay and allowances of such additional officers and nurses of the Medical Reserve Corps as are required to supplement the like officers and nurses of the Regular Army in the care of beneficiaries of the United States Veterans’ Administration treated in Army hospitals may be paid from the funds allotted to the War Department by that<sidenote>Payments) from Army funds.</sidenote> administration under existing law.</proviso> </content> </appropriations> <appropriations level="major"> <heading>CITIZENS’ MILITARY TRAINING</heading><sidenote>Citizens’ Military Training.</sidenote> <appropriations level="small"> <heading>reserve officers’ training corps</heading><sidenote>Reserve Officers, Training Corps.</sidenote> <content>For the procurement, maintenance, and issue, under such regulations<sidenote>Quartermaster supplies for units of.</sidenote> as may be prescribed by the Secretary of War, to institutions at which one or more units of the Reserve Officers’ Training Corps are maintained, of such public animals, means of transportation, supplies, tentage, equipment, and uniforms as he may deem necessary, including cleaning and laundering of uniforms and clothing at camps; and to forage, at the expense of the United States, public animals so issued, and to pay commutation in lieu of uniforms at a rate to be fixed annually by the Secretary of War; for transporting said animals and other authorized .supplies and equipment from place of issue to the several institutions and training camps and return of same to place of issue when necessary; for purchase of training manuals, including Government publications and blank forms; for the establishment and maintenance of camps for the<sidenote>Training Camps.</sidenote> further practical instruction of the members of the Reserve Officers’ Training Corps, and for transporting members of such corps to and from such camps, and to subsist them while traveling to and from such camps and while remaining therein so far as appropriations will permit, or, in lieu of transporting them to and from such camps and subsisting them while en route, to pay them travel allowance at<sidenote>Travel allowance.</sidenote> the rate of 5 cents per mile for the distance by the shortest usually traveled route from the places from which they are authorized to proceed to the camp and for the return travel thereto, and to pay the return travel pay in advance of the actual performance of the travel; for expenses incident to the use, including upkeep and depreciation costs, of supplies, equipment, and materiel furnished in accordance with law from stocks under the control of the War Department; for pay for students attending advanced camps at the <page identifier="/us/stat/48/636">636</page><sidenote>Subsistence commutation to senior division members.</sidenote>rate prescribed for soldiers of the seventh grade of the Regular <sidenote>Vol. 39, p. 193; Vol. 41, p. 779.<ref href="/us/usc/p184">U.S.C., p. 184</ref>.Medical, etc., treatment, injured in line of duty.</sidenote>Army; for the payment of commutation of subsistence to members of the senior division of the Reserve Officers’ Training Corps, at a rate not exceeding the cost of the garrison ration prescribed for the Army, as authorized in the Act approved June 3, 1916, as amended by the Act approved June 4, 1920 (U.S.C., title 10, sec. 387); for medical and hospital treatment until return to their homes and further medical treatment after arrival at their homes, subsistence during hospitalization and until furnished transportation to their homes, and transportation when fit for travel to their homes of members of the Reserve Officers’ Training Corps who suffer personal injury or contract disease in line of duty while en route to or from and while <sidenote>Vol. 41, p. 778.<ref href="/us/usc/p185">U.S.C., p. 185</ref>.</sidenote>at camps of instruction under the provisions of section 47a of the National Defense Act approved June 3, 1916 (U.S.C., title 10, ,sec. 441), as amended; and for the cost of preparation and transportation<sidenote>Burial expenses.</sidenote> to their homes and burial expenses of the remains of members of the Reserve Officers’ Training Corps who die while attending <sidenote>Vol. 43, p. 365; Vol. 45, p. 462.<ref href="/us/usc/p186/109">U.S.C., p. 186; Supp. VII, p. 109</ref>.Transporting dependents, etc.</sidenote>camps of instruction as provided in the Act approved April 26, 1928 (U.S.C., Supp. VI, title 10, sec. 455); for mileage, traveling expenses, or transportation, for transportation of dependents, and for packing and transportation of baggage, as authorized by law, for officers, warrant officers, and enlisted men of the Regular Army traveling on duty pertaining to or on detail to or relief from duty with the <sidenote>Vehicles.</sidenote>Reserve Officers’ Training Corps; for the maintenance, repair, and operation of motor vehicles, $3,108,701; of which $400,000 shall be <sidenote>Provisos.Issue of Army horses.</sidenote>available immediately: <proviso>Provided, That the Secretary of War is authorized to issue, without charge, in lieu of purchase, for the use of the Reserve Officers’ Training Corps, ,so many horses now belonging <sidenote>Uniforms, etc., from Army surplus stock.</sidenote>to the Regular Army as he may consider desirable:</proviso> <proviso>Provided, That uniforms and other equipment or material issued to the Reserve Officers’ Training Corps in accordance with law shall be furnished from surplus or reserve stocks of the War Department without payment from this appropriation, except for actual expense incurred in <sidenote>Current price to govern.</sidenote>the manufacture or issue:</proviso> <proviso>Provided further, That in no case shall the amount paid from this appropriation for uniforms, equipment, or material furnished to the Reserve Officers’ Training Corps from stocks under the control of the War Department be in excess of <sidenote>Additional units forbidden.</sidenote>the price current at the time the issue is made:</proviso> <proviso>Provided further, That none of the funds appropriated in this Act shall be used for the organization or maintenance of an additional number of mounted, motor transport, or tank units in the Reserve Officers’ Training Corps in excess of the number in existence on January 1, 1928:</proviso> <proviso>Provided further,<sidenote>No additional students in designated units.</sidenote> That none of the funds appropriated in this Act shall be available for any expense on account of any student in Air Corps, Medical Corps, Dental Corps, or Veterinary units not a member of such units on May 5, 1932, but such stoppage of further enrollments shall not interfere with the maintenance of existing units:</proviso> <proviso>Provided further,<sidenote>Use of other funds forbidden.</sidenote> That none of the funds appropriated elsewhere in this Act, except for printing and binding and pay and allowances of officers and enlisted men of the Regular Army, shall be used for expenses in connection with the Reserve Officers’ Training Corps.</proviso></content> </appropriations> <appropriations level="small"> <heading>military supplies and equipment for schools and colleges</heading><sidenote>Other schools and colleges.</sidenote> <content><sidenote>Issue of military supplies, etc., to.Vol. 41, p. 780.<ref href="/us/rs/s1225/p216">R.S., sec. 1225, p. 216</ref>.</sidenote>For the procurement and issue as provided in section 55c of the Act approved June 4, 1920 (U.S.C., title 10, sec. 1180), and in section 1225, Revised Statutes, as amended, under such regulations as may <page identifier="/us/stat/48/637">637</page>be prescribed by the Secretary of War, to schools and colleges, other<sidenote><ref href="/us/usc/p213">U.S.C., p. 213</ref>.Vol. 41, p. 776.</sidenote> than those provided for in section 40 of the Act above referred to, of such arms, tentage, and equipment, and of ammunition, targets, and target materials, including the transporting of same, and the overhauling and repair of articles issued, as the Secretary of War shall deem necessary for proper military training in said schools and colleges, $8,900.</content> </appropriations> <appropriations level="small"> <heading>citizens’ military training camps</heading><sidenote>Citizens’ military training camps.</sidenote> <content> For furnishing, at the expense of the United States, to warrant<sidenote>Uniforms, transportation expenses, etc., for attending.Vol. 39, p. 193; Vol. 41, p. 779.<ref href="/us/usc/p185">U.S.C., p. 185</ref>.</sidenote> officers, enlisted men, and civilians attending training camps maintained under the provisions of section 47d of the National Defense Act of June 3, 1916, as amended (U.S.C., title 10, sec. 442), uniforms, including altering, fitting, washing, and cleaning when necessary, subsistence, or subsistence allowances and transportation, or transportation allowances, as prescribed in said section 47d, as amended; for such expenditures as are authorized by said section 47d as may be necessary for the establishment and maintenance of said camps, including recruiting and advertising therefor, and the cost of maintenance,<sidenote>Maintenance.</sidenote> repair, and operation of passenger-carrying vehicles; for expenses incident to the use, including upkeep and depreciation costs, of supplies, equipment, and materiel furnished in accordance with law from stocks under the control of the War Department; for gymnasium and athletic supplies (not exceeding $20,000); for mileage, reimbursement of traveling expenses, or allowance in lieu thereof as authorized by law, for officers of the Regular Army and Organized Reserves, and for the travel expenses of enlisted men of the Regular Army, traveling on duty in connection with citizens’ military training camps; for purchase of training manuals, including Government publications and blank forms; for medical and hospital<sidenote>Treatment, etc., in line of duty.</sidenote> treatment, subsistence, and transportation, in case of injury or disease contracted in line of duty, of members of the citizens’ military training camps and for transportation and burial of remains of any such members who die while undergoing training or hospital treatment, as provided in the Act of April 26, 1928 (U.S.C., Supp. VI,<sidenote>Vol. 45, p. 461.<ref href="/us/usc/p109">U.S.C., Supp. VII, p. 109</ref>.Provisos.Age limitation.</sidenote> title 10, secs. 454, 455); in all $1,000,000: <proviso>Provided, That the funds herein appropriated shall not be used for the training of any person in the first year or lowest course, who shall have reached his twenty-fourth birthday before the date of enrollment:</proviso> <proviso>Provided further,<sidenote>Use of other funds forbidden.</sidenote> That none of the funds appropriated elsewhere in this Act except for printing and binding and for pay and allowances of officers and enlisted men of the Regular Army shall be used for expenses in connection with citizens’ military training camps:</proviso> <proviso>Provided further,<sidenote>Uniforms, etc., from Army surplus stocks.</sidenote> That uniforms and other equipment or materiel furnished in accordance with law for use at citizens’ military training camps shall be furnished from surplus or reserve stocks of the War Department without payment from this appropriation, except for actual expense incurred in the manufacture or issue:</proviso> <proviso>Provided further, That in no<sidenote>Current price to govern.</sidenote> case shall the amount paid from this appropriation for uniforms, equipment, or materiel furnished in accordance with law for use at citizens’ military training camps from stocks under control of the War Department be in excess of the price current at the time the issue is made.</proviso> Under the authorizations contained in this Act no issues of reserve<sidenote>Restriction on use of Army reserve supplies.</sidenote> supplies or equipment shall be made where such issues would impair the reserves held by the War Department for two field armies or one million men. </content> </appropriations> <page identifier="/us/stat/48/638">638</page> <appropriations level="intermediate"> <heading>National Board for Promotion of Rifle Practice , Army</heading><sidenote>Promotion of rifle practice.</sidenote> <appropriations level="small"> <heading>quartermaster supplies and services for rifle ranges for civilian instruction</heading><sidenote>Civilian instruction.</sidenote> <content><sidenote>Quartermaster supplies, etc., for rifle ranges, etc.</sidenote>To establish and maintain indoor and outdoor rifle ranges for the use of all able-bodied males capable of bearing arms, under reasonable regulations to be prescribed by the National Board for the Promotion of Rifle Practice and approved by the Secretary of War; for the <sidenote>Instructors, etc.</sidenote>employment of labor in connection with the establishment of outdoor and indoor rifle ranges, including labor in operating targets; for the employment of instructors; for clerical services, including not exceeding $15,000 in the District of Columbia; for badges and other insignia; for the purchase of materials, supplies, and services, and for expenses incidental to instruction of citizens of the United States in <sidenote>Participation in matches.</sidenote>marksmanship, and their participation in national and international matches, to be expended under the direction of the Secretary of War, $17,178.</content> </appropriations> <appropriations level="small"> <heading>national trophy and medals for rifle contests</heading><sidenote>Rifle contests.</sidenote> <content><sidenote>Furnishing national trophy medals, etc.Vol. 45, p. 786; <ref href="/us/usc/p780">U.S.C., Supp. VII, p. 780</ref>.</sidenote>For incidental expenses of the National Board for the Promotion of Rifle Practice in accordance with the provisions of the Act approved May 28, 1928 (U.S.C., Supp. VI, title 32, sec. 181c), $3,000.</content> </appropriations> <appropriations level="small"> <heading>ordnance equipment for rifle ranges for civilian instruction</heading><sidenote>Ordnance equipment, civilian instruction.</sidenote> <content> <sidenote>Arms, ammunition, etc.</sidenote>For arms, ammunition, targets, and other accessories for target practice, for issue and sale in accordance with rules and regulations prescribed by the National Board for the Promotion of Rifle Practice and approved by the Secretary of War, in connection with the encouragement of rifle practice, in pursuance of the provisions of law, $125,000. <sidenote>No pay to officer, etc., using time-measuring device.</sidenote>No part of the appropriations made in this Act shall be available for the salary or pay of any officer, manager, superintendent, foreman, or other person having charge of the work of any employee of the United States Government while making or causing to be made with a stop watch, or other time-measuring device, a time study of any job of any such employee between the starting and completion thereof, or of the movements of any such employee while engaged upon such work; nor shall any part of the appropriations made in <sidenote>Cash reward restricted.</sidenote>this Act be available to pay any premiums or bonus or cash reward to any employee in addition to his regular wages, except for suggestions resulting in improvements or economy in the operation of any Government plant. </content> </appropriations> </appropriations> </appropriations> <num class="centered" value="II">TITLE II—</num> <heading class="inline">NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT</heading><sidenote>Nonmilitary activities.</sidenote> <appropriations level="intermediate"> <heading>Quartermaster Corps</heading><sidenote>Quartermaster Corps.</sidenote> <appropriations level="small"> <heading>cemeterial expenses</heading> <content> <sidenote>National cemeteries.Maintenance, etc.</sidenote>For maintaining and improving national cemeteries, including fuel for and pay of superintendents and the superintendent at Mexico City, laborers and other employees, purchase of tools and materials; and for the repair, maintenance, and operation of motor vehicles; care and maintenance of the Arlington Memorial Amphitheater,<sidenote>Arlington, Va.</sidenote> chapel, and grounds in the Arlington National Cemetery, <page identifier="/us/stat/48/639">639</page>and permanent American cemeteries abroad, including not to exceed<sidenote>Cemeteries abroad.</sidenote> $2,250 in the aggregate or $450 for any one person for allowances<sidenote>Living quarters, etc.Vol. 46, p. 818.<ref href="/us/usc/p20">U.S.C., Supp. VII, p. 20</ref>.</sidenote> for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (U.S.C., Supp. VI, title 5, sec. 118a); for repair to roadways but not to more than a single approach road<sidenote>Roadways, repair, etc.</sidenote> to any national cemetery constructed under special Act of Congress; for headstones for unmarked graves of soldiers, sailors, and<sidenote>Headstones for graves.Vol. 20, p. 281; Vol. 34, p. 56; Vol. 38, p. 768; Vol. 45, p. 1307.<ref href="/us/usc/p687/488">U.S.C., p. 687; Supp. VII, p. 488</ref>.</sidenote> marines under the Acts approved March 3, 1873 (U.S.C., title 24, sec. 279), February 3, 1879 (U.S.C., title 24, sec. 280), March 9, 1906 (34 Stat., p. 56), March 14, 1914 (38 Stat., p. 768), and February 26, 1929 (U.S.C., Supp. VI, title 24, sec. 280a), and civilians interred in post cemeteries; for recovery of bodies and the disposition of remains<sidenote>Recovery of remains.Vol, 45, p. 251; <ref href="/us/usc/p118">U.S.C., Supp. VII, p. 118</ref>.</sidenote> of military personnel and civilian employees of the Army under Act approved March 9, 1928 (U.S.C., Supp. VI, title 10, sec. 916); for the care, protection, and maintenance of the Confederate Mound in<sidenote>Confederate cemeteries, etc.</sidenote> Oakwood Cemetery at Chicago, the Confederate Stockade Cemetery at Johnstons Island, the Confederate burial plats owned by the United States in Confederate Cemetery at North Alton, the Confederate Cemetery, Camp Chase, at Columbus, the Confederate section in Greenlawn Cemetery at Indianapolis, the Confederate Cemetery at Point Lookout, and the Confederate Cemetery at Rock Island, $715,229: <proviso>Provided, That no railroad shall be permitted upon any<sidenote>Provisos.Encroachments forbidden.</sidenote> right-of-way which may have been acquired by the United States leading to a national cemetery, or to encroach upon any roads or walks constructed thereon and maintained by the United States:</proviso> <proviso>Provided further, That no part of this appropriation shall be used<sidenote>Repairs restricted.</sidenote> for repairing any roadway not owned by the United States within the corporate limits of any city, town, or village.</proviso> For repairs and preservation of monuments, tablets, roads, fences,<sidenote>Burial plots in Cuba and China.</sidenote> and so forth, made and constructed by the United States in Cuba and China to mark the places where American soldiers fell, $698. </content> </appropriations> </appropriations> <appropriations level="major"> <heading>SIGNAL CORPS</heading><sidenote>Signal Corps.</sidenote> <appropriations level="small"> <heading>washington-alaska military cable and telegraph system</heading><sidenote>Washington-Alaska cable, etc.</sidenote> <content>For defraying the cost of such extensions, betterments, operation,<sidenote>Operation, extension, etc.</sidenote> and maintenance of the Washington-Alaska Military Cable and Telegraph System as may be approved by the Secretary of War, to be available until the close of the fiscal year 1936, from the receipts<sidenote>From receipts.</sidenote> of the Washington-Alaska Military Cable and Telegraph System which have been covered into the Treasury of the United States, the extent of such extensions and betterments and the cost thereof to be reported to Congress by the Secretary of War, $146,055.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>CORPS OF ENGINEERS</heading><sidenote>Engineer Corps.</sidenote> <appropriations level="small"> <heading>rivers and harbors</heading><sidenote>Rivers and harbors.</sidenote> <content> To be immediately available and to be expended under the direction<sidenote>Immediately available.</sidenote> of the Secretary of War and the supervision of the Chief of Engineers: For the preservation and maintenance of existing river and harbor<sidenote>Preservation, construction, etc., of authorized projects.</sidenote> works, and for the prosecution of such projects heretofore authorized as may be most desirable in the interests of commerce and navigation; for survey of northern and northwestern lakes, and other<sidenote>Boundary waters, etc., survey.</sidenote> boundary and connecting waters as heretofore authorized, including the preparation, correction, printing, and issuing of charts and bulletins and the investigation of lake levels; for prevention of obstructive and injurious deposits within the harbor and adjacent waters<sidenote>New York harbor.</sidenote> <page identifier="/us/stat/48/640">640</page><sidenote>California D 6 b r i s Commission.Vol. 27, p. 507.<ref href="/us/usc/p1086">U.S.C., p. 1086</ref>.</sidenote>of New York City; for expenses of the California Debris Commission in carrying on the work authorized by the Act approved March 1, 1893 (U.S.C., title 33, sec. 661); for examinations, surveys, and <sidenote>Printing.</sidenote>contingencies of rivers and harbors; and for printing, including illustrations, as may be authorized by the Committee on Printing of the House of Representatives, either during a recess or session of Congress,<sidenote>Vol. 45, p. 538.<ref href="/us/usc/p786">U.S.C., Supp. VII, p. 786</ref>.</sidenote> of surveys under House Document Numbered 308, Sixty-ninth Congress, first session, and section 10 of the Flood Control Act, approved May 15, 1928 (U.S.C., Supp. VI, title 33, sec. 702j), and such surveys as may be printed during a recess of Congress shall be printed as documents of the next succeeding session of Congress, and for the purchase of motor-propelled passenger-carrying vehicles and <sidenote>Provisos.Unauthorized projects forbidden.Survey of Governors Island as an airport.</sidenote>motor boats, for official use, not to exceed $122,417: <proviso>Provided, That no funds shall be expended for any preliminary examination, survey, project, or estimate not authorized by law, $23,966,645, of which sum $50,000 shall be available, under the direction of the President, for conducting a survey of Governors Island, New York, to determine its usefulness and adaptability as an airport and the cost of <sidenote>Power-driven boat restriction.</sidenote>accomplishing all work incidental to effecting the change:</proviso> <proviso>Provided further, That no appropriation under the Corps of Engineers for the fiscal year 1935 shall be available for any expense incident to operating any power-driven boat or vessel on other than Government <sidenote>Purchase of motor vehicles.Vol. 38, p. 508.<ref href="/us/usc/p33">U.S.C., p. 33</ref>.</sidenote>business:</proviso> <proviso>Provided further, That authority is granted for the purchase of motor-propelled passenger-carrying vehicles and motor boats, not to exceed $52,900, to be paid from available funds for “Flood control, Mississippi River and tributaries”, and not to exceed $2,250 to be paid from available funds for “Flood control, Sacramento River, California”, for official use in connection with such works.</proviso> <sidenote>Flood control.Mississippi River, etc.Vol. 45, p. 534, <ref href="/us/usc/p784">U.S.C., Supp. VII, p. 784</ref>.</sidenote>Flood control, Mississippi River and tributaries: For prosecuting work of flood control in accordance with the provisions of the Flood Control Act, approved May 15, 1928 (U.S.C., Supp. VII, title 33, sec. 702a), $29,000,000. <sidenote>Emergency fund for tributaries.Vol. 45, p. 537; Vol. 46, p. 787.<ref href="/us/usc/p786">U.S.C., Supp. VII, p. 786</ref>.</sidenote>Emergency fund for flood control on tributaries of Mississippi River: For rescue work and for repair or maintenance of any flood-control work on any tributaries of the Mississippi River threatened or destroyed by flood, in accordance with section 7 of Flood Control Act, approved May 15, 1928 (U.S.C., Supp. VI, title 33, sec. 702g), $341,291. </content> </appropriations> <appropriations level="intermediate"> <heading>The Panama Canal</heading><sidenote>Panama Canal.</sidenote> <content> <sidenote>Limitations not applicable to appropriations for.</sidenote>The limitations on the expenditure of appropriations hereinbefore made in this Act shall not apply to the appropriations for the Panama Canal. <sidenote>All expenses.Objects specified.</sidenote>For every expenditure requisite for and incident to the maintenance and operation, sanitation, and civil government of the Panama Canal and Canal Zone, including the following: Compensation of all officials and employees; foreign and domestic newspapers and periodicals; law books not exceeding $1,000; textbooks and books of reference; printing and binding, including printing of annual report; rent and personal services in the District of Columbia; purchase or exchange of typewriting, adding, and other machines; purchase or exchange, maintenance, repair, and operation of motor-propelled and horse-drawn passenger-carrying vehicles, claims for damages to <sidenote>Claims for damages.</sidenote>vessels passing through the locks of the Panama Canal, as authorized by the Panama Canal Act; claims for losses of or damages to property arising from the conduct of authorized business operations; claims for damages to property arising from the maintenance and <page identifier="/us/stat/48/641">641</page>operation, sanitation, and civil government of the Panama Canal; acquisition of land and land under water, as authorized in the<sidenote>Acquisition of land.</sidenote> Panama Canal Act; expenses incurred in assembling, assorting, storing, repairing, and selling material, machinery, and equipment heretofore or hereafter purchased or acquired for the construction of the Panama Canal which are unserviceable or no longer needed, to be reimbursed from the proceeds of such sales; expenses incident to conducting hearings and examining estimates for appropriations on the Isthmus; expenses incident to any emergency arising because<sidenote>Emergencies.</sidenote> of calamity by flood, fire, pestilence, or like character not foreseen or otherwise provided for herein; traveling expenses, when prescribed by the Governor of the Panama Canal to persons engaged in field work or traveling on official business; and for such other expenses not in the United States as the Governor of the Panama Canal may deem necessary best to promote the maintenance and operation, sanitation, and civil government of the Panama Canal, all to be expended under the direction of the Governor of the Panama Canal and accounted for as follows: For maintenance and operation of the Panama Canal: Salary of<sidenote>Operation, etc.Governor’s salary.Purchase of supplies, etc.</sidenote> the Governor, $10,000; purchase, inspection, delivery, handling, and storing of materials, supplies, and equipment for issue to all departments of the Panama Canal, the Panama Railroad, other branches of the United States Government, and for authorized sales; payment<sidenote>Payment to alien cripples.Vol. 39, p. 750.<ref href="/us/usc/p81">U.S.C., p. 81</ref>.</sidenote> in lump sums of not exceeding the amounts authorized by the Injury Compensation Act approved September 7, 1916 (U.S.C., title 5, sec. 793), to alien cripples who are now a charge upon the Panama Canal by reason of injuries sustained while employed in the construction of the Panama Canal; for continuing the construction of the Madden<sidenote>Madden Dam.Vol. 45, p. 363.</sidenote> Dam across the Chagres River at Alhajuela for the storage of water for use in the maintenance and operation of the Panama Canal, together with a hydroelectric plant, roadways, and such other work as in the judgment of the Governor of the Panama Canal may be necessary, to cost in the aggregate not to exceed $15,500,000; in all, $4,971,490, together with all moneys arising from the conduct of business operations authorized by the Panama Canal Act. For sanitation, quarantine, hospitals, and medical aid and support<sidenote>Sanitation, etc.Lepers, etc.</sidenote> of the insane and of lepers and aid and support of indigent persons legally within the Canal Zone, including expenses of their deportation when practicable, and the purchase of artificial limbs or other appliances for persons who were injured in the service of the Isthmian Canal Commission or the Panama Canal prior to September 7, 1916, and including additional compensation to any officer of the<sidenote>Chief quarantine officers.</sidenote> United States Public Health Service detailed with the Panama Canal as chief quarantine officer, $768,501. For civil government of the Panama Canal and Canal Zone,<sidenote>Civil government, expenses.</sidenote> including gratuities and necessary clothing for indigent discharged prisoners, $792,935. Total, Panama Canal, $6,532,926, to be available until expended.<sidenote>Availability.</sidenote> In addition to the foregoing sums there is appropriated for the<sidenote>Credits allowed.</sidenote> fiscal year 1935 for expenditures and reinvestment under the several heads of appropriation aforesaid, without being covered into the Treasury of the United States, all moneys received by the Panama Canal from services rendered or materials and supplies furnished to the United States, the Panama Railroad Company, the Canal Zone government, or to their employees, respectively, or to the Panama Government, from hotel and hospital supplies and services; from rentals, wharfage, and like service; from labor, materials, and supplies and other services furnished to vessels other than those passing through the canal, and to others unable to obtain the same elsewhere; <page identifier="/us/stat/48/642">642</page>from the sale of scrap and other by-products of manufacturing and shop operations; from the sale of obsolete and unserviceable materials, supplies, and equipment purchased or acquired for the operation, maintenance, protection, sanitation, and government of the canal and Canal Zone; and any net profits accruing from such business to the Panama Canal shall annually be covered into the Treasury of the United States. <sidenote>Water, sewers, pavements, etc.Panama and Colon.</sidenote>In addition there is appropriated for the operation, maintenance, and extension of waterworks, sewers, and pavements in the cities of Panama and Colon, during the fiscal year 1935, the necessary portions of such sums as shall be paid as water rentals or directly by the Government of Panama for such expenses. </content> </appropriations> </appropriations>

Sec. 2.

Use of Government-owned automobiles for private purposes prohibited.

No part of any money appropriated by this Act shall be used for maintaining, driving, or operating any Government-owmed motor-propelled passenger-carrying vehicle assigned for the exclusive use of persons other than the Secretary of War and medical officers on out-patient medical service.

Sec. 3.

Limitation on use of funds for post exchanges.

No part of any appropriation made by this Act shall be used in any way to pay any expense in connection with the conduct, operation, or management of any post exchange, branch exchange, or subexchange within any State, Territory, or the District of Columbia, save and except for real assistance and convenience to military personnel and civilians employed or serving at military posts in supplying them with articles of ordinary use, wear, and consumption not furnished by the Government.

Approved, April 26, 1934.

Granting and confirming to the East Bay Municipal Utility District, a municipal utility district of the State of California and a body corporate and politic, of said State, and a political subdivision thereof, certain lands, and for other purposes. 1934-04-27 167 Chapter 48 Stat. 642 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 167.]

AN ACT Granting and confirming to the East Bay Municipal Utility District, a municipal utility district of the State of California and a body corporate and politic, of said State, and a political subdivision thereof, certain lands, and for other purposes.

April 27, 1934.

[S. 2084.]

[Public, No. 177.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

East Bay Municipal District, Calif.

Certain lands grantad to.

That there is hereby granted to the East Bay Municipal Utility District, a municipal utility district of the State of California and a body corporate and politic of said State and a political subdivision thereof, the following described lands of the United States situate in the counties of Amador and Calaveras, State of California, to wit:

Description.

The southeast quarter southeast quarter section 22; the northeast quarter southwest quarter, and the south half southeast quarter section 23; the northwest quarter northeast quarter, and the north half southeast quarter section 24; the southwest quarter, the south half northwest quarter, and the northwest quarter northwest quarter section 26, all in township 5 north, range 10 east, Mount Diablo base and meridian.

All the unpatented land in the east half northwest quarter section 15, containing approximately forty-seven and thirty-six one hundredths acres; the south half northeast quarter, and the north half southeast quarter section 17; and all the unpatented land in section 18 (the same being a fractional portion of the southeast quarter northeast quarter, and a fractional portion of the northeast quarter southeast quarter, and containing approximately fifteen and fifty-eight one hundredths acres), all in township 5 north, range 11 east, Mount Diablo base and meridian; and the Secretary of the Interior is hereby authorized to issue patent to the said district for the same.

643

All of the above-described land is now held by said district by

License terminated.

virtue of that certain license numbered 567, heretofore issued to said district by the Federal Power Commission. Upon this grant becoming effective said license is terminated and the parties thereto relieved of all obligation by reason thereof, and the fee title of the

Fee title to structures, etc., confirmed.

district to its dams, spillways, conduits, tunnels, power house, power lines, and other structures now constructed in whole or in part on said lands and the right to maintain and operate the same is fully confirmed.

Sec. 2. That the grant of the said lands hereinbefore described

Grant made in aid of water supply.

is made in aid of the water supply of said district for itself and its inhabitants, and the said district shall pay for the said lands the sum of $5 per acre.

Sec. 3. That the rights hereby granted shall revert to the United

Reversionary provision.

States if abandoned or transferred to any person, association, or corporation other than to the State or to another municipal corporation.

Approved, April 27, 1934.

To guarantee the bonds of the Home Owners’ Loan Corporation, to amend the Home Owners’ Loan Act of 1933, and for other purposes. 1934-04-27 168 Chapter 48 Stat. 643 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 168.]

AN ACT To guarantee the bonds of the Home Owners’ Loan Corporation, to amend the Home Owners’ Loan Act of 1933, and for other purposes.

April 27, 1934.

[S. 2999.]

[Public, No. 178.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That (a)

section

Home Owners’ Loan Act of 1933, amendments.

Ante, p. 129; Post, p. 1264.

Bonds; issue of, authorized.

Aggregate amount.

4(c) of the Home Owners’ Loan Act of 1933 is amended to read as follows:

“(c) The Corporation is authorized to issue bonds in an aggregate amount not to exceed $2,000,000,000, which may be sold by the Corporation to obtain funds for carrying out the purposes of this section, or exchanged as hereinafter provided. Such bonds shall be

Character of.

in such forms and denominations, shall mature within such periods of not more than eighteen years from the date of their issue, shall bear such rates of interest not exceeding 4 per centum per annum, shall be subject to such terms and conditions, and shall be issued in such manner and sold at such prices, as may be prescribed by the Corporation, with the approval of the Secretary of the Treasury. Such bonds shall be fully and unconditionally guaranteed both as to interest and principal by the United States, and such guaranty shall be expressed on the face thereof, and such bonds shall be lawful investments, and may be accepted as security, for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof. In the event that the Corporation shall be unable to pay

Payment provisions.

upon demand, when due, the principal of, or interest on, such bonds, the Secretary of the Treasury shall pay to the holder the amount thereof which is hereby authorized to be appropriated out of any

Appropriation authorized.

moneys in the Treasury not otherwise appropriated, and thereupon to the extent of the amount so paid the Secretary of the Treasury shall succeed to all the rights of the holders of such bonds. The

Purchase of bonds by Secretary of the Treasury.

Secretary of the Treasury, in his discretion, is authorized to purchase any bonds of the Corporation issued under this subsection which are guaranteed as to interest and principal, and for such purpose the Secretary of the Treasury is authorized to use as a

Fund available.

Vol. 40, p. 288.

public-debt transaction the proceeds from the sale of any securities hereafter issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases of the Corporation’s bonds hereunder. The Secretary of the Treasury may, at

Sale.

any time, sell any of the bonds of the Corporation acquired by him 644

Treatment of, as public-debt transactions.

under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of the bonds of the Corporation shall be

Tax exemptions.

treated as public-debt transactions of the United States. The bonds issued by the Corporation under this subsection shall be exempt,

Exception.

both as to principal and interest, from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States or any District, Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. The Corporation, including its franchise, its capital, reserves and surplus, and its loans and income, shall likewise be

Real property.

exempt from such taxation; except that any real property of the Corporation shall be subject to taxation to the same extent, according

Bond issue not to exceed assets.

to its value, as other real property is taxed. No such bonds shall be issued in excess of the assets of the Corporation, including the assets to be obtained from the proceeds of such bonds, but a failure to comply with this provision shall not invalidate the bonds

Open market transactions.

or the guaranty of the same. The Corporation shall have power to purchase in the open market at any time and at any price not to exceed par any of the bonds issued by it. Any such bonds so purchased may, with the approval of the Secretary of the Treasury, be

Resale, refund, and exchange.

sold or resold at any time and at any price. For a period of six months after the date this subsection, as amended, takes effect, the Corporation is authorized to refund any of its bonds issued prior to such date or any bonds issued after such date in compliance with commitments of the Corporation outstanding on such date, upon application of the holders thereof, by exchanging therefor bonds of an equal face amount issued by the Corporation under this subsection

Interest rate.

as amended, and bearing interest at such rate as may be prescribed by the Corporation with the approval of the Secretary of the Treasury; but such rate shall not be less than that first fixed after this subsection, as amended, takes effect on bonds exchanged

Increase of issue to amount refunded.

by the Corporation for home mortgages. For the purpose of such refunding the Corporation is further authorized to increase its total bond issue in an amount equal to the amount of the bonds so

Existing commitments.

refunded. Nothing in this subsection, as amended, shall be construed to prevent the Corporation from issuing bonds in compliance with commitments of the Corporation on the date this subsection, as amended, takes effect.” (b)

Bonds heretofore issued by Corporation not affected.

The amendments made by subsection (a) of this section (except with respect to refunding) shall not apply to any bonds heretofore issued by the Home Owners’ Loan Corporation under such section 4 (c), or to any bonds hereafter issued in compliance with commitments of the Corporation outstanding on the date of enactment of this Act.

Sec. 2.

Ante, p. 132.

Section 4 of the Home Owners’ Loan Act is further amended by adding at the end thereof the following new subsections:

“(l)

Bond exchange for mortgages or cash loans; when may have.

No home mortgage or other obligation or lien shall be acquired by the Corporation under subsection (d), and no cash advance shall be made under subsection (f), unless the applicant was in involuntary default on June 13, 1933, with respect to the indebtedness on his real estate and is unable to carry or refund his

Proviso.

Waiver of limitations.

present mortgage indebtedness: Provided, That the foregoing limitation shall not apply in any case in which it is specifically shown to the satisfaction of the Corporation that a default after such date was due to unemployment or to economic conditions or misfortune beyond the control of the applicant, or in any case in which the home mortgage or other obligation or lien is held by an institution which is in liquidation. 645 “(m) In all cases where the Corporation is authorized to advance

Cash advances for home maintenance.

cash to provide for necessary maintenance and to make necessary repairs it is also authorized to advance cash or exchange bonds for the rehabilitation, modernization, rebuilding and enlargement of

Rehabilitation, etc.

the homes financed; and in all cases where the Corporation has acquired a home mortgage or other obligation or lien it is authorized to advance cash or exchange bonds to provide for the maintenance, repair, rehabilitation, modernization, rebuilding, and enlargement of the homes financed and to take an additional lien, mortgage, or conveyance to secure such additional advance or to take a new home mortgage for the whole indebtedness; but the total

Limitation.

amount advanced shall in no case exceed the respective amounts or percentages of value of the real estate as elsewhere provided in this section. Not to exceed $200,000,000 of the proceeds derived from

Maximum allowance for maintenance of real property.

the sale of bonds of the Corporation shall be used in making cash advances to provide for necessary maintenance and necessary repairs and for the rehabilitation, modernization, rebuilding and enlargement of real estate securing the home mortgages and other obligations and liens acquired by the Corporation under this section.

Sec. 3. The sixth sentence of section 4 (d) of the Home Owners’

Extension to home owner authorized.

Loan Act of 1933 is amended to read as follows: “The Corporation may at any time grant an extension of time to any home owner for the payment of any installment of principal or interest owed by him to the Corporation if, in the judgment of the Corporation, the circumstances of the home owner and the condition of the security justify such extension.”

Sec. 4.

Subsection (g) of section 4 of the Home Owners’ Loan

Ante, p. 131.

Act of 1933 is hereby amended to read as follows:

“(g) The Corporation is further authorized to exchange bonds

Redemption of homes lost since January 1, 1930.

and to advance cash to redeem or recover homes lost by the owners by foreclosure or forced sale by a trustee under a deed of trust or under power of attorney, or by voluntary surrender to the mortgagee subsequent to January 1, 1930, subject to the limitations provided in subsection (d) of this section.”

Sec. 5.

Section 5 of the Home Owners’ Loan Act of 1933 is

Federal savings and loan associations.

Ante, p. 134.

Investment in full paid income shares of, on call of Home Loan Board.

amended by adding at the end thereof the following new subsections:

“(j) In addition to the authority to subscribe for preferred shares in Federal savings and loan associations, the Secretary of the Treasury is authorized on behalf of the United States to subscribe for any amount of full paid income shares in such associations, and it shall be the duty of the Secretary of the Treasury to subscribe for such full paid income shares upon the request of the Federal Home Loan Bank Board. Payment on such shares may be called from

Payments.

time to time by the association, subject to the approval of said Board and the Secretary of the Treasury, and such payments shall be made from the funds appropriated pursuant to subsection (g) of this section; but the amount paid in by the Secretary of the Treasury for shares under this subsection and such subsection (g), together

Maximum investment.

shall at no time exceed 75 per centum of the total investment in the shares of such association by the Secretary of the Treasury and other shareholders. Each such association shall issue receipts for

Receipts.

such payments by the Secretary of the Treasury in such form as may be approved by said Board and such receipts shall be evidence of the interest of the United States in such full paid income shares

Retirement, after 5 years, permitted.

to the extent of the amount so paid. No request for the repurchase of the full paid income shares purchased by the Secretary of the Treasury shall be made for a period of five years from the date of such purchase, and thereafter requests by the Secretary of the 646Treasury for the repurchase of such shares by such associations

Limitation.

shall be made at the discretion of the Board; but no such association shall be requested to repurchase any such shares in any one year in an amount in excess of 10 per centum of the total amount invested in such shares by the Secretary of the Treasury. Such repurchases shall be made in accordance with the rules and regulations prescribed by the Board for such associations. “(k)

Employment as fiscal agents.

When designated for that purpose by the Secretary of the Treasury, any Federal savings and loan association or member of any Federal Home Loan Bank may be employed as fiscal agent of the Government under such regulations as may be prescribed by said Secretary and shall perform all such reasonable duties as fiscal agent

Agents for any other Federal instrumentality.

of the Government as may be required of it. Any Federal savings and loan association or member of any Federal Home Loan Bank may act as agent for any other instrumentality of the United States when designated for that purpose by such instrumentality of the United States.”

Sec. 6.

Federal Home Loan Bank.

Ante, p. 134.

Conversion into Federal savings and loan association authorized.

Section 5(i) of the Home Owners’ Loan Act of 1933 is amended to read as follows:

“(i) Any member of a Federal Home Loan Bank may convert itself into a Federal savings and loan association under this Act upon a vote of 51 per centum or more of the votes cast at a legal meeting called to consider such action; but such conversion shall be subject to such rules and regulations as the Board may prescribe, and thereafter the converted association shall be entitled to all the benefits of this section and shall be subject to examination and regulation to the same extent as other associations incorporated pursuant to this Act.”

Sec. 7.

Federal Reserve Act, amendment.

Ante, p. 180.

Advances by reserve banks on Home Owners’ Loan Corporation bonds.

Ante, p. 348.

(a) The first sentence of the eighth paragraph of section 13 of the Federal Reserve Act, as amended, is further amended by inserting before the semicolon, after the words “Federal Farm Mortgage Corporation Act”, a comma and the following: “or by the deposit or pledge of bonds issued under the provisions of subsection (c) of section 4 of the Home Owners’ Loan Act of 1933, as amended.” (b)

Purchase and sale of corporation bonds.

Ante, p. 348.

Paragraph (b) of section 14 of the Federal Reserve Act, as amended, is further amended by inserting after the words “bonds of the Federal Farm Mortgage Corporation having maturities from date of purchase of not exceeding six months”, a comma and the following: “bonds issued under the provisions of subsection (c) of section 4 of the Home Owners’ Loan Act of 1933, as amended, and having maturities from date of purchase of not exceeding six months.”

Sec. 8.

Reserve bank as fiscal agent for corporation.

The Federal Reserve banks are authorized, with the approval of the Secretary of the Treasury, to act as depositaries, custodians, and fiscal agents for the Home Owners’ Loan Corporation.

Sec. 9.

Bonds of Federal Home Loan Banks, purchase by corporation.

The Home Owners’ Loan Corporation is authorized to buy bonds or debentures of Federal Home Loan Banks upon such terms as may be agreed upon or to loan money to Federal Home Loan Banks upon such terms as may be agreed upon but not to exceed $50,000,000 shall be invested or advanced under this section.

Sec. 10.

Home mortgages, acceptance as collateral security.

Vol. 47, p. 732.

The first sentence of section 10(b) of the Federal Home Loan Bank Act, as amended, is amended by inserting before the period at the end thereof a comma and the following: “unless the amount of the debt secured by such home mortgage is less than 50 per centum of the value of the real estate with respect to which the home mortgage was given, as such real estate was appraised when the home mortgage was made”,

647

Sec. 11. Section 6 of the Home Owners’ Loan Act of 1933 is

Encouragement of home financing and saving.

Appropriation for, allocated.

amended by adding at the end thereof the following new sentences: “For the purposes of this section the Secretary of the Treasury is authorized and directed to allocate and make immediately available to the Board, out of the funds appropriated pursuant to section 5 (g), the sum of $500,000. Such sum shall be in addition to the

Ante, p. 133.

funds appropriated pursuant to this section, and shall be subject to the call of the Board and shall remain available until expended.”

Sec. 12.

Subsection (e) of section 8 of the Home Owners’ Loan

Ante, p. 135.

Soliciting unauthorized charges.

Act of 1933, is hereby amended to read as follows:

“(e) No person, partnership, association, or corporation shall, directly or indirectly, solicit, contract for, charge or receive, or attempt to solicit, contract for, charge or receive any fee, charge, or other consideration from any person applying to the Corporation for a loan, whether bond or cash except ordinary fees authorized and required by the Corporation for services actually rendered for examination and perfection of title, appraisal, and like necessary

Punishment for.

services. Any person, partnership, association, or corporation violating the provisions of this subsection shall, upon conviction thereof, be fined not more than $10,000, or imprisoned not more than five years or both.”

Sec. 13. Subsection (k) of section 4 of the Home Owners’ Loan

Administrative rules, etc.

Ante, p. 132.

Application of payments to retirement of bonds.

Act of 1933 is hereby amended by inserting a new sentence after the second sentence of such subsection as follows: “All payments upon principal of loans made by the Corporation shall under regulations made by the Corporation be applied to the retirement of the bonds of the Corporation.”

Sec. 14. The eighth sentence of section 4 (a) of the Act entitled

Federal Farm Mortgage Corporation Act.

“An Act to provide for the establishment of a Corporation to aid in the refinancing of farm debts, and for other purposes”, approved

Bonds of, not to issue in excess of assets.

January 31, 1934, is amended to read as follows: “No such bonds shall be issued in excess of the assets of the Corporation, including the assets to be obtained from the proceeds of such bonds, but a failure to comply with this provision shall not invalidate the bonds or the guaranty of the same.”

Sec. 15. If any provision of this Act, or the application thereof

Separability of provisions.

to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Approved, April 27, 1934.

To amend section 1 of the Act entitled “An Act to provide for determining the heirs of the deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes”, approved June 25, 1910, as amended. 1934-04-30 169 Chapter 48 Stat. 647 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 169.]

AN ACT To amend section 1 of the Act entitled “An Act to provide for determining the heirs of the deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes”, approved June 25, 1910, as amended.

April 30, 1934.

[H. R. 5075.]

[Public, No. 179.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 1 of

Indian trust allotments.

Vol. 36, p. 855; Vol. 45, p. 161.

the Act entitled “An Act to provide for determining the heirs of deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes” (36 Stat. 855), be, and the same is hereby, amended to read as follows:

“That when any Indian to whom an allotment of land has been

Disposal of, to heirs of intestate Indians.

made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as hereinafter pro-648vided, the Secretary of the Interior, upon notice and hearing, under

Ascertainment of legal heirs.

Determination of competency.

such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decision thereon shall be final and conclusive. If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their own affairs, he shall issue to such heir or heirs a patent in fee for the allotment of such decedent ; if he shall decide one or more of the heirs to be incompetent, he may, in

Provisos.

Partition.

his discretion, cause such lands to be sold: Provided, That if the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales of lands allotted to Indians authorized by this or any other Act shall

Rules for sales.

be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a

Deposit required.

deposit of 10 per centum of the purchase price at the time of the

Forfeiture of payments, if terms not met.

sale. Should the purchaser fail to comply with the terms of sale prescribed by the Secretary of the Interior, the amount so paid shall be forfeited; in case the balance of the purchase price is to be paid on such deferred payments, all payments made, together with all interest paid on such deferred installments, shall be so forfeited for failure to comply with the terms of the sale. All forfeitures

Benefit of allottee.

Issue of patents.

shall inure to the benefit of the allottee or his heirs. Upon payment of the purchase price in full the Secretary of the Interior shall cause

Distribution of proceeds.

to be issued to the purchaser patent in fee for such land: Provided, That the proceeds of the sale of inherited lands shall be paid to such heir or heirs as may be competent and held in trust subject to use and expenditure during the trust period for such heir or heirs as may be incompetent as their respective interests shall appear: Provided further,

Competency certificates.

That the Secretary of the Interior is hereby authorized, in his discretion, to issue a certificate of competency, upon application therefor, to any Indian, or in case of his death to his heirs, to whom a patent in fee containing restrictions on alienation has been or may hereafter be issued, and such certificate shall have the effect of removing the restrictions on alienation contained in such patent:

Deposit of Indian funds in banks.

Indemnity bond from bank.

Provided further, That hereafter any United States Indian agent, superintendent, or other disbursing agent of the Indian Service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such bank or banks as he may select: Provided, That the bank or banks so selected by him shall first execute to the said disbursing agent a bond, with approved surety, in such amount as will properly safeguard the funds to be deposited. Such bonds shall be subject to the approval of the Secretary of the Interior.”

Approved, April 30, 1934.

Regulating procedure in criminal cases in the courts of the United States. 48 Stat. 648 Chapter 170 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 170.]

AN ACT Regulating procedure in criminal cases in the courts of the United States.

April 30, 1934.

[H.R. 7748.]

[Public, No. 180.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Criminal procedure, United States courts.

Pleas attacking indictments.

Time for filing, when based on jury irregularities.

That no plea to abate nor motion to quash any indictment upon the ground of irregularity in the drawing or impaneling of the grand jury or upon the ground of disqualification of a grand juror shall be sustained or granted unless such plea or motion shall have been filed before, or within ten days after, the defendant filing such plea or motion is presented for arraignment; and from the time such plea or motion is filed and until the termination of the first term of said court beginning subsequent to the final judgment on such plea or motion and649 during which a grand jury thereof shall be in session, no statute of

Running of statute of limitations barred.

limitations shall operate to bar another indictment of any defendant filing such plea or motion, or of any other defendant or defendants included in the indictment to which such plea or motion is directed, for the offense or offenses therein charged.

Sec. 2. No plea to abate nor motion to quash any indictment, upon

Disqualification of jurors as grounds for invalidating indictment.

the ground that one or more unqualified persons served upon the grand jury finding such indictment, shall be sustained if it appears that twelve or more jurors, after deducting the number so disqualified, concurred in the finding of said indictment: Provided, however,

Proviso.

Confidential character of juror’s vote.

That no juror shall be permitted to testify, in this connection, as to whether he or any other individual juror voted for or against the finding of such indictment, but it shall be the duty of the foreman of

Record of foreman.

each grand jury to keep a record of the number of grand jurors concurring in the finding of any indictment and to file such record with the clerk of the court at the time the indictment is returned. Such record shall not be made public except on order of the court.

Sec. 3. That this Act shall be applicable to the district courts of

Applicability of Act.

the United States, including the district courts of Alaska, Hawaii, Puerto Rico, and the Virgin Islands, and to the Supreme Court of the District of Columbia.

Approved, April 30, 1934.

To extend the times for commencing and completing the construction of a bridge across the Columbia River near The Dalles, Oregon. 48 Stat. 649 Chapter 171 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 171.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Columbia River near The Dalles, Oregon.

April 30, 1934.

[H.R. 7060.]

[Public, No. 181.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Columbia River.

Time extended for bridging, near The Dalles, Oreg.

Vol. 47, p. 1552.

That the times for commencing and completing the construction of a bridge across the Columbia River near The Dalles, Oregon, authorized to be built by The Dalles Bridge Company, a Washington corporation, by the Act of Congress approved March 4, 1933, are hereby extended one and three years, respectively, from March 4, 1934.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 30, 1934.

For the inclusion of certain lands in the national forests in the State of Idaho, and for other purposes. 48 Stat. 649 Chapter 172 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 172.]

AN ACT For the inclusion of certain lands in the national forests in the State of Idaho, and for other purposes.

April 30, 1934.

[H.R. 7425.]

[Public, No. 182.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National forests.

Certain lands in Idaho to be added to.

That the provisions of the Act entitled “An Act to consolidate national forest lands”, approved March 20, 1922 (U.S.C., title 16, sec. 485), are extended and

Vol. 42, p. 465; U.S.C., p. 420.

made applicable to the following-described lands in the State of Idaho:

Sections 5, 6, 7, and 8, township 40 north, range 1 west.

Description.

Sections 1, 2, 3, 11, and 12; section 10, except the southwest quarter northwest quarter and the west half southwest quarter, township 40 north, range 2 west.

Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 17, and 18; section 15, except the south half southwest quarter; north half northeast quarter, southwest quarter northeast quarter, northwest quarter, and the north half southwest quarter section 19; northeast quarter, east half north-650west quarter, and the southwest quarter section 20, township 40 north, range 3 west.

Sections 1 to 23, inclusive; northeast quarter, east half northwest quarter, northwest quarter northwest quarter, and the north half southeast quarter section 24; northeast quarter, east half northwest quarter, and the northwest quarter northwest quarter section 26; northeast quarter northeast quarter, west half northeast quarter, and the northwest quarter section 27; north half section 28; and the east half northeast quarter section 29, township 40 north, range 4 west.

Sections 9, 11, 12, 13, 14, and the south half section 1; south half section 2; southeast quarter section 3; section 10, except the north half northwest quarter; north half, and the east half southeast quarter, section 15; northeast quarter, and the north half southeast quarter section 16; north half, southeast quarter southwest quarter, and the southeast quarter, section 24, township 40 north, range 5 west.

Sections 29, 30. 31, and 32, township 41 north, range 1 west.

Sections 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 34, 35, 36, and the north half section 33, township 41 north, range 2 west.

Sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, and section 26 except the southwest quarter southwest quarter, township 41 north, range 3 west.

The southeast quarter section 32; southwest quarter, west half southeast quarter, and the southeast quarter southeast quarter, section 33; east half southeast quarter section 34; south half section 35, and section 36, except the northeast quarter, township 41 north, range 4 west.

All foregoing descriptions relate to Boise base and meridian.

Sec. 2. Lands within the national forests heretofore granted to

School, etc., lands within, may be exchanged for nonmineral areas.

the State of Idaho for educational or other purposes may, under such rules and regulations as the legislature of such State shall prescribe, be offered in exchange for any of the lands described in section 1 hereof which are of nonmineral character and approximately equal value and area, in the ownership of the United States or in other ownership, to the end that the State may acquire holdings in a reasonably compact form for economic administration as a forest property, or for use as an experimental, training, and demonstrational area by the School of Forestry of the University of Idaho, or for any other purposes that the legislature of the State may authorize or prescribe, anything in the enabling act of such State to the contrary notwithstanding.

Sec. 3. The lands conveyed to the United States under sections 1

Additions to forests.

and 2 of this Act (together with the land described in section 1 now owned by the United States, subject to all valid existing rights) shall, upon acceptance of title, become parts of the national forest within whose exterior boundaries they are located.

Approved, April 30, 1934.

To extend the times for commencing and completing the construction of a bridge across the Columbia River at or near The Dalles, Oregon. 48 Stat. 650 Chapter 173 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 173.]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Columbia River at or near The Dalles, Oregon.

April 30, 1934.

[H.R. 7801.]

[Public, No. 183.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Columbia River.

Time extended for bridging, at The Dalles, Oreg.

That the times for-commencing and completing the construction of a bridge across the Columbia River at or near The Dalles, Oregon, authorized to be built651 by Dalles City, by an Act of Congress approved February 20, 1931,

Vol. 46, p. 1193; Vol. 47, pp. 48, 806, amended.

heretofore extended by Act of Congress approved February 11, 1932, and further extended by Act of Congress approved February 14, 1933, are hereby further extended one and three years, respectively, from February 20, 1934.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 30, 1934.

Granting the consent of Congress to the Iowa State Highway Commission and the Missouri Highway Department to maintain a free bridge already constructed across the Des Moines River near the city of Keokuk, Iowa. 48 Stat. 651 Chapter 174 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 174.]

AN ACT Granting the consent of Congress to the Iowa State Highway Commission and the Missouri Highway Department to maintain a free bridge already constructed across the Des Moines River near the city of Keokuk, Iowa.

April 30, 1934.

[H.R. 8040.]

[Public, No. 184.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Des Moines River.

Operation of bridge across, at Keokuk, Iowa.

That the consent of Congress is hereby granted to the Iowa State Highway Commission and the Missouri State Highway Department, and its successors and assigns, to maintain and operate, in accordance with the provisions

Vol. 34, p. 84

of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, a bridge and approaches thereto already constructed across the Des Moines River near the city of Keokuk, Iowa, which bridge is hereby declared

Structure legalized.

to be a lawful structure to the same extent and in the same manner as if it had been constructed in accordance with the provisions of said Act of March 23, 1906.

Sec. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, April 30, 1934.

To legalize a bridge across Black River at or near Pocahontas, Arkansas. 48 Stat. 651 Chapter 175 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 175.]

AN ACT To legalize a bridge across Black River at or near Pocahontas, Arkansas.

April 30, 1934.

[H.R. 8237.]

[Public, No. 185.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Black River.

Bridge across, at Pocahontas, Ark., legalized.

That the bridge now being constructed across Black River at or near Pocahontas, Arkansas, by the Arkansas State Highway Commission, if completed in accordance with the plans accepted by the Chief of Engineers and the Secretary of War as providing suitable facilities for navigation and operated as a free bridge, shall be a lawful structure, and shall

Construction.

Vol. 34, p. 84.

be subject to the conditions and limitations of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, other than those requiring the approval of plans by the Secretary of War and the Chief of Engineers before the bridge is commenced.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 30, 1934.

To legalize a bridge across Saint Francis River at or near Lake City, Arkansas. 48 Stat. 651 Chapter 176 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 176.]

AN ACT To legalize a bridge across Saint Francis River at or near Lake City, Arkansas.

April 30, 1934.

[H.R. 8438.]

[Public, No. 186.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Saint Francis River.

Bridge across, at Lake City, Ark., legalized.

That the bridge now being constructed across Saint Francis River at or near Lake City, Arkansas, by the Arkansas State Highway Commission, if completed in accordance with the plans accepted by the Chief of652 Engineers and the Secretary of War as providing suitable facilities for navigation and operated as a free bridge, shall be a lawful

Construction.

Vol. 34, p. 84.

structure, and shall be subject to the conditions and limitations of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 30, 1934.

To revive and reenact the Act entitled “An Act authorizing D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near the town of New Boston, Illinois”, approved March 3, 1931. 48 Stat. 652 Chapter 177 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 177.]

AN ACT To revive and reenact the Act entitled “An Act authorizing D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near the town of New Boston, Illinois”, approved March 3, 1931.

April 30, 1934.

[H.R. 8429.]

[Public, No. 187.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Mississippi River.

Authority to bridge, at New Boston, Ill., revived.

That the Act approved March 3, 1931, granting the consent of Congress to D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge and approaches thereto

Vol. 46, p. 1503, amended.

across the Mississippi River at a point suitable to the interests of navigation, at or near the town of New Boston, Illinois, be, and the same is hereby, revived and reenacted: Provided, That this Act

Proviso.

Time limitation.

shall be null and void unless the actual construction of the bridge and approaches thereto herein referred to be commenced within one year and completed within three years from the date of approval hereof.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 30, 1934.

Authorizing the State Road Commission of West Virginia to construct, maintain, and operate a toll bridge across the Potomac River at or near Shepherdstown, Jefferson County, West Virginia. 48 Stat. 652 Chapter 178 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 178.]

AN ACT Authorizing the State Road Commission of West Virginia to construct, maintain, and operate a toll bridge across the Potomac River at or near Shepherdstown, Jefferson County, West Virginia.

April 30, 1934.

[H.R. 8477.]

[Public, No. 188.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Potomac River.

West Virginia may bridge, at Shepherdstown.

That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the State Road Commission of West Virginia be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Potomac River, at a point suitable to the interests of navigation, at or near Shepherdstown, Jefferson County, West Virginia, in accordance with the provisions of the Act entitled “An Act to regulate the construction

Construction.

Vol. 34, p. 84.

of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. There is hereby conferred upon the State Road Commission

Right to acquire real estate, etc., for location, approaches, etc.

of West Virginia all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor,

Condemnation proceedings.

to be ascertained and paid according to the laws of such State,653 and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State.

Sec. 3. The said State Road Commission of West Virginia is

Tolls authorized.

hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed

Vol. 34, p. 85.

by the Secretary of War under the authority contained in the Act of March 23, 1906.

Sec. 4. In fixing the rates of toll to be charged for the use of

Charges to be applied to operation, sinking, etc., fund.

such bridge the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of such bridge and its approaches, including reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period of not to exceed twenty years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the cost of the bridge and its

Record of expenditures and receipts to be kept.

approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

Sec. 5. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 30, 1934.

Authorizing the owners of Cut-Off Island, Posey County, Indiana, to construct, maintain, and operate a free highway bridge or causeway across the old channel of the Wabash River. 48 Stat. 653 Chapter 179 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 179.]

AN ACT Authorizing the owners of Cut-Off Island, Posey County, Indiana, to construct, maintain, and operate a free highway bridge or causeway across the old channel of the Wabash River.

April 30, 1934.

[H.R. 8834.]

[Public, No. 189.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Wabash River.

Bridge authorized across, Cut-Off Island, Ind., to White County, Ill.

That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes, the owners of Cut-Off Island, Posey County, Indiana, are hereby authorized to construct, maintain, and operate a free highway bridge or causeway (including approaches thereto) across the old channel of the Wabash River, in order to connect such island with the highway system in White

Construction.

Vol. 34, p. 84.

County, Illinois, in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. There is hereby conferred upon the owners of Cut-Off

Right to acquire real estate, etc., for location, approaches, etc.

Island, Indiana, all the rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge or causeway, and its approaches, as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation

Condemnation proceedings.

or expropriation of property for public purposes in such State.

654

Sec. 3. The term “owners”, as used in this Act, means the owners

Term “owners” defined.

of Cut-Off Island, Indiana, at the date of the enactment of this Act, and any future owners of such island.

Sec. 4. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 30, 1934.

To extend the time for the construction of a bridge across the Wabash River at a point in Sullivan County, Indiana, to a point opposite on the Illinois shore. 48 Stat. 651 Chapter 180 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 180.]

AN ACT To extend the time for the construction of a bridge across the Wabash River at a point in Sullivan County, Indiana, to a point opposite on the Illinois shore.

April 30, 1934.

[H.R. 8853.]

[Public, No. 190.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Wabash River.

Time extended for bridging, Sullivan County, Ind.

Vol. 47, p. 44, amended.

That the times for commencing and completing the construction of a bridge authorized by Act of Congress approved February 10, 1932, to be built by Sullivan County, Indiana, or any board or commission of said county which is or may be created or established for the purpose, across the Wabash River, extending from some point in the county across said river to a point opposite on the Illinois shore, are hereby extended one and three years, respectively, from the date of approval hereof.

Sec. 2. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, April 30, 1934.

To amend the District of Columbia Alcoholic Beverage Control Act by amending sections 11, 22, 23, and 24. 48 Stat. 654 Chapter 181 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 181.]

AN ACT To amend the District of Columbia Alcoholic Beverage Control Act by amending sections 11, 22, 23, and 24.

April 30, 1934.

[H.R. 8854.]

[Public, No. 191.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia Alcoholic Beverage Control Act, amended.

Ante, p. 325.

Wholesalers’, Class A.

Sales to other than licensee modified.

That section 11, subsection (c), of the District of Columbia Alcoholic Beverage Control Act is amended by adding at the end of the first paragraph thereof the following: “It shall not authorize the sale of beverages to any other person except as may be provided by regulations promulgated by the Commissioners under this Act.”

Sec. 2. That section 22 of the said Alcoholic Beverage Control

Ante, p. 332.

Reports by licensees.

Act be amended by adding at the end thereof a new paragraph to read as follows: “(c) The Commissioners may at any time suspend or revoke in whole or in part the requirements of this section.”

Sec. 3. That section 23 of the said Alcoholic Beverage Control Act

Ante, p. 332.

is amended so as to read as follows:

“Sec. 23. (a) There shall be levied, collected, and paid on all of

Tax levy.

Post, p. 1014.

the following-named beverages manufactured by a holder of a manufacturer’s license, and on all of the said beverages imported or brought into the District of Columbia by a holder of a wholesaler’s or retailer’s license, a tax at the following rates, to be paid by the licensee in the manner hereinafter provided: “(1) A tax of 35 cents on every wine-gallon of wine containing

Wine.

more than 14 per centum of alcohol by volume, except champagne, or any wine artificially carbonated and a proportionate tax at a like rate on all fractional parts of such gallon; (2) a tax of 50 cents on

Champagne.

every wine-gallon of champagne or any wine artificially carbonated, and a proportionate tax at a like rate on all fractional parts of such gallon; (3) a tax of 50 cents on every wine-gallon of spirits, and a

Spirits.

proportionate tax at a like rate on all fractional parts of such gal-655lon; (4) and a tax of $1.10 on every wine-gallon of alcohol, and a

Alcohol.

proportionate tax at a like rate on all fractional parts of such gallon. “(b) Said taxes shall be collected by and paid to the Collector of

Payment to Collector; division of credit.

Taxes of the District of Columbia and shall be deposited in the Treasury of the United States to the credit of the District of Columbia. “(c) Said taxes shall be collected and paid by the affixture of a

Taxes to be paid by affixture of stamps on container.

stamp or stamps secured from the Collector of Taxes of the District of Columbia denoting the payment of the amount of the tax imposed by this Act upon such beverage, such affixture to be upon the immediate container of the beverage, unless the Commissioners shall by regulation permit otherwise. “(d) The Collector of Taxes of the District of Columbia shall

Stamps to be furnished by Collector.

furnish suitable stamps, to be prescribed by the Commissioners, denoting the payment of the taxes imposed by this Act, and shall by the sale of such stamps at the amounts indicated on the faces thereof cause the said taxes to be collected. “(e) Upon beverages manufactured in the District of Columbia

Beverages of local manufacture.

by a manufacturer licensed under this Act, the stamps required by this Act shall be affixed before the removal of the beverage from the place of business or warehouse of the said manufacturer for delivery to a purchaser. Upon beverages except taxable light wines,

Without the District.

imported or brought into the District of Columbia by any wholesaler licensed under this Act, the stamps required by this Act shall

Stamp requirements.

be affixed before the removal of the beverage from the place of business or warehouse of the said wholesaler for delivery to a purchaser; upon taxable light wines imported or brought into the District of

Taxable light wines brought into the District.

Columbia by any wholesaler licensed under this Act, the said stamps shall be affixed within twenty-four hours (excluding Sunday from the count) after the wines are received at the licensed premises of the wholesaler and before said wines are sold by such wholesaler. Upon beverages purchased outside the District of Columbia by any

Outside purchases by local licensees.

retailer licensed under this Act, the stamps required by this Act shall be affixed within twenty-four hours (excluding Sunday from the count) after the beverage is received at the licensed premises of said retailer and before said beverage is sold by such retailer. “(f) No person shall use or cause to be used for the payment of

Reuse of stamps prohibited.

any tax imposed by this Act a stamp or stamps already theretofore used for the payment of any such tax. “(g) No tax shall be levied and collected on any alcohol exempt

Tax-free alcohol or for nonbeverage purposes.

from tax under the laws of the United States, or on any alcohol sold for nonbeverage purposes by the holder of a manufacturer’s or wholesaler’s license, in accordance with the regulations promulgated by the Commissioners. “(h) If any Act of Congress shall hereafter prescribe for a Federal

Local tax withdrawn if revenue otherwise obtained.

volume tax on alcoholic beverages under which a portion of said tax shall be returned to the District of Columbia, the taxes levied under this section shall not be collected after the effective date of said Act. “(i) The possession by any licensee of any beverage after its

Enforcement provisions.

removal from the licensed premises of a manufacturer or wholesaler within the District of Columbia or after twenty-four hours (Sunday being excluded from the count) after its receipt from outside the District of Columbia, upon which the tax required has not been paid, shall render such beverage liable to seizure wherever found, and to forfeiture by the District of Columbia. And the absence of the proper stamps from any container (or wrapper if

Absence of stamps prima facie evidence of nonpayment.

such be permitted) after the time at which the affixture of the stamp is required by this Act shall be notice to all persons that the tax656 has not been paid thereon and shall be prima facie evidence of the nonpayment thereof. Such beverage so liable to forfeiture shall

Proceedings.

be proceeded against in the Supreme Court of the District of Columbia by the corporation counsel of the District of Columbia, and, if condemned, the said beverage shall be disposed of by destruction

Disposition if condemned.

or delivered for medicinal, mechanical, or scientific uses to any department or agency of the United States Government or the District of Columbia government or any hospital or other charitable institution in the District of Columbia, or sold at public auction, as the court may direct. The proceedings of such libel cases shall conform, as near as may be, to the proceedings in admiralty, and all such proceedings shall be at the suit of and in the name of the District of Columbia. “(j) Any person who shall counterfeit or forge any stamp required

Punishment for counterfeiting, etc.

by this Act shall, upon conviction, be subject to a fine not exceeding $5,000 or to imprisonment for a period of not more than two years, or to both such fine and imprisonment.”

Sec. 4. That section 24 of said Alcoholic Beverage Control Act is amended so as to read as follows:

“Sec. 24. (a) Every licensed manufacturer, wholesaler, and

Statement of present stock to be made.

retailer under this Act shall furnish the Collector of Taxes of the District of Columbia on the day this Act becomes effective a statement under oath, on a form to be prescribed by the Commissioners, showing the amount and kind of taxable beverages held and possessed by him on the day this Act becomes effective, and shall state the

Necessary stamps to be attached to such container.

number and denomination of stamps necessary for the stamping of such beverages so held and possessed on said date, as required by this Act. “(b) All beverages held or possessed by any licensed manufacturer,

Stamps to be furnished free and affixed to present tax-paid stock.

wholesaler and retailer under this Act on the effective date of this Act shall have the stamps affixed thereto as required by this Act, but such stamps shall be furnished free and without cost to such licensee by the Collector of Taxes of the District of Columbia upon receipt by him of the statement under oath required by paragraph (a) of this section: Provided, however, That such licensee shall on

Proviso.

Sworn statements to be filed by licensees.

or before the 10th day of the calendar month first occurring after the effective date of this Act, file with the Board the statement under oath required under section 22, paragraphs (a) and (b) of

Ante, p. 332.

the Alcoholic Beverage Control Act for the District of Columbia as originally enacted and approved, and shall on or before the 15th day of the calendar month first occurring after the effective date

Payment to be made.

of this Act pay to the Collector of Taxes of the District of Columbia all taxes imposed by section 23 of said Act, as originally enacted and approved, on the beverages so reported as herein required.”

Sec. 5. This Act shall become effective on the 1st day of the calendar

Effective date.

month first occurring after thirty days from the approval thereof.

Approved, April 30, 1934.

Providing for settlement of claims of officers and enlisted men for extra pay provided by Act of January 12, 1899. 48 Stat. 656 Chapter 182 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 182.]

AN ACT Providing for settlement of claims of officers and enlisted men for extra pay provided by Act of January 12, 1899.

April 30, 1934.

[H.R. 1724.]

[Public, No. 192.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Volunteer Army.

Claims of officers and enlisted men for extra pay, to be settled.

That the General Accounting Office is authorized and directed to receive and settle claims of officers and enlisted men who were appointed or enlisted657 in the Army under the Act of March 2, 1899 (30 Stat. L. 979), for one or two months’ extra pay provided by the Act of January 12,

Vol. 30, pp. 979, 784.

1899, as amended (30 Stat. L. 784), notwithstanding the disallowance of their claims for such extra pay by the former accounting officers of the Treasury.

Approved, April 30, 1934.

Authorizing the Secretary of Commerce to acquire a site for a lighthouse depot at New Orleans, Louisiana, and for other purposes. 48 Stat. 657 Chapter 183 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 183.]

AN ACT Authorizing the Secretary of Commerce to acquire a site for a lighthouse depot at New Orleans, Louisiana, and for other purposes.

April 30, 1934.

[H.R. 7488.]

[Public, No. 193.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

New Orleans, La.

Lease of site for lighthouse at, authorized.

That the Secretary of Commerce is hereby authorized to acquire, by purchase from the Board of Commissioners of the Port of New Orleans, New Orleans, Louisiana, a lease for not exceeding ninety-nine years of a site on which is to be located the New Orleans Lighthouse Depot for a consideration of not exceeding $20,000 for the ninety-nine years, payment thereof to be made upon approval of the lease by the Secretary of Commerce from funds allotted and made available for this project by proper authority. The site shall contain aproximately¹¹ So in original.

Area.

two and twenty-eight one-hundredths acres, description of which by metes and bounds shall be incorporated in the lease; and the Secretary of Commerce is authorized to erect upon such site such wharves, docks, and other structures as he may determine to be

Structures.

feasible and suitable for the purposes of the lighthouse depot, and to make payment therefor from funds allotted and made available for this project by proper authority.

Approved, April 30, 1934.

Requesting the President to proclaim October 12 as Columbus Day for the observance of the anniversary of the discovery of America. 48 Stat. 657 Chapter 184 1934-04-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 184.]

JOINT RESOLUTION Requesting the President to proclaim October 12 as Columbus Day for the observance of the anniversary of the discovery of America.

April 30, 1934.

[H.J. Res. 10.]

[Pub. Res., No. 21.]

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

Columbus Day.

President requested to issue proclamation commemorating.

That the President of the United States is authorized and requested to issue a proclamation designating October 12 of each year as Columbus Day and calling upon officials of the Government to display the flag of the United States on all Government buildings on said date and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies expressive of the public sentiment befitting the anniversary of the discovery of America.

Approved, April 30, 1934.

To add certain lands to the Pike National Forest, Colorado. 48 Stat. 657 Chapter 191 1934-05-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 191.]

AN ACT To add certain lands to the Pike National Forest, Colorado.

May 3, 1934.

[H. R. 2858.]

[Public, No. 194.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Pike National Forest, Colo.

Lands added to.

U.S.C., p. 418; Supp. VII, p. 321.

That the following-described lands be, and the same are hereby, added to and made a part of the Pike National Forest, in the State of Colorado, and are658 to be hereafter administered under the laws and regulations relating to the national forests:

Township 9 south, range 77 west, sixth principal meridian: West

Description.

half northwest quarter and west half southwest quarter section 30; northwest quarter northwest quarter, south half northwest quarter, south half northeast quarter, and south half section 31; south half northwest quarter, south half northeast quarter, and south half section 32.

Township 10 south, range 77 west, sixth principal meridian: North half section 5; north half and southwest quarter section 6; west half section 7; west half and south half southeast quarter section 18; north half northwest quarter and north half northeast quarter section 19; southwest quarter section 30; and west half section 31.

Township 10 south, range 78 west, sixth principal meridian: South half section 35 and south half section 36.

Township 11 south, range 77 west, sixth principal meridian: West half southwest quarter and southeast quarter southwest quarter section 19; west half northwest quarter and west half southwest quarter section 27.

Township 11 south, range 78 west, sixth principal meridian: Sections 3, 10, 15, 22, and the west half southwest quarter section 14; west half northwest quarter and south half section 23; and the south half section 24.

Township 12 south, range 77 west, sixth principal meridian: West half southwest quarter section 11; west half northwest quarter, west half southwest quarter, southeast quarter southwest quarter section 14; northwest quarter section 23; southwest quarter section 26; north half section 34, and northwest quarter section 35.

Township 13 south, range 77 west, sixth principal meridian: West half southwest quarter section 2; south half section 3; all of section 10; west half northwest quarter and west half southwest quarter section 11.

The inclusion of any of the aforesaid land in the Pike National

Pending application not affected.

Forest shall not affect adversely any valid application or entry pending at the date of approval of this Act.

Approved, May 3, 1934.

To add certain lands to the Cochetopa National Forest in the State of Colorado. 48 Stat. 658 Chapter 192 1934-05-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 192.]

AN ACT To add certain lands to the Cochetopa National Forest in the State of Colorado.

May 3, 1934.

[H.R. 2862.]

[Public, No. 195.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Cochetopa National Forest, Colo.

Lands added to.

U.S.C., p., 418; Supp. VII, p. 321.

That the following-described lands be, and the same are hereby, added to and made a part of the Cochetopa National Forest in the State of Colorado and are hereafter to be administered under the laws and regulations relating to the national forests:

Township 12 south, range 79 west, sixth principal meridian: West

Description.

half and southeast quarter section 16; all of sections 17 and 21; west half and southeast quarter section 22; and all of section 27.

Township 13 south, range 76 west, sixth principal meridian: Northeast quarter section 31; and west half northwest quarter section 32.

Township 13 south, range 77 west, sixth principal meridian: West half and southeast quarter section 14; northeast quarter section 15; east half section 23; west half northwest quarter and west half southwest quarter section 24.

659

Township 13 south, range 79 west, sixth principal meridian: West half section 22; west half section 27; all of section 34.

Township 14 south, range 79 west, sixth principal meridian: All of sections 3 and 10; west half, west half northeast quarter, and west half southeast quarter section 11; and all of section 35.

Township 15 south, range 76 west, sixth principal meridian: East half and southwest quarter section 10; west half section 11; west half and southeast quarter section 14; all of sections 15, 21, 22, 23, 26, and 27; east half section 28; east half section 33; all of sections 34 and 35; and west half section 36.

Township 15 south, range 78 west, sixth principal meridian: South half southwest quarter section 7; west half section 18; west half section 19; west half section 30; west half and southeast quarter section 31; and southwest quarter section 32.

Township 15 south, range 79 west, sixth principal meridian: South half northeast quarter, south half northwest quarter, and south half section 1; all of section 2; east half section 11; all of sections 12 and 13; northeast quarter section 14; all of section 24; and north half section 25.

Township 44 north, range 4 east, New Mexico principal meridian: North half sections 3 and 4.

Township 44 north, range 6 east, New Mexico principal meridian: Sections 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 22, 23, and 24.

Township 45 north, range 4 east, New Mexico principal meridian: Sections 2, 11, 14, and 23.

Township 45 north, range 5 east, New Mexico principal meridian: East half section 32; sections 33, 34, 35, and 36.

Township 45 north, range 7 east, New Mexico principal meridian: Section 12.

Township 45 north, range 8 east, New Mexico principal meridian: Sections 17 and 18.

Township 46 north, range 5 east, New Mexico principal meridian: Section 19; west half, north half northeast quarter section 20; west half northwest quarter section 30.

Township 46 north, range 6 east, New Mexico principal meridian: Sections 4, 5, 8, 9, 11, 16, and 17.

Township 46 north, range 8 east, New Mexico principal meridian: Section 1; north half section 12; southwest quarter northwest quarter, west half southwest quarter section 13; northwest quarter southwest quarter, south half southwest quarter section 17; south half northeast quarter, southeast quarter section 18; east half section 19; northwest quarter, south half section 20; north half sections 22 and 23; northwest quarter northwest quarter section 24; section 29; east half section 30; northeast quarter section 31; and north half section 32.

Township 47 north, range 8 east, New Mexico principal meridian: Southwest quarter, west half southeast quarter section 2; west half, west half east half section 11; west half, west half east half section 14; west half section 24; sections 25 and 36.

Township 48 north, range 3 east, New Mexico principal meridian: Southeast quarter section 25; southwest quarter section 26; sections 27 and 28; north half, southeast quarter section 33.

Township 48 north, range 4 east, New Mexico principal meridian: Sections 1, 2, and 3; east half, east half west half, northwest quarter northwest quarter section 10; sections 11, 12, 13, and 14; northeast quarter, north half southeast quarter, southeast quarter southeast quarter section 15; sections 23, 24, 25, and 26; east half, southwest quarter section 27; south half section 28; east half southeast quarter section 29; southwest quarter section 30.

660

Township 48 north, range 5 east, New Mexico principal meridian: West half section 3; sections 4 and 9; west half section 10; sections 15, 16, 17, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, 35, and 36.

Township 48 north, range 7 east, New Mexico principal meridian: Section 1.

Township 48 north, range 8 east, New Mexico principal meridian: Sections 5, 6, 8, and 17.

Township 49 north, range 4 east, New Mexico principal meridian: Sections 25, 26, 27; east half section 28; sections 34, 35, and 36.

Township 49 north, range 5 east, New Mexico principal meridian: Section 16; east half section 17; northeast quarter section 20; section 21; west half sections 22 and 27; sections 28 and 33; west half section 34.

Township 49 north, range 7 east, New Mexico principal meridian: Sections 10, 15, 24, 25, and 36.

Township 49 north, range 8 east, New Mexico principal meridian: Sections 19, 20, 29, 30, 31, and 32.

Township 50 north, range 7 east, New Mexico principal meridian: Sections 1, 12; north half, southwest quarter, west half southeast quarter section 13; sections 14 and 23.

Township 50 north, range 8 east, New Mexico principal meridian: East half section 1; east half section 12.

Township 50 north, range 9 east, New Mexico principal meridian: All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and east half section 22; sections 23, 24, 25, and 26; east half section 27; section 36.

Township 50 north, range 10 east, New Mexico principal meridian: Entire township.

Township 51 north, range 8 east, New Mexico principal meridian: Section 19; east half section 25; section 30; east half section 36.

Township 51 north, range 9 east, New Mexico principal meridian: Entire township.

Township 51 north, range 10 east, New Mexico principal meridian: Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, and 22; west half section 23; sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36.

Provided, That the inclusion of any of the aforesaid land in the

Existing rights not affected.

Cochetopa National Forest shall not affect adversely any right existing under the public-land laws at the date of the approval of this Act.

Approved, May 3, 1934.

To authorize the sale of land and houses at Anchorage, Alaska. 48 Stat. 660 Chapter 193 1934-05-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 193.]

AN ACT To authorize the sale of land and houses at Anchorage, Alaska.

May 3, 1934.

[H.R. 6013.]

[Public, No. 196.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Anchorage, Alaska.

Sale of certain Federal property at, authorized.

That the Secretary of the Interior is hereby authorized to sell after appraisement and due advertisement, at public sale or under sealed bids and under such terms and conditions as he may prescribe, such lots with buildings thereon, the property of the United States, at Anchorage, Alaska, as in his judgment should be sold: Provided, That a preference

Proviso.

Preferential rights to occupants.

right, in the discretion of the Secretary of the Interior, first may be accorded to the occupants of the properties to purchase the property so occupied at the appraised price.

Approved, May 3, 1934.

Authorizing the city of East Saint Louis, Illinois, to construct, maintain, and operate a toll bridge across the Mississippi River at or near a point between Morgan and Wash Streets in the city of Saint Louis, Missouri, and a point opposite thereto in the city of East Saint Louis, Illinois. 48 Stat. 661 Chapter 194 1934-05-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 661 [CHAPTER 194.]

AN ACT Authorizing the city of East Saint Louis, Illinois, to construct, maintain, and operate a toll bridge across the Mississippi River at or near a point between Morgan and Wash Streets in the city of Saint Louis, Missouri, and a point opposite thereto in the city of East Saint Louis, Illinois.

May 3, 1934.

[H.R. 7803.]

[Public, No. 197.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Mississippi River.

East Saint Louis, Ill., may bridge, to Saint Louis, Mo.

That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes, the city of East Saint Louis, Illinois, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near a point between Morgan and Wash Streets in the city of Saint Louis, Missouri, and a point opposite thereto in the city of East Saint Louis, Illinois, in accordance with the provisions of the Act entitled “An Act

Construction.

Vol. 34, p. 84.

to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. There is hereby conferred upon the city of East Saint

Right to acquire realty, etc., for approaches, etc.

Louis, Illinois, all such rights and powers to enter upon land and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be

Condemnation proceedings.

ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State.

Sec. 3. The said city of East Saint Louis, Illinois, is hereby

Tolls authorized.

authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of

Vol. 34, p. 85.

March 23, 1906.

Sec. 4. In fixing the rates of toll to be charged for the use of such

Tolls to be applied to operation, sinking fund, etc.

bridge the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of such bridge and its approaches, including reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period not to exceed thirty years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so

Maintenance as free bridge after amortizing costs.

provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the cost of

Record of expenditures and receipts.

Sec. 5. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, May 3, 1934.

Granting the consent of Congress to the Mississippi Highway Commission to construct, maintain, and operate a free highway bridge across the Pearl River in the State of Mississippi. 48 Stat. 662 Chapter 195 1934-05-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 662 [CHAPTER 195.]

AN ACT Granting the consent of Congress to the Mississippi Highway Commission to construct, maintain, and operate a free highway bridge across the Pearl River in the State of Mississippi.

May 3, 1934.

[H.R. 8516.]

[Public, No. 198.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Pearl River.

Mississippi may bridge at Carthage.

That the consent of Congress is hereby granted to the Mississippi Highway Commission to construct, maintain, and operate a free highway bridge and approaches thereto across the Pearl River, at a point suitable to the interests of navigation, at or near Carthage, Leake County, Mississippi,

Construction.

Vol. 34, p. 84.

in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906.

Sec. 2. That the right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, May 3, 1934.

Granting consent of Congress to an agreement or compact entered into by the State of New York with the Dominion of Canada for the establishment of the Buffalo and Fort Erie Public Bridge Authority with power to take over, maintain and operate the present highway bridge over the Niagara River between the city of Buffalo, New York, and the village of Fort Erie, Canada. 48 Stat. 662 Chapter 196 1934-05-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 196.]

JOINT RESOLUTION Granting consent of Congress to an agreement or compact entered into by the State of New York with the Dominion of Canada for the establishment of the Buffalo and Fort Erie Public Bridge Authority with power to take over, maintain and operate the present highway bridge over the Niagara River between the city of Buffalo, New York, and the village of Fort Erie, Canada.

May 3, 1934.

[H.J. Res. 315.]

[Pub. Res., No. 22.]

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

Buffalo-Ft. Erie bridge.

Compact for establishing and operating approved.

Vol. 41, p. 400; Vol. 43, p. 355.

That the consent of the Congress of the United States be, and it is hereby, given to the State of New York to enter into the agreement or compact with the Dominion of Canada set forth in chapter 824 of the Laws of New York, 1933, and an act respecting the Buffalo and Fort Erie Public Bridge Authority passed at the fifth session, Seventeenth Parliament, Dominion of Canada (24 George V 1934), assented to March 28, 1934, for the establishment of the Buffalo and Fort Erie Public Bridge Authority as a municipal corporate instrumentality of said State and with power to take over, maintain, and operate the present highway bridge over the Niagara River between the city of Buffalo, in the State of New York, and the village of Fort Erie, in the Dominion of Canada.

Approved, May 3, 1934.

To authorize the city of Fernandina, Florida, under certain conditions, to dispose of a portion of the Amelia Island Lighthouse Reservation. 48 Stat. 662 Chapter 210 1934-05-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 210.]

AN ACT To authorize the city of Fernandina, Florida, under certain conditions, to dispose of a portion of the Amelia Island Lighthouse Reservation.

May 4, 1934.

[H.R. 2828.]

[Public, No. 199.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Amelia Island Lighthouse Reservation.

Fernandina, Fla., may convey portion of, under certain conditions.

Vol. 44, p. 624.

That upon the payment of $1,000 by the city of Fernandina, Florida, to the Secretary of Commerce such city is authorized to convey, without regard to the conditions and limitations of paragraph (6) of section 1 and of section 2 of the Act entitled “An Act to authorize the Secretary of Commerce to dispose of certain lighthouse reservations, and and¹¹ So in original. to increase the efficiency of the Lighthouse Service, and for other purposes”, approved May 22, 1926, and without regard to the

Vol. 46, p. 1485.

conditions and limitations of the Act entitled “An Act to authorize the city of Fernandina, Florida, under certain conditions, to dispose of a portion of the Amelia Island Lighthouse Reservation”,663 approved March 3, 1931, the land conveyed to such city pursuant to paragraph (6) of section 1 of the Act approved May 22, 1926, a tract bounded on the south by so much of the shell road as crosses section 12, on the east by the eastern boundary of section 12 with a water front nine hundred and sixty feet more or less, on the north by a straight line extending from such eastern boundary for one thousand feet more or less to the western boundary of section 12, and on the west by the western boundary of section 12 extending one thousand feet more or less to the shell road, containing twenty acres more or less. Any conveyance made by such city shall contain express conditions reserving to the United States (1) a perpetual

Rights reserved.

easement for beams of lights from the Amelia Island Lighthouse, and (2) the right to trim any trees and to limit the height of any structures erected on such property that may obstruct the beams of such light.

Approved, May 4, 1934.

To repeal an Act of Congress entitled “An Act to modify and amend the mining laws in their application to the Territory of Alaska, and for other purposes”, approved August 1, 1912. 48 Stat. 663 Chapter 211 1934-05-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 211.]

AN ACT To repeal an Act of Congress entitled “An Act to modify and amend the mining laws in their application to the Territory of Alaska, and for other purposes”, approved August 1, 1912.

May 4, 1934.

[H.R. 3843.]

[Public, No. 200.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Mining laws of Alaska.

Certain Acts relating to, repealed.

That the Act of Congress entitled “An Act to modify and amend the mining laws in their application to the Territory of Alaska, and for other purposes” (37 Stat. L. 242–243), approved August 1, 1912, and the amendatory

Vol. 37, p. 242; Vol. 43, p. 1118, repealed.

Act of March 3, 1925 (43 Stat. L. 1118), be, and the same are hereby, repealed.

Sec. 2. That the general mining laws of the United States so far

Federal mining laws, applicable to placer claims effective in Alaska.

as they are applicable to placer mining claims, as heretofore extended to the Territory of Alaska, and amendments thereto, except those repealed by this Act, are declared to be in full force and effect in said Territory: Provided, That nothing herein shall be held to change

Proviso.

Existing rights.

or affect the rights acquired by locators or owners of placer-mining claims heretofore located in said Territory under the Act herein repealed.

Sec. 3. This Act shall take effect thirty days subsequent to the

Effective date.

date of convening of the first regular session of the Alaska Territorial Legislature which is held after the passage of this Act.

Approved, May 4, 1934.

Authorizing pursers or licensed deck officers of vessels to perform the duties of the masters of such vessels in relation to entrance and clearance of same. 48 Stat. 663 Chapter 212 1934-05-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 212.]

AN ACT Authorizing pursers or licensed deck officers of vessels to perform the duties of the masters of such vessels in relation to entrance and clearance of same.

May 4, 1934.

[H.R. 5038.]

[Public, No. 201.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Navigation.

Master’s duties relating to entrance and clearance, may be performed by purser, etc.

That whenever, under any provision or provisions of any statute of the United States, it is made the duty of the masters of vessels to make entry and clearance of same, it shall be lawful for such duties to be performed by any licensed deck officer or purser of such vessel; and when such duties are performed by a licensed deck officer or purser of such vessel, such acts shall have the same force and effect as if performed by masters of such vessels: Provided, That nothing herein contained

Proviso.

Liability of master.

shall relieve the master of any penalty or liability provided by any statute relating to the entry or clearance of vessels.

Approved, May 4, 1934.

To authorize the exchange of the use of certain Government land within the Carlsbad Caverns National Park for certain privately owned land therein. 48 Stat. 664 Chapter 213 1934-05-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 664 [CHAPTER 213.]

AN ACT To authorize the exchange of the use of certain Government land within the Carlsbad Caverns National Park for certain privately owned land therein.

May 4, 1934.

[H.R. 5397.]

[Public, No. 202.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Carlsbad Caverns National Park, N. Mex.

Exchange of certain land within, authorized.

That the Secretary of the Interior be, and he is hereby, authorized to acquire for and on behalf of the United States for park purposes title to the northeast quarter northwest quarter section 31, township 24 south, range 25 east, New Mexico principal meridian, within the Carlsbad Caverns National Park, and to grant to the owner thereof in exchange therefor,

Privilege to use tunnel to remove guano deposits.

under such regulations as may be deemed by said Secretary necessary and in the interest of the United States, the privilege to use a shaft or tunnel located in the northwest quarter northeast quarter section 31, township 24 south, range 25 east, of the same meridian, for the purpose of mining and removing guano from the said northeast quarter northwest quarter section 31, the right to said guano to be reserved to the owner in the transfer of title to said land to the United States pursuant to this Act: Provided, That in addition to

Provisos.

Removing other deposits.

said privilege the Secretary of the Interior may also authorize the removal, under such terms and conditions as he deems fair, of any guano located within or on Government lands adjacent to said deposit: Provided further, That evidence of title to the land to be

Title without Federal cost.

conveyed to the United States hereunder, satisfactory to the Secretary of the Interior, shall be furnished without cost to the Government.

Approved, May 4, 1934.

To require postmasters to account for money collected on mail delivered at their respective offices. 48 Stat. 664 Chapter 214 1934-05-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 214.]

AN ACT To require postmasters to account for money collected on mail delivered at their respective offices.

May 4, 1934.

[H.R. 6676.]

[Public, No. 203.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Postal Service.

R.S., sec. 3846, p. 752; U.S.C., p. 1237.

That section 3846 of the Revised Statutes (U. S. C., title 39, sec. 46) is hereby amended to read as follows:

“Postmasters shall keep safely without loaning, using, depositing

Money collected by postmasters.

Safekeeping.

in an unauthorized bank, or exchanging for other funds, all the public money collected by them, or which may come into their possession, until it is ordered by the Postmaster General to be transferred or paid out. All money collected on mail delivered at their

Deemed public money.

respective offices shall be deemed to be public money in the possession of the postmasters within the meaning of this section.”

Approved, May 4, 1934.

Authorizing the Secretary of Commerce to dispose of the Pass A’Loutre Lighthouse Reservation, Louisiana. 48 Stat. 664 Chapter 215 1934-05-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 215.]

AN ACT Authorizing the Secretary of Commerce to dispose of the Pass A’Loutre Lighthouse Reservation, Louisiana.

May 4, 1934.

[H.R. 7551.]

[Public, No. 204.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Pass A’Loutre Lighthouse Reservation, La.

Conveyance of, to State, for park purposes, authorized.

That the Secretary of Commerce is hereby authorized to convey by quitclaim deed to the State of Louisiana for State park purposes the Pass A’Loutre Lighthouse Reservation, Louisiana, and all appurtenant structures665 located thereon, said reservation being described as follows: A tract

Description.

of land known as the “Pass A’Loutre Lighthouse Reservation”, situated in township 22 south, range 21 east, on the southwest portion of Middle Ground at the confluence of North Pass and Pass A’Loutre, Mississippi River Delta, Louisiana, comprising all that portion of sections 1 and 2 on Middle Ground west of a bayou which runs approximately north and south across Middle Ground, the mouth of said bayou being about seven hundred and sixty yards east of Pass A’Loutre Lighthouse tower, containing approximately two hundred acres: Provided, That if the use of the land is discontinued

Proviso.

Reversionary provision.

for State park purposes the title shall revert to the United States.

Approved, May 4, 1934.

To authorize the Secretary of Commerce to transfer to the city of Bridgeport, Connecticut, a certain unused light-station reservation. 48 Stat. 665 Chapter 216 1934-05-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 216.]

AN ACT To authorize the Secretary of Commerce to transfer to the city of Bridgeport, Connecticut, a certain unused light-station reservation.

May 4, 1934.

[H.R. 7744.]

[Public, No. 205.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Bridgeport, Conn.

Conveyance to, of “Fayerweather Island”, authorized.

That the Secretary of Commerce is authorized on behalf of the United States to convey to the city of Bridgeport, in the county of Fairfield, State of Connecticut, a certain island known as “Fayerweather Island” which has been used as the Black Rock Light Station Reservation and which has heretofore been leased to said city of Bridgeport by the United States for use as a public park.

A portion of Fayerweather Island was conveyed to the United States by deed dated June 17, 1807, from Nicholas Fish to the United States of America, and described as follows:

That certain piece or parcel of land lying in the town of

Description.

Fairfield in the said State of Connecticut known and called the “Fayerweather Island” and which forms the outer side of the “Black Rock Harbor” so called, and the same is bounded northerly on Black Rock Harbor, westerly on the mouth of said harbor, southeasterly on the sea beach or Long Island Sound, and northeasterly on the beach including the rocky point thereof adjoining the said island and is about eight acres in quantity, be the same more or less, which deed is recorded in volume 32, page 545, and in book B, page 43, of the town of Fairfield.

And the remaining portion of said island was conveyed to the United States by deed dated July 10, 1807, from Daniel Fayerweather to the United States of America, one undivided half of a certain piece of land in quantity about eight acres in the whole piece, be the same more or less, and which piece of land lies in the town of Fairfield, in said county, and is known and called by the name of “Fayerweather Island”, and the whole of said land is bounded northerly on Black Rock Harbor, westerly on the mouth of said harbor, easterly on the sea or Long Island Sound, northeasterly on the beach including the rocky point thereof adjoining said premises, which deed is recorded in volume 32, page 25, and in book B, page 44, of the town of Fairfield.

Said deed from the United States shall convey all of said property

Use, etc., as public park.

to said city in perpetuity and shall provide that it shall always be used and maintained by said city as a public park, and if at any

Reversionary provision.

time the city discontinues the maintenance of said property as a public park, then the same shall revert to the Government of the United States.

Approved, May 4, 1934.

Authorizing a preliminary examination of the Ogeechee River in the State of Georgia, with a view to controlling of floods. 48 Stat. 666 Chapter 217 1934-05-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 666 [CHAPTER 217.]

AN ACT Authorizing a preliminary examination of the Ogeechee River in the State of Georgia, with a view to controlling of floods.

May 4, 1934.

[H.R. 7793.]

[Public, No. 206.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Ogeechee River, Ga.

Preliminary examination of, authorized.

That the Secretary of War is authorized and directed to cause a preliminary examination to be made of the Ogeechee River, in the State of Georgia, with a view to the control of its floods, in accordance with the provisions of section 3 of an Act entitled “An Act to provide for control of the

Vol. 39, p. 950.

floods of the Mississippi River, and of the Sacramento River, California, and for other purposes”, approved March 1, 1917. The cost of such examination shall be paid from appropriations heretofore

Payment of expenses.

or hereafter made for examinations, surveys, and contingencies of rivers and harbors.

Approved, May 4, 1934.

To provide for the addition of certain lands to the Chickamauga and Chattanooga National Military Park in the States of Tennessee and Georgia. 48 Stat. 666 Chapter 218 1934-05-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 218.]

AN ACT To provide for the addition of certain lands to the Chickamauga and Chattanooga National Military Park in the States of Tennessee and Georgia.

May 4, 1934.

[H.R. 7200.]

[Public, No. 207.]

Be it enacted by the Senate and House of Representatives of the United, States of America in Congress assembled,

Chickamauga and Chattanooga National Military Park, Tenn.-Ga.

That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to accept in behalf of the United States lands, easements, and buildings as may be donated for an addition to the Chickamauga and Chattanooga

Addition authorized.

National Military Park lying within what is known as the “Chattanooga-Lookout Mountain Park” (a corporation, Adolph S. Ochs, president) and/or any lands within one mile of said Chattanooga-Lookout Mountain Park in the States of Tennessee and Georgia.

Sec. 2. That all laws affecting the Chickamauga and Chattanooga

Laws extended.

U.S.C., p. 415.

National Military Park shall be extended and apply to any addition or additions which may be added to said park under the authority of this Act.

Approved, May 4, 1934.

To authorize the Department of Agriculture to issue a duplicate check in favor of the Mississippi State treasurer, the original check having been lost. 48 Stat. 666 Chapter 219 1934-05-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 219.]

AN ACT To authorize the Department of Agriculture to issue a duplicate check in favor of the Mississippi State treasurer, the original check having been lost.

May 7, 1934.

[H.R. 3345.]

[Public, No. 208.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Mississippi State Treasurer.

Issue of duplicate check in favor of, authorized.

No indemnity bond required.

U.S.C., p. 1009.

That notwithstanding the provisions of sections 3646, as amended, of the Revised Statutes of the United States, the disbursing clerk of the Department of Agriculture is authorized and directed to issue, without the requirement of an indemnity bond, a duplicate of original check numbered 534971 drawn April 3, 1929, in favor of the Mississippi State treasurer for $1,871.02, and lost, stolen, or miscarried in the mails.

Approved, May 7, 1934.

To amend section 198 of the Act entitled “An Act to codify, revise, and amend the penal laws of the United States”, approved March 4, 1909, as amended by the Acts of May 18, 1916, and July 28, 1916. 48 Stat. 667 Chapter 220 1934-05-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 667 [CHAPTER 220.]

AN ACT To amend section 198 of the Act entitled “An Act to codify, revise, and amend the penal laws of the United States”, approved March 4, 1909, as amended by the Acts of May 18, 1916, and July 28, 1916.

May 7, 1934.

[H.R. 3845.]

[Public, No. 209.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Postal service.

Vol. 35, p. 1126; Vol. 39, pp. 162, 418, amended.

U.S.C., p. 485, amended.

That section 198 of the Act entitled “An Act to codify, revise, and amend the penal laws of the United States”, approved March 4, 1909, as amended by the Acts of May 18, 1916, and July 28, 1916 (U.S.C., title 18, sec. 321), be, and the same is hereby, amended to read as follows:

“Whoever shall willfully or maliciously injure, tear down, or

Letter receptacle, etc. Willfully injuring, etc., or stealing mail therefrom.

destroy any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or shall break open the same, or shall willfully or maliciously injure, deface, or destroy any mail deposited therein, or shall willfully take or steal such mail

Accessory, etc.

from or out of such letter box or other receptacle; or shall willfully aid or assist in any of the aforementioned offenses, shall for every

Punishment for.

such offense be punished by a fine of not more than $1,000 or by imprisonment for not more than three years.

Sec. 2. Whoever shall knowingly or willfully deposit any mailable

Willful deposit of designated matter in such receptacles without postage.

matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postmaster General for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon; or shall willfully aid or

Penalty for.

assist in any of the aforementioned offenses, shall for every such offense be punished by a fine of not more than $300.

Approved, May 7, 1934.

Granting citizenship to the Metlakahtla Indians of Alaska. 48 Stat. 667 Chapter 221 1934-05-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 221.]

AN ACT Granting citizenship to the Metlakahtla Indians of Alaska.

May 7, 1934.

[H.R. 4808.]

[Public, No. 210.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Metlakahtla, etc., Indians of Alaska.

Citizenship granted to.

That the Indians of the Tsimshian Tribe, and those people known as Metlakahtlans, who emigrated from Metlakahtla, British Columbia, Canada, to Annette Island, in the Alexander Archipelago in southeastern Alaska in the year 1887, and there established a colony known as Metlakahtla, Alaska, and any and all other British Columbia Indians

Vol. 26, p. 1101.

who joined them there not later than January 1, 1900, and have since resided continuously therein, having been faithful and loyal to the Constitution, laws and the Government of the United States, are hereby declared to be citizens of the United States.

Sec. 2. The granting of citizenship to the said Indians shall not in

Property rights of Indians.

any manner affect the rights, individual or collective, of the said Indians to any property, nor shall it affect the rights of the United

Supervision, etc., by United States.

States Government to supervise and administer the affairs of the said Metlakahtla Colony. And any reservations heretofore made by any Act of Congress or Executive order or proclamation for the

Status of laws, orders, etc., concerning.

benefit of the said Indians shall continue in full force and effect and shall continue to be subject to modification, alteration, or repeal by the Congress or the President, respectively.

Approved, May 7, 1934.

To provide for the custody and maintenance of the United States Supreme Court Building and the equipment and grounds thereof. 48 Stat. 668 Chapter 222 1934-05-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 668 [CHAPTER 222.]

AN ACT To provide for the custody and maintenance of the United States Supreme Court Building and the equipment and grounds thereof.

May 7, 1934.

[H.R. 8889.]

[Public, No. 211.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

United States Supreme Court Building.

Care of.

Post, p. 1036.

That the Architect of the Capitol shall have charge of the structural and mechanical care of the United States Supreme Court Building, including the care and maintenance of the grounds, and the supplying of all mechanical furnishings and mechanical equipment for the building. The operation and maintenance of the mechanical equipment and repair of the building shall be performed under his direction and he is authorized to enter into all necessary contracts.

Sec. 2. Employees required for the performance of the foregoing

Employees.

shall be (a) appointed by the Architect of the Capitol with the

Appointment, pay, retirement, etc.

approval of the Chief Justice of the United States; (b) compensated in accordance with the provisions of the Classification Act of 1923,

Vol. 42, p. 1488; Vol. 45, p. 776; Vol. 46, p. 1003.

U.S.C., p. 65, Supp. VII, p. 34.

as amended (U.S.C., Supp. VI, title 5, ch. 13); and (c) be subject to the provisions of the Act entitled “An Act for the retirement of employees in the classified civil service, and for other purposes”, approved May 22, 1920, as amended (U.S.C., Supp. VI, title 5, ch. 14).

Sec. 3. All other duties and work required for the operation,

Marshal to be superintendent of building.

domestic care, and custody of the building shall be performed under the direction of the Marshal of the Supreme Court of the United

Other duties, etc.

States, who shall be superintendent of the United States Supreme Court Building, and employees (including elevator operators) required for the performance of such duties shall be appointed by the Marshal with the approval of the Chief Justice.

Sec. 4. Appropriations for the work under the jurisdiction of the

Disbursements.

Architect of the Capitol shall be disbursed by the Marshal upon certified vouchers submitted by the Architect of the Capitol.

Approved, May 7, 1934.

Providing for payment of $25 to each enrolled Chippewa Indian of Minnesota from the funds standing to their credit in the Treasury of the United States. 48 Stat. 668 Chapter 223 1934-05-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 223.]

AN ACT Providing for payment of $25 to each enrolled Chippewa Indian of Minnesota from the funds standing to their credit in the Treasury of the United States.

May 7, 1934.

[H.R. 6166.]

[Public, No. 212.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Chippewa Indians of Minnesota.

Per capita payment to, from tribal funds.

That the Secretary of the Interior is authorized and directed to withdraw from the Treasury so much as may be necessary of the principal fund on deposit to the credit of the Chippewa Indians in the State of Minnesota, under section 7 of the Act entitled “An Act for the relief and

Vol. 25, p. 645

civilization of the Chippewa Indians in the State of Minnesota”, approved January 14, 1889, as amended, and to make therefrom payment of $25 to each enrolled Chippewa Indian of Minnesota, under such regulations as such Secretary shall prescribe. No payments shall be made under this Act until the Chippewa Indians of Minnesota shall, in such manner as such Secretary shall prescribe, have accepted such payments and ratified the provisions of this Act. The money paid to the Indians under this Act shall not be subject to any lien or claim of whatever nature against any of said Indians.

Approved, May 7, 1934.

To provide appropriations to meet urgent needs in certain public services, and for other purposes. 48 Stat. 669 Chapter 224 1934-05-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 669 [CHAPTER 224.]

JOINT RESOLUTION To provide appropriations to meet urgent needs in certain public services, and for other purposes.

May 7, 1934.

[H.J. Res. 332.]

[Pub. Res., No. 23.]

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

Appropriations, certain public services.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the purposes hereinafter enumerated:

LEGISLATIVE

Legislative.

senate

Senate.

For expenses of inquiries and investigations ordered by the Senate,

Inquiries and investigations.

including compensation to stenographers of committees at such rate as may be fixed by the Committee to Audit and Control the Contingent Expenses of the Senate, but not exceeding 25 cents per hundred words, fiscal year 1934, $150,000: Provided, That except in

Provisos.

Personal services restriction.

the case of the Joint Committee on Internal Revenue Taxation no part of this appropriation shall be expended for services, personal, professional, or otherwise, in excess of the rate of $3,600 per annum: Provided further, That no part of this appropriation shall be

Subsistence, etc., limitation.

Vol. 44, p. 688.

U.S.C., Supp. VII, p. 53.

expended for per diem and subsistence expenses except in accordance with the provisions of the Subsistence Expense Act of 1926, approved June 3, 1926, as amended. house of representatives

House of Representatives.

For expenses of special and select committees authorized, by the

Select, etc., committees.

House, fiscal year 1934, $35,000. TREASURY DEPARTMENT

Treasury Department.

public debt service

Public Debt Service.

The limitation on the price per pound permitted to be paid for

Distinctive paper.

Price limitation repealed.

Vol. 47, p. 1492.

distinctive paper for United States securities under the appropriation for the purchase of such paper in the Treasury Department Appropriation Act, 1935, is hereby repealed. procurement division

Procurement Division.

Washington, District of Columbia, furniture for triangle buildings:

Triangle buildings, Washington, D.C.

Furniture, etc.

Funds available.

The Secretary of the Treasury is hereby authorized to expend not to exceed the sum of $472,454 out of the aggregate of the unexpended balances under the authorizations for the construction of the new buildings for the Departments of Justice, Post Office, and Labor, and the Interstate Commerce Commission, the connecting wing between the Interstate Commerce Commission and Department of Labor Buildings, and the Archives Building as may be required to provide the necessary furniture and furnishings for said buildings, and the unexpended portion of the appropriations available for the construction of such buildings is hereby made available for that purpose, and the Director of Procurement, Treasury Department, is hereby authorized to make contracts, after advertising

Contracts authorized.

Vol. 36, p. 531, waived.

and competitive bidding, without regard to section 4 of the Act approved June 17, 1910 (ch. 297, sec. 4, 36 Stat. 531), for the purchase of said furniture and furnishings, and to make expenditures for services, supplies, material, and equipment, including moving services and the reconditioning of old furniture and the temporary

Contingent expenses.

rental of space therefor, and necessary travel and subsistence670 in connection with the inspection of commodities to be contracted for or purchased; and, when deemed desirable or advantageous by him, the said Director of Procurement is authorized to employ, by contract or otherwise, without regard to civil-service laws and regulations,

Temporary, etc., services.

such temporary outside professional or technical services as he may find necessary in furnishing those portions of the said buildings requiring special treatment, all within the total amount made available herein: Provided, That not to exceed $10,000 may be

Provisos.

Outside technical, etc., services.

Auditorium furnishings.

expended for such temporary outside professional or technical services: Provided further, That not to exceed $31,515 may be expended for furniture and furnishings for the auditorium located in the connecting wing between the Interstate Commerce Commission and Department of Labor Buildings: Provided further, That the cost of

Rate limitations on furnishing Cabinet, etc., officers’ suites.

furniture and furnishing for Cabinet officers’ suites, Assistant Cabinet officers’ suites, executive officers’ suites, and conference and hearing rooms for the Interstate Commerce Commission shall be based upon the square-foot area of the rooms to be furnished, and shall not exceed the rates set forth herein, as follows: For Cabinet officers’ suites and conference rooms for the Interstate Commerce Commission, $1.75 per square foot; for Assistant Cabinet officers’ suites, $1.50 per square foot; and for executive officers’ suites. $1 per square foot. WAR DEPARTMENT

War Department.

panama canal

Panama Canal.

For repatriation of unemployed aliens who have been employed

Repatriation of certain unemployed aliens.

in the service of the United States Government or the Panama Railroad Company on the Isthmus of Panama for three or more years at any time, and repatriation of members of families of such alien former employees, including expenses of transportation of such alien former employees and members of their families, and the payment in cash of not to exceed $100 to each such alien former employee for assistance in rehabilitation after repatriation, $150,000, to be

Rehabilitation after repatriation.

expended under the direction of the Governor of the Panama Canal and to be available until expended. Approved, May 7, 1934.

To include sugar beets and sugarcane as basic agricultural commodities under the Agricultural Adjustment Act, and for other purposes. 48 Stat. 670 Chapter 263 1934-05-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 263.]

AN ACT To include sugar beets and sugarcane as basic agricultural commodities under the Agricultural Adjustment Act, and for other purposes.

May 9, 1934.

[H.R. 8861.]

[Public, No. 213.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Agricultural Adjustment Act amendments.

Basic agricultural commodities.

“Sugar beets and sugarcane” added.

That section 11 of the Agricultural Adjustment Act, as amended, is amended by adding after the word “tobacco” a comma and the words “sugar beets and sugarcane”, followed by a comma.

Sec. 2. Subsection (d) of section 9 of the Agricultural Adjustment

Ante, p. 38.

Definitions.

Ante, p. 36.

Act, as amended, is amended by adding after paragraph (5)thereof the following: “(6) In the case of sugar beets and sugarcane— “(A) The term ‘first domestic processing’ means each domestic

“First domestic processing.”

processing, including each processing of successive domestic processings, of sugar beets, sugarcane, or raw sugar, which directly results in direct-consumption sugar. “(B) The term ‘sugar’ means sugar in any form whatsoever,

“Sugar.”

derived from sugar beets or sugarcane, whether raw sugar or direct-671consumption sugar, including also edible molasses, sirups and any mixture containing sugar (except blackstrap molasses and beet molasses). “(C) The term ‘blackstrap molasses’ means the commercially so-designated

“Blackstrap molasses.”

‘byproduct’ of the cane-sugar industry, not used for human consumption or for the extraction of sugar. “(D) The term ‘beet molasses’ means the commercially so-designated

“Beet molasses.”

‘byproduct’ of the beet-sugar industry, not used for human consumption or for the extraction of sugar. “(E) The term ‘raw sugar’ means any sugar, as defined above,

“Raw sugar.”

manufactured or marketed in, or brought into, the United States, in any form whatsoever, for the purpose of being, or which shall be, further refined (or improved in quality, or further prepared for distribution or use). “(F) The term ‘direct-consumption sugar’ means any sugar, as

“Direct-consumption sugar.”

defined above, manufactured or marketed in, or brought into, the United States in any form whatsoever, for any purpose other than to be further refined (or improved in quality, or further prepared for distribution or use). “(G) The term ‘raw value’ means a standard unit of sugar testing

“Raw value.”

ninety-six sugar degrees by the polariscope. All taxes shall be imposed and all quotas shall be established in terms of ‘raw value’ and for purposes of quota and tax measurements all sugar shall be translated into terms of ‘raw value’ according to regulations to be issued by the Secretary, except that in the case of direct-consumption sugar produced in continental United States from sugar beets the raw value of such sugar shall be one and seven one-hundredths times the weight thereof.”

Sec. 3. (a) The first two sentences of subsection (b) of section 9

Ante, p. 30.

of the Agricultural Adjustment Act, as amended, are amended to

Processing tax.

Determination of rate.

read as follows: “The processing tax shall be at such rate as equals the difference between the current average farm price for the commodity and the fair exchange value of the commodity; except that if

If tax results in reduction of domestic consumption, causing surplus stocks.

the Secretary has reason to believe that the tax at such rate on the processing of the commodity generally or for any particular use or uses will cause such reduction in the quantity of the commodity or products thereof domestically consumed as to result in the accumulation of surplus stocks of the commodity or products thereof or in the depression of the farm price of the commodity, then he shall cause an appropriate investigation to be made and afford due notice and

Investigations.

opportunity for hearing to interested parties. If thereupon the

Rate reduction authorized.

Secretary finds that any such result will occur, then the processingtax on the processing of the commodity generally, or for any designated use or uses, or as to any designated product or products thereof for any designated use or uses, shall be at such rate as will prevent such accumulation of surplus stocks and depression of the farm price of the commodity.” (b) Subsection (b) of section 9 of the Agricultural Adjustment Act, as amended, is further amended by adding at the end thereof the following: “In the case of sugar beets or sugarcane the rate of

Sugar beets, etc.

Rates to be applied to direct-consumption sugar, etc.

tax shall be applied to the direct-consumption sugar, resulting from the first domestic processing, translated into terms of pounds of raw value according to regulations to be issued by the Secretary of Agriculture, and the rate of tax to be so applied shall be the higher

Determination of.

of the two following quotients: The difference between the current average farm price and the fair exchange value (1) of a ton of sugar beets and (2) of a ton of sugarcane, divided in the case of each commodity by the average extraction therefrom of sugar in terms of pounds of raw value (which average extraction shall be672 determined from available statistics of the Department of Agriculture); except that such rate shall not exceed the amount of the reduction

Tax rate not to exceed reduction of rate on pound of raw value.

Vol. 46, p. 630.

by the President on a pound of sugar raw value of the rate of duty in effect on January 1, 1934, under paragraph 501 of the Tariff Act of 1930, as adjusted to the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on December 11, 1902, and/or the provisions of the Act of December 17, 1903, chapter 1.”

Sec. 4. Section 8 of the Agricultural Adjustment Act, as amended,

Commodity benefits.

Ante, p. 35.

is amended by adding at the end thereof the following new section: “Sec. 8a. (1) Having due regard to the welfare of domestic

Standards for exercise of powers by Secretary of Agriculture.

producers and to the protection of domestic consumers and to a just relation between the prices received by domestic producers and the prices paid by domestic consumers, the Secretary of Agriculture may, in order to effectuate the declared policy of this Act, from time to time, by orders or regulations— “(A) (i) Forbid processors, handlers of sugar, and others from

Quotas to be fixed.

Orders forbidding importing, processing, etc., in excess of.

importing sugar into continental United States for consumption, or which shall be consumed, therein, and/or from transporting to, receiving in, processing or marketing in, continental United States, and/or from processing in any area to which the provisions of this title with respect to sugar beets and sugarcane may be made applicable, for consumption in continental United States, sugar from the Virgin Islands, the Philippine Islands, the Canal Zone, American Samoa, the island of Guam, and from foreign countries, including Cuba, respectively, in excess of quotas fixed by the Secretary of Agriculture, for any calendar year, based on average quantities therefrom brought into or imported into continental United States

Determination of quotas.

for consumption, or which was actually consumed, therein, during such three years, respectively, in the years 1925–1933, inclusive, as the Secretary of Agriculture may, from time to time, determine to be the most representative respective three years, adjusted, together

Adjustment.

with the quotas established pursuant to paragraph (ii), (in such manner as the Secretary shall determine) to the remainder of the total estimated consumption requirements of sugar for continental United States, determined pursuant to subsection (2) of this section, after deducting therefrom the quotas for continental United States, provided for by paragraph (B) of this subsection: Provided, however,

Provisos.

Direct-consumption sugar from insular possessions included.

That in such quotas there may be included, in the case of the Virgin Islands, the Philippine Islands, the Canal Zone, American Samoa, and the island of Guam, direct-consumption sugar up to an amount not exceeding the respective quantities of direct-consumption sugar therefrom brought into or imported into continental United States for consumption, or which was actually consumed, therein during the year 1931, 1932, or 1933, whichever is greater, and in the case of Cuba, direct-consumption sugar up to an amount not exceeding

From Cuba.

22 per centum of the quota established for Cuba: And provided further, That any imported sugar, with respect to which a drawback

Imports where drawback allowed deemed nonquota.

Vol. 46, p. 693.

of duty is allowed, under the provisions of section 313 of the Tariff Act of 1930, shall not be charged against the quota established by the Secretary of Agriculture hereunder for the country from which such sugar was imported, and the Secretary of Agriculture may, by orders or regulations, readjust any quota subject to the provisions

Readjustments permitted.

of this section, except quotas fixed by paragraph (B) of this subsection; and may allot (or appoint an officer, including the Governor

Allotments; delegation of authority.

General of the Philippine Islands for that area, in his name to allot) any quota, and readjust any such allotment, from time to time, among the processors, handlers of sugar and others; and/or 673 “(ii) Forbid processors, handlers of sugar, and others from transporting

Hawaii and Puerto Rico.

to, receiving in, processing or marketing in, continental United States, and/or from processing in the Territory of Hawaii

Quotas of; importing in excess of, forbidden.

or Puerto Rico for consumption in continental United States, sugar from the Territory of Hawaii or Puerto Rico, in excess of quotas fixed by the Secretary of Agriculture, for any calendar year, based on average quantities therefrom brought into continental United States for consumption, or which was actually consumed, therein during such three years, respectively, in the years 1925–1933, inclusive,

Determination of quotas.

as the Secretary of Agriculture may, from time to time, determine to be the most representative respective three years, adjusted,

Adjustment.

together with the quotas established pursuant to paragraph (i), (in such manner as the Secretary shall determine) to the remainder of the total estimated consumption requirements of sugar for continental United States, determined pursuant to subsection (2) of this section, after deducting therefrom the quotas for continental United States, provided for by paragraph (B) of this subsection: Provided, however, That in such quotas there may be included

Proviso.

Direct-consumption sugar included.

direct-consumption sugar up to an amount not exceeding the respective quantities of direct-consumption sugar therefrom brought into continental United States for consumption, or which was actually consumed, therein during the year 1931, 1932, or 1933, whichever is greater, and the Secretary of Agriculture may, by orders or regulations, allot such quotas and readjust any such allotment, from time to time, among the processors, handlers of sugar, and others; and/or “(B) Forbid processors, handlers of sugar, and others from marketing

Sugar from continentally produced beets or cane.

in, or in the current of, or in competition with, or so as to burden, obstruct, or in any way affect, interstate or foreign commerce,

Orders forbidding interference in commerce in excess of quotas.

sugar manufactured from sugar beets and/or sugarcane, produced in the continental United States beet-sugar-producing area, the States of Louisiana and Florida, and any other State or States in excess of the following quotas, for any calendar year, except as

Quotas.

provided for in subsection (2) of this section: United States beet-sugar

Beet-sugar area.

area, one million five hundred and fifty thousand short tons raw value; the States of Louisiana and Florida, except as may be

Louisiana and Florida.

provided under paragraph (C) of this subsection, two hundred and sixty thousand short tons raw value; and the Secretary of Agriculture

Allotments and readjustments.

may, by orders or regulations, allot such quotas and readjust any such allotment, from time to time, among the processors, handlers of sugar, and others; and/or “(C) For any calendar year, determine the quota, but not less

Quotas for small areas; raw value basis.

than the quota provided in paragraph (B), for any area producing less than two hundred and fifty thousand long tons of sugar raw value during the next preceding calendar year; and/or “(D) Establish a separate quota or quotas for edible molasses

Separate quotas for sirups and for sugar mixtures.

and/or sirup of cane juice produced in continental United States, in addition to, and/or for edible molasses, sirups, and sugar mixtures produced in any other area or areas to which this title relates,

Deemed part of, or addition to other designated quotas.

as part of or in addition to, the quotas established pursuant to paragraphs (A) to (C), inclusive, of this subsection, for use as such and not for the extraction of sugar. “(2) (A) The consumption requirements of sugar for continental

Consumption requirements; adjusting quotas in relation thereto.

United States, for the calendar year 1934, and for each succeeding calendar year, shall be determined by the Secretary of Agriculture from available statistics of the Department of Agriculture. The consumption requirements so determined shall, at such intervals as the Secretary finds necessary to effectuate the declared policy and674 the purposes of this Act, be adjusted by him to meet the actual requirements of the consumer as determined by the Secretary. “(B) In the event that available statistics of the Department of

Proration of excess if consumption requirements exceed estimate.

Agriculture during the course of any calendar year indicate that the consumption requirements of sugar for continental United States for such calendar year will exceed the amount of the consumption requirements determined for that year, the Secretary of Agriculture may prorate such estimated excess amount on the basis of the respective quotas determined by and pursuant to subsection (1) of this section: Provided, however, That for each calendar year there shall

Proviso.

Allotment to continental United States.

be allotted to continental United States not less than 30 per centum of any amount of consumption requirements therefor above six million four hundred and fifty-two thousand short tons raw value. “(C) In the event that available statistics of the Department of

Proration of consumption requirements, when found less than estimate.

Agriculture during the course of any calendar year indicate that the consumption requirements of sugar for continental United States for such year will be less than the amount of the consumption requirements determined for that year, the amount of such deficiency may be proportionately deducted from the respective quotas determined by and pursuant to paragraph (A) of subsection (1) of this section. “(D) If, during any calendar year, any producing area is unable

Proration when deficiency in producing area.

to produce and deliver its full quota of sugar, the Secretary of Agriculture may prorate this deficiency among the other areas on the basis of their respective quotas and ability to supply the deficiency. “(E) Notwithstanding the provisions of paragraphs (A) to (C),

Deduction of surplus stock from quota.

inclusive, of subsection (1) of this section, the Secretary of Agriculture may, in order to effectuate the declared policy of this Act, from time to time, by orders or regulations, deduct from the quotas for production, importing, receiving, and/or marketing, and/or from the allotments thereof, established pursuant to said paragraphs, in any given year, an amount for each year, respectively, representing the surplus stocks of sugar produced in that area, or a portion of the total surplus stocks of sugar produced in that area, in whole or in part, which may have accumulated in the year next preceding, over and above the quotas established for such year. “(3) In order more fully to effectuate the declared policy of this

Child labor.

Agreements to limit or regulate.

Act, as set forth in its declaration of policy, and to insure the equitable division between producers and/or growers and/or the processors of sugar beets or sugarcane of any of the proceeds which may be derived from the growing, processing and/or marketing of such sugar beets or sugarcane, and the processing and/or marketing of the products and byproducts thereof, all agreements authorized by this Act relating to sugar beets, sugarcane, or the products thereof may contain provisions which will limit or regulate child labor, and will fix minimum wages for workers or growers employed by the

Minimum wage provisions.

producers and/or processors of sugar beets and/or sugarcane who are parties to such agreements; and the Secretary, upon the request of any producer, or grower, or worker, or of any association of producers, or growers, or workers, or of any processor, of sugar beets or sugarcane, is hereby authorized to adjudicate any dispute as to

Adjudicating disputes.

any of the terms under which sugar beets or sugarcane are grown or are to be grown and/or marketed, and the sugar and byproducts thereof are to be marketed. The decision and any determination of

Secretary’s decision final.

the Secretary shall be final. “(4) Any person willfully violating any order or regulation of

Penalties, etc.

Violating Secretary’s orders, etc.

the Secretary of Agriculture issued under this section shall, upon conviction, be punished by a fine of not more than $100. “(5) Any person willfully exceeding any quota or allotment fixed

Willfully exceeding quota, etc.

for him under this title by the Secretary of Agriculture, and any675 other person knowingly participating, or aiding, in the exceeding of said quota or allotment, shall forfeit to the United States a sum equal to three times the current market value of such excess, which forfeiture shall be recoverable in a civil suit brought in the name of the United States. “(6) The several district courts of the United States are hereby

Jurisdiction vested in district courts.

vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, the provisions of this section, or of any order, regulation, agreement, or license heretofore or hereafter made or issued pursuant to this title, in any proceeding now pending or hereafter brought in said courts. “(7) Upon the request of the Secretary of Agriculture, it shall be the

District attorneys to institute enforcement proceedings.

duty of the several district attorneys of the United States, in their respective districts, under the directions of the Attorney General, to institute proceedings to enforce the remedies and to collect the forfeitures provided for in, or pursuant to, this title. “(8) The remedies provided for in this section shall be in addition

Remedies.

to, and not exclusive of, any of the remedies or penalties provided for elsewhere in this title or now or hereafter existing at law or in equity. “(9) The term ‘person’ as used in this title includes an individual,

“Person” defined.

partnership, corporation, association, and any other business unit.”

Sec. 5. Paragraph (6) of subsection (d) of section 9 of the Agricultural

Ante, pp. 528, 670.

Adjustment Act, as amended, is hereby renumbered (7).

Sec. 6. Section 9 of the Agricultural Adjustment Act, as amended,

Ante, p. 37.

Post, p. 1242.

is amended, by adding after subsection (e) thereof the following new subsection: “(f) For the purposes of part 2 of this title, processing shall be

“Processing” includes manufacturing.

held to include manufacturing.”

Sec. 7. Subsection (f) of section 10 of the Agricultural Adjustment

Ante, p. 37.

Application of title to possession of U.S.

Act, as amended, is amended by striking out the period at the end of such subsection and adding a semicolon and the following: “except that, in the case of sugar beets and sugarcane, the President, if he finds it necessary in order to effectuate the declared policy of this Act, is authorized by proclamation to make the provisions of this title applicable to the Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and/or the island of Guam.”

Sec. 8. Section 15 of the Agricultural Adjustment Act, as amended,

Ante, p. 39.

is amended by adding at the end thereof the following new subsection: “(f) The President, in his discretion, is authorized by proclamation

Processing tax collected in insular possessions, etc.

to decree that all or part of the taxes collected from the processing of sugar beets or sugarcane in Puerto Rico, the Territory of Hawaii, the Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and/or the island of Guam (if the provisions of this title are made applicable thereto), and/or upon the processing in continental United States of sugar produced in, or coming from, said areas, shall not be covered into the general fund of the Treasury

Discretionary maintenance as separate fund.

Expenditure for benefit of local agriculture.

of the United States but shall be held as a separate fund, in the name of the respective area to which related, to be used and expended for the benefit of agriculture and/or paid as rental or benefit payments in connection with the reduction in the acreage, or reduction in the production for market, or both, of sugar beets and/or sugarcane, and/or used and expended for expansion of markets and for removal of surplus agricultural products in such areas, respectively, as the Secretary of Agriculture, with the approval of the President, shall direct.”

676

Sec. 9. Subsection (a) of section 9 of the Agricultural Adjustment

Processing tax; rental and benefit payments.

Ante, p. 35.

Act, as amended, is further amended by striking out the period after the word “proclamation”, in line 8, and inserting in lieu thereof a semicolon and the following: “except that, in the case of sugar beets and sugarcane, the Secretary of Agriculture shall, on or before the thirtieth day after the adoption of this amendment, proclaim that rental or benefit payments with respect to said commodities are

Effective date.

to be made, and the processing tax shall be in effect on and after the thirtieth day after the date of the adoption of this amendment. In the case of sugar beets and sugarcane, the calendar year shall be

Marketing year.

considered to be the marketing year and for the year 1934 the marketing year shall begin January 1, 1934.”

Ante, p. 40.

Sec. 10. Section 16 (a) (1) of the Agricultural Adjustment Act, as amended, is amended by inserting at the end thereof the following:

“Such tax upon articles imported prior to, but in customs custody

Floor stocks.

Tax payments on, before release from customs.

Payments in case of sugar.

or control on, the effective date, shall be paid prior to release therefrom. In the case of sugar, the tax on floor stocks, except the retail stocks of persons engaged in retail trade, shall be paid for the month in which the stocks are sold, or used in the manufacture of other articles, under rules and regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury.”

Sec. 11. Section 15 (e) of the Agricultural Adjustment Act, as

Ante, p. 40.

Equalizing tax on imports.

amended, is amended by striking out in lines 3 and 4 the words “in chief value”, and inserting in lieu thereof the word “partly”; by inserting in line 7, after the comma following the word “apply”, the words “whether imported as merchandise, or as a container of merchandise, or otherwise” followed by a comma; and by inserting in line 9, after the word “processing”, the words “of such commodity”.

Ante, p. 40.

Sec. 12. Section 17 (a) of the Agricultural Adjustment Act, as amended, is amended, effective as of the date of the enactment of the said Act, to read as follows:

Exportation of taxpaid product.

“(a) Upon the exportation to any foreign country (and/or to

Refunds authorized.

the Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and the island of Guam) of any product with respect to which a tax has been paid under this title, or of any product processed wholly or partly from a commodity with respect to which product or commodity a tax has been paid under this title, the tax due and paid shall be refunded. The refund shall be paid to the exporter or to the consignor named in the bill of lading under which the product is exported, as determined under regulations prescribed by the Commissioner of Internal Revenue, with the approval of the

Applicability to exports to certain U.S. possessions.

Secretary of the Treasury. In the case of sugar beets and sugarcane, this subsection shall be applicable to exports of products thereof to the Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and/or the island of Guam only if this title

“Product” defined.

with respect to sugar beets and sugarcane is not made applicable thereto. The term ‘product’ includes any product exported as

Processing for exportation.

Ante, p. 41.

merchandise, or as a container for merchandise, or otherwise.”

Sec. 13. Section 17 (b) of the Agricultural Adjustment Act, as amended, is amended by striking out in line 6 the words “in chief

Commodity benefits.

Ante, p. 34.

value” and inserting in lieu thereof the word “partly”.

Sec. 14. Subsection (1) of section 8 of the Agricultural Adjustment Act, as amended, is amended by striking out the period at the end of the first sentence, and inserting in lieu thereof a semicolon

Payments in case of sugar beets or sugarcane.

and the following: “and, in the case of sugar beets or sugarcane, in the event that it shall be established to the satisfaction of the Secretary of Agriculture that returns to growers or producers, under the contracts for the 1933–1934 crop of sugar beets or sugar-677cane, entered into by and between the processors and producers and/or growers thereof, were reduced by reason of the payment of the processing tax, and/or the corresponding floor-stocks tax, on sugar beets or sugarcane, in addition to the foregoing rental or benefit payments, to make such payments, representing in whole or in part such tax, as the Secretary deems fair and reasonable, to

Producers agreeing to acreage reduction.

producers who agree, or have agreed, to participate in the program for reduction in the acreage or reduction in the production for market, or both, of sugar beets or sugarcane.”

Sec. 15. Section 13 of the Agricultural Adjustment Act, as

Duration of tax; termination of powers.

amended, is amended by inserting after the first sentence thereof the following: “In the case of sugar beets and sugarcane, the taxes provided

Ante, p. 39.

by this title shall cease to be in effect, and the powers vested in the President or in the Secretary of Agriculture shall terminate at the end of three years after the adoption of this amendment unless this title ceases to be in effect at an earlier date, as herein-above provided.”

Sec. 16. The Agricultural Adjustment Act, as amended, is

Ante, p. 41, amended.

amended by the addition of the following new section numbered “20”:

“Sec. 20. (a) Whoever in connection with the purchase of, or offer

Penalty provisions.

False representations.

to purchase, any commodity, subject to any tax under this title, or which is to be subjected to any tax under this title, makes any statement, written or oral, (1) intended or calculated to lead any person to believe that any amount deducted from the market price or the agreed price of the commodity consists of a tax imposed under this title, or (2) ascribing a particular part of the deduction from the market price or the agreed price of the commodity, to a tax imposed under this title, knowing that such statement is false or that the tax is not so great as the amount deducted from the market price or the

Deductions in market price.

agreed price of the commodity, ascribed to such tax, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by

Punishment for.

a fine of not more than $1,000 or by imprisonment for not exceeding six months, or both. “(b) Whoever in connection with the processing of any commodity

Statements concerning processing.

subject to any tax under this title, whether commercially, for toll, upon an exchange, or otherwise, makes any statement, written or oral, (1) intended or calculated to lead any person to believe that any part of the charge for said processing, whether commercially, for toll, upon an exchange, or otherwise, consists of a tax imposed under this title, or (2) ascribing a particular part of the charge for processing, whether commercially, for toll, upon an exchange, or otherwise, to a tax imposed under this title, knowing that such statement is false, or that the tax is not so great as the amount charged for said processing ascribed to such tax, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment for not exceeding six months, or both. “(c) Whoever in connection with any settlement, under a contract

Misstatements concerning gross sales.

to buy any commodity, and/or to sell such commodity, or any product or byproduct thereof, subject to any tax under this title, makes any statement, written or oral, (1) intended or calculated to lead any person to believe that any amount deducted from the gross sales price, in arriving at the basis of settlement under the contract, consists of a tax under this title, or (2) ascribing a particular amount deducted from the gross sales price, in arriving at the basis of settlement under the contract, to a tax imposed under this title, knowing that such statement is false, or that the tax is not so great as the amount so deducted and/or ascribed to such tax, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a678 fine of not more than $1,000 or by imprisonment for not exceeding six months, or both.”

Sec. 17. Section 16 of the Agricultural Adjustment Act, as

Floor stocks.

amended, is amended by adding the following new subsections:

Ante, p. 40.

Prior imports, duty paid.

“(c) (1) Any sugar, imported prior to the effective date of a processing tax on sugar beets and sugarcane, with respect to which it is established (under regulations prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury) that there was paid at the time of importation a duty at the rate in effect on January 1, 1934, and (2) any sugar held on

Sugar held under contract.

April 25, 1934, by, or to be delivered under a bona fide contract of sale entered into prior to April 25, 1934, to, any manufacturer or converter, for use in the production of any article (except sugar) and not for ultimate consumption as sugar, and (3) any article

Processed from sugar beets, cane, etc.

(except sugar) processed wholly or in chief value from sugar beets, sugarcane, or any product thereof, shall be exempt from taxation under subsection (a) of this section, but sugar held in customs custody or control on April 25, 1934, shall not be exempt from taxation under subsection (a) of this section, unless the rate of duty paid upon the withdrawal thereof was the rate of duty in effect on January 1, 1934. The provisions of paragraph (2) of subsection (a)

Certain tax refunds not to apply.

of this section shall not apply in the case of sugar beets or sugarcane or the products thereof. “(d) The Secretary of Agriculture is authorized to purchase, out

Secretary authorized to make purchases from surplus stocks.

of such proceeds of taxes as are available therefor, during the period this Act is in effect with respect to sugar beets and sugarcane, not in excess of three hundred thousand tons of sugar raw value from the surplus stocks of direct-consumption sugar produced in the United States beet-sugar area, at a price not in excess of the market price

Price; disposal of, etc.

for direct consumption sugar on the date of purchase, and to dispose of such sugar by sale or otherwise, including distribution to any organization for the relief of the unemployed, under such conditions and at such times as will tend to effectuate the declared policy of section 8a of this Act. The sugar so purchased shall not be included

Ante, p. 672.

Not included in quota.

Use of receipts.

Ante, p. 38.

in the quota for the United States beet-sugar area. All proceeds received by the Secretary of Agriculture, in the exercise of the powers granted hereby, are appropriated to be available to the Secretary of Agriculture for the purposes described in subsections (a) and (b) of section 12 of this Act.”

Approved, May 9, 1934, 11.23 a.m.

To amend the Act entitled “An Act to promote the circulation of reading matter among the blind”, approved April 27, 1904, and Acts supplemental thereto. 48 Stat. 678 Chapter 264 1934-05-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 264.]

AN ACT To amend the Act entitled “An Act to promote the circulation of reading matter among the blind”, approved April 27, 1904, and Acts supplemental thereto.

May 9, 1934.

[S. 2922.]

[Public, No. 214.]

Be it enacted by the Senate and House of Representatives of the. United States of America in Congress assembled,

Promoting circulation of reading matter for the blind.

That the Act entitled “An Act to promote the circulation of reading matter among the blind”, approved April 27, 1904 (33 Stat. 313), the supplemental

Vol. 33, p. 313; Vol. 37, p. 551; Vol. 43, p. 668.

provision in section 1 of the Post Office Appropriation Act for 1913, approved August 24, 1912 (37 Stat. 551), and the joint resolution entitled “Joint resolution to provide for the free transmission through the mails of certain publications for the blind”, approved June 7, 1924 (43 Stat. 668; U.S.C., title 39, ch. 8, sec. 331), be, and

U.S.C., p. 1257.

the same are hereby, amended to read as follows:

“Books, pamphlets, and other reading matter published either in

Franking privilege extended to sound production records.

raised characters, whether prepared by hand or printed, or in the form of sound reproduction records for the use of the blind, in pack-679ages not exceeding twelve pounds in weight, and containing no advertising or other matter whatever, unsealed, and when sent by public institutions for the blind, or by any public libraries, as a loan to blind readers, or when returned by the latter to such institutions or public libraries; magazines, periodicals, and other regularly issued publications in such raised characters, whether prepared by hand or printed, or on sound reproduction records (for the use of the blind), which contain no advertisements and for which no subscription fee is charged, shall be transmitted in the United States mails free of

Regulations.

postage and under such regulations as the Postmaster General may prescribe.

“Volumes of the Holy Scriptures, or any part thereof, published

Bibles.

either in raised characters, whether prepared by hand or printed, or in the form of sound reproduction records for the use of the blind, which do not contain advertisements (a) when furnished by an organization, institution, or association not conducted for private profit, to a blind person without charge, shall be transmitted in the United States mails free of postage; (b) when furnished by an organization, institution, or association not conducted for private profit to a blind person at a price not greater than the cost price thereof, shall be transmitted in the United States mails at the postage

Postage rate.

rate of 1 cent for each pound or fraction thereof; under such regulations

Regulations.

as the Postmaster General may prescribe.

“All letters written in point print or raised characters or on sound

Transmission of letters.

reproduction records used by the blind, when unsealed, shall be transmitted through the mails as third-class matter.”

Approved, May 9, 1934.

To authorize the coinage of 50-cent pieces in commemoration of the three-hundredth anniversary of the founding of the Province of Maryland. 48 Stat. 679 Chapter 265 1934-05-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 265.]

AN ACT To authorize the coinage of 50-cent pieces in commemoration of the three-hundredth anniversary of the founding of the Province of Maryland.

May 9, 1934.

[S. 2966.]

[Public, No. 215.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Maryland.

Coinage of 50-cent pieces commemorating founding of, authorized.

That, in commemoration of the three-hundredth anniversary of the founding of the Province of Maryland, there shall be coined by the Director of the Mint twenty-five thousand silver 50-cent pieces of standard size, weight, and fineness and of a special appropriate design to be fixed by the Director of the Mint, with the approval of the Secretary of the Treasury, but the United States shall not be subject to the

Expenses.

expense of making the models for master dies or other preparations for this coinage.

Sec. 2. That the coins herein authorized shall be issued at par and

Issued at par.

only upon the request of the chairman or secretary of the Maryland Tercentenary Commission.

Sec. 3. Such coins may be disposed of at par or at a premium by

Disposition.

said Commission and all proceeds shall be used in furtherance of the Maryland Tercentenary Commission projects.

Sec. 4. That all laws now in force relating to the subsidiary silver

Laws applicable.

coins of the United States and the coining or striking of the same; regulating and guarding the process of coinage; providing for the purchase of material, and for the transportation, distribution, and redemption of the coins; for the prevention of debasement or counterfeiting; for security of the coin; or for any other purposes, whether said laws are penal or otherwise, shall, so far as applicable, apply to the coinage herein directed.

Approved, May 9, 1934.

To provide revenue, equalize taxation, and for other purposes. 48 Stat. 680 Chapter 277 1934-05-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 680 [CHAPTER 277.]

AN ACT To provide revenue, equalize taxation, and for other purposes.

May 10, 1934.

[H.R. 7835.]

[Public, No. 216.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

REVENUE ACT OF 1934.

That this Act, divided into titles and sections according to the following Table of Contents, may be cited as the “Revenue Act of 1934”: TABLE OF CONTENTS

Table of contents.

Title I— Income Tax

INCOME TAX, P. 683.

subtitle a— introductory provisions

INTRODUCTORY PROVISIONS, P. 683.

Sec. 1. Application of title. Sec. 2. Cross references. Sec. 3. Classification of provisions. Sec. 4. Special classes of taxpayers. subtitle b— general provisions

GENERAL PROVISIONS, P. 684.

Part I— Rates of Tax

Rates of tax, p. 684.

Sec. 11. Normal tax on individuals. Sec. 12. Surtax on individuals. Sec. 13. Tax on corporations. Part II— Computation of Net Income

Net income computation, p. 686.

Sec. 21. Net income. Sec. 22. Gross income. Sec. 23. Deductions from gross income. Sec. 24. Items not deductible. Sec. 25. Credits of individual against net income. Sec. 26. Credits of corporation against net income. Part III— Credits Against Tax

Credits against tax, p. 693.

Sec. 31. Taxes of foreign countries and possessions of United States. Sec. 32. Taxes withheld at source. Sec. 33. Credit for overpayments. Part IV— Accounting Periods and Methods of Accounting

Accounting, p. 694.

Sec. 41. General rule. Sec. 42. Period in which items of gross income included. Sec. 43. Period for which deductions and credits taken. Sec. 44. Installment basis. Sec. 45. Allocation of income and deductions. Sec. 46. Change of accounting period. Sec. 47. Returns for a period of less than twelve months. Sec. 48. Definitions. Part V— Return s and Payment of Tax

Returns and payment, p. 697.

Sec. 51. Individual returns. Sec. 52. Corporation returns. Sec. 53. Time and place for filing returns. Sec. 54. Records and special returns. Sec. 55. Publicity of returns. Sec. 56. Payment of tax. Sec. 57. Examination of return and determination of tax. Sec. 58. Additions to tax and penalties. Sec. 59. Administrative proceedings. Part VI— Miscellaneous Provisions

Miscellaneous provisions, p. 699.

Sec. 61. Laws made applicable. Sec. 62. Rules and regulations. Sec. 63. Taxes in lieu of taxes under 1932 Act. Sec. 64. Short title. 681 subtitle c— supplemental provisions

REVENUE ACT OF 1934

Supplement A— Rates of Tax

SUPPLEMENTAL PROVISIONS, P. 700.

Sec. 101. Exemptions from tax on corporations. Sec. 102. Surtax on corporations improperly accumulating surplus. Sec. 103. Rates of tax on citizens and corporations of certain foreign countries. Supplement B— Computation of Net Income

Net income computed, p. 703.

Sec. 111. Determination of amount of, and recognition of, gain or loss. Sec. 112. Recognition of gain or loss. Sec. 113. Adjusted basis for determining gain or loss. Sec. 114. Basis for depreciation and depletion. Sec. 115. Distributions by corporations. Sec. 116. Exclusions from gross income. Sec. 117. Capital gains and losses. Sec. 118. Loss from wash sales of stock or securities. Sec. 119. Income from sources within United States. Sec. 120. Unlimited deduction for charitable and other contributions. Supplement C— Credits Against Tax

Credits against tax, p. 718.

Sec. 131. Taxes of foreign countries and possessions of United States. Supplement D— Returns and Payment of Tax

Returns and payment, p. 720.

Sec. 141. Consolidated returns of railroad corporations. Sec. 142. Fiduciary returns. Sec. 143. Withholding of tax at source. Sec. 144. Payment of corporation income tax at source. Sec. 145. Penalties. Sec. 146. Closing by Commissioner of taxable year. Sec. 147. Information at source. Sec. 148. Information by corporations. Sec. 149. Returns of brokers. Sec. 150. Collection of foreign items. Supplement E— Estates and Trusts

Estates and trusts, p. 727.

Sec. 161. Imposition of tax Sec. 162. Net income. Sec. 163. Credits against net income. Sec. 164. Different taxable years. Sec. 165. Employees’ trusts. Sec. 166. Revocable trusts. Sec. 167. Income for benefit of grantor. Sec. 168. Taxes of foreign countries and possessions of United States. Supplement F— Partnerships

Partnerships, p. 730.

Sec. 181. Partnership not taxable. Sec. 182. Tax of partners. Sec. 183. Computation of partnership income. Sec. 184. Credits against net income. Sec. 185. Earned income. Sec. 186. Taxes of foreign countries and possessions of United States. Sec. 187. Partnership returns. Sec. 188. Different taxable years of partner and partnership. Supplement G— Insurance Companies

Insurance companies, p. 731.

Sec. 201. Tax on life insurance companies. Sec. 202. Gross income of life insurance companies. Sec. 203. Net income of life insurance companies. Sec. 204. Insurance companies other than life or mutual. Sec. 205. Taxes of foreign countries and possessions of United States. Sec. 206. Computation of gross income. Sec. 207. Mutual insurance companies other than life. Supplement H— Nonresident Alien Individuals

Nonresident alien individuals, p. 735.

Sec. 211. Gross income Sec. 212. Deductions. Sec. 213. Credits against net income. 682 Sec. 214. Allowance of deductions and credits.

REVENUE ACT OF 1934.

Sec. 215. Credits against tax. Sec. 216. Returns. Sec. 237. Payment of tax. Supplement I— Foreign Corporations

Foreign corporations, p. 737.

Sec. 231. Gross income. Sec. 232. Deductions. Sec. 233. Allowance of deductions and credits. Sec. 234. Credits against tax. Sec. 235. Returns. Sec. 236. Payment of tax. Sec. 237. Foreign insurance companies. Sec. 238. Affiliation Supplement J— Possessions of the United States

Possessions of the United States, p. 738.

Sec. 251. Income from sources within possessions of United States. Sec. 252. Citizens of possessions of United States. Supplement K— China Trade Act Corporations

China Trade Act corporations, p. 739.

Sec. 261. Credit against net income. Sec. 262. Credits against the tax. Sec. 263. Affiliation. Sec. 264. Income of shareholders. Supplement L— Assessment and Collection of Deficiencies

Deficiencies, p. 740.

Sec. 271. Definition of deficiency. Sec. 272. Procedure in general. Sec. 273. Jeopardy assessments. Sec. 274. Bankruptcy and receiverships. Sec. 275. Period of limitation upon assessment and collection. Sec. 276. Same—Exceptions. Sec. 277. Suspension of running of statute. Supplement M— Interest and Additions to the Tax

Interest and tax additions, p. 746.

Sec. 291. Failure to file return. Sec. 292. Interest on deficiencies. Sec. 293. Additions to the tax in case of deficiency. Sec. 294. Additions to the tax in case of nonpayment. Sec. 295. Time extended for payment of tax shown on return. Sec. 296. Time extended for payment of deficiency. Sec. 297. Interest in case of jeopardy assessments. Sec. 298. Bankruptcy and receiverships. Sec. 299. Removal of property or departure from United States. Supplement N— Claims Against Transferees and Fiduciaries

Transferees and fiduciaries, p. 748.

Sec. 311. Transferred assets. See. 312. Notice of fiduciary relationship. Supplement O— Overpayments

Overpayments, p. 750.

Sec. 321. Overpayment of installment. See. 322. Refunds and credits. Title IA— Additional Income Taxes

ADDITIONAL INCOME TAXES, P. 751

Sec. 351. Surtax on personal holding companies. Title II— Amendments to Estate TaxAmendments to Estate Tax Sec. 401. Revocable trusts. Sec. 402. Prior taxed property. Sec. 403. Citizenship and residence of decedents. Sec. 404. Real estate situated outside the United States. Sec. 405. Estate tax rates. Sec. 406. Nondeductibility of certain transfers. 683 Title III— Amendments to Prior Acts and Miscellaneous

REVENUE ACT OF 1934.

AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS, P. 755.

Sec. 501. Period for petition to board under prior Acts. Sec. 502. Recovery of amounts erroneously refunded. Sec. 503. Statute of limitations on suits for refund. Sec. 504. Overpayments found by the Board of Tax Appeals. Sec. 505. Bankruptcy and receiverships. Sec. 506. Retroactivity of regulations, rulings, etc. Sec. 507. Examination of books and witnesses. Sec. 508. Sale of personal property under distraint. Sec. 509. Discharge of liens. Sec. 510. Jeopardy assessments. Sec. 511. Gifts of property subject to power. Sec. 512. General counsel for the Treasury. Sec. 513. Assistants in the Treasury. Sec. 514. Penalties and awards to informers with respect to illegally produced petroleum. Sec. 515. Postal rates. Sec. 516. Commissioner as party to suit. Sec. 517. Nondeductibility of certain gifts. Sec. 518. Liability of fiduciary. Sec. 519. Venue for appeals from Board of Tax Appeals. Sec. 520. Gift tax rates. Title IV— Excise Taxes

EXCISE TAXES, P. 762.

Sec. 601. Termination of soft drink tax. Sec. 602. Tax on certain oils. Sec. 60½. Processing tax on certain oils. Sec. 603. Taxes on lubricating oil and gasoline. Sec. 604. Producers’ tax on crude petroleum. Sec. 605. Tax on refining of crude petroleum. Sec. 606. Termination of bank check tax. Sec. 607. Enforcement of liability for taxes collected. Sec. 608. Tax on furs. Sec. 609. Tax on jewelry, etc. Sec. 610. Tax on cigarettes. Sec. 611. Tax on matches. Sec. 612. Stamp tax on sales of produce for future delivery. Sec. 613. Termination of tax on use of boats. Sec. 614. Termination of tax on candy. Title V— Capital Stock and Excess Profits Taxes

CAPITAL STOCK AND EXCESS PROFITS TAXES, P. 769.

Sec. 701. Capital-stock tax. Sec. 702. Excess-profits tax. Sec. 703. Capital-stock and excess-profits tax imposed by National Industrial Recovery Act. Title VI— General Provisions

GENERAL PROVISIONS, P. 771.

Sec. 801. Definitions. Sec. 802. Separability clause. Sec. 803. Effective date of Act.

<num class="centered" value="I">TITLE I—</num> <heading class="inline">INCOME TAX<sidenote>INCOME TAX.</sidenote></heading> <subtitle> <heading class="centered">SUBTITLE A—INTRODUCTORY PROVISIONS<sidenote>INTRODUCTORY PROVISIONS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="1">SEC. 1. </num> <heading class="inline">APPLICATION OF TITLE.<sidenote>Application of title.</sidenote></heading> <content>The provisions of this title shall apply only to taxable years<sidenote>To 1934, and succeeding years.</sidenote> beginning after December 31, 1933. Income, war-profits, and excess-profits taxes for taxable years beginning prior to January 1, 1934,<sidenote>Prior years not affected.</sidenote> shall not be affected by the provisions of this title, but shall remain subject to the applicable provisions of prior revenue Acts, except as<sidenote>Exceptions.</sidenote> such provisions are modified by Title III of this Act or by legislation<sidenote>Post, p. 755.</sidenote> enacted subsequent to this Act.</content> </section> <page identifier="/us/stat/48/684">684</page> <section class="indent0 firstIndent0 fontsize10"> <num>SEC. 2. </num> <heading>CROSS REFERENCES.<sidenote>INCOME TAX.Cross references.</sidenote></heading> <content>The cross references in this title to other portions of the title, where the word “see” is used, are made only for convenience, and shall be given no legal effect.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="3">SEC. 3. </num> <heading>CLASSIFICATION OF PROVISIONS.<sidenote>Classification of provisions.</sidenote></heading> <chapeau class="indent0 firstIndent1 fontsize10">The provisions of this title are herein classified and designated as—<sidenote>Designations.</sidenote> </chapeau> <level> <content class="inline"> Subtitle A—Introductory provisions, Subtitle B—General provisions, divided into Parts and sections, Subtitle C—Supplemental provisions, divided into Supplements and sections. </content> </level> </section> <section class="indent0 firstIndent0 fontsize10"> <num>SEC. 4. </num> <heading>SPECIAL CLASSES OF TAXPAYERS.<sidenote>Special classes of taxpayers.</sidenote></heading> <chapeau class="indent0 firstIndent1 fontsize10">The application of the General Provisions and of Supplements<sidenote>Application of general provisions and of supplements.</sidenote> A to D, inclusive, to each of the following special classes of taxpayers, shall be subject to the exceptions and additional provisions found in the Supplement applicable to such class, as follows:</chapeau> <level> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Estates and trusts and the beneficiaries thereof,—Supplement E.<sidenote>Estates and trusts, p. 727.</sidenote> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Members of partnerships,—Supplement F.<sidenote>Partnerships, p. 730.</sidenote> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Insurance companies,—Supplement G.<sidenote>Insurance companies, p. 731.</sidenote> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Nonresident alien individuals,—Supplement H.<sidenote>Nonresident aliens, p. 735.</sidenote> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Foreign corporations,—Supplement I.<sidenote>Foreign corporations, p. 737.</sidenote> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">Individual citizens of any possession of the United States<sidenote>Citizens of possessions of United States, p. 738.</sidenote> who are not otherwise citizens of the United States and who are not residents of the United States,—Supplement J.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">Individual citizens of the United States or domestic corporations,<sidenote>Citizens deriving large portion of income from U.S. possessions, p. 738.</sidenote> satisfying the conditions of section 251 by reason of deriving a large portion of their gross income from sources within a possession of the United States,—Supplement J.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">China Trade Act corporations,—Supplement K.<sidenote>China Trade Act corporations, p. 739.</sidenote> </content> </paragraph> </level> </section> </subtitle> <subtitle> <heading class="centered">SUBTITLE B—GENERAL PROVISIONS</heading> <part> <num value="I">Part I—</num> <heading>Rates of Tax</heading> <section class="indent0 firstIndent0 fontsize10"> <num value="11">SEC. 11. </num> <heading>NORMAL TAX ON INDIVIDUALS.<sidenote>Normal tax on individuals.</sidenote></heading> <content>There shall be levied, collected, and paid for each taxable year<sidenote>Rates upon net income.</sidenote> upon the net income of every individual a normal tax of 4 per centum of the amount of the net income in excess of the credits against net income provided in section 25.<sidenote>Post, p. 692.</sidenote> </content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="12">SEC. 12. </num> <heading>SURTAX ON INDIVIDUALS.</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Definition of “Surtax Net Income”</inline>.—</heading> <content class="inline">As used in this section the term “surtax net income” means the amount of the net income in excess of the credits against net income provided in section 25 (b).</content> </subsection> <subsection class="indent0 firstIndent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Rates of Surtax</inline>.—</heading> <content class="inline"> There shall be levied, collected, and paid for each taxable year upon the surtax net income of every individual a surtax as follows: Upon a surtax net income of $4,000 there shall be no surtax: upon surtax net incomes in excess of $4,000 and not in excess of $6,000, 4 per centum of such excess. $80 upon surtax net incomes of $6,000; and upon surtax net incomes in excess of $6,000 and not in excess of $8,000, 5 per centum in addition of such excess. $180 upon surtax net incomes of $8,000; and upon surtax net incomes in excess of $8,000 and not in excess of $10,000, 6 per centum in addition of such excess. <page identifier="/us/stat/48/685">685</page> $300 upon surtax net incomes of $10,000; and upon surtax net<sidenote>INCOME TAX.Surtax on individuals—Contd.Rates—Contd.</sidenote> incomes in excess of $10,000 and not in excess of $12,000, 7 per centum in addition of such excess. $440 upon surtax net incomes of $12,000; and upon surtax net incomes in excess of $12,000 and not in excess of $14,000, 8 per centum in addition of such excess. $600 upon surtax net incomes of $14,000; and upon surtax net incomes in excess of $14,000 and not in excess of $16,000, 9 per centum in addition of such excess. $780 upon surtax net incomes of $16,000; and upon surtax net incomes in excess of $16,000 and not in excess of $18,000, 11 per centum in addition of such excess. $1,000 upon surtax net incomes of $18,000; and upon surtax net incomes in excess of $18,000 and not in excess of $20,000, 13 per centum in addition of such excess. $1,260 upon surtax net incomes of $20,000; and upon surtax net incomes in excess of $20,000 and not in excess of $22,000, 15 per centum in addition of such excess. $1,560 upon surtax net incomes of $22,000; and upon surtax net incomes in excess of $22,000 and not in excess of $26,000, 17 per centum in addition of such excess. $2,240 upon surtax net incomes of $26,000; and upon surtax net incomes in excess of $26,000 and not in excess of $32,000, 19 per centum in addition of such excess. $3,380 upon surtax net incomes of $32,000; and upon surtax net incomes in excess of $32,000 and not in excess of $38,000, 21 per centum in addition of such excess. $4,640 upon surtax net incomes of $38,000; and upon surtax net incomes in excess of $38,000 and not in excess of $44,000, 24 per centum in addition of such excess. $6,080 upon surtax net incomes of $44,000; and upon surtax net incomes in excess of $44,000 and not in excess of $50,000, 27 per centum in addition of such excess. $7,700 upon surtax net incomes of $50,000; and upon surtax net incomes in excess of $50,000 and not in excess of $56,000, 30 per centum in addition of such excess. $9,500 upon surtax net incomes of $56,000; and upon surtax net incomes in excess of $56,000 and not in excess of $62,000, 33 per centum in addition of such excess. $11,480 upon surtax net incomes of $62,000; and upon surtax net incomes in excess of $62,000 and not in excess of $68,000, 36 per centum in addition of such excess. $13,640 upon surtax net incomes of $68,000; and upon surtax net incomes in excess of $68,000 and not in excess of $74,000, 39 per centum in addition of such excess. $15,980 upon surtax net incomes of $74,000; and upon surtax net incomes in excess of $74,000 and not in excess of $80,000, 42 per centum in addition of such excess. $18,500 upon surtax net incomes of $80,000; and upon surtax net incomes in excess of $80,000 and not in excess of $90,000, 45 per centum in addition of such excess. $23,000 upon surtax net incomes of $90,000; and upon surtax net incomes in excess of $90,000 and not in excess of $100,000, 50 per centum in addition of such excess. $28,000 upon surtax net incomes of $100,000; and upon surtax net incomes in excess of $100,000 and not in excess of $150,000, 52 per centum in addition of such excess. <page identifier="/us/stat/48/686">686</page> $54,000 upon surtax net incomes of $150,000; and upon surtax<sidenote>INCOME TAX.Surtax on individuals—Contd.Rates—Contd.</sidenote> net incomes in excess of $150,000 and not in excess of $200,000, 53 per centum in addition of such excess. $80,500 upon surtax net incomes of $200,000; and upon surtax net incomes in excess of $200,000 and not in excess of $300,000, 54 per centum in addition of such excess. $134,500 upon surtax net incomes of $300,000; and upon surtax net incomes in excess of $300,000 and not in excess of $400,000, 55 per centum in addition of such excess. $189,500 upon surtax net incomes of $400,000; and upon surtax net incomes in excess of $400,000 and not in excess of $500,000, 56 per centum in addition of such excess. $245,500 upon surtax net incomes of $500,000; and upon surtax net incomes in excess of $500,000 and not in excess of $750,000, 57 per centum in addition of such excess. $388,000 upon surtax net incomes of $750,000; and upon surtax net incomes in excess of $750,000 and not in excess of $1,000,000, 58 per centum in addition of such excess. $533,000 upon surtax net incomes of $1,000,000; and upon surtax net incomes in excess of $1,000,000, 59 per centum in addition of such excess. </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Tax on Personal Holding Companies</inline>.—</heading> <content class="inline">For surtax on personal<sidenote>Personal holding companies.Post, p. 751.</sidenote> holding companies, see section 351.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Avoidance of Surtaxes by Incorporation</inline>.—</heading> <content class="inline">For surtax on<sidenote>Evasion by corporations.Post, p. 702.</sidenote> corporations which accumulate surplus to avoid surtax on stockholders, see section 102.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="13">SEC. 13. </num> <heading>TAX ON CORPORATIONS.<sidenote>Tax on corporations.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Rate of Tax</inline>.—</heading> <content class="inline">There shall be levied, collected, and paid<sidenote>Rate.</sidenote> for each taxable year upon the net income of every corporation, a tax of 1334 per centum of the amount of the net income in excess of the credit against net income provided in section 26.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Exempt Corporations</inline>.—</heading> <content class="inline">For corporations exempt from tax,<sidenote>Exempt corporations.Post, p. 700.</sidenote> see section 101.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Tax on Personal Holding Companies</inline>.—</heading> <content class="inline">For surtax on personal holding companies, see section 351.<sidenote>Personal holding companies.Post, p. 751.</sidenote> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Improper Accumulation of Surplus</inline>.—</heading> <content class="inline">For surtax on corporations<sidenote>Accumulating surplus to avoid surtax.Post, p. 702.</sidenote> which accumulate surplus to avoid surtax on stockholders, see section 102.</content> </subsection> </section> </part> <part> <num value="II">Part II—</num> <heading>Computation of Net Income</heading><sidenote>COMPUTATION OF NET INCOME.</sidenote> <section class="indent0 firstIndent0 fontsize10"> <num value="21">SEC. 21. </num> <heading>NET INCOME.</heading> <content>“Net income” means the gross income computed under section<sidenote>Net income, defined.</sidenote> 22, less the deductions allowed by section 23.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="22">SEC. 22. </num> <heading>GROSS INCOME.<sidenote>Gross income.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Definition</inline>.—</heading> <content class="inline">“Gross income” includes gains,<sidenote>General definition.</sidenote> profits, and income derived from salaries, wages, or compensation for personal service, of whatever kind and in whatever form paid, or from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever. In the case of Presidents of the United States and judges of courts of the United States taking office after June 6, 1932, the compensation received as such shall be included<page identifier="/us/stat/48/687">687</page> in gross income; and all Acts fixing the compensation of such<sidenote>INCOME TAX COMPUTATION OF NET INCOME—Contd.</sidenote> Presidents and judges are hereby amended accordingly.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Exclusions from Gross Income</inline>.—</heading> <chapeau class="inline">The following items shall<sidenote>Exclusions from gross income.</sidenote> not be included in gross income and shall be exempt from taxation under this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Life insurance</inline>.—</heading> <content class="inline">Amounts received under a life insurance<sidenote>Life insurance.</sidenote> contract paid by reason of the death of the insured, whether in a single sum or otherwise (but if such amounts are held by the insurer under an agreement to pay interest thereon, the interest payments shall be included in gross income);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Annuities, etc.</inline>—</heading> <content class="inline">Amounts received (other than amounts<sidenote>Annuities, etc.</sidenote> paid by reason of the death of the insured and interest payments on such amounts and other than amounts received as annuities) under a life insurance or endowment contract, but if such amounts (when added to amounts received before the taxable year under such contract) exceed the aggregate premiums or consideration paid (whether or not paid during the taxable year) then the excess shall be included in gross income. Amounts received as an annuity<sidenote>Portion to be included in gross income.</sidenote> under an annuity or endowment contract shall be included in gross income; except that there shall be excluded from gross income the excess of the amount received in the taxable year over an amount equal to 3 per centum of the aggregate premiums or consideration paid for such annuity (whether or not paid during such year), until the aggregate amount excluded from gross income under this title or prior income tax laws in respect of such annuity equals the aggregate premiums or consideration paid for such annuity. In<sidenote>Transfers for value.</sidenote> the case of a transfer for a valuable consideration, by assignment or otherwise, of a life insurance, endowment, or annuity contract, or any interest therein, only the actual value of such consideration and the amount of the premiums and other sums subsequently paid by the transferee shall be exempt from taxation under paragraph (1) or this paragraph;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Gifts, bequests, and devises</inline>.—</heading> <content class="inline">The value of property<sidenote>Value of gifts, etc.</sidenote> acquired by gift, bequest, devise, or inheritance (but the income from such property shall be included in gross income);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Tax-free interest</inline>.—</heading> <content class="inline">Interest upon (A) the obligations of<sidenote>Tax-free interest.</sidenote> a State, Territory, or any political subdivision thereof, or the<sidenote>State, etc., bonds.</sidenote> District of Columbia; or (B) obligations of a corporation organized<sidenote>Federal instrumentalities.</sidenote> under Act of Congress, if such corporation is an instrumentality of the United States; or (C) the obligations of the United<sidenote>Federal obligations, etc.</sidenote> States or its possessions. Every person owning any of the obligations enumerated in clause (A), (B), or (C) shall, in the return required by this title, submit a statement showing the<sidenote>Statement required in returns.</sidenote> number and amount of such obligations owned by him and the income received therefrom, in such form and with such information as the Commissioner may require. In the case of obligations of<sidenote>Federal obligations issued after September 1, 1917.</sidenote> the United States issued after September 1, 1917 (other than postal savings certificates of deposit) and in the case of obligations of a corporation organized under Act of Congress, the interest shall be exempt only if and to the extent provided in the respective Acts authorizing the issue thereof as amended and supplemented, and shall be excluded from gross income only if and to the extent it is wholly exempt from the taxes imposed by this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Compensation for injuries or sickness</inline>.—</heading> <content class="inline">Amounts received,<sidenote>Payment for personal injuries or sickness.</sidenote> through accident or health insurance or under workmen’s compensation acts, as compensation for personal injuries or sickness, plus the amount of any damages received whether by suit or agreement on account of such injuries or sickness;</content> </paragraph> <page identifier="/us/stat/48/688">688</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Ministers</inline>.—</heading> <content class="inline">The rental value of a dwelling house and appurtenances<sidenote>INCOME TAX COMPUTATION OF NET INCOME—Contd.</sidenote> thereof furnished to a minister of the gospel as part of his compensation;<sidenote>Minister’s dwelling.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">Miscellaneous items</inline>.—</heading> <content class="inline">The following items, to the extent provided in section 116:<sidenote>Miscellaneous items.Post, p. 712.</sidenote> <list> <listItem><listContent class="indent1 fontsize10 depth0">Earned income from sources without the United States;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Salaries of certain Territorial employees;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The income of foreign governments;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Income of States, municipalities, and other political subdivisions;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Receipts of shipowners’ mutual protection and indemnity associations;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Dividends from China Trade Act corporations.</listContent></listItem> </list> </content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Inventories</inline>.—</heading> <content class="inline">Whenever in the opinion of the Commissioner<sidenote>Inventories, to determine income.</sidenote> the use of inventories is necessary in order clearly to determine the income of any taxpayer, inventories shall be taken by such taxpayer upon such basis as the Commissioner, with the approval of the Secretary, may prescribe as conforming as nearly as may be to the best accounting practice in the trade or business and as most clearly reflecting the income.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Distributions by Corporations</inline>.—</heading> <content class="inline">Distributions by corporations<sidenote>Distributions by corporations.Post, p. 711.</sidenote> shall be taxable to the shareholders as provided in section 115.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Determination of Gain or Loss</inline>.—</heading> <content class="inline">In the case of a sale or<sidenote>Determination of gain or loss in sale of property.Post, p. 703.</sidenote> other disposition of property, the gain or loss shall be computed as provided in section 111.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) <sidenote>Sources within and without United States.Post, p. 716.</sidenote></num> <heading><inline class="smallCaps">Gross Income from Sources Within and Without United States</inline>.—</heading> <content class="inline">For computation of gross income from sources within and without the United States, see section 119.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="23">SEC. 23. </num> <heading>DEDUCTIONS FROM GROSS INCOME.<sidenote>Deductions from gross income.</sidenote></heading> <chapeau>In computing net income there shall be allowed as deductions:</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Expenses</inline>.—</heading> <content class="inline">All the ordinary and necessary expenses paid or<sidenote>Business expenses.</sidenote> incurred during the taxable year in carrying on any trade or business, including a reasonable allowance for salaries or other compensation for personal services actually rendered; traveling expenses (including<sidenote>Traveling included.</sidenote> the entire amount expended for meals and lodging) while away from home in the pursuit of a trade or business; and rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken or is not taking title or in which he has no equity.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Interest</inline>.—</heading> <content class="inline">All interest paid or accrued within the taxable<sidenote>Interest on debts.Exceptions.</sidenote> year on indebtedness, except on indebtedness incurred or continued to purchase or carry obligations (other than obligations of the United States issued after September 24, 1917, and originally subscribed for by the taxpayer) the interest upon which is wholly exempt from the taxes imposed by this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading>Taxes Generally.—</heading> <chapeau>Taxes paid or accrued within the taxable<sidenote>Taxes generally.</sidenote> year, except—<sidenote>Exceptions.</sidenote> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Federal income, war-profits, and excess-profits taxes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">income, war-profits, and excess-profits taxes imposed by the authority of any foreign country or possession of the United States; but this deduction shall be allowed in the case of a taxpayer who does not signify in his return his desire to have to any extent the benefits of section 131 (relating to credit for taxes of foreign countries and possessions of the United States);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">estate, inheritance, legacy, succession, and gift taxes; and</content> </paragraph> <page identifier="/us/stat/48/689">689</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">taxes assessed against local benefits of a kind tending to increase<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> the value of the property assessed; but this paragraph shall not exclude the allowance as a deduction of so much of such taxes as is properly allocable to maintenance or interest charges.</content> </paragraph> </subsection> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Taxes of Shareholder Paid by Corporation</inline>.—</heading> <content class="inline">The deduction<sidenote>Taxes of shareholder paid by corporation.</sidenote> for taxes allowed by subsection (c) shall be allowed to a corporation in the case of taxes imposed upon a shareholder of the corporation upon his interest as shareholder which are paid by the corporation without reimbursement from the shareholder, but in such cases no deduction shall be allowed the shareholder for the amount of such taxes.</content> </paragraph> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Losses by Individuals</inline>.—</heading> <chapeau>In the case of an individual, losses sustained during the taxable year and not compensated for by insurance<sidenote>Losses by individuals.</sidenote> or otherwise—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">if incurred in trade or business; or<sidenote>Business.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">if incurred in any transaction entered into for profit, though<sidenote>Not connected with trade or business.</sidenote> not connected with the trade or business; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num>(3) </num> <content class="inline"> of property not connected with the trade or business, if the<sidenote>Casualty losses not connected with business.</sidenote> loss arises from fires, storms, shipwreck, or other casualty, or from theft. No loss shall be allowed as a deduction under this<sidenote>Disallowed, if deducted for estate tax purposes.</sidenote> paragraph if at the time of the filing of the return such loss has been claimed as a deduction for estate tax purposes in the estate tax return.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Losses by Corporations</inline>.—</heading> <content class="inline">In the case of a corporation, losses<sidenote>Losses by corporations</sidenote> sustained during the taxable year and not compensated for by insurance or otherwise.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Wagering Losses</inline>.—</heading> <content class="inline">Losses from wagering transactions shall<sidenote>Wagering losses.</sidenote> be allowed only to the extent of the gains from such transactions.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <heading><inline class="smallCaps">Basis for Determining Loss</inline>.—</heading> <content class="inline">The basis for determining<sidenote>Basis for determining loss.Post, p. 709.</sidenote> the amount of deduction for losses sustained, to be allowed under subsection (e) or (f), shall be the adjusted basis provided in section 113(b) for determining the loss from the sale or other disposition of property.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Loss on Wash Sales of Stock or Securities</inline>.—</heading> <content class="inline">For disallowance<sidenote>Disallowance of loss on wash sales of stock, etc.Post, p. 715.</sidenote> of loss deduction in the case of sales of stock or securities where within thirty days before or after the date of the sale the taxpayer has acquired substantially identical property, see section 118.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="j">(j) </num> <heading><inline class="smallCaps">Capital Losses</inline>.—</heading> <content class="inline">Losses from sales or exchanges of capital<sidenote>Capital losses.Post, p. 715.</sidenote> assets shall be allowed only to the extent provided in section 117(d).</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="k">(k) </num> <heading><inline class="smallCaps">Bad Debts</inline>.—</heading> <content class="inline">Debts ascertained to be worthless and charged<sidenote>Bad debts.</sidenote> off within the taxable year (or, in the discretion of the Commissioner, a reasonable addition to a reserve for bad debts); and when satisfied that a debt is recoverable only in part, the Commissioner may allow such debt, in an amount not in excess of the part charged off within the taxable year, as a deduction.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="l">(l) </num> <heading><inline class="smallCaps">Depreciation</inline>.—</heading> <content class="inline">A reasonable allowance for the exhaustion,<sidenote>Exhaustion, etc., of business property.</sidenote> wear and tear of property used in the trade or business, including a reasonable allowance for obsolescence. In the case of property held<sidenote>Life estates.</sidenote> by one person for life with remainder to another person, the deduction shall be computed as if the life tenant were the absolute owner of the property and shall be allowed to the life tenant. In the case<sidenote>Property in trust.</sidenote> of property held in trust the allowable deduction shall be apportioned between the income beneficiaries and the trustee in accordance with the pertinent provisions of the instrument creating the trust, or, in the absence of such provisions, on the basis of the trust income allocable to each.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="m">(m) </num> <heading><inline class="smallCaps">Depletion</inline>.—</heading> <content class="inline">In the case of mines, oil and gas wells, other<sidenote>Mines, oil and gas wells, timber, etc.Reasonable allowance for depletion, etc.</sidenote> natural deposits, and timber, a reasonable allowance for depletion and for depreciation of improvements, according to the peculiar con-<page identifier="/us/stat/48/690">690</page>ditions in each case; such reasonable allowance in all cases to be made<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> under rules and regulations to be prescribed by the Commissioner, with the approval of the Secretary. In any case in which it is ascertained<sidenote>Revision of estimates allowed.</sidenote> as a result of operations or of development work that the recoverable units are greater or less than the prior estimate thereof, then such prior estimate (but not the basis for depletion) shall be revised and the allowance under this subsection for subsequent taxable years shall be based upon such revised estimate. In the case<sidenote>Leases.</sidenote> of leases the deductions shall be equitably apportioned between the lessor and lessee. In the case of property held by one person for<sidenote>Life estates.</sidenote> life with remainder to another person, the deduction shall be computed as if the life tenant were the absolute owner of the property and shall be allowed to the life tenant. In the case of property held<sidenote>Property in trust.</sidenote> in trust the allowable deduction shall be apportioned between the income beneficiaries and the trustee in accordance with the pertinent provisions of the instrument creating the trust, or, in the absence of such provisions, on the basis of the trust income allocable to each. (For percentage depletion allowable under this subsection, see section<sidenote>Post, p. 710.</sidenote> 114(b), (3) and (4).)</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="n">(n) </num> <heading><inline class="smallCaps">Basis for Depreciation and Depletion</inline>.—</heading> <content class="inline">The basis upon<sidenote>Basis for depletion, etc.</sidenote> which depletion, exhaustion, wear and tear, and obsolescence are to be allowed in respect of any property shall be as provided in section<sidenote>Post, p. 710.</sidenote> 114.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="o">(o) </num> <chapeau>Charitable and Other Contributions.—In the case of an<sidenote>Charitable, etc., contributions.Gifts.</sidenote> individual, contributions or gifts made within the taxable year to or for the use of:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the United States, any State, Territory, or any political<sidenote>Public uses.</sidenote> subdivision thereof, or the District of Columbia, for exclusively public purposes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a corporation, or trust, or community chest, fund, or foundation,<sidenote>Religious, scientific, etc., organizations.</sidenote> organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the special fund for vocational rehabilitation authorized<sidenote>Vocational rehabilitation.Vol. 43, p. 611.</sidenote> by section 12 of the World War Veterans’ Act, 1924;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">posts or organizations of war veterans, or auxiliary units<sidenote>War veterans’ organizations, etc.</sidenote> or societies of any such posts or organizations, if such posts, organizations, units, or societies are organized in the United States or any of its possessions, and if no part of their net earnings inures to the benefit of any private shareholder or individual; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">a fraternal society, order, or association, operating under<sidenote>Fraternal society.</sidenote> the lodge system, but only if such contributions or gifts are to be used exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals;</content> </paragraph> <continuation class="inline">to an amount which in all the above cases combined does not exceed<sidenote>Limit.</sidenote> 15 per centum of the taxpayer’s net income as computed without the benefit of this subsection. Such contributions or gifts shall be<sidenote>Unlimited deduction.</sidenote> allowable as deductions only if verified under rules and regulations prescribed by the Commissioner, with the approval of the Secretary.<sidenote>Post, p. 718.</sidenote> (For unlimited deduction if contributions and gifts exceed 90 per centum of the net income, see section 120.)</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="p">(p) </num> <heading><inline class="smallCaps">Dividends Received by Corporations</inline>.—</heading> <content class="inline">In the case of a<sidenote>Dividends received by corporations.Domestic.</sidenote> corporation, the amount received as dividends from a domestic corporation which is subject to taxation under this title. The deduc-<page identifier="/us/stat/48/691">691</page>tion allowed by this subsection shall not be allowed in respect of<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> dividends received from a corporation organized under the China Trade Act, 1922, or from a corporation which under section 251 is<sidenote>China Trade Act corporation.Vol. 42, p. 849.Post, p. 738.</sidenote> taxable only on its gross income from sources within the United States by reason of its receiving a large percentage of its gross income from sources within a possession of the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="q">(q) </num> <heading><inline class="smallCaps">Pension Trusts</inline>.—</heading> <content class="inline">An employer establishing or maintaining<sidenote>Maintenance of pension trusts.</sidenote> a pension trust to provide for the payment of reasonable pensions to his employees (if such trust is exempt from tax under section 165, relating to trusts created for the exclusive benefit of employees)<sidenote>Post, p. 729.</sidenote> shall be allowed as a deduction (in addition to the contributions to such trust during the taxable year to cover the pension liability accruing during the year, allowed as a deduction under subsection (a) of this section) a reasonable amount transferred or paid into such trust during the taxable year in excess of such contributions, but only if such amount (1) has not theretofore been allowable as a deduction, and (2) is apportioned in equal parts over a period of ten consecutive years beginning with the year in which the transfer or payment is made. Any deduction allowable under<sidenote>Allowance under previous laws.Vol. 45, p. 802; Vol. 47, p. 182.</sidenote> section. 23 (q) of the Revenue Act of 1928 or the Revenue Act of 1932 which under such section was apportioned to any taxable year beginning after December 31, 1933, shall be allowed as a deduction in the years to which so apportioned to the extent allowable under such section if it had remained in force with respect to such year.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="24">SEC. 24. </num> <heading>ITEMS NOT DEDUCTIBLE.</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <chapeau>In computing net income no deduction shall<sidenote>Items not deductible.</sidenote> in any case be allowed in respect of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Personal, living, or family expenses;<sidenote>Personal, etc., expenses.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Any amount paid out for new buildings or for permanent<sidenote>Property improvements.</sidenote> improvements or betterments made to increase the value of any property or estate;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Any amount expended in restoring property or in making<sidenote>Restoring property.</sidenote> good the exhaustion thereof for which an allowance is or has been made;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Premiums paid on any life insurance policy covering the<sidenote>Life insurance premiums for employees.</sidenote> life of any officer or employee, or of any person financially interested in any trade or business carried on by the taxpayer, when the taxpayer is directly or indirectly a beneficiary under such policy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Any amount otherwise allowable as a deduction which<sidenote>Deductions allocable to tax-exempt incomes.</sidenote> is allocable to one or more classes of income other than interest (whether or not any amount of income of that class or classes is received or accrued) wholly exempt from the taxes imposed bv this title; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Loss from sales or exchanges of property, directly or<sidenote>Property losses from sales, etc. Exchanges between members of family.Shareholder and corporation.</sidenote> indirectly, (A) between members of a family, or (B) except in the case of distributions in liquidation, between an individual and a corporation in which such individual owns, directly or indirectly, more than 50 per centum in value of the outstanding stock. For the purpose of this paragraph—(C) an individual shall be considered<sidenote>Definitions.</sidenote> as owning the stock owned, directly or indirectly, by his family; and (D) the family of an individual shall include only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="n">(b) </num> <heading><inline class="smallCaps">Holders of Life or Terminable Interest</inline>.—</heading> <content class="inline">Amounts paid<sidenote>Holders of life or terminable interest.Deductions on income acquired by gift, etc.</sidenote> under the laws of any State, Territory, District of Columbia, possession of the United States, or foreign country as income to the holder of a life or terminable interest acquired by gift, bequest, or<page identifier="/us/stat/48/692">692</page> inheritance shall not be reduced or diminished by any deduction<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.Ante, p. 689.</sidenote> for shrinkage (by whatever name called) in the value of such interest due to the lapse of time, nor by any deduction allowed by this Act (except the deductions provided for in subsections (1) and (m) of section 23) for the purpose of computing the net income of an estate or trust but not allowed under the laws of such State, Territory, District of Columbia, possession of the United States, or foreign country for the purpose of computing the income to which such holder is entitled.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Tax Withheld on Tax-free Covenant Bonds</inline>.—</heading> <content class="inline">For nondeductibility<sidenote>Tax-free covenant bonds.Post, p. 723.</sidenote> of tax withheld on tax-free covenant bonds, see section 143 (a) (3).</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="25">SEC. 25. </num> <heading>CREDITS OF INDIVIDUAL AGAINST NET INCOME.<sidenote>Credits allowed individuals.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Credits for Normal Tax Only</inline>.—</heading> <chapeau>There shall be allowed for<sidenote>Normal tax only.</sidenote> the purpose of the normal tax, but not for the surtax, the following credits against the net income:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Dividends</inline>.—</heading> <content class="inline">The amount received as dividends from a<sidenote>Dividends from domestic corporations subject to tax herein.</sidenote> domestic corporation which is subject to taxation under this title. The credit allowed by this paragraph shall not be allowed in respect of dividends received from a corporation organized under the China Trade Act, 1922, or from a corporation which under<sidenote>China Trade Act corporations, etc., excepted.Post, p. 738.</sidenote> section 251 is taxable only on its gross income from sources within the United States by reason of its receiving a large percentage of its gross income from sources within a possession of the United States.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Interest on United States obligations</inline>.—</heading> <content class="inline">The amount<sidenote>Interest on Federal securities.Ante, p. 686.</sidenote> received as interest upon obligations of the United States which is included in gross income under section 22.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) <sidenote>Interest on obligations of Federal instrumentalities.</sidenote></num> <heading><inline class="smallCaps">Interest on obligations of instrumentalities of the United States</inline>.—</heading> <content class="inline">The amount received as interest on obligations of a corporation organized under Act of Congress, if (A) such<sidenote>Ante, p. 686.</sidenote> corporation is an instrumentality of the United States; and (B) such interest is included in gross income under section 22; and (C) under the Act authorizing the issue thereof, as amended and supplemented, such interest is exempt from normal tax.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Earned income credit</inline>.—</heading> <content class="inline">10 per centum of the amount of<sidenote>Earned income credit.</sidenote> the earned net income, but not in excess of 10 per centum of the amount of the net income.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Earned income definitions</inline>.—</heading> <chapeau>For the purposes of this<sidenote>Earned income definitions.</sidenote> section—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">“Earned income” means wages, salaries, professional<sidenote>“Earned income.”</sidenote> fees, and other amounts received as compensation for personal services actually rendered, but does not include any amount not included in gross income, nor that part of the compensation derived by the taxpayer for personal services rendered by him to a corporation which represents a distribution of earnings or profits rather than a reasonable allowance as compensation for the personal services actually rendered. In the case of a taxpayer engaged in a trade or business in which both personal services and capital are material income producing factors, a reasonable allowance as compensation for the personal services actually rendered by the taxpayer, not in excess of 20 per centum of his share of the net profits of such trade or business, shall be considered as earned income.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">“Earned income deductions” means such deductions as<sidenote>“Earned income deductions.</sidenote> are allowed by section 23 for the purpose of computing net income, and are properly allocable to or chargeable against earned income.</content> </subparagraph> <page identifier="/us/stat/48/693">693</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">“Earned net income” means the excess of the amount of<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> the earned income over the sum of the earned income deductions. If the taxpayer’s net income is not more than $3,000,<sidenote>“Earned net income.”</sidenote> his entire net income shall be considered to be earned net income, and if his net income is more than $3,000, his earned net income shall not be considered to be less than $3,000. In no case shall the earned net income be considered to be more than $14,000.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Credits for Both Normal Tax and Surtax</inline>.—</heading> <chapeau>There shall be<sidenote>Credits for both normal tax and surtax.</sidenote> allowed for the purposes of the normal tax and the surtax the following credits against net income:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Personal exemption</inline>.—</heading> <content class="inline">In the case of a single person, a<sidenote>Personal exemption.Single person.</sidenote> personal exemption of $1,000; or in the case of the head of a family or a married person living with husband or wife, a personal exemption of $2,500. A husband and wife living together shall<sidenote>Husband and wife living together.</sidenote> receive but one personal exemption. The amount of such personal exemption shall be $2,500. If such husband and wife make<sidenote>Separate returns.</sidenote> separate returns, the personal exemption may be taken by either or divided between them.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Credit for dependents</inline>.—</heading> <content class="inline">$400 for each person (other than<sidenote>Credit for dependents.</sidenote> husband or wife) dependent upon and receiving his chief support from the taxpayer if such dependent person is under eighteen years of age or is incapable of self-support because mentally or physically defective.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Change of status</inline>.—</heading> <content class="inline">If the status of the taxpayer, insofar<sidenote>Change of status during taxable year.</sidenote> as it affects the personal exemption or credit for dependents, changes during the taxable year, the personal exemption and credit shall be apportioned, under rules and regulations prescribed by the Commissioner with the approval of the Secretary, in accordance with the number of months before and after such change. For the purpose of such apportionment a fractional part of a month shall<sidenote>Apportionment.</sidenote> be disregarded unless it amounts to more than half a month in which case it shall be considered as a month.</content> </paragraph> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="26">SEC. 26. </num> <heading>CREDITS OF CORPORATION AGAINST NET INCOME.<sidenote>Credits allowed corporations.</sidenote></heading> <content>For the purpose only of the tax imposed by section 13 there shall<sidenote>Interest on United States securities.Ante, p. 692.</sidenote> be allowed as a credit against net income the amount received as interest upon obligations of the United States or of corporations organized under Act of Congress which is allowed to an individual as a credit for purposes of normal tax by section 25 (a) (2) or (3).</content> </section> </part> <part> <num value="III">Part III—</num> <heading>Credits Against Tax</heading><sidenote>CREDITS AGAINST TAX.</sidenote> <section class="indent0 firstIndent0 fontsize10"> <num value="31">SEC. 31. </num> <heading>TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF UNITED STATES.<sidenote>Taxes of foreign countries and U.S. possessions.</sidenote></heading> <content>The amount of income, war-profits, and excess-profits taxes imposed<sidenote>Extent of credit for.</sidenote> by foreign countries or possessions of the United States shall be allowed as a credit against the tax, to the extent provided in section<sidenote>Post, p. 718.</sidenote> 131.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="32">SEC. 32. </num> <heading>TAXES WITHHELD AT SOURCE.</heading> <content>The amount of tax withheld at the source under section 143 shall<sidenote>Taxes withheld at source.Post, p. 723.</sidenote> be allowed as a credit against the tax.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="33">SEC. 33. </num> <heading>CREDIT FOR OVERPAYMENTS.</heading> <content>For credit against the tax of overpayments of taxes imposed by this<sidenote>Overpayments.Post, p. 750.</sidenote> title for other taxable years, see section 322.</content> </section> <page identifier="/us/stat/48/694">694</page> </part> <part> <num value="IV">Part IV—</num> <heading>Accounting Periods and Methods of Accounting</heading><sidenote>INCOME TAX.ACCOUNTING PERIODS AND METHODS.</sidenote> <section class="indent0 firstIndent0 fontsize10"> <num value="41">SEC. 41. </num> <heading>GENERAL RULE.<sidenote>General rule.</sidenote></heading> <content>The net income shall be computed upon the basis of the taxpayer’s<sidenote>Net income on basis of annual accounting period.</sidenote> annual accounting period (fiscal year or calendar year, as the case may be) in accordance with the method of accounting regularly employed in keeping the books of such taxpayer; but if no such method of accounting has been so employed, or if the method employed does not clearly reflect the income, the computation shall be made in accordance with such method as in the opinion of the Commissioner does clearly reflect the income. If the taxpayer’s<sidenote>If accounting is other than fiscal year.Post, p. 696.</sidenote> annual accounting period is other than a fiscal year as defined in section 48 or if the taxpayer has no annual accounting period or does<sidenote>Inventories, p. 688.</sidenote> not keep books, the net income shall be computed on the basis of the calendar year. (For use of inventories, see section 22 (c).)</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="42">SEC. 42. </num> <heading>PERIOD IN WHICH ITEMS OF GROSS INCOME INCLUDED.<sidenote>Gross income.</sidenote></heading> <content>The amount of all items of gross income shall be included in the<sidenote>Items for taxable year in which received.</sidenote> gross income for the taxable year in which received by the taxpayer, unless, under methods of accounting permitted under section 41, any such amounts are to be properly accounted for as of a different period. In the case of the death of a taxpayer there shall be included<sidenote>Portion, in case of death.</sidenote> in computing net income for the taxable period in which falls the date of his death, amounts accrued up to the date of his death if not otherwise properly includible in respect of such period or a prior period.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="43">SEC. 43. </num> <heading>PERIOD FOR WHICH DEDUCTIONS AND CREDITS TAKEN.<sidenote>Deductions and credits.</sidenote></heading> <content>The deductions and credits provided for in this title shall be taken<sidenote>For taxable year in which “paid or accrued” or “paid or incurred.”</sidenote> for the taxable year in which “paid or accrued” or “paid or incurred”, dependent upon the method of accounting upon the basis of which the net income is computed, unless in order to clearly reflect the income the deductions or credits should be taken as of a different period. In the case of the death of a taxpayer there shall be allowed<sidenote>Allowance on death of taxpayer.</sidenote> as deductions and credits for the taxable period in which falls the date of his death, amounts accrued up to the date of his death if not otherwise properly allowable in respect of such period or a prior period.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="44">SEC. 44. </num> <heading>INSTALLMENT BASIS.<sidenote>Installment basis.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Dealers in Personal Property</inline>.—</heading> <content class="inline">Under regulations prescribed<sidenote>Dealers in personal property.</sidenote> by the Commissioner with the approval of the Secretary, a person who regularly sells or otherwise disposes of personal property on the installment plan may return as income therefrom in any taxable year that proportion of the installment payments actually received in that year which the gross profit realized or to be realized when payment is completed, bears to the total contract price.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Sales of Realty and Casual Sales of Personalty</inline>.—</heading> <content class="inline">In the<sidenote>Sales of realty and casual sales of personalty.</sidenote> case (1) of a casual sale or other casual disposition of personal property (other than property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year), for a price exceeding $1,000, or (2) of a sale or other disposition of real property, if in either case the initial payments do not exceed 30 per centum of the selling price (or, in case the sale or other disposition was in a taxable year beginning prior to January 1, 1934, the percentage of the selling price prescribed in the law applicable to such year), the income may, under regulations prescribed by the Commissioner with the approval of the Secretary, be returned on the basis and in the manner above prescribed in this <page identifier="/us/stat/48/695">695</page> section. As used in this section the term “initial payments” means<sidenote>INCOME TAX.ACCOUNTING PERIODS AND METHODS—Contd.</sidenote> the payments received in cash or property other than evidences of indebtedness of the purchaser during the taxable period in which the sale or other disposition is made.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Change from Accrual to Installment Basis</inline>.—</heading> <content class="inline">If a taxpayer<sidenote>Computation on change to installment basis.</sidenote> entitled to the benefits of subsection (a) elects for any taxable year to report his net income on the installment basis, then in computing his income for the year of change or any subsequent year, amounts actually received during any such year on account of sales or other dispositions of property made in any prior year shall not be excluded.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Gain or Loss upon Disposition of Installment Obligations</inline>.—</heading> <content class="inline"><sidenote>Gain or loss upon disposition of installment obligations.</sidenote>If an installment obligation is satisfied at other than its face value or distributed, transmitted, sold, or otherwise disposed of, gain or loss shall result to the extent of the difference between the basis of the obligation and (1) in the case of satisfaction at other than face value or a sale or exchange—the amount realized, or (2) in case of a distribution, transmission, or disposition otherwise than by sale or exchange—the fair market value of the obligation at the time of such distribution, transmission, or disposition. Any gain or loss so resulting shall be considered as resulting from the sale or exchange of the property in respect of which the installment obligation was received. The basis of the obligation shall be the excess of the face value of the obligation over an amount equal to the income which would be returnable were the obligation satisfied in full. This subsection shall not apply to the transmission at death<sidenote>Transmission at death of installment obligations.</sidenote> of installment obligations if there is filed with the Commissioner, at such time as he may by regulation prescribe, a bond in such amount and with such sureties as he may deem necessary, conditioned upon the return as income, by the person receiving any payment on such obligations, of the same proportion of such payment as would be returnable as income by the decedent if he had lived and had received such payment.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="45">SEC. 45. </num> <heading>ALLOCATION OF INCOME AND DEDUCTIONS.<sidenote>Allocation of income and deductions.</sidenote></heading> <content>In any case of two or more organizations, trades, or businesses<sidenote>Provisions, if same interests control two or more businesses.</sidenote> (whether or not incorporated, whether or not organized in the United States, and whether or not affiliated) owned or controlled directly or indirectly by the same interests, the Commissioner is authorized to distribute, apportion, or allocate gross income or deductions between or among such organizations, trades, or businesses, if he determines that such distribution, apportionment, or allocation is necessary in order to prevent evasion of taxes or clearly to reflect the income" of any of such organizations, trades, or businesses.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="46">SEC. 46. </num> <heading>CHANGE OF ACCOUNTING PERIOD.<sidenote>Change of accounting period.</sidenote></heading> <content>If a taxpayer changes his accounting period from fiscal year to<sidenote>Net income computed on basis of new period.</sidenote> calendar year, from calendar year to fiscal year, or from one fiscal year to another, the net income shall, with the approval of the Commissioner, be computed on the basis of such new accounting period, subject to the provisions of section 47.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="47">SEC. 47. </num> <heading>RETURNS FOR A PERIOD OF LESS THAN TWELVE MONTHS.<sidenote>Returns for less than a year.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Returns for Short Period Resulting from Change of Accounting Period</inline>.—</heading> <content class="inline"><sidenote>Basis of computing when accounting period changes.</sidenote>If a taxpayer, with the approval of the Commissioner, changes the basis of computing net income from fiscal year to calendar year a separate return shall be made for the period between the close of the last fiscal year for which return was made<page identifier="/us/stat/48/696">696</page> and the following December 31. If the change is from calendar<sidenote>INCOME TAX.ACCOUNTING PERIODS AND METHODS—Contd.</sidenote> year to fiscal year, a separate return shall be made for the period between the close of the last calendar year for which return was made and the date designated as the close of the fiscal year. If the change is from one fiscal year to another fiscal year a separate return shall be made for the period between the close of the former fiscal year and the date designated as the close of the new fiscal year.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Income Computed on Basis of Short Period</inline>.—</heading> <content class="inline">Where a separate<sidenote>Computation on basis of short period; where separate return made.</sidenote> return is made under subsection (a) on account of a change in the accounting period, and in all other cases where a separate return is required or permitted, by regulations prescribed by the Commissioner with the approval of the Secretary, to be made for a fractional part of a year, then the income shall be computed on the basis of the period for which separate return is made.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Income Placed on Annual Basis</inline>.—</heading> <content class="inline">If a separate return is<sidenote>Income placed on annual basis.</sidenote> made under subsection (a) on account of a change in the accounting period, the net income, computed on the basis of the period for which separate return is made, shall be placed on an annual basis by multiplying the amount thereof by twelve and dividing by the number of months included in the period for which the separate return is made. The tax shall be such part of the tax computed on such annual basis as the number of months in such period is of twelve months.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Earned Income</inline>.—</heading> <content class="inline">The Commissioner with the approval of<sidenote>Computing earned income.</sidenote> the Secretary shall by regulations prescribe the method of applying the provisions of subsections (b) and (c) (relating to computing income on the basis of a short period, and placing such income on an annual basis) to cases where the taxpayer makes a separate return under subsection (a) on account of a change in the accounting period, and it appears that for the period for which the return is so made he has received earned income.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Reduction of Credits Against Net Income</inline>.—</heading> <content class="inline">In the case of<sidenote>Reduction of personal credits for fractions of a year.</sidenote> a return made for a fractional part of a year, except a return made under subsection (a), on account of a change in the accounting period, the personal exemption and credit for dependents shall be reduced respectively to amounts which bear the same ratio to the full credits provided as the number of months in the period for which return is made bears to twelve months.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Closing of Taxable Year in Case of Jeopardy</inline>.—</heading> <content class="inline">For closing<sidenote>Taxable year in case of jeopardy.Post, p. 725.</sidenote> of taxable year in case of jeopardy, see section 146.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="48">SEC. 48. </num> <heading>DEFINITIONS.<sidenote>Definitions.</sidenote></heading> <chapeau class="indent0 firstIndent1 fontsize10">When used in this title—</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Taxable Year</inline>.—</heading> <content class="inline">“Taxable year” means the calendar year,<sidenote>Taxable year.</sidenote> or the fiscal year ending during such calendar year, upon the basis of which the net income is computed under this Part. “Taxable year” includes, in the case of a return made for a fractional part of a year under the provisions of this title or under regulations prescribed by the Commissioner with the approval of the Secretary, the period for which such return is made.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Fiscal Year</inline>.—</heading> <content class="inline">“Fiscal year” means an accounting period of<sidenote>Fiscal year.</sidenote> twelve months ending on the last day of any month other than December.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Paid , Incurred , Accrued</inline>.—</heading> <content class="inline">The terms “paid or incurred”<sidenote>“Paid or incurred” and “paid or accrued.”</sidenote> and “paid or accrued” shall be construed according to the method of accounting upon the basis of which the net income is computed under this Part.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Trade or Business</inline>.—</heading> <content class="inline">The term “trade or business” includes<sidenote>Trade or business.</sidenote> the performance of the functions of a public office.</content> </subsection> </section> </part> <page identifier="/us/stat/48/697">697</page> <part> <num value="V">Part V—</num> <heading>Returns and Payment of Tax</heading><sidenote>INCOME TAX.RETURNS AND PAYMENT.</sidenote> <section class="indent0 firstIndent0 fontsize10"> <num value="51">SEC. 51. </num> <heading>INDIVIDUAL RETURNS.<sidenote>Individual returns.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Requirement</inline>.—</heading> <chapeau>The following individuals shall each make<sidenote>Requirement.</sidenote> under oath a return stating specifically the items of his gross income and the deductions and credits allowed under this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Every individual having a net income for the taxable year<sidenote>Net income $1,000 or over, if single, etc.</sidenote> of $1,000 or over, if single, or if married and not living with husband or wife;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Every individual having a net income for the taxable year<sidenote>Net income $2,500 or over, if married and living with husband or wife.</sidenote> of $2,500 or over, if married and living with husband or wife; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Every individual having a gross income for the taxable<sidenote>Gross income $5,000 or over.</sidenote> year of $5,000 or over, regardless of the amount of his net income.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Husband and Wife</inline>.—</heading> <chapeau class="inline">If a husband and wife living together<sidenote>Husband and wife living together.</sidenote> have an aggregate net income for the taxable year of $2,500 or over, or an aggregate gross income for such year of $5,000 or over—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Each shall make such a return, or<sidenote>Separate return.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The income of each shall be included in a single joint return,<sidenote>Joint.</sidenote> in which case the tax shall be computed on the aggregate income.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Persons Under Disability</inline>.—</heading> <content class="inline">If the taxpayer is unable to make<sidenote>Persons under disability.By agent.</sidenote> his own return, the return shall be made by a duly authorized agent or by the guardian or other person charged with the care of the person or property of such taxpayer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Fiduciaries</inline>.—</heading> <content class="inline">For returns to be made by fiduciaries, see<sidenote>Fiduciaries.Post, p. 722.</sidenote> section 142.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="52">SEC. 52. </num> <heading>CORPORATION RETURNS.<sidenote>Corporation returns.</sidenote></heading> <content>Every corporation subject to taxation under this title shall make<sidenote>Requirement for making.</sidenote> a return, stating specifically the items of its gross income and the deductions and credits allowed by this title. The return shall be sworn to by the president, vice president, or other principal officer and by the treasurer, assistant treasurer, or chief accounting officer. In cases where receivers, trustees in bankruptcy, or assignees are<sidenote>Receivers, trustees, etc.</sidenote> operating the property or business of corporations, such receivers, trustees, or assignees shall make returns for such corporations in the same manner and form as corporations are required to make returns. Any tax due on the basis of such returns made by receivers,<sidenote>Tax collection.</sidenote> trustees, or assignees shall be collected in the same manner as if collected from the corporations of whose business or property they have custody and control.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="53">SEC. 53. </num> <heading>TIME AND PLACE FOR FILING RETURNS.<sidenote>Filing returns.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Time for Filing</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading> <content class="inline">Returns made on the basis of the calendar<sidenote>Time designated.</sidenote> year shall be made on or before the 15th day of March following the close of the calendar year. Returns made on the basis of a fiscal year shall be made on or before the 15th day of the third month following the close of the fiscal year.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Extension of time</inline>.—</heading> <content class="inline">The Commissioner may grant a reasonable<sidenote>Extension permitted.</sidenote> extension of time for filing returns, under such rules and regulations as he shall prescribe with the approval of the Secretary.<sidenote>Limitation.</sidenote> Except in the case of taxpayers who are abroad, no such extension shall be for more than six months.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">To Whom Return Made</inline>.—</heading><sidenote>To whom made. Individuals.</sidenote> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Individuals</inline>.—</heading> <content class="inline">Returns (other than corporation returns) shall be made to the collector for the district in which is located the legal residence or principal place of business of the person making the return, or, if he has no legal residence or principal<page identifier="/us/stat/48/698">698</page> place of business in the United States, then to the collector at<sidenote>INCOME TAX.RETURNS AND PAYMENT—Contd.</sidenote> Baltimore, Maryland.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Corporations</inline>.—</heading> <content class="inline">Returns of corporations shall be made to<sidenote>Corporations.</sidenote> the collector of the district in which is located the principal place of business or principal office or agency of the corporation, or, if it has no principal place of business or principal office or agency in the United States, then to the collector at Baltimore, Maryland.</content> </paragraph> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="54">SEC. 54. </num> <heading>RECORDS AND SPECIAL RETURNS.<sidenote>Records and special returns.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">By Taxpayer</inline>.—</heading> <content class="inline">Every person liable to any tax imposed by this<sidenote>Required of taxpayer.</sidenote> title or for the collection thereof, shall keep such records, render under oath such statements, make such returns, and comply with such rules and regulations, as the Commissioner, with the approval of the Secretary, may from time to time prescribe.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">To Determine Liability to Tax</inline>.—</heading> <content class="inline">Whenever in the judgment<sidenote>Statement to determine liability to tax.</sidenote> of the Commissioner necessary he may require any person, by notice served upon him, to make a return, render under oath such statements, or keep such records, as the Commissioner deems sufficient to show whether or not such person is liable to tax under this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Information at the Source</inline>.—</heading> <content class="inline">For requirement of statements<sidenote>Information at source.Post, p. 726.</sidenote> and returns by one person to assist in determining the tax liability of another person, see sections 147 to 150.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="55">SEC. 55. </num> <heading>PUBLICITY OF RETURNS.<sidenote>Publicity of returns.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Returns made under this title shall be open to inspection in the same manner, to the same extent, and subject to the same provisions<sidenote>Vol. 44, p. 51.</sidenote> of law, including penalties, as returns made under Title II of the Revenue Act of 1926; and all returns made under this Act<sidenote>Returns to constitute public records.</sidenote> shall constitute public records and shall be open to public examination and inspection to such extent as shall be authorized in rules and regulations promulgated by the President.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Every person required to file an income return shall file with<sidenote>Items to be covered.</sidenote> his return, upon a form prescribed by the Commissioner, a correct statement of the following items shown upon the return: (1) name and address, (2) total gross income, (3) total deductions, (4) net income, (5) total credits against net income for purposes of normal tax, and (6) tax payable. In case of any failure to file with the return the statement required by this subsection, the collector shall prepare it from the return, and $5 shall be added to the tax. The amount so added to the tax shall be. collected at the same time and in the same manner as amounts added under section 291. Such statements or copies thereof shall as soon as practicable be made available to public examination and inspection in such manner as the Commissioner, with the approval of the Secretary, may determine, in the office of the collector with which they are filed, for a period of not less than three years from the date they are required to be filed.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="56">SEC. 56. </num> <heading>PAYMENT OF TAX.<sidenote>Payment of tax.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Time of Payment</inline>.—</heading> <content class="inline">The total amount of tax imposed by<sidenote>Time designated.</sidenote> this title shall be paid on the fifteenth day of March following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on the fifteenth day of the third month following the close of the fiscal year.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Installment Payments</inline>.—</heading> <content class="inline">The taxpayer may elect to pay the<sidenote>Allowed, in four installments.</sidenote> tax in four equal installments, in which case the first installment shall be paid on the date prescribed for the payment of the tax by the taxpayer, the second installment shall be paid on the fifteenth<page identifier="/us/stat/48/699">699</page> day of the third month, the third installment on the fifteenth day<sidenote>INCOME TAX.RETURNS AND PAYMENT—Contd.</sidenote> of the sixth month, and the fourth installment on the fifteenth day of the ninth month, after such date. If any installment is not paid<sidenote>Whole amount, on default.</sidenote> on or before the date fixed for its payment, the whole amount of the tax unpaid shall be paid upon notice and demand from the collector.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Extension of Time for Payment</inline>.—</heading> <content class="inline">At the request of the taxpayer,<sidenote>Extending time upon request.</sidenote> the Commissioner may extend the time for payment of the amount determined as the tax by the taxpayer, or any installment thereof, for a period not to exceed six months from the date prescribed for the payment of the tax or an installment thereof. In<sidenote>Payment on expiration.</sidenote> such case the amount in respect of which the extension is granted shall be paid on or before the date of the expiration of the period of the extension.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Voluntary Advance Payment</inline>.—</heading> <content class="inline">A tax imposed by this title,<sidenote>Voluntary advance payment.</sidenote> or any installment thereof, may be paid, at the election of the taxpayer, prior to the date prescribed for its payment.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Advance Payment in Case of Jeopardy</inline>.—</heading> <content class="inline">For advance payment in case of jeopardy, see section 146.<sidenote>Jeopardy payment.Post, p. 725.</sidenote> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Tax Withheld at Source</inline>.—</heading> <content class="inline">For requirement of withholding<sidenote>Tax withheld at source.Post, p. 723.</sidenote> tax at the source in the case of nonresident aliens and foreign corporations, and in the case of so-called “tax-free covenant bonds”, see sections 143 and 144.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Fractional Parts of Cent</inline>.—</heading> <content class="inline">In the payment of any tax<sidenote>Fractions of cent disregarded.</sidenote> under this title a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <heading><inline class="smallCaps">Receipts</inline>.—</heading> <content class="inline">Every collector to whom any payment of any<sidenote>Receipt on request.</sidenote> income tax is made shall upon request give to the person making such payment a full written or printed receipt therefor.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="57">SEC. 57. </num> <heading>EXAMINATION OF RETURN AND DETERMINATION OF TAX.<sidenote>Return and determination of tax.</sidenote></heading> <content>As soon as practicable after the return is filed the Commissioner<sidenote>Examination of.</sidenote> shall examine it and shall determine the correct amount of the tax.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="58">SEC. 58. </num> <heading>ADDITIONS TO TAX AND PENALTIES.<sidenote>Additions to tax and penalties.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">For additions to the tax in case of negligence or fraud in the<sidenote>Negligence, etc.Post, p. 746.</sidenote> nonpayment of tax or failure to file return therefor, see Supplement M.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">For criminal penalties for nonpayment of tax or failure to<sidenote>Criminal penalties, p. 724.</sidenote> file return therefor, see section 145.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="59">SEC. 59. </num> <heading>ADMINISTRATIVE PROCEEDINGS.<sidenote>Administrative proceedings.</sidenote></heading> <chapeau class="indent0 firstIndent1 fontsize10">For administrative proceedings in respect of the nonpayment or<sidenote>Nonpayments, or overpayments.</sidenote> overpayment of a tax imposed by this title, see as follows:</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Supplement L, relating to assessment and collection of<sidenote>Deficiencies, p. 740.</sidenote> deficiencies.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Supplement M, relating to interest and additions to tax.<sidenote>Interest and additions, p. 746.</sidenote> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Supplement N, relating to claims against transferees and<sidenote>Transferees and fiduciaries, p. 748.</sidenote> fiduciaries.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Supplement O, relating to overpayments.<sidenote>Overpayments, p. 750.</sidenote> </content> </subsection> </section> </part> <part> <num value="VI">Part VI—</num> <heading>Miscellaneous Provisions</heading><sidenote>MISCELLANEOUS PROVISIONS.</sidenote> <section class="indent0 firstIndent0 fontsize10"> <num value="61">SEC. 61. </num> <heading>LAWS MADE APPLICABLE.<sidenote>Laws made applicable.</sidenote></heading> <content>All administrative, special, or stamp provisions of law, including<sidenote>Administrative, etc., provisions extended to.</sidenote> the law relating to the assessment of taxes, so far as applicable, are hereby extended to and made a part of this title.</content> </section> <page identifier="/us/stat/48/700">700</page> <section class="indent0 firstIndent0 fontsize10"> <num value="62">SEC. 62. </num> <heading>RULES AND REGULATIONS.<sidenote>INCOME TAX.MISCELLANEOUS PROVISIONS—Contd.</sidenote></heading> <content>The Commissioner, with the approval of the Secretary, shall prescribe<sidenote>Rules and regulations to be prescribed.</sidenote> and publish all needful rules and regulations for the enforcement of this title.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="63">SEC. 63. </num> <heading>TAXES IN LIEU OF TAXES UNDER 1932 ACT.<sidenote>Taxes in lieu of 1932 Act.</sidenote></heading> <content>The taxes imposed by this title shall be in lieu of the corresponding taxes imposed by the Revenue Act of 1932.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="64">SEC. 64. </num> <heading>SHORT TITLE.<sidenote>Short title.</sidenote></heading> <content>This title may be cited as the “<shortTitle role="act">Income Tax Act of 1934.</shortTitle> ”<sidenote>“Income Tax Act of 1934.”</sidenote> </content> </section> </part> </subtitle> <subtitle> <heading>SUBTITLE C—SUPPLEMENTAL PROVISIONS<sidenote>SUPPLEMENTAL PROVISIONS.</sidenote></heading> <level> <num class="centered" value="A">Supplement A—</num> <heading class="inline">Rates of Tax<sidenote>RATES OF TAX.</sidenote></heading> <subheading class="centered">[Supplementary to Subtitle B, Part I]</subheading> <section class="indent0 firstIndent0 fontsize10"> <num value="101">SEC. 101. </num> <heading>EXEMPTIONS FROM TAX ON CORPORATIONS.<sidenote>Exemptions from tax on corporations.</sidenote></heading> <chapeau class="indent0 firstIndent1 fontsize10">The following organizations shall be exempt from taxation under this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Labor, agricultural, or horticultural organizations;<sidenote>Labor, agricultural, etc.</sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Mutual savings banks not having a capital stock represented<sidenote>Mutual savings banks.</sidenote> by shares;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Fraternal beneficiary societies, orders, or associations, (A)<sidenote>Fraternal beneficiary societies, etc.</sidenote> operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system; and (B) providing for the payment of life, sick, accident, or other benefits to the members of such society, order, or association or their dependents;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Domestic building and loan associations substantially all<sidenote>Domestic building and loan associations.</sidenote> the business of which is confined to making loans to members; and cooperative banks without capital stock organized and operated for mutual purposes and without profit;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Cemetery companies owned and operated exclusively for<sidenote>Mutual cemetery companies.</sidenote> the benefit of their members or which are not operated for profit; and any corporation chartered solely for burial purposes as a cemetery corporation and not permitted by its charter to engage in any business not necessarily incident to that purpose, no part of the net earnings of which inures to the benefit of any private shareholder or individual;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Corporations, and any community chest, fund, or foundation,<sidenote>Corporations, community chests, religious foundations, etc.</sidenote> organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">Business leagues, chambers of commerce, real-estate boards,<sidenote>Business leagues, etc.</sidenote> or boards of trade, not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">Civic leagues or organizations not organized for profit but<sidenote>Civic leagues, employees’ associations, etc.</sidenote> operated exclusively for the promotion of social welfare, or local associations of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, and the net earnings of which are devoted exclusively to charitable, educational, or recreational purposes;</content> </paragraph> <page identifier="/us/stat/48/701">701</page> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">Clubs organized and operated exclusively for pleasure,<sidenote>INCOME TAX.RATES OF TAX—Contd.</sidenote> recreation, and other nonprofitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder;<sidenote>Pleasure, etc., clubs.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">Benevolent life insurance associations of a purely local<sidenote>Local life insurance, mutual ditch, etc., companies.</sidenote> character, mutual ditch or irrigation companies, mutual or cooperative telephone companies, or like organizations; but only if 85 per centum or more of the income consists of amounts collected from members for the sole purpose of meeting losses and expenses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content class="inline">Farmers’ or other mutual hail, cyclone, casualty, or fire<sidenote>Farmers’ mutual casualty insurance companies.</sidenote> insurance companies or associations (including inter insurers and reciprocal underwriters) the income of which is used or held for the purpose of paying losses or expenses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content class="inline">Farmers’, fruit growers’, or like associations organized<sidenote>Farmers’ cooperative associations.</sidenote> and operated on a cooperative basis (a) for the purpose of marketing the products of members or other producers, and turning back to them the proceeds of sales, less the necessary marketing expenses, on the basis of either the quantity or the value of the products furnished by them, or (b) for the purpose of purchasing supplies and equipment for the use of members or other persons, and turning over such supplies and equipment to them at actual cost, plus necessary expenses. Exemption shall not be denied any such association because it has capital stock, if the dividend rate of such stock is fixed at not to exceed the legal rate of interest in the State of incorporation or 8 per centum per annum, whichever is greater, on the value of the consideration for which the stock was issued, and if substantially all such stock (other than nonvoting preferred stock, the owners of which are not entitled or permitted to participate, directly or indirectly, in the profits of the association, upon dissolution or otherwise, beyond the fixed dividends) is owned by producers who market their products or purchase their supplies and equipment through the association; nor shall exemption be denied any such association because there is accumulated and maintained by it a reserve required by State law or a reasonable reserve for any necessary purpose. Such an<sidenote>Marketing products of nonmembers and making purchases for.</sidenote> association may market the products of nonmembers in an amount the value of which does not exceed the value of the products marketed for members, and may purchase supplies and equipment<sidenote>Limit.</sidenote> for nonmembers in an amount the value of which does not exceed the value of the supplies and equipment purchased for members, provided the value of the purchases made for persons who are neither members nor producers does not exceed 15 per centum of the value of all its purchases. Business done for the United<sidenote>Federal business disregarded.</sidenote> States or any of its agencies shall be disregarded in determining the right to exemption under this paragraph;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content class="inline">Corporations organized by an association exempt under<sidenote>Exempt corporations financing crop operations of members.</sidenote> the provisions of paragraph (12), or members thereof, for the purpose of financing the ordinary crop operations of such members or other producers, and operated in conjunction with such association. Exemption shall not be denied any such corporation because it has capital stock, if the dividend rate of such stock is fixed at not to exceed the legal rate of interest in the State of incorporation or 8 per centum per annum, whichever is greater, on the value of the consideration for which the stock was issued, and if substantially all such stock (other than nonvoting preferred stock, the owners of which are not entitled or permitted to participate, directly or indirectly, in the profits of the corporation, upon dissolution or otherwise, beyond the fixed dividends) is owned by such association, or members thereof; nor shall exemption be<page identifier="/us/stat/48/702">702</page> denied any such corporation because there is accumulated and<sidenote>INCOME TAX.RATES OF TAX—Contd.</sidenote> maintained by it a reserve required by State law or a reasonable reserve for any necessary purpose;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content class="inline">Corporations organized for the exclusive purpose of<sidenote>Corporations as trustees for exempted organizations.</sidenote> holding title to property, collecting income therefrom, and turning over the entire amount thereof, less expenses, to an organization which itself is exempt from the tax imposed by this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content class="inline">Corporations organized under Act of Congress, if such<sidenote>Corporations if instrumentalities of United States.</sidenote> corporations are instrumentalities of the United States and if, under such Act, as amended and supplemented, such corporations are exempt from Federal income taxes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content class="inline">Voluntary employees’ beneficiary associations providing<sidenote>Voluntary employees’ beneficiary associations.</sidenote> for the payment of life, sick, accident, or other benefits to the members of such association or their dependents, if (A) no part of their net earnings inures (other than through such payments) to the benefit of any private shareholder or individual, and (B) 85 per centum or more of the income consists of amounts collected from members for the sole purpose of making such payments and meeting expenses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content class="inline">Teachers’ retirement fund associations of a purely local<sidenote>Local teachers’ retirement fund associations.</sidenote> character, if (A) no part of their net earnings inures (other than through payment of retirement benefits) to the benefit of any private shareholder or individual, and (B) the income consists solely of amounts received from public taxation, amounts received from assessments upon the teaching salaries of members, and income in respect of investments.</content> </paragraph> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="102">SEC. 102. </num> <heading>SURTAX ON CORPORATIONS IMPROPERLY ACCUMULATING SURPLUS.<sidenote>Surtax on corporations improperly accumulating surplus.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Imposition of Tax</inline>.—</heading> <chapeau class="inline">There shall be levied, collected, and<sidenote>Tax imposed.</sidenote> paid for each taxable year upon the adjusted net income of every corporation (other than a personal holding company as defined in<sidenote>Post, p. 751.</sidenote> section 351) if such corporation, however created or organized, is formed or availed of for the purpose of preventing the imposition of the surtax upon its shareholders or the shareholders of any other corporation, through the medium of permitting gains and profits to accumulate instead of being divided or distributed, a surtax<sidenote>Surtax rates.</sidenote> equal to the sum of the following:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">25 per centum of the amount of the adjusted net income not in excess of $100,000, plus</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">35 per centum of the amount of the adjusted net income in excess of $100,000.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Prima Facie Evidence</inline>.—</heading> <content class="inline">The fact that any corporation is a<sidenote>Evidence of purpose of evasion.</sidenote> mere holding or investment company, or that the gains or profits are permitted to accumulate beyond the reasonable needs of the business, shall be prima facie evidence of a purpose to avoid surtax.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Definition of “Adjusted Net Income”</inline>.—</heading> <content class="inline">As used in this<sidenote>Definition of “adjusted net income.”</sidenote> section, the term “adjusted net income” means the net income computed without the allowance of the dividend deduction otherwise allowable, but diminished by the amount of dividends paid during the taxable year.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Payment of Surtax on Pro Rata Shares</inline>.—</heading> <content class="inline">The tax imposed<sidenote>Surtax on pro rata shares.</sidenote> by this section shall not apply if all the shareholders of the corporation include (at the time of filing their returns) in their gross income their entire pro rata shares, whether distributed or not, of the “adjusted net income” of the corporation for such year. Any amount so included in the gross income of a shareholder shall be<page identifier="/us/stat/48/703">703</page> treated as a dividend received. Any subsequent distribution made<sidenote>INCOME TAX.RATE S OF TAX—Contd.</sidenote> by the corporation out of earnings or profits for such taxable year shall, if distributed to any shareholder who has so included in his<sidenote>Subsequent distribution.</sidenote> gross income his pro rata share, be exempt from tax in the amount of the share so included.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Tax on Personal Holding Companies</inline>.—</heading> <content class="inline">For surtax on<sidenote>Personal holding companies.Post, p. 751.</sidenote> personal holding companies, see section 351.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="103">SEC. 103. </num> <heading>RATES OF TAX ON CITIZENS AND CORPORATIONS OF CERTAIN FOREIGN COUNTRIES.<sidenote>Discriminatory or extraterritorial taxes.</sidenote></heading> <content>Whenever the President finds that, under the laws of any foreign<sidenote>Rates when citizens are subjected by foreign countries to.</sidenote> country, citizens or corporations of the United States are being subjected to discriminatory or extraterritorial taxes, the President<sidenote>Ante, p. 6S4.</sidenote> shall so proclaim and the rates of tax imposed by sections 11, 12, 13, 201(b), and 204(a) snail, for the taxable year during which such proclamation is made and for each taxable year thereafter, be doubled in the case of each citizen and corporation of such foreign country; but the tax at such doubled rate shall be considered as imposed by section 11, 12, 13, 201(b), or 204(a), as the case may be. In no case shall this section operate to increase the<sidenote>Limitation.Post, pp., 731, 733.</sidenote> taxes imposed by such sections (computed without regard to this section) to an amount in excess of 80 per centum of the net income of the taxpayer. Whenever the President finds that the laws of<sidenote>When foreign laws modified.</sidenote> any foreign country with respect to which the President has made a proclamation under the preceding provisions of this section have been modified so that discriminatory and extraterritorial taxes applicable to citizens and corporations of the United States have been removed, he shall so proclaim, and the provisions of this section providing for doubled rates of tax shall not apply to any citizen or corporation of such foreign country with respect to any taxable year beginning after such proclamation is made.</content> </section> </level> <level> <num class="centered" value="B">Supplement B—</num> <heading class="inline">Computation of Net Income<sidenote>COMPUTATION OF NET INCOME.</sidenote></heading> <subheading class="centered">[Supplementary to Subtitle B, Part II]</subheading> <section class="indent0 firstIndent0 fontsize10"> <num value="111">SEC. 111. </num> <heading>DETERMINATION OF AMOUNT OF, AND RECOGNITION OF, GAIN OR LOSS.<sidenote>Gain or loss.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Computation of Gain or Loss</inline>.—</heading> <content class="inline">The gain from the sale or<sidenote>Basis for determining, on disposal of property.Post, p. 709.</sidenote> other disposition of property shall be the excess of the amount realized therefrom over the adjusted basis provided in section 113(b) for determining gain, and the loss shall be the excess of the adjusted<sidenote>Adjusted basis.</sidenote> basis provided in such section for determining loss over the amount realized.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Amount Realized</inline>.—</heading> <content class="inline">The amount realized from the sale or<sidenote>Computation of sums from disposition of property.</sidenote> other disposition of property shall be the sum of any money received plus the fair market value of the property (other than money) received.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Recognition of Gain or Loss</inline>.—</heading> <content class="inline">In the case of a sale or<sidenote>Recognition of gain or loss.</sidenote> exchange, the extent to which the gain or loss determined under this section shall be recognized for the purposes of this title, shall be determined under the provisions of section 112.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Installment Sales</inline>.—</heading> <content class="inline">Nothing in this section shall be construed<sidenote>Installment sales taxable.</sidenote> to prevent (in the case of property sold under contract providing for payment in installments) the taxation of that portion of any installment payment representing gain or profit in the year in which such payment is received.</content> </subsection> </section> <page identifier="/us/stat/48/704">704</page> <section class="indent0 firstIndent0 fontsize10"> <num value="112">SEC. 112. </num> <heading>RECOGNITION OF GAIN OR LOSS.<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <content class="inline">Upon, the sale or exchange of property the<sidenote>Entire amount recognized. Exceptions.</sidenote> entire amount of the gain or loss, determined under section 111, shall be recognized, except as hereinafter provided in this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Exchanges Solely in Kind</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Property held for productive use or investment</inline>.—</heading> <content class="inline">No gain<sidenote>No gain or loss on exchanging for similar uses.</sidenote> or loss shall be recognized if property held for productive use in trade or business or for investment (not including stock in trade or other property held primarily for sale, nor stocks, bonds, notes, choses in action, certificates of trust or beneficial interest, or other securities or evidences of indebtedness or interest) is exchanged solely for property of a like kind to be held either for productive use in trade or business or for investment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Stock for stock of same corporation</inline>.—</heading> <content class="inline">No gain or loss shall<sidenote>Stock for stock of same corporation.</sidenote> be recognized if common stock in a corporation is exchanged solely for common stock in the same corporation, or if preferred stock in a corporation is exchanged solely for preferred stock in the same corporation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Stock for stock on reorganization</inline>.—</heading> <content class="inline">No gain or loss shall<sidenote>Stock for stock on reorganization.</sidenote> be recognized if stock or securities in a corporation a party to a reorganization are, in pursuance of the plan of reorganization, exchanged solely for stock or securities in such corporation or in another corporation a party to the reorganization.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Same—Gain of corporation</inline>.—</heading> <content class="inline">No gain or loss shall be<sidenote>Property for stock of party to reorganization.</sidenote> recognized if a corporation a party to a reorganization exchanges property, in pursuance of the plan of reorganization, solely for stock or securities in another corporation a party to the reorganization.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Transfer to corporation controlled by transferor</inline>.—</heading> <content class="inline">No<sidenote>Transfers for stock of corporation under same control.</sidenote> gain or loss shall be recognized if property is transferred to a corporation by one or more persons solely in exchange for stock or securities in such corporation, and immediately after the exchange such person or persons are in control of the corporation; but in the<sidenote>Limitation.</sidenote> case of an exchange by two or more persons this paragraph shall apply only if the amount of the stock and securities received by each is substantially in proportion to his interest in the property prior to the exchange.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) <sidenote>Gain from exchanges not solely in kind.</sidenote></num> <heading><inline class="smallCaps">Gain from Exchanges not Solely in Kind</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">If an exchange would be within the provisions of subsection<sidenote>Recognition of.</sidenote> (b) (1), (2), (3), or (5) of this section if it were not for the fact that the property received in exchange consists not only of property permitted by such paragraph to be received without the recognition of gain, but also of other property or money, then the gain, if any, to the recipient shall be recognized, but in an amount not in excess of the sum of such money and the fair market value of such other property.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If a distribution made in pursuance of a plan of reorganization<sidenote>Reorganization distribution construed as a taxable dividend.</sidenote> is within the provisions of paragraph (1) of this subsection but has the effect of the distribution of a taxable dividend, then there shall be taxed as a dividend to each distributee such an amount of the gain recognized under paragraph (1) as is not in<sidenote>Accumulations after February 1913.</sidenote> excess of his ratable share of the undistributed earnings and profits of the corporation accumulated after February 28, 1913. The<sidenote>Tax on gain from property exchange.</sidenote> remainder, if any, of the gain recognized under paragraph (1) shall be taxed as a gain from the exchange of property.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Same—Gain of Corporation</inline>.—</heading> <chapeau class="inline">If an exchange would be<sidenote>Gain of corporation.</sidenote> within the provisions of subsection (b) (4) of this section if it were not for the fact that the property received in exchange consists not<page identifier="/us/stat/48/705">705</page> only of stock or securities permitted by such paragraph to be received<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> without the recognition of gain, but also of other property or money, then—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">If the corporation receiving such other property or money<sidenote>No gain if distributed on reorganization.</sidenote> distributes it in pursuance of the plan of reorganization, no gain to the corporation shall be recognized from the exchange, but</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If the corporation receiving such other property or money<sidenote>Gain recognized.</sidenote> does not distribute it in pursuance of the plan of reorganization, the gain, if any, to the corporation shall be recognized, but in an amount not in excess of the sum of such money and the fair market value of such other property so received, which is not so distributed.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Loss from Exchanges Not Solely in Kind</inline>.—</heading> <content class="inline">If an exchange<sidenote>Loss from exchanges not solely in kind.</sidenote> would be within the provisions of subsection (b)(1) to (5), inclusive. of this section if it were not for the fact that the property received in exchange consists not only of property permitted by such paragraph to be received without the recognition of gain or loss, but also of other property or money, then no loss from the exchange shall be recognized.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Involuntary Conversions</inline>.—</heading> <content class="inline">If property (as a result of its<sidenote>Involuntary conversions.</sidenote> destruction in whole or in part, theft or seizure, or an exercise of the power of requisition or condemnation, or the threat or imminence<sidenote>No gain or loss, if involuntarily converted into similar property, etc.</sidenote> thereof) is compulsorily or involuntarily converted into property similar or related in service or use to the property so converted, or into money which is forthwith in good faith, under regulations prescribed by the Commissioner with the approval of the Secretary, expended in the acquisition of other property similar or related in service or use to the property so converted, or in the acquisition of control of a corporation owning such other property, or in the establishment of a replacement fund, no gain or loss shall be recognized.<sidenote>Gain recognized on part not used.</sidenote> If any part of the money is not so expended, the gain, if any, shall be recognized, but in an amount not in excess of the money which is not so expended.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Definition of Reorganization</inline>.—</heading> <chapeau class="inline">As used in this section and<sidenote>Reorganization.</sidenote> section 113—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The term “reorganization” means (A) a statutory merger<sidenote>Definition of.</sidenote> or consolidation, or (B) the acquisition by one corporation in exchange solely for all or a part of its voting stock: of at least 80 per centum of the voting stock and at least 80 per centum of the total number of shares of all other classes of stock of another corporation; or of substantially all the properties of another corporation, or (C) a transfer by a corporation of all or a part of its assets to another corporation if immediately after the transfer the transferor or its stockholders or both are in control of the corporation to which the assets are transferred, or (D) a recapitalization, or (E) a mere change in identity, form, or place of organization, however effected.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The term “a party to a reorganization” includes a corporation<sidenote>“Party to a reorganization”.</sidenote> resulting from a reorganization and includes both corporations in the case of a reorganization resulting from the acquisition by one corporation of stock or properties of another.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <heading><inline class="smallCaps">Definition of Control</inline>.—</heading> <content class="inline">As used in this section the term<sidenote>“Control” defined.</sidenote> “control” means the ownership of at least 80 per centum of the voting stock and at least 80 per centum of the total number of shares of all other classes of stock of the corporation.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Foreign Corporations</inline>.—</heading> <content class="inline">In determining the extent to which<sidenote>Foreign corporations.</sidenote> gain shall be recognized in the case of any of the exchanges (made<sidenote>Not recognized if purpose is to evade Federal income taxes.</sidenote> after the date of the enactment of this Act) described in subsection (b) (3), (4), or (5), or described in so much of subsection (c) as<page identifier="/us/stat/48/706">706</page> refers to subsection (b) (3) or (5), or described in subsection (d),<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> a foreign corporation shall not be considered as a corporation unless, prior to such exchange, it has been established to the satisfaction of the Commissioner that such exchange is not in pursuance of a plan having as one of its principal purposes the avoidance of Federal income taxes.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="113">SEC. 113. </num> <heading>ADJUSTED BASIS FOR DETERMINING GAIN OR LOSS.<sidenote>Basis for determining gain or loss.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Basis (Unadjusted) of Property</inline>.—</heading> <chapeau class="inline">The basis of property<sidenote>Cost value; exceptions.</sidenote> shall be the cost of such property; except that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Inventory value</inline>.—</heading> <content class="inline">If the property should have been<sidenote>Inventory value.</sidenote> included in the last inventory, the basis shall be the last inventory value thereof.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Gifts after December 31, 1920</inline>.—</heading> <content class="inline">If the property was<sidenote>Gifts after December 1920.</sidenote> acquired by gift after December 31, 1920, the basis shall be the same as it would be in the hands of the donor or the last preceding owner by whom it was not acquired by gift, except that for the purpose of determining loss the basis shall be the basis so determined or the fair market value of the property at the time of the gift, whichever is lower. If the facts necessary to<sidenote>Determination.</sidenote> determine the basis in the hands of the donor or the last preceding owner are unknown to the donee, the Commissioner shall, if possible, obtain such facts from such donor or last preceding owner, or any other person cognizant thereof. If the Commissioner finds it impossible to obtain such facts, the basis in the hands of such donor or last preceding owner shall be the fair<sidenote>Fair market value.</sidenote> market value of such property as found by the Commissioner as of the date or approximate date at which, according to the best information that the Commissioner is able to obtain, such property was acquired by such donor or last preceding owner.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Transfer in trust after December 31, 1920</inline>.—</heading> <content class="inline">If the property<sidenote>Trust property acquired after December 1920.</sidenote> was acquired after December 31, 1920, by a transfer in trust (other than by a transfer in trust by a bequest or devise) the basis shall be the same as it would be in the hands of the grantor,<sidenote>As in hands of grantor.</sidenote> increased in the amount of gain or decreased in the amount of loss recognized to the grantor upon such transfer under the law applicable to the year in which the transfer was made.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Gift or transfer in trust before January 1, 1921</inline>.—</heading> <content class="inline">If the<sidenote>Gift or transfer in trust before January 1, 1921.</sidenote> property was acquired by gift or transfer in trust on or before December 31, 1920, the basis shall be the fair market value of such property at the time of such acquisition.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Property transmitted at death.—If the property was<sidenote>Property transmitted at death.</sidenote> acquired by bequest, devise, or inheritance, or by the decedent’s estate from the decedent, the basis shall be the fair market value of such property at the time of such acquisition. In the case of<sidenote>Transfer in trust with right to revoke.</sidenote> property transferred in trust to pay the income for life to or upon the order or direction of the grantor, with the right reserved to the grantor at all times prior to his death to revoke the trust, the basis of such property in the hands of the persons entitled under the terms of the trust instrument to the property after the grantor’s death shall, after such death, be the same as if the trust instrument had been a will executed on the day of the grantor’s death. For<sidenote>Without full consideration, under general power of appointment.</sidenote> the purpose of this paragraph property passing without full and adequate consideration under a general power of appointment exercised by will shall be deemed to be property passing from the individual exercising such power by bequest or devise.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Tax-free exchanges generally</inline>.—</heading> <content class="inline">If the property was<sidenote>Acquired on exchange.Ante, p. 704.</sidenote> acquired, after February 28, 1913, upon an exchange described in section 112(b) to (e), inclusive, the basis shall be the same as in<page identifier="/us/stat/48/707">707</page> the case of the property exchanged, decreased in the amount of<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Oontd.</sidenote> any money received by the taxpayer and increased in the amount of gain or decreased in the amount of loss to the taxpayer that was recognized upon such exchange under the law applicable to<sidenote>Partly on exchange and partly by other property.</sidenote> the year in which the exchange was made. If the property so acquired consisted in part of the type of property permitted by section 112(b) to be received without the recognition of gain or loss, and in part of other property, the basis provided in this paragraph shall be allocated between the properties (other than money) received, and for the purpose of the allocation there shall be assigned to such other property an amount equivalent to its fair market value at the date of the exchange. This paragraph<sidenote>Stock issued as consideration excepted.</sidenote> shall not apply to property acquired by a corporation by the issuance of its stock or securities as the consideration in whole or in part for the transfer of the property to it.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">Transfers to corporation where control of property remains in same persons</inline>.—</heading> <content class="inline"><sidenote>Transfers to corporation where control of property remains in same persons.</sidenote>If the property was acquired after December 31, 1917, by a corporation in connection with a reorganization, and immediately after the transfer an interest or control in such property of 50 per centum or more remained in the same persons or any of them, then the basis shall be the same as it would be in the hands of the transferor, increased in the amount of gain or decreased in the amount of loss recognized to the transferor upon such transfer under the law applicable to the year in which the transfer was made. This paragraph shall not apply if<sidenote>By a corporation a party to reorganization.</sidenote> the property acquired consists of stock or securities in a corporation a party to the reorganization, unless acquired by the issuance of stock or securities of the transferee as the consideration in whole or in part for the transfer.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <heading><inline class="smallCaps">Property acquired by issuance of stock or as paid-in surplus</inline>.—</heading> <chapeau class="inline"><sidenote>Property acquired by issuance of stock or as paid-in surplus, by a corporation after 1920.</sidenote>If the property was acquired after December 31, 1920, by a corporation—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">by the issuance of its stock or securities in connection<sidenote>Issuance of stock controlled by transferor.Ante, p. 704.</sidenote> with a transaction described in section 112(b)(5) (including, also, cases where part of the consideration for the transfer of such property to the corporation was property or money, in addition to such stock or securities), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">as paid-in surplus or as a contribution to capital,<sidenote>Paid-in surplus, etc.</sidenote> then the basis shall be the same as it would be in the hands of the transferor, increased in the amount of gain or decreased in the amount of loss recognized to the transferor upon such transfer under the law applicable to the year in which the transfer was made.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <heading><inline class="smallCaps">Involuntary conversion</inline>.—</heading> <content class="inline">If the property was acquired,<sidenote>Acquired by involuntary conversion.</sidenote> after February 28, 1913, as the result of a compulsory or involuntary conversion described in section 112(f), the basis shall be the same as in the case of the property so converted, decreased in the amount of any money received by the taxpayer which was not expended in accordance with the provisions of law (applicable to the year in which such conversion was made) determining the taxable status of the gain or loss upon such conversion, and increased in the amount of gain or decreased in the amount of loss to the taxpayer recognized upon such conversion under the law applicable to the year in which such conversion was made.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <heading><inline class="smallCaps">Wash sales of stock</inline>.—</heading> <content class="inline">If the property consists of stock<sidenote>Wash sales of stock on which loss not allowed.Post, p. 715.</sidenote> or securities the acquisition of which (or the contract or option to acquire which) resulted in the nondeductibility (under section 118 of this Act or corresponding provisions of prior income tax<page identifier="/us/stat/48/708">708</page> laws, relating to wash sales) of the loss from the sale or other<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> disposition of substantially identical stock or securities, then the basis shall be the basis of the stock or securities so sold or disposed<sidenote>Basis.</sidenote> of, increased or decreased, as the case may be, by the difference, if any, between the price at which the property was acquired and the price at which such substantially identical stock or securities were sold or otherwise disposed of.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <heading><inline class="smallCaps">Property acquired during affiliation</inline>.—</heading> <content class="inline">In the case of<sidenote>Property acquired during affiliation.</sidenote> property acquired by a corporation, during a period of affiliation, from a corporation with which it was affiliated, the basis of such property, after such period of affiliation, shall be determined, in<sidenote>Adjustment and determination of basis.</sidenote> accordance with regulations prescribed by the Commissioner with the approval of the Secretary, without regard to inter-company transactions in respect of which gain or loss was not recognized. For the purposes of this paragraph, the term “period of affiliation”<sidenote>“Period of affiliation” defined.</sidenote> means the period during which such corporations were affiliated (determined in accordance with the law applicable thereto) but does not include any taxable year beginning on or after January 1, 1922, unless a consolidated return was made, nor any taxable year after the taxable year 1928. The basis in case<sidenote>Basis in subsequent years.</sidenote> of property acquired by a corporation during any period, in the taxable year 1929 or any subsequent taxable year, in respect of which a consolidated return is made by such corporation under<sidenote>Vol. 45, p. 831</sidenote> section 141 of this Act or the Revenue Act of 1928 or the Revenue Act of 1932, shall be determined in accordance with regulations<sidenote>Post, p. 721.</sidenote> prescribed under section 141 (b) of this Act or the Revenue Act of 1928 or the Revenue Act of 1932. The basis in the case of property held by a corporation during any period, in the taxable year 1929 or any subsequent taxable year, in respect of which a consolidated return is made by such corporation under section 141 of this Act or the Revenue Act of 1928 or the Revenue Act of 1932, shall be adjusted in respect of any items relating to such period, in accordance with regulations prescribed under section 141 (b) of this Act or the Revenue Act of 1928 or the Revenue Act of 1932, applicable to such period.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <heading><inline class="smallCaps">Basis established by Revenue Act of 1932</inline>.—</heading> <content class="inline">If the property<sidenote>Basis established by Revenue Act of 1932.</sidenote> was acquired, after February 28, 1913, in any taxable year beginning prior to January 1, 1934, and the basis thereof, for the purposes of the Revenue Act of 1932 was prescribed by section 113(a) (6), (7), or (9) of such Act, then for the purposes of this Act the basis shall be the same as the basis therein prescribed in the Revenue Act of 1932.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <heading><inline class="smallCaps">Partnerships</inline>.—</heading> <content class="inline">If the property was acquired, after February<sidenote>Basis for partnership property, acquired after February 28, 1913.</sidenote> 28, 1913, by a partnership and the basis is not otherwise determined under any of the paragraphs (1) to (12), inclusive, of this subsection, then the basis shall be the same as it would be in the hands of the transferor, increased in the amount of gain or decreased in the amount of loss recognized to the transferor upon such transfer under the law applicable to the year in which the transfer was made. If the property was distributed in kind by a partnership to any partner, the basis of such property in the hands of the partner shall be such part of the basis in his hands of his partnership interest as is properly allocable to such property.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <heading><inline class="smallCaps">Property acquired before March 1, 1913</inline>.—</heading> <content class="inline">In the case of<sidenote>Property acquired before March 1913.</sidenote> property acquired before March 1, 1913, if the basis otherwise determined under this subsection, adjusted (for the period prior to March 1, 1913) as provided in subsection (b), is less than the fair market value of the property as of March 1, 1913, then the<page identifier="/us/stat/48/709">709</page> basis for determining gain shall be such fair market value. In<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> determining the fair market value of stock in a corporation as of March 1, 1913, due regard shall be given to the fair market<sidenote>Assets based on fair market value.</sidenote> value of the assets of the corporation as of that date.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Adjusted Basis</inline>.—</heading> <chapeau class="inline">The adjusted basis for determining the gain<sidenote>Adjusted basis for determining gain or loss.</sidenote> or loss from the sale or other disposition of property, whenever acquired, shall be the basis determined under subsection (a), adjusted as hereinafter provided.</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading> <chapeau class="inline">Proper adjustment in respect of the property<sidenote>General rule.Adjustment to capital account.</sidenote> shall in all cases be made—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">for expenditures, receipts, losses, or other items, properly<sidenote>Carrying charges on unimproved real property.</sidenote> chargeable to capital account, including taxes and other carrying charges on unimproved and unproductive real property, but no such adjustment shall be made for taxes or other carrying charges for which deductions have been taken by the taxpayer in determining net income for the taxable year or prior taxable years;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">in respect of any period since February 28, 1913, for<sidenote>Depletion, etc., since February 1913.</sidenote> exhaustion, wear and tear, obsolescence, amortization, and depletion, to the extent allowed (but not less than the amount allowable) under this Act or prior income tax laws. Where for any<sidenote>Maximum allowance.</sidenote> taxable year prior to the taxable year 1932 the depletion allowance<sidenote>Based on discovery value or percentage of income.</sidenote> was based on discovery value or a percentage of income, then the adjustment for depletion for such year shall be based on the depletion which would have been allowable for such year if computed without reference to discovery value or a percentage of income;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">in respect of any period prior to March 1, 1913, for<sidenote>Any period prior to March 1, 1913.</sidenote> exhaustion, wear and tear, obsolescence, amortization, and depletion, to the extent sustained;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content class="inline">in the case of stock (to the extent not provided for in<sidenote>Basis reduced by tax free distributions.</sidenote> the foregoing subparagraphs) for the amount of distributions previously made which, under the law applicable to the year in which the distribution was made, either were tax-free or were applicable in reduction of basis (not including distributions made by a corporation, which was classified as a personal service<sidenote>Vol. 40, p. 1070; Vol. 42, p. 245.</sidenote> corporation under the provisions of the Revenue Act of 1918 or 1921, out of its earnings or profits which were taxable in accordance with the provisions of section 218 of the Revenue Act of 1918 or 1921).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Substituted basis</inline>.—</heading> <chapeau class="inline">The term “substituted basis” as used<sidenote>Substituted basis.</sidenote> in this subsection means a basis determined under any provision<sidenote>Determination of.</sidenote> of subsection (a) of this section or under any corresponding provision of a prior income tax law, providing that the basis shall be determined—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">by reference to the basis in the hands of a transferor, donor, or grantor, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">by reference to other property held at any time by the person for whom the basis is to be determined.</content> </subparagraph> <continuation class="inline">Whenever it appears that the basis of property in the hands of the taxpayer is a substituted basis, then the adjustments provided in paragraph (1) of this subsection shall be made after first making in respect of such substituted basis proper adjustments of a<sidenote>Adjustments.</sidenote> similar nature in respect of the period during which the property was held by the transferor, donor, or grantor, or during which the other property was held by the person for whom the basis is to be determined. A similar rule shall be applied in the case of a series of substituted bases.</continuation> </paragraph> </subsection> </section> <page identifier="/us/stat/48/710">710</page> <section class="indent0 firstIndent0 fontsize10"> <num value="114">SEC. 114. </num> <heading>BASIS FOR DEPRECIATION AND DEPLETION.<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Basis for Depreciation</inline>.—</heading> <content class="inline">The basis upon which exhaustion,<sidenote>Basis for depreciation and depletion.Ante, p. 709.</sidenote> wear and tear, and obsolescence are to be allowed in respect of any property shall be the adjusted basis provided in section 113(b) for the purpose of determining the gain upon the sale or other disposition of such property.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Basis for Depletion</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading> <content class="inline">The basis upon which depletion is to be<sidenote>General rule.</sidenote> allowed in respect of any property shall be the adjusted basis provided in section 113(b) for the purpose of determining the gain upon the sale or other disposition of such property, except as provided in paragraphs (2), (3), and (4) of this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Discovery value in case of mines</inline>.—</heading> <content class="inline">In the case of mines<sidenote>Discovery value in case of mines.</sidenote> (other than metal, coal or sulphur mines) discovered by the taxpayer after February 28, 1913, the basis for depletion shall be the fair market value of the property at the date of discovery or within thirty days thereafter, if such mines were not acquired as the result of purchase of a proven tract or lease, and if the fair market value of the property is materially disproportionate to the cost. The depletion allowance under section 23 (m) based<sidenote>Ante, p. 689.</sidenote> on discovery value provided in this paragraph shall not exceed 50 per centum of the net income of the taxpayer (computed without<sidenote>Depletion allowance without reference to discovery value.</sidenote> allowance for depletion) from the property upon which the discovery was made, except that in no case shall the depletion allowance under section 23 (m) be less than it would be if computed without reference to discovery value. Discoveries shall include<sidenote>Minerals included.</sidenote> minerals in commercial quantities contained within a vein or deposit discovered in an existing mine or mining tract by the taxpayer after February 28, 1913, if the vein or deposit thus discovered was not merely the uninterrupted extension of a continuing commercial vein or deposit already known to exist, and if the discovered minerals are of sufficient value and quantity that they could be separately mined and marketed at a profit.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Percentage depletion for oil and gas wells</inline>.—</heading> <content class="inline">In the case<sidenote>Oil and gas allowance.</sidenote> of oil and gas wells the allowance for depletion under section 23 (m) shall be 27½ per centum of the gross income from the property during the taxable year, excluding from such gross income an amount equal to any rents or royalties paid or incurred by the taxpayer in respect of the property. Such allowance shall<sidenote>Maximum.</sidenote> not exceed 50 per centum of the net income of the taxpayer (computed without allowance for depletion) from the property, except that in no case shall the depletion allowance under section 23 (m) be less than it would be if computed without reference to this paragraph.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Percentage depletion for coal and metal mines and sulphur</inline>.—</heading> <content class="inline"><sidenote>Percentage depletion for coal and metal mines and sulphur.</sidenote>The allowance for depletion under section 23 (m) shall be, in the case of coal mines, 5 per centum, in the case of metal mines, 15 per centum, and, in the case of sulphur mines or deposits, 23 per centum, of the gross income from the property during the taxable year, excluding from such gross income an amount equal to any rents or royalties paid or incurred by the taxpayer in respect of the property. Such allowance shall not exceed 50 per<sidenote>Maximum.</sidenote> centum of the net income of the taxpayer (computed without allowance for depletion) from the property. A taxpayer making<sidenote>Taxpayer’s election as to computation to govern future years.</sidenote> his first return under this title in respect of a property shall state whether he elects to have the depletion allowance for such property for the taxable year for which the return is made computed with or without regard to percentage depletion, and the depletion allow-<page identifier="/us/stat/48/711">711</page>ance in respect of such property for such year shall be computed<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> according to the election thus made. If the taxpayer fails to make such statement in the return, the depletion allowance for such<sidenote>If no statement is made.</sidenote> property for such year shall be computed without reference to percentage depletion. The method, determined as above, of computing the depletion allowance shall be applied in the case of the property for all taxable years in which it is in the hands of such taxpayer, or of any other person if the basis of the property (for determining gain) in his hands is, under section 113, determined by reference to the basis in the hands of such taxpayer, either directly or through one or more substituted bases, as defined in that section.</content> </paragraph> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="115">SEC. 115. </num> <heading>DISTRIBUTIONS BY CORPORATIONS.<sidenote>Distributions by corporations.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Definition of Dividend</inline>.—</heading> <content class="inline">The term “dividend” when used<sidenote>“Dividend” defined.Post, pp., 732, 735.</sidenote> in this title (except in section 203(a)(4) and section 207(c)(1), relating to insurance companies) means any distribution made by a<sidenote>Earnings after February 28, 1913, deemed dividends.</sidenote> corporation to its shareholders, whether in money or in other property, out of its earnings or profits accumulated after February 28, 1913.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Source of Distributions</inline>.—</heading> <content class="inline">For the purposes of this Act every<sidenote>Sources.</sidenote> distribution is made out of earnings or profits to the extent thereof, and from the most recently accumulated earnings or profits. Any<sidenote>Accumulations, etc., before March 1, 1913, tax free.</sidenote> earnings or profits accumulated, or increase in value of property accrued, before March 1, 1913, may be distributed exempt from tax, after the earnings and profits accumulated after February 28, 1913, have been distributed, but any such tax-free distribution shall be applied against and reduce the adjusted basis of the stock provided<sidenote>Ante, p. 706.</sidenote> in section 113.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Distributions in Liquidation</inline>.—</heading> <content class="inline">Amounts distributed in complete<sidenote>Distributions in liquidation, to be in full payment for stock.</sidenote> liquidation of a corporation shall be treated as in full payment in exchange for the stock, and amounts distributed in partial liquidation of a corporation shall be treated as in part or full payment in exchange for the stock. The gain or loss to the distributee<sidenote>Gain or loss to distributee.Post, p. 714.</sidenote> resulting from such exchange shall be determined under section 111, but shall be recognized only to the extent provided in section 112. Despite the provisions of section 117(a), 100 per centum of the gain so recognized shall be taken into account in computing net income. In the case of amounts distributed (whether before January 1, 1934, or op or after such date) in partial liquidation (other than a distribution<sidenote>Partial liquidation distribution.</sidenote> within the provisions of subsection (h) of this section of stock or securities in connection with a reorganization) the part of such distribution which is properly chargeable to capital account shall not be considered a distribution of earnings or profits within the meaning of subsection (b) of this section for the purpose of determining the taxability of subsequent distributions by the corporation.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Other Distributions from Capital</inline>.—</heading> <content class="inline">If any distribution<sidenote>Distributions not out of increase in value before March 1, 1913, nor from earnings or profits.</sidenote> (not in partial or complete liquidation) made by a corporation to its shareholders is not out of increase in value of property accrued before March 1, 1913, and is not out of earnings or profits, then the amount of such distribution shall be applied against and reduce the adjusted basis of the stock provided in section 113, and if in excess<sidenote>Ante, p. 706.</sidenote> of such basis, such excess shall be taxable in the same manner as a gain from the sale or exchange of property.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Distributions by Personal Service Corporations</inline>.—</heading> <content class="inline">Any distribution<sidenote>Distributions by personal service corporations; exemptions.Vol. 40, p. 1070; Vol. 42, p. 245.</sidenote> made by a corporation, which was classified as a personal service corporation under the provisions of the Revenue Act of 1918 or the Revenue Act of 1921, out of its earnings or profits which<page identifier="/us/stat/48/712">712</page> were taxable in accordance with the provisions of section 218 of<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> the Revenue Act of 1918 or section 218 of the Revenue Act of 1921, shall be exempt from tax to the distributees.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Stock Dividends</inline>.—</heading> <content class="inline">A stock dividend shall not be subject to<sidenote>Stock dividends not taxable.</sidenote> tax.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Redemption of Stock</inline>.—</heading> <content class="inline">If a corporation cancels or redeems<sidenote>Redemption of stock; proceeds.</sidenote> its stock (whether or not such stock was issued as a stock dividend) at such time and in such manner as to make the distribution and cancellation or redemption in whole or in part essentially equivalent to the distribution of a taxable dividend, the amount so distributed in redemption or cancellation of the stock, to the extent that its1<footnote><num>1</num> So in original.</footnote> represents a distribution of earnings or profits accumulated after February 28, 1913, shall be treated as a taxable dividend.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) <sidenote>Distribution of stock on reorganization.Effect on future distributions.</sidenote></num> <heading><inline class="smallCaps">Distribution of Stock on Reorganization—Effect on Future Distributions</inline>.—</heading> <content class="inline">The distribution before January 1, 1934, in pursuance of a plan of reorganization, by or on behalf of a corporation a party to the reorganization, of its stock or securities or stock or securities in a corporation a party to the reorganization, if no gain to the distributee from the receipt of such stock or securities was recognized by law, shall not be considered a distribution of earnings or profits within the meaning of this section for the purpose of determining the taxability of subsequent distributions by the corporation. As used in this subsection, the terms “reorganization” and “party to the reorganization” shall have the meanings<sidenote>Vol. 47, p. 196.</sidenote> assigned to such terms in section 112 of the Revenue Act of 1932.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Definition of Partial Liquidation</inline>.—</heading> <content class="inline">As used in this section<sidenote>Definition of partial liquidation.</sidenote> the term “amounts distributed in partial liquidation” means a distribution by a corporation in complete cancellation or redemption of a part of its stock, or one of a series of distributions in complete cancellation or redemption of all or a portion of its stock.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="116">SEC. 116. </num> <heading>EXCLUSIONS FROM GROSS INCOME.<sidenote>Exclusions from gross income.</sidenote></heading> <chapeau class="indent0 firstIndent1 fontsize10">In addition to the items specified in section 22(b), the following<sidenote>Additional items exempt from tax.Ante, p. 687.</sidenote> items shall not be included in gross income and shall be exempt from taxation under this title:</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Earned Income from Sources Without United States</inline>.—</heading> <content class="inline">In<sidenote>Earned income from sources without United States.</sidenote> the case of an individual citizen of the United States, a bona fide nonresident of the United States for more than six months during the taxable year, amounts received from sources without the United States (except amounts paid by the United States or any agency thereof) if such amounts would constitute earned income as defined<sidenote>Ante, p. 692.</sidenote> in section 25(a) if received from sources within the United States; but such individual shall not be allowed as a deduction from his gross income any deductions properly allocable to or chargeable against amounts excluded from gross income under this subsection.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Teachers in Alaska and Hawaii</inline>.—</heading> <content class="inline">In the case of an individual<sidenote>Teachers in Alaska and Hawaii.</sidenote> employed by Alaska or Hawaii or any political subdivision thereof as a teacher in any educational institution, the compensation received as such. This subsection shall not exempt compensation paid directly or indirectly by the Government of the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Income of Foreign Governments</inline>.—</heading> <content class="inline">The income of foreign<sidenote>Income of foreign governments from investments in United States, etc.</sidenote> governments received from investments in the United States in stocks, bonds, or other domestic securities, owned by such foreign governments, or from interest on deposits in banks in the United States of moneys belonging to such foreign governments, or from any other source within the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Income of States, Municipalities, Etc.</inline>—</heading> <chapeau class="inline"> Income derived<sidenote>Income of States, etc., from public utilities.</sidenote> from any public utility or the exercise of any essential governmental function and accruing to any State, Territory, or the District of<page identifier="/us/stat/48/713">713</page> Columbia, or any political subdivision of a State or Territory, or<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> income accruing to the government of any possession of the United States, or any political subdivision thereof. Whenever any State, Territory, or the District of Columbia, or<sidenote>If under prior contracts for operation thereof.</sidenote> any political subdivision of a State or Territory, prior to September 8, 1916, entered in good faith into a contract with any person, the object and purpose of which is to acquire, construct, operate, or maintain a public utility— </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">If by the terms of such contract the tax imposed by this<sidenote>Levy on proceeds prior te division thereof with State, etc.</sidenote> title is to be paid out of the proceeds from the operation of such public utility, prior to any division of such proceeds between the person and the State, Territory, political subdivision, or the District of Columbia, and if, but for the imposition of the tax imposed by this title, a part of such proceeds for the taxable year would accrue directly to or for the use of such State, Territory, political subdivision, or the District of Columbia, then a tax upon the net income from the operation of such public utility shall be levied, assessed, collected, and paid in the manner and at the rates prescribed in this title, but there shall be refunded to such State,<sidenote>Refunds.</sidenote> Territory, political subdivision, or the District of Columbia (under rules and regulations to be prescribed by the Commissioner with the approval of the Secretary) an amount which bears the same relation to the amount of the tax as the amount which (but for the imposition of the tax imposed by this title) would have accrued directly to or for the use of such State, Territory, political subdivision, or the District of Columbia, bears to the amount of the net income from the operation of such public utility for such taxable year.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If by the terms of such contract no part of the proceeds<sidenote>If no part accruing in State, etc., the net income of persons taxable.</sidenote> from the operation of the public utility for the taxable year would, irrespective of the tax imposed by this title, accrue directly to or for the use of such State, Territory, political subdivision, or the District of Columbia, then the tax upon the net income of such person from the operation of such public utility shall be levied, assessed, collected, and paid in the manner and at the rates prescribed in this title.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Bridges to be Acquired by State or Political Subdivision</inline>.—</heading> <chapeau class="inline"><sidenote>Bridges to be acquired by State, etc.</sidenote> Whenever any State or political subdivision thereof, in pursuance of a contract to which it is not a party entered into before the enactment of the Revenue Act of 1928, is to acquire a bridge—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">If by the terms of such contract the tax imposed by this<sidenote>Levy on operation proceeds, prior to division thereof.</sidenote> title is to be paid out of the proceeds from the operation of such bridge prior to any division of such proceeds, and if, but for the imposition of the tax imposed by this title, a part of such proceeds for the taxable year would accrue directly to or for the use of or would be applied for the benefit of such State or political subdivision, then a tax upon the net income from the operation of such bridge shall be levied, assessed, collected, and paid in the manner and at the rates prescribed in this title, but there shall be refunded to such State or political subdivision (under rules and<sidenote>Refund to State, etc.</sidenote> regulations to be prescribed by the Commissioner with the approval of the Secretary) an amount which bears the same relation to the amount of the tax as the amount which (but for the imposition of the tax imposed by this title) would have accrued directly to or for the use of or would be applied for the benefit of such State or political subdivision, bears to the amount of the net income from the operation of such bridge for such taxable<sidenote>Restriction.</sidenote> year. No such refund shall be made unless the entire amount of<page identifier="/us/stat/48/714">714</page> he refund is to be applied in part payment for the acquisition<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> of such bridge.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If by the terms of such contract no part of the proceeds<sidenote>If no part accruing to such State, etc., net income from operation to be taxable.</sidenote> from the operation of the bridge for the taxable year would, irrespective of the tax imposed by this title, accrue directly to or for the use of or be applied for the benefit of such State or political subdivision, then the tax upon the net income from the operation of such bridge shall be levied, assessed, collected, and paid in the manner and at the rates prescribed in this title.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Dividend from “China Trade Act” Corporation</inline>.—</heading> <content class="inline">In the<sidenote>Dividends from “China Trade Act” corporations.</sidenote> case of a person, amounts distributed as dividends to or for his benefit by a corporation organized under the China Trade Act, 1922, if, at the time of such distribution, he is a resident of China, and the equitable right to the income of the shares of stock of the corporation is in good faith vested in him.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Ship owners’ Protection and Indemnity Associations</inline>.—</heading> <content class="inline">The<sidenote>Shipowners’ mutual associations. Receipts.</sidenote> receipts of shipowners’ mutual protection and indemnity associations not organized for profit, and no part of the net earnings of which inures to the benefit of any private shareholder; but such corporations shall be subject as other persons to the tax upon their net income from interest, dividends, and rents.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="117">SEC. 117. </num> <heading>CAPITAL GAINS AND LOSSES.<sidenote>Capital gains and losses.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <chapeau class="inline">In the case of a taxpayer, other than a corporation,<sidenote>Computation of tax.</sidenote> only the following percentages of the gain or loss recognized upon the sale or exchange of a capital asset shall be taken into account in computing net income:</chapeau> <level class="indent1 firstIndent1 fontsize10"> <content class="inline"> 100 per centum if the capital asset has been held for not more than 1 year; 80 per centum if the capital asset has been held for more than 1 year but not for more than 2 years; 60 per centum if the capital asset has been held for more than 2 years but not for more than 5 years; 40 per centum if the capital asset has been held for more than 5 years but not for more than 10 years; 30 per centum if the capital asset has been held for more than 10 years. </content> </level> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Definition of Capital Assets</inline>.—</heading> <content class="inline">For the purposes of this<sidenote>Definition of “capital assets.”</sidenote> title, “capital assets” means property held by the taxpayer (whether or not connected with his trade or business), but does not include stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Determination of Period for which Held</inline>.—</heading> <chapeau class="inline">For the purpose<sidenote>Determination of period for which held.</sidenote> of subsection (a)—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">In determining the period for which the taxpayer has held<sidenote>Property received on an exchange.</sidenote> property received on an exchange there shall be included the period for which he held the property exchanged, if under the provisions of section 113, the property received has, for the purpose<sidenote>Ante, p. 706.</sidenote> of determining gain or loss from a sale or exchange, the same basis in whole or in part in his hands as the property exchanged.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">In determining the period for which the taxpayer has held<sidenote>Period of property holding.</sidenote> property however acquired there shall be included the period for which such property was held by any other person, if under the provisions of section 113, such property has, for the purpose of determining gain, or loss from a sale or exchange, the same basis<page identifier="/us/stat/48/715">715</page> in whole or in part in his hands as it would have in the hands<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> of such other person.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">In determining the period for which the taxpayer has held<sidenote>Stock, etc., received on a distribution.</sidenote> stock or securities received upon a distribution where no gain was recognized to the distributee under the provisions of section 112(g) of the Revenue Act of 1928 or the Revenue Act of 1932,<sidenote>Vol. 45, p. 818.</sidenote> there shall be included the period for which he held the stock or securities in the distributing corporation prior to the receipt of the stock or securities upon such distribution.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">In determining the period for which the taxpayer has held<sidenote>Computing period stock has been held.</sidenote> stock or securities the acquisition of which (or the contract or option to acquire which) resulted in the nondeductibility (under section 118 of this Act or section 118 of the Revenue Act of 1928<sidenote>Vol. 45, p. 826.</sidenote> or the Revenue Act of 1932, relating to wash sales) of the loss from the sale or other disposition of substantially identical stock or securities, there shall be included the period for which he held the stock or securities the loss from the sale or other disposition of which was not deductible.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Limitation on Capital Losses</inline>.—</heading> <content class="inline">Losses from sales or<sidenote>Capital losses allowed only to extent of gains, etc.</sidenote> exchanges of capital assets shall be allowed only to the extent of $2,000 plus the gains from such sales or exchanges. If a bank or trust company incorporated under the laws of the United States or of any State or Territory, a substantial part of whose business is the receipt of deposits, sells any bond, debenture, note, or certificate or other evidence of indebtedness issued by any corporation (including one issued by a government or political subdivision thereof), with interest coupons or in registered form, any loss resulting from such sale (except such portion of the loss as does not exceed the amount, if any, by which the adjusted basis of such instrument exceeds the par or face value thereof) shall not be subject to the foregoing limitation and shall not be included in determining the applicability of such limitation to other losses.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Gains and Losses from Short Sales, Etc.</inline>—</heading> <chapeau class="inline">For the purpose<sidenote>Gains and losses from short sales, etc.</sidenote> of this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">gains or losses from short sales of property shall be considered<sidenote>Transactions considered as.</sidenote> as gains or losses from sales or exchanges of capital assets; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">gains or losses attributable to the failure to exercise privileges or options to buy or sell property shall be considered as gains or losses from sales or exchanges of capital assets held for one vear or less.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Retirement of Bonds, Etc.</inline>—</heading> <content class="inline">For the purposes of this title,<sidenote>Retirement of bonds, etc.</sidenote> amounts received by the holder upon the retirement of bonds, debentures, notes, or certificates or other evidences of indebtedness issued by any corporation (including those issued by a government or political subdivision thereof), with interest coupons or in registered form, shall be considered as amounts received in exchange therefor.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="118">SEC. 118. </num> <heading>LOSS FROM WASH SALES OF STOCK OR SECURITIES.<sidenote>Loss from wash sales of stock, etc.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">In the case of any loss claimed to have been sustained from<sidenote>Restriction on claim for, if taxpayer has acquired substantially identical stock within 30 days.</sidenote> any sale or other disposition of shares of stock or securities where it appears that, within a period beginning 30 days before the date of such sale or disposition and ending 30 days after such date, the taxpayer has acquired (by purchase or by an exchange upon which the entire amount of gain or loss was recognized by law), or has entered into a contract or option so to acquire, substantially identical stock or securities, then no deduction for the loss shall be allowed under section 23(e) (2); nor shall such deduction be allowed under<sidenote>Ante, p. 688.Allowance to a corporation.</sidenote> section 23 G) unless the claim is made by a corporation, a dealer<page identifier="/us/stat/48/716">716</page> in stocks or securities, and with respect to a transaction made in<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> the ordinary course of its business.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">If the amount of stock or securities acquired (or covered by<sidenote>Computation where property acquired is less than sold.</sidenote> the contract or option to acquire) is less than the amount of stock or securities sold or otherwise disposed of, then the particular shares of stock or securities the loss from the sale or other disposition of which is not deductible shall be determined under rules and regulations prescribed by the Commissioner with the approval of the Secretary.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">If the amount of stock or securities acquired (or covered by<sidenote>Computation where property acquired is not less than sold.</sidenote> the contract or option to acquire) is not less than the amount of stock or securities sold or otherwise disposed of, then the particular shares of stock or securities the acquisition of which (or the contract or option to acquire which) resulted in the non deductibility of the loss shall be determined under rules and regulations prescribed by the Commissioner with the approval of the Secretary.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="119">SEC. 119. </num> <heading>INCOME FROM SOURCES WITHIN UNITED STATES.<sidenote>Income from sources within United States.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Gross Income from Sources in United States</inline>.—</heading> <chapeau class="inline">The following<sidenote>Items treated as.</sidenote> items of gross income shall be treated as income from sources within the United States:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Interest</inline>.—</heading> <chapeau class="inline">Interest from the United States, any Territory,<sidenote>Interest, etc.</sidenote> any political subdivision of a Territory, or the District of Columbia, and interest on bonds, notes, or other interest-bearing obligations of residents, corporate or otherwise, not including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">interest on deposits with persons carrying on the banking<sidenote>Paid to persons not in business in United States.</sidenote> business paid to persons not engaged in business within the United States and not having an office or place of business therein, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">interest received from a resident alien individual, a<sidenote>If less than 20 per cent from United States sources.</sidenote> resident foreign corporation, or a domestic corporation, when it is shown to the satisfaction of the Commissioner that less than 20 per centum of the gross income of such resident payor or domestic corporation has been derived from sources within the United States, as determined under the provisions of this section, for the three-year period ending with the close of the taxable year of such payor preceding the payment of such interest, or for such part of such period as may be applicable, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">income derived by a foreign central bank of issue from<sidenote>From bankers’ acceptances.</sidenote> bankers’ acceptances;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Dividends</inline>.—</heading> <chapeau class="inline">The amount received as dividends—<sidenote>Dividends.Domestic corporations.</sidenote> </chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">from a domestic corporation other than a corporation entitled to the benefits of section 251, and other than a corporation less than 20 per centum of whose gross income is shown to the satisfaction of the Commissioner to have been derived from sources within the United States, as determined under the provisions of this section, for the three-year period ending with the close of the taxable year of such corporation preceding the declaration of such dividends (or for such part of such period as the corporation has been in existence), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">from a foreign corporation unless less than 50 per centum<sidenote>Foreign corporations.</sidenote> of the gross income of such foreign corporation for the three-year period ending with the close of its taxable year preceding the declaration of such dividends (or for such part of such period as the corporation has been in existence) was derived from sources within the United States as determined under the provisions of this section; but dividends from a foreign<page identifier="/us/stat/48/717">717</page> corporation shall, for the purposes of section 131 (relating to<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> foreign tax credit), be treated as income from sources without the United States;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Personal services</inline>.—</heading> <content class="inline">Compensation for labor or personal<sidenote>Personal services.</sidenote> services performed in the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Rentals and royalties</inline>.—</heading> <content class="inline">Rentals or royalties from property<sidenote>Rentals, royalties, etc., from United States sources.</sidenote> located in the United States or from any interest in such property, including rentals or royalties for the use of or for the privilege of using in the United States, patents, copyrights, secret processes and formulas, good will, trade-marks, trade brands, franchises, and other like property; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Sale of real property</inline>.—</heading> <content class="inline">Gains, profits, and income from the<sidenote>Real property sales.</sidenote> sale of real property located in the United States.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Sale of personal property</inline>.—</heading> <content class="inline">For gains, profits, and income<sidenote>Sale of personal property.</sidenote> from the sale of personal property, see subsection (e).</content> </paragraph> </subsection> <subsection class="inline"> <num value="b">(b) </num> <heading><inline class="smallCaps">Net Income from Sources in United States</inline>.—</heading> <content class="inline">From the<sidenote>Net income from sources in United States.</sidenote> items of gross income specified in subsection (a) of this section there shall be deducted the expenses, losses, and other deductions properly apportioned or allocated thereto and a ratable part of any expenses, losses, or other deductions which can not definitely be allocated to some item or class of gross income. The remainder, if any, shall be included in full as net income from sources within the United States.<sidenote>Gross income from without United States.</sidenote> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Gross Income from Sources Without United States</inline>.—</heading> <chapeau class="inline">The following items of gross income shall be treated as income from sources without the United States:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Interest other than that derived from sources within the<sidenote>Other sources of interest.</sidenote> United States as provided in subsection (a) (1) of this section;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Dividends other than those derived from sources within the<sidenote>Other dividends.</sidenote> United States as provided in subsection (a) (2) of this section;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Compensation for labor or personal services performed<sidenote>Compensation for services without United States.</sidenote> without the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Rentals or royalties from property located without the<sidenote>Rentals, royalties, etc., without United States.</sidenote> United States or from any interest in such property, including rentals or royalties for the use of or for the privilege of using without the United States, patents, copyrights, secret processes and formulas, good will, trade-marks, trade brands, franchises, and other like properties; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Gains, profits, and income from the sale of reai property<sidenote>Real estate sale without United States.</sidenote> located without the United States.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Net Income from Sources Without United States</inline>.—</heading> <content class="inline">From<sidenote>Net income from sources without the United States.</sidenote> the items of gross income specified in subsection (c) of this section there shall be deducted the expenses, losses, and other deductions properly apportioned or allocated thereto, and a ratable part of any expenses, losses, or other deductions which can not definitely be allocated to some item or class of gross income. The remainder, if any, shall be treated in full as net income from sources without the United States.</content> </subsection> <subsection class="inline"> <num value="e">(e) </num> <heading><inline class="smallCaps">Income from Sources Partly Within and Partly Without United States</inline>.—</heading> <chapeau class="inline"><sidenote>Income partly within and partly without United States.</sidenote>Items of gross income, expenses, losses and deductions, other than those specified in subsections (a) and (c) of this section, shall be allocated or apportioned to sources within or without<sidenote>Apportionment.</sidenote> the United States, under rules and regulations prescribed by the Commissioner with the approval of the Secretary. Where items of gross income are separately allocated to sources within the United<sidenote>From United States sources.</sidenote> States, there shall be deducted (for the purpose of computing the net income therefrom) the expenses, losses, and other deductions properly apportioned or allocated thereto and a ratable part of other expenses, losses or other deductions which can not definitely<page identifier="/us/stat/48/718">718</page> be allocated to some item or class of gross income. The remainder,<sidenote>INCOME TAX.COMPUTATION OF NET INCOME—Contd.</sidenote> if any, shall be included in full as net income from sources within the United States. In the case of gross income derived from sources partly within and partly without the United States, the net income may first be computed by deducting the expenses, losses, or other deductions apportioned or allocated thereto and a ratable part of any expenses, losses, or other deductions which can not definitely be allocated to some items or class of gross income; and the portion of such net income attributable to sources within the United States may be determined by processes or formulas of general apportionment<sidenote>Processes, etc., for determination.</sidenote> prescribed by the Commissioner with the approval of the Secretary. Gains, profits, and income from—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">transportation or other services rendered partly within and<sidenote>Gains from transportation or other services.</sidenote> partly without the United States, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">from the sale of personal property produced (in whole or<sidenote>Sale of personal property.</sidenote> in part) by the taxpayer within and sold without the United States, or produced (in whole or in part) by the taxpayer without and sold within the United States,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be treated as derived partly from sources within and partly from sources without the United States. Gains, profits and income derived from the purchase of personal property within and its sale without the United States or from the purchase of personal property without and its sale within the United States, shall be treated as derived entirely from sources within the country in which sold, except that gains, profits, and income derived from the purchase of<sidenote>Exceptions.</sidenote> personal property within the United States and its sale within a possession of the United States or from the purchase of personal property within a possession of the United States and its sale within the United States shall be treated as derived partly from sources within and partly from sources without the United States.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <content class="inline">As used in this section the words “sale” or<sidenote>Definitions.</sidenote> “sold” include “exchange” or “exchanged”; and the word “produced” includes “created”, “fabricated”, “manufactured”, “extracted”, “processed”, “cured”, or “aged”.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="120">SEC. 120. </num> <heading>UNLIMITED DEDUCTION FOR CHARITABLE AND OTHER CONTRIBUTIONS.<sidenote>Charitable contributions, etc.</sidenote></heading> <content class="inline">In the case of an individual if in the taxable year and in each<sidenote>Unlimited deduction.</sidenote> of the ten preceding taxable years the amount of the contributions or gifts described in section 23 (o) plus the amount of income, warprofits, or excess-profits taxes paid during such year in respect of preceding taxable years, exceeds 90 per centum of the taxpayer’s net income for each such year, as computed without the benefit of section 23 (o), then the 15 per centum limit imposed by such section<sidenote>Ante, p. 690.</sidenote> shall not be applicable.</content> </section> </level> <level> <num class="centered" value="C">Supplement C—</num> <heading class="inline">Credits Against Tax<sidenote>CREDITS AGAINST TAX.</sidenote></heading> <subheading class="centered">[Supplementary to Subtitle B, Part III]</subheading> <section class="indent0 firstIndent0 fontsize10"> <num value="131">SEC. 131. </num> <heading>TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF UNITED STATES.<sidenote>Taxes of foreign countries, and U.S. possessions.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Allowance of Credit</inline>.—</heading> <chapeau class="inline">If the taxpayer signifies in his return<sidenote>Allowances.</sidenote> his desire to have the benefits of this section, the tax imposed by this title shall be credited with:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Citizen and domestic corporation</inline>.—</heading> <content class="inline">In the case of a citizen<sidenote>Payments of citizens and domestic corporations.</sidenote> of the United States and of a domestic corporation, the amount of any income, war-profits, and excess-profits taxes paid or accrued<page identifier="/us/stat/48/719">719</page> during the taxable year to any foreign country or to any possession<sidenote>INCOME TAX.CREDITS AGAINST TAX—Contd.</sidenote> of the United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline"> <content class="inline">Resident of United States</content>.—In the case of a resident of<sidenote>Resident; to United States possessions.</sidenote> the United States, the amount of any such taxes paid or accrued during the taxable year to any possession of the United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Alien resident of United States</inline>.—</heading> <content class="inline">In the case of an alien<sidenote>Alien resident to foreign countries allowing similar credit.</sidenote> resident of the United States, the amount of any such taxes paid or accrued during the taxable year to any foreign country, if the foreign country of which such alien resident is a citizen or subject, in imposing such taxes, allows a similar credit to citizens of the United States residing in such country; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Partnerships and estates</inline>.—</heading> <content class="inline">In the case of any such individual<sidenote>Partnerships and estates.</sidenote> who is a member of a partnership or a beneficiary of an estate or trust, his proportionate share of such taxes of the partnership or the estate or trust paid or accrued during the taxable year to a foreign country or to any possession of the United States, as the case may be.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Limit on Credit</inline>.—</heading> <chapeau class="inline">The amount of the credit taken under this<sidenote>Limit on credit.</sidenote> section shall be subject to each of the following limitations:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The amount of the credit in respect of the tax paid or<sidenote>Proportionate credit for taxes paid to foreign country.</sidenote> accrued to any country shall not exceed the same proportion of the tax against which such credit is taken, which the taxpayer’s net income from sources within such country bears to his entire net income for the same taxable year; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The total amount of the credit shall not exceed the same<sidenote>Limitation on total amount.</sidenote> proportion of the tax against which such credit is taken, which the taxpayer’s net income from sources without the United States bears to his entire net income for the same taxable year.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Adjustments on Payment of Accrued Taxes</inline>.—</heading> <content class="inline">If accrued<sidenote>Adjustments if tax paid differs from credits claimed.</sidenote> taxes when paid differ from the amounts claimed as credits by the taxpayer, or if any tax paid is refunded in whole or in part, the taxpayer shall notify the Commissioner, who shall redetermine the<sidenote>Redetermination.</sidenote> amount of the tax for the year or years affected, and the amount of tax due upon such redetermination, if any, shall be paid by the taxpayer upon notice and demand by the collector, or the amount of tax overpaid, if any, shall be credited or refunded to the taxpayer<sidenote>Post, p. 750.</sidenote> in accordance with the provisions of section 322. In the case of such a tax accrued but not paid, the Commissioner as a condition<sidenote>Tax accrued but unpaid.</sidenote> precedent to the allowance of this credit may require the taxpayer to give a bond with sureties satisfactory to and to be approved by the<sidenote>Bond required.</sidenote> Commissioner in such sum as the Commissioner may require, conditioned upon the payment by the taxpayer of any amount of tax found due upon any such redetermination; and the bond herein prescribed shall contain such further conditions as the Commissioner may require.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Year in Which Credit Taken</inline>.—</heading> <content class="inline">The credits provided for<sidenote>Credits for foreign taxes may be taken in the year accrued.</sidenote> in this section may, at the option of the taxpayer and irrespective of the method of accounting employed in keeping his books, be taken in the year in which the taxes of the foreign country or the possession of the United States accrued, subject, however, to the conditions prescribed in subsection (c) of this section. If the taxpayer elects<sidenote>Credits on same basis for subsequent years.</sidenote> to take such credits in the year in which the taxes of the foreign country or the possession of the United States accrued, the credits for all subsequent years shall be taken upon the same basis, and no portion of any such taxes shall be allowed as a deduction in the same or any succeeding year.</content> </subsection> <page identifier="/us/stat/48/720">720</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Proof of Credits</inline>.—</heading> <content class="inline">The credits provided in this section shall<sidenote>INCOME TAX.CREDITS AGAINST TAX—Contd.</sidenote> be allowed only if the taxpayer establishes to the satisfaction of the Commissioner (1) the total amount of income derived from sources<sidenote>Proof of credits.Evidence of foreign income.Ante, p. 716.Segregation.</sidenote> without the United States, determined as provided in section 119, (2) the amount of income derived from each country, the tax paid or accrued to which is claimed as a credit under this section, such amount to be determined under rules and regulations prescribed by the Commissioner with the approval of the Secretary, and (3) all other information necessary for the verification and computation<sidenote>Other information necessary.</sidenote> of such credits.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Taxes of Foreign Subsidiary</inline>.—</heading> <content class="inline">For the purposes of this section<sidenote>Taxes of foreign subsidiary.Proportion of foreign tax on dividends received deemed to have been paid.</sidenote> a domestic corporation which owns a majority of the voting stock of a foreign corporation from which it receives dividends in any taxable year shall be deemed to have paid the same proportion of any income, war-profits, or excess-profits taxes paid by such foreign corporation to any foreign country or to any possession of the United States, upon or with respect to the accumulated profits of such foreign corporation from which such dividends were paid, which the amount of such dividends bears to the amount of such accumulated profits: <proviso> Provided, That the amount of tax deemed to have been paid under<sidenote>Proviso.Limit on credit allowed.</sidenote> this subsection shall in no case exceed the same proportion of the tax against which credit is taken which the amount of such dividends bears to the amount of the entire net income of the domestic corporation in which such dividends are included. The term<sidenote>Meaning of “accumulated profits.”</sidenote> “accumulated profits” when used in this subsection in reference to a foreign corporation, means the amount of its gains, profits, or income in excess of the income, war-profits, and excess-profits taxes imposed upon or with respect to such profits or income; and the<sidenote>Determination of, by Commissioner.</sidenote> Commissioner with the approval of the Secretary shall have full power to determine from the accumulated profits of what year or years such dividends were paid; treating dividends paid in the first sixty days of any year as having been paid from the accumulated profits of the preceding year or years (unless to his satisfaction shown otherwise), and in other respects treating dividends as having been paid from the most recently accumulated gains, profits, or earnings. In the case of a foreign corporation, the income, warprofits,<sidenote>Accounting period for foreign corporation.</sidenote> and excess-profits taxes of which are determined on the basis of an accounting period of less than one year, the word “year” as used in this subsection shall be construed to mean such accounting period.</proviso> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Corporations Treated as Foreign</inline>.—</heading> <chapeau class="inline">For the purposes of this<sidenote>Corporations treated as foreign.</sidenote> section the following corporations shall be treated as foreign corporations:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">A corporation entitled to the benefits of section 251, by<sidenote>United States possessions.Post, p. 738.</sidenote> reason of receiving a large percentage of its gross income from sources within a possession of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">A corporation organized under the China Trade Act, 1922.<sidenote>China Trade Act corporations.Post, p. 739.</sidenote> and entitled to the credit provided for in section 261.</content> </paragraph> </subsection> </section> </level> <level> <num class="centered" value="C">Supplement D—</num> <heading class="inline">Returns and Payment of Tax<sidenote>RETURNS AND PAYMENT OF TAX.</sidenote></heading> <subheading class="centered">[Supplementary to Subtitle B, Part V]</subheading> <section class="indent0 firstIndent0 fontsize10"> <num value="141">SEC. 141. </num> <heading>CONSOLIDATED RETURNS OF RAILROAD CORPORATIONS.<sidenote>Consolidated returns of corporations.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Privilege to File Consolidated Returns</inline>.—</heading> <content class="inline">An affiliated<sidenote>Privilege of filing.</sidenote> group of corporations shall, subject to the provisions of this section, have the privilege of making a consolidated return for the taxable year in lieu of separate returns. The making of a consolidated return shall be upon the condition that all the corporations which<page identifier="/us/stat/48/721">721</page> have been members of the affiliated group at any time during the<sidenote>INCOME TAX.RETURNS AND PAYMENTS—Contd.</sidenote> taxable year for which the return is made consent to all the regulations under subsection (b) (or, in case such regulations are not<sidenote>Regulations to determine tax liability.</sidenote> prescribed prior to the making of the return, then the regulations prescribed under section 141(b) of the Revenue Act of 1932 insofar<sidenote>Vol. 47, p. 213.</sidenote> as not inconsistent with this Act) prescribed prior to the making of such return; and the making of a consolidated return shall be considered as such consent. In the case of a corporation which is a<sidenote>Fractional part of year.</sidenote> member of the affiliated group for a fractional part of the year the consolidated return shall include the income of such corporation for such part of the year as it is a member of the affiliated group.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Regulations</inline>.—</heading> <content class="inline">The Commissioner, with the approval of the<sidenote>Regulations to determine tax liability.</sidenote> Secretary, shall prescribe such regulations as he may deem necessary in order that the tax liability of any affiliated group of corporations making a consolidated return and of each corporation in the group, both during and after the period of affiliation, may be determined, computed, assessed, collected, and adjusted in such manner as clearly to reflect the income and to prevent avoidance of tax liability.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Computation and Payment of Tax</inline>.—</heading> <content class="inline">In any case in which<sidenote>Computation and payment of tax.</sidenote> a consolidated return is made the tax shall be determined, computed, assessed, collected, and adjusted in accordance with the regulations under subsection (b) (or, in case such regulations are<sidenote>Returns filed prior to making regulations.</sidenote> not prescribed prior to the making of the return, then the regulations prescribed under section 141(b) of the Revenue Act of 1932<sidenote>Vol. 47, p. 213.</sidenote> insofar as not inconsistent with this Act) prescribed prior to the date on which such return is made; except that there shall be added to the rate of tax prescribed by section 13(a) a rate of 2 per centum, but the tax at such increased rate shall be considered as imposed by section 13(a).</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Definition of “Affiliated Group”</inline>—</heading> <chapeau class="inline">As used in this section<sidenote>“Affiliated group” defined.</sidenote> an “affiliated group” means one or more chains of corporations connected through stock ownership with a common parent corporation if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">At least 95 per centum of the stock of each of the corporations<sidenote>Stock ownership of members.</sidenote> (except the common parent corporation) is owned directly by one or more of the other corporations; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The common parent corporation owns directly at least 95<sidenote>Of parent corporation.</sidenote> per centum of the stock of at least one of the other corporations; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Each of the corporations is either (A) a corporation whose<sidenote>Corporation defined for purposes of paragraph.</sidenote> principal business is that of a common carrier by railroad or (B) a corporation the assets of which consist principally of stock in such corporations and which does not itself operate a business other than that of a common carrier by railroad. For the purpose of determining whether the principal business of a corporation is that of a common carrier by railroad, if a common carrier by railroad has leased its railroad properties and such properties are operated as such by another common carrier by railroad, the business of receiving rents for such railroad properties shall be considered as the business of a common carrier by railroad.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">As used in this subsection (except in paragraph (3)) the term<sidenote>“Stock” defined.</sidenote> “stock” does not include nonvoting stock which is limited and preferred as to dividends.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Foreign Corporations</inline>.—</heading> <content class="inline">A foreign corporation shall not be<sidenote>Foreign corporations.</sidenote> deemed to be affiliated with any other corporation within the meaning of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">China Trade Act Corporations</inline>.—</heading> <content class="inline">A corporation organized<sidenote>China Trade Act corporations deemed not affiliated.</sidenote> under the China Trade Act, 1922, shall not be deemed to be affiliated with any other corporation within the meaning of this section.</content> </subsection> <page identifier="/us/stat/48/722">722</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Corporations Deriving Income From Possessions of United States</inline>.—</heading> <content class="inline"><sidenote>INCOME TAX.RETURNS AND PAYMENTS—Contd.</sidenote>For the purposes of this section a corporation entitled to the benefits of section 251, by reason of receiving a large percentage<sidenote>Corporations in United States possessions treated as foreign.</sidenote> of its income from possessions of the United States, shall be treated as a foreign corporation.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <heading><inline class="smallCaps">Subsidiary Formed to Comply With Foreign Law</inline>.—</heading> <content class="inline">In the<sidenote>Subsidiary of domestic corporation formed to comply with foreign law, deemed domestic.</sidenote> case of a domestic corporation owning or controlling, directly or indirectly, 100 per centum of the capital stock (exclusive of directors’ qualifying shares) of a corporation organized under the laws of a contiguous foreign country and maintained solely for the purpose of complying with the laws of such country as to title and operation of property, such foreign corporation may, at the option of the domestic corporation, be treated for the purpose of this title as a domestic corporation.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Suspension of Running of Statute of Limitations</inline>.—</heading> <content class="inline">If a<sidenote>Suspension of running of statute of limitations.Post, p. 741.</sidenote> notice under section 272(a) in respect of a deficiency for any taxable year is mailed to a corporation, the suspension of the running of the statute of limitations, provided in section 277, shall apply in the case of corporations with which such corporation made a consolidated return for such taxable year.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="j">(j) </num> <heading><inline class="smallCaps">Allocation of Income and Deductions</inline>.—</heading> <content class="inline">For allocation of<sidenote>Allocation of income and deductions.Ante, p. 695.</sidenote> income and deductions of related trades or businesses, see section 45.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="142">SEC. 142. </num> <heading>FIDUCIARY RETURNS.<sidenote>Fiduciary returns.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Requirement of Return</inline>.—</heading> <chapeau>Every fiduciary (except a receiver<sidenote>Sworn statements of income, etc., of beneficiaries.</sidenote> appointed by authority of law in possession of part only of the property of an individual) shall make under oath a return for any of the following individuals, estates, or trusts for which he acts, stating specifically the items of gross income thereof and the deductions and credits allowed under this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Every individual having a net income for the taxable year<sidenote>Net income of $1,000 or over, if single, etc.</sidenote> of $1,000 or over, if single, or if married and not living with husband or wife;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Every individual having a net income for the taxable year<sidenote>Married, etc., with $2,500 or over.</sidenote> of $2,500 or over, if married and living with husband or wife;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Every individual having a gross income for the taxable<sidenote>Gross, of $5,000 or over.</sidenote> year of $5,000 or over, regardless of the amount of his net income;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Every estate or trust the net income of which for the taxable<sidenote>Estates or trusts of $1,000 net income or over.</sidenote> year is $1,000 or over;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Every estate or trust the gross income of which for the<sidenote>Gross income of $5,000 or over.</sidenote> taxable year is $5,000 or over, regardless of the amount of the net income; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Every estate or trust of which any beneficiary is a nonresident<sidenote>Nonresident alien beneficiaries.</sidenote> alien.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Joint Fiduciaries</inline>.—</heading> <content class="inline">Under such regulations as the Commissioner<sidenote>By joint fiduciaries.</sidenote> with the approval of the Secretary may prescribe a return made by one of two or more joint fiduciaries and filed in the office of the collector of the district where such fiduciary resides shall be sufficient compliance with the above requirement. Such fiduciary<sidenote>Oath required.</sidenote> shall make oath (1) that he has sufficient knowledge of. the affairs of the individual, estate, or trust for which the return is made, to enable him to make the return, and (2) that the return is, to the best of his knowledge and belief, true and correct.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Law Applicable to Fiduciaries</inline>.—</heading> <content class="inline">Any fiduciary required to<sidenote>Subject to provisions applicable to individuals.</sidenote> make a return under this title shall be subject to all the provisions of law which apply to individuals.</content> </subsection> </section> <page identifier="/us/stat/48/723">723</page> <section class="indent0 firstIndent0 fontsize10"> <num value="143">SEC. 143. </num> <heading>WITHHOLDING OF TAX AT SOURCE.<sidenote>INCOME TAX.RETURNS AND PAYMENTS—Contd.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) <sidenote>Withholding tax at source.</sidenote></num> <heading><inline class="smallCaps">Tax Free Covenant Bonds</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Requirement of withholding</inline>.—</heading> <content class="inline">In any case where bonds,<sidenote>Tax-free covenant bonds. By corporations agreeing to pay interest, free from tax, etc.</sidenote> mortgages, or deeds of trust, or other similar obligations of a corporation, issued before January 1, 1934, contain a contract or provision by which the obligor agrees to pay any portion of the tax imposed by this title upon the obligee, or to reimburse the obligee for any portion of the tax, or to pay the interest without deduction for any tax which the obligor may be required or permitted to pay thereon, or to retain therefrom under any law of the United States, the obligor shall deduct and withhold a tax equal<sidenote>Tax withheld.</sidenote> to 2 per centum of the interest upon such bonds, mortgages, deeds of trust, or other obligations, whether such interest is payable annually or at shorter or longer periods, if payable to an individual, a partnership, or a foreign corporation not engaged in trade or business within the United States and not having any office or place of business therein: <proviso> Provided, That if the liability<sidenote>Provisos.Rates.</sidenote> assumed by the obligor does not exceed 2 per centum of the interest, then the deduction and withholding shall be at the following rates: (A) 4 per centum in the case of a nonresident alien individual, or<sidenote>Nonresident alien individual, etc.</sidenote> of any partnership not engaged in trade or business within the United States and not having any office or place of business therein and composed in whole or in part of nonresident aliens, (B) 13% per centum in the case of such a foreign corporation, and (C) 2 per centum in the case of other individuals and partnerships:</proviso> <proviso> Provided.<sidenote>From foreign corporations.Other individuals, etc. Unknown owners.</sidenote> further, That if the owners of such obligations are not known to the withholding agent the Commissioner may authorize such deduction and withholding to be at the rate of 2 per centum, or, if the liability assumed by the obligor does not exceed 2 per centum of the interest, then at the rate of 4 per centum.</proviso> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Benefit of credits against net income</inline>.—</heading> <content class="inline">Such deduction<sidenote>Benefit of credits against net income.</sidenote> and withholding shall not be required in the case of a citizen or resident entitled to receive such interest, if he files with the withholding agent on or before February 1 a signed notice in writing claiming the benefit of the credits provided in section 25 (b);<sidenote>Ante, p. 693.Nonresident alien.Post, p. 736.</sidenote> nor in the case of a nonresident alien individual if so provided for in regulations prescribed by the Commissioner under section 214.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Income of obligor and obligee</inline>.—</heading> <content class="inline">The obligor shall not be<sidenote>Restriction on obligor and obligee.</sidenote> allowed a deduction for the payment of the tax imposed by this title, or any other tax paid pursuant to the tax-free covenant clause, nor shall such tax be included in the gross income of the obligee.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Nonresident Aliens</inline>.—</heading> <content class="inline">All persons, in whatever capacity<sidenote>Nonresident aliens.Normal tax payable at source.</sidenote> acting, including lessees or mortgagors of real or personal property, fiduciaries, employers, and all officers and employees of the United States, having the control, receipt, custody, disposal, or payment of interest (except interest on deposits with persons carrying on the banking business paid to persons not engaged in business in the United States and not having an office or place of business therein), rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income, of any nonresident alien individual, or of any partnership not engaged in trade or business within the United States and not having any office or place of business therein and composed in whole or in part of nonresident aliens, (other than income received as dividends of the class allowed as a credit by<sidenote>Exception.Ante, p. 692.</sidenote> section 25(a)) shall (except in the cases provided for in subsection<page identifier="/us/stat/48/724">724</page> (a) of this section and except as otherwise provided in regulations<sidenote>INCOME TAX.RETURNS AND PAYMENTS—Contd.</sidenote> prescribed by the Commissioner under section 214) deduct and withhold from such annual or periodical gains, profits, and income a tax equal to 4 per centum thereof: <proviso> Provided, That the Commissioner<sidenote>Proviso.Interest of unknown owners.</sidenote> may authorize such tax to be deducted and withheld from the interest upon any securities the owners of which are not known to the withholding agent.</proviso> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Return and Payment</inline>.—</heading> <content class="inline">Every person required to deduct and<sidenote>Return and payment required.</sidenote> withhold any tax under this section shall make return thereof on or before March 15 of each year and shall on or before June 15, in lieu of the time prescribed in section 56, pay the tax to the official<sidenote>Ante, p. 698.</sidenote> of the United States Government authorized to receive it. Every such person is hereby made liable for such tax and is hereby indemnified<sidenote>Payment</sidenote> against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Income of Recipient</inline>.—</heading> <content class="inline">Income upon which any tax is required<sidenote>Return by recipient of tax withheld.</sidenote> to be withheld at the source under this section shall be included in the return of the recipient of such income, but any amount of tax so withheld shall be credited against the amount of income tax as computed in such return.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Tax Paid by Recipient</inline>.—</heading> <content class="inline">If any tax required under this section<sidenote>Tax paid by recipient.</sidenote> to be deducted and withheld is paid by the recipient of the income, it shall not be re-collected from the withholding agent; nor in cases in which the tax is so paid shall any penalty be imposed upon or collected from the recipient of the income or the withholding agent for failure to return or pay the same, unless such failure was fraudulent and for the purpose of evading payment.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Refunds and Credits</inline>.—</heading> <content class="inline">Where there has been an overpayment<sidenote>Refunds and credits to withholding agent.</sidenote> of tax under this section any refund or credit made under the provisions of section 322 shall be made to the withholding agent unless the amount of such tax was actually withheld by the withholding agent.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="144">SEC. 144. </num> <heading>PAYMENT OF CORPORATION INCOME TAX AT SOURCE.<sidenote>Payment at source.</sidenote></heading> <content>In the case of foreign corporations subject to taxation under this<sidenote>By foreign corporations not in business in United States.</sidenote> title not engaged in trade or business within the United States and not having any office or place of business therein, there shall be deducted and withheld at the source in the same manner and upon the same items of income as is provided in section 143 a tax equal to 13¾ per centum, and such tax shall be returned and paid in the<sidenote>Rates.</sidenote> same manner and subject to the same conditions as provided in that section: <proviso> Provided, That in the case of interest described in subsection<sidenote>Proviso.Rate when interest granted tax free.</sidenote> (a) of that section (relating to tax-free covenant bonds) the deduction and withholding shall be at the rate specified in such subsection.</proviso> </content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="145">SEC. 145. </num> <heading>PENALTIES.<sidenote>Penalties.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Any person required under this title to pay any tax, or<sidenote>For willful failure to pay tax, make returns, etc.</sidenote> required by law or regulations made under authority thereof to make a return, keep any records, or supply any information, for the purposes of the computation, assessment, or collection of any tax imposed by this title, who willfully fails to pay such tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, be fined not more than $10,000, or imprisoned<sidenote>Punishment for.</sidenote> for not more than one year, or both, together with the costs of prosecution.</content> </subsection> <page identifier="/us/stat/48/725">725</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Any person required under this title to collect, account for,<sidenote>INCOME TAX.RETURNS and PAYMENTS—Contd.</sidenote> and pay over any tax imposed by this title, who willfully fails to<sidenote>Willful failure to collect, etc., tax, evading payment, etc.</sidenote> collect or truthfully account for and pay over such tax, and any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof, shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both, together with the costs of prosecution.</content> </subsection> <subsection class="inline"> <num value="c">(c) </num> <content class="inline">The term “person” as used in this section includes an officer<sidenote>Punishment for.“Person” liable for acts.</sidenote> or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="146">SEC. 146. </num> <heading>CLOSING BY COMMISSIONER OF TAXABLE YEAR.<sidenote>Closing of taxable year.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Tax in Jeopardy</inline>.—</heading> <content class="inline">If the Commissioner finds that a taxpayer<sidenote>Tax in jeopardy.Immediate payment demanded if Commissioner finds taxpayer’s acts prejudice collection.</sidenote> designs quickly to depart from the United States or to remove his property therefrom, or to conceal himself or his property therein, or to do any other act tending to prejudice or to render wholly or partly ineffectual proceedings to collect the tax for the taxable year then last past or the taxable year then current unless such proceedings be brought without delay, the Commissioner shall declare the taxable period for such taxpayer immediately terminated and shall<sidenote>Notice of finding, etc., to be given.</sidenote> cause notice of such finding and declaration to be given the taxpayer, together with a demand tor immediate payment of the tax for the taxable period so declared terminated and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired; and such taxes shall thereupon become immediately due and payable. In any proceeding in court brought to<sidenote>Finding presumption of intent.</sidenote> enforce payment of taxes made due and payable by virtue of the provisions of this section the finding of the Commissioner, made as herein provided, whether made after notice to the taxpayer or not, shall be for all purposes presumptive evidence of the taxpayer’s design.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Security for Payment</inline>.—</heading> <content class="inline">A taxpayer who is not in default<sidenote>Security for payment.</sidenote> in making any return or paying income, war-profits, or excess-profits tax under any Act of Congress may furnish to the United States, under regulations to be prescribed by the Commissioner, with the approval of the Secretary, security approved by the Commissioner that he will duly make the return next thereafter required to be filed and pay the tax next thereafter required to be paid. The Commissioner<sidenote>Condition of acceptance.</sidenote> may approve and accept in like manner security for return and payment of taxes made due and payable by virtue of the provisions of this section, provided the taxpayer has paid in full all other income, war-profits, or excess-profits taxes due from him under any Act of Congress.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Same—Exemption from Section</inline>.—</heading> <content class="inline">If security is approved<sidenote>Enforcement suspended on approval of bond.</sidenote> and accepted pursuant to the provisions of this section and such further or other security with respect to the tax or taxes covered thereby is given as the Commissioner shall from time to time find necessary and require, payment of such taxes shall not be enforced by any proceedings under the provisions of this section prior to the expiration of the time otherwise allowed for paying such respective taxes.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Citizens</inline>.—</heading> <content class="inline">In the case of a citizen of the United States or of<sidenote>Discretionary waiver of requirements as to citizens</sidenote> a possession of the United States about to depart from the United States the Commissioner may, at his discretion, waive any or all of the requirements placed on the taxpayer by this section.</content> </subsection> <page identifier="/us/stat/48/726">726</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Departure of Alien</inline>.—</heading> <content class="inline">No alien shall depart from the United<sidenote>INCOME TAX.RETURNS AND PAYMENTS—Contd.</sidenote> States unless he first procures from the collector or agent in charge a certificate that he has complied with all the obligations imposed<sidenote>Aliens to furnish taxpaid certificate before going abroad.</sidenote> upon him by the income, war-profits, and excess-profits tax laws.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Addition to Tax</inline>.—</heading> <content class="inline">If a taxpayer violates or attempts to violate this section there shall, in addition to all other penalties, be added as part of the tax 25 per centum of the total amount of the tax or deficiency in the tax, together with interest at the rate of 1 per centum a month from the time the tax became due.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="147">SEC. 147. </num> <heading>INFORMATION AT SOURCE.<sidenote>Information at source.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Payments of $1,000 or More</inline>.—</heading> <content class="inline">All persons, in whatever<sidenote>Persons making fixed payment to others of $1,000 or more, to render returns thereof.</sidenote> capacity acting, including lessees or mortgagors of real or personal property, fiduciaries, and employers, making payment to another person, of interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable<sidenote>Exceptions.</sidenote> gains, profits, and income (other than payments described in section 148(a) or 149), of $1,000 or more in any taxable year, or, in the case of such payments made by the United States, the officers or employees of the United States having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, shall render a true and accurate return to the Commissioner, under such regulations and in such form and manner and to such extent as may be prescribed by him with the approval of the Secretary, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Returns Regardless of Amount of Payment</inline>.—</heading> <content class="inline">Such returns<sidenote>Regardless of amounts.Interest on corporation bonds, etc.</sidenote> may be required, regardless of amounts, (1) in the case of payments of interest upon bonds, mortgages, deeds of trust, or other similar obligations of corporations, and (2) in the case of collections of items (not payable in the United States) of interest upon the bonds of foreign countries and interest upon the bonds of and dividends<sidenote>Collecting foreign coupons, etc.</sidenote> from foreign corporations by persons undertaking as a matter of business or for profit the collection of foreign payments of such interest or dividends by means of coupons, checks, or bills of exchange.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Recipient to Furnish Name and Address</inline>.—</heading> <content class="inline">When necessary<sidenote>Name and address of recipient.</sidenote> to make effective the provisions of this section the name and address of the recipient of income shall be furnished upon demand of the person paying the income.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Obligations of United States</inline>.—</heading> <content class="inline">The provisions of this<sidenote>Not applicable to Federal securities.</sidenote> section shall not apply to the payment of interest on obligations of the United States.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="148">SEC. 148. </num> <heading>INFORMATION BY CORPORATIONS.<sidenote>Information by corporations.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Dividend Payments</inline>.—</heading> <content class="inline">Every corporation subject to the tax<sidenote>Sworn returns of dividend payments.</sidenote> imposed by this title shall, when required by the Commissioner, render a correct return, duly verified under oath, of its payments of dividends, stating the name and address of each shareholder, the number of shares owned by him, and the amount of dividends paid to him.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Profits Declared as Dividends</inline>.—</heading> <content class="inline">Every corporation shall,<sidenote>Detailed statement of profits, etc., declared as dividends.</sidenote> when required by the Commissioner, furnish him a statement of such facts as will enable him to determine the portion of the earnings or profits of the corporation (including gains, profits, and income not taxed) accumulated during such periods as the Commissioner may specify, which have been distributed or ordered to be<page identifier="/us/stat/48/727">727</page> distributed, respectively, to its shareholders during such taxable<sidenote>INCOME TAX.RETURNS AND PAYMENTS—CONTD.</sidenote> years as the Commissioner may specify.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Accumulated Gains and Profits</inline>.—</heading> <content class="inline">When requested by the<sidenote>Accumulated gains and profits and names, etc., entitled thereto, if distributed.</sidenote> Commissioner, or any collector, every corporation shall forward to him a correct statement of accumulated gains and profits and the names and addresses of the individuals or shareholders who would be entitled to the same if divided or distributed, and of the amounts that would be payable to each.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Compensation of Officers and Employees</inline>.—</heading> <content class="inline">Under regulations<sidenote>Corporations to submit names of officers, etc., receiving more than $15,000 during taxable year.</sidenote> prescribed by the Commissioner with the approval of the Secretary, every corporation subject to taxation under this title shall, in its return, submit a list of the names of all officers and employees of such corporation and the respective amounts paid to them during the taxable year of the corporation by the corporation as salary, commission, bonus, or other compensation for personal services rendered, if the aggregate amount so paid to the individual is in excess of $15,000. The Secretary of the Treasury shall submit<sidenote>Report thereof to Congress.</sidenote> an annual report to Congress compiled from, the returns made containing the names of, and amounts paid to, each such officer and employee and the name of the paying corporation.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="149">SEC. 149. </num> <heading>RETURNS OF BROKERS.<sidenote>Returns of brokers.</sidenote></heading> <content>Every person doing business as a broker shall, when required by<sidenote>Sworn returns of all business transactions.</sidenote> the Commissioner, render a correct return duly verified under oath, under such rules and regulations as the Commissioner, with the approval of the Secretary, may prescribe, showing the names of customers for whom such person has transacted any business, with such details as to the profits, losses, or other information which the Commissioner may require, as to each of such customers, as will enable the Commissioner to determine whether all income tax due on profits or gains of such customers has been paid.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="150">SEC. 150. </num> <heading>COLLECTION OF FOREIGN ITEMS.<sidenote>Collection of foreign items.</sidenote></heading> <content>All persons undertaking as a matter of business) or for profit the<sidenote>License required for collecting foreign coupons, etc.</sidenote> collection of foreign payments of interest or dividends by means of coupons, checks, or bills of exchange shall obtain a license from the Commissioner and shall be subject to such regulations enabling the Government to obtain the information required under this title as the Commissioner, with the approval of the Secretary, shall prescribe; and whoever knowingly undertakes to collect such<sidenote>Punishment for violation.</sidenote> payments without having obtained a license therefor, or without complying with such regulations, shall be guilty of a misdemeanor and shall be fined not more than $5,000 or imprisoned for not more than one year, or both.</content> </section> </level> <level> <num class="centered" value="E">Supplement E—</num> <heading class="inline">Estates and Trusts<sidenote>ESTATES AND TRUSTS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="161">SEC. 161. </num> <heading>IMPOSITION OF TAX.<sidenote>Imposition of tax.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Application of Tax</inline>.—</heading> <chapeau class="inline">The taxes imposed by this title upon<sidenote>Application of tax.</sidenote> individuals shall apply to the income of estates or of any kind of property held in trust, including—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Income accumulated in trust for the benefit of unborn or<sidenote>Trust accumulations.</sidenote> unascertained persons or persons with contingent interests, and income accumulated or held for future distribution under the terms of the will or trust;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Income which is to be distributed currently by the fiduciary<sidenote>Periodically distributed.</sidenote> to the beneficiaries, and income collected by a guardian of an infant which is to be held or distributed as the court may direct;</content> </paragraph> <page identifier="/us/stat/48/728">728</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Income received by estates of deceased persons during the<sidenote>INCOME TAX.ESTATES AND TRUSTS—Contd.</sidenote> period of administration or settlement of the estate; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Income which, in the discretion of the fiduciary, may be<sidenote>Received during administration.Discretionary distribution.</sidenote> either distributed to the beneficiaries or accumulated.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Computation and Payment</inline>.—</heading> <content class="inline">The tax shall be computed<sidenote>Computation; payment by fiduciary.</sidenote> upon the net income of the estate or trust, and shall be paid by the fiduciary, except as provided in section 166 (relating to revocable<sidenote>Exceptions.</sidenote> trusts) and section 167 (relating to income for benefit of the<sidenote>Post, p. 729.</sidenote> grantor). For return made by beneficiary, see section 142.<sidenote>Ante, p. 722.</sidenote> </content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="162">SEC. 162. </num> <heading>NET INCOME.<sidenote>Net income.</sidenote></heading> <chapeau class="indent0 firstIndent1 fontsize10">The net income of the estate or trust shall be computed in the<sidenote>Computation.</sidenote> same manner and on the same basis as in the case of an individual, except that—</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">There shall be allowed as a deduction (in lieu of the deduction<sidenote>Deduction without limitation of gifts, etc., under will or trust.</sidenote> for charitable, etc., contributions authorized by section 23 (o)) any part of the gross income, without limitation, which pursuant<sidenote>Ante, p. 690</sidenote> to the terms of the will or deed creating the trust, is during the taxable year paid or permanently set aside for the purposes and in the manner specified in section 23 (o), or is to be used exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, or for the establishment, acquisition, maintenance or operation of a public cemetery not operated for profit;</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">There shall be allowed as an additional deduction in computing<sidenote>Additional deductions for current distributions by fiduciary.</sidenote> the net income of the estate or trust the amount of the income of the estate or trust for its taxable year which is to be distributed currently by the fiduciary to the beneficiaries, and the amount of the income collected by a guardian of an infant which is to be held or distributed as the court may direct, but the amount so allowed as a deduction shall be included in computing the net income of the beneficiaries whether distributed to them or not. Any<sidenote>Limitation.</sidenote> amount allowed as a deduction under this paragraph shall not be allowed as a deduction under subsection (c) of this section in the same or any succeeding taxable year;</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">In the case of income received by estates of deceased persons<sidenote>Additional deduction for payment made or credited to beneficiary, etc.</sidenote> during the period of administration or settlement of the estate, and in the case of income which, in the discretion of the fiduciary, may be either distributed to the beneficiary or accumulated, there shall be allowed as an additional deduction in computing the net income of the estate or trust the amount of the income of the estate or trust for its taxable year, which is properly paid or credited during such year to any legatee, heir, or beneficiary, but the amount so<sidenote>To be included in income of beneficiary.</sidenote> allowed as a deduction shall be included in computing the net income of the legatee, heir, or beneficiary.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="163">SEC. 163. </num> <heading>CREDITS AGAINST NET INCOME.<sidenote>Credits against net income.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Credits of Estate or Trust</inline>.—</heading> <content class="inline">For the purpose of the normal<sidenote>Normal tax, etc., personal exemptions allowed to heirs, etc.</sidenote> tax and the surtax the estate or trust shall be allowed the same personal exemption as is allowed to a single person under section 25(b)(1), and, if no part of the income of the estate or trust is<sidenote>Ante, p. 693.</sidenote> included in computing the net income of any legatee, heir, or beneficiary, then in addition the same credits against net income for dividends and interest as are allowed by section 25(a).</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Credits of Beneficiary</inline>.—</heading> <content class="inline">If any part of the income of an<sidenote>Credits of beneficiary in computing income.</sidenote> estate or trust is included in computing the net income of any legatee, heir, or beneficiary, such legatee, heir, or beneficiary shall, for the purpose of the normal tax, be allowed as credits against<page identifier="/us/stat/48/729">729</page> net income, in addition to the credits allowed to him under section<sidenote>INCOME TAX.ESTATES AND TRUSTS.—Contd.</sidenote> 25, his proportionate share of such amounts of dividends and interest specified in section 25(a) as are, under this Supplement, required to be included in computing his net income. Any remaining portion of such amounts specified in section 25(a) shall, for the purpose<sidenote>Allowance as credits to estate, etc.</sidenote> of the normal tax, be allowed as credits to the estate or trust.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="164">SEC. 164. </num> <heading>DIFFERENT TAXABLE YEARS.<sidenote>Different taxable years.</sidenote></heading> <content>If the taxable year of a beneficiary is different from that of the<sidenote>Computation if taxable year of estate or trust and beneficiary differ.</sidenote> estate or trust, the amount which he is required, under section 162(b), to include in computing his net income, shall be based upon the income of the estate or trust for any taxable year of the estate or trust (whether beginning on, before, or after January 1, 1934) ending within his taxable year.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="165">SEC. 165. </num> <heading>EMPLOYEES’ TRUSTS.<sidenote>Employees’ trusts.</sidenote></heading> <content>A trust created by an employer as a part of a stock bonus, pension,<sidenote>Profit-sharing trusts, etc., for employees, not taxed.</sidenote> or profit-sharing plan for the exclusive benefit of some or all of his employees, to which contributions are made by such employer, or employees, or both, for the purpose of distributing to such employees the earnings and principal of the fund accumulated by the trust in accordance with such plan, shall not be taxable under section 161, but the amount actually distributed or made available<sidenote>Ante, p. 727. Distributees taxed on amount received.</sidenote> to any distributee shall be taxable to him in the year in which so distributed or made available to the extent that it exceeds the amounts paid in by him. Such distributees shall for the purpose of the normal tax be allowed as credits against net income such<sidenote>Credits.Ante, p. 692.</sidenote> part of the amount so distributed or made available as represents the items of dividends and interest specified in section 25(a).</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="166">SEC. 166. </num> <heading>REVOCABLE TRUSTS.<sidenote>Revocable trusts.</sidenote></heading> <chapeau class="indent0 firstIndent1 fontsize10">Where at any time the power to revest in the grantor title to any<sidenote>Income therefrom computed with grantor’s net income.</sidenote> part of the corpus of the trust is vested—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the grantor, either alone or in conjunction with any person not having a substantial adverse interest in the disposition of such part of the corpus or the income therefrom, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">in any person not having a substantial adverse interest in the disposition of such part of the corpus or the income therefrom, then the income of such part of the trust shall be included in computing the net income of the grantor.</content> </paragraph> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="167">SEC. 167. </num> <heading>INCOME FOR BENEFIT OF GRANTOR.<sidenote>Income for benefit of grantor.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">Where any part of the income of a trust—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">is, or in the discretion of the grantor or of any person not<sidenote>When held for future distribution.</sidenote> having a substantial adverse interest in the disposition of such part of the income may be, held or accumulated for future distribution to the grantor; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">may, in the discretion of the grantor or of any person not<sidenote>When distributed to grantor.Application to life insurance premiums.</sidenote> having a substantial adverse interest in the disposition of such part of the income, be distributed to the grantor; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">is, or in the discretion of the grantor or of any person not having a substantial adverse interest in the disposition of such part of the income may be, applied to the payment of premiums upon policies of insurance on the life of the grantor (except policies of insurance irrevocably payable for the purposes and in the manner specified in section 23 (o), relating to the so-called “charitable<sidenote>Ante, p. 690.</sidenote> contribution” deduction);</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">then such part of the income of the trust shall be included in computing the net income of the grantor.</continuation> </subsection> <page identifier="/us/stat/48/730">730</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">As used in this section, the term “in the discretion of the<sidenote>INCOME TAX.ESTATES AND TRUSTS—Contd.</sidenote> grantor” means “in the discretion of the grantor, either alone or in<sidenote>“In the discretion of the grantor” defined.</sidenote> conjunction with any person not having a substantial adverse interest in the disposition of the part of the income in question”.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="168">SEC. 168. </num> <heading>TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF UNITED STATES.<sidenote>Taxes of foreign countries, etc.</sidenote></heading> <content>The amount of income, war-profits, and excess-profits taxes<sidenote>Allowance against tax of beneficiary.</sidenote> imposed by foreign countries or possessions of the United States shall be allowed as credit against the tax of the beneficiary of an estate or trust to the extent provided in section 131.<sidenote>Ante, p. 718.</sidenote> </content> </section> </level> <level> <num class="centered" value="F">Supplement F—</num> <heading class="inline">Partnerships<sidenote>PARTNERSHIPS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="181">SEC. 181. </num> <heading>PARTNERSHIP NOT TAXABLE.</heading> <content>Individuals carrying on business in partnership shall be liable for<sidenote>Individual liability only.</sidenote> income tax only in their individual capacity.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="182">SEC. 182. </num> <heading>TAX OF PARTNERS.<sidenote>Tax of partners.</sidenote></heading> <content>There shall be included in computing the net income of each partner<sidenote>Distributive share included in net income.</sidenote> his distributive share, whether distributed or not, of the net income of the partnership for the taxable year.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="183">SEC. 183. </num> <heading>COMPUTATION OF PARTNERSHIP INCOME.<sidenote>Partnership income.</sidenote></heading> <content>The net income of the partnership shall be computed in the same<sidenote>Computation of.</sidenote> manner and on the same basis as in the case of an individual.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="184">SEC. 184. </num> <heading>CREDITS AGAINST NET INCOME.<sidenote>Credits against net income.</sidenote></heading> <content>The partner shall, for the purpose of the normal tax, be allowed as<sidenote>Additional, from partnership exemptions.Ante, p. 692.</sidenote> a credit against his net income, in addition to the credits allowed to him under section 25, his proportionate share of such amounts (not in excess of the net income of the partnership) of dividends and interest specified in section 25 (a) as are received by the partnership.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="185">SEC. 185. </num> <heading>EARNED INCOME.<sidenote>Earned income.</sidenote></heading> <content>In the case of the members of a partnership the proper part of<sidenote>Determination of.</sidenote> each share of the net income which consists of earned income shall be determined under rules and regulations to be prescribed by the Commissioner with the approval of the Secretary and shall be separately shown in the return of the partnership.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num>SEC. 186. </num> <heading>TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF UNITED STATES.<sidenote>Foreign, etc., taxes.</sidenote></heading> <content>The amount of income, war-profits, and excess-profits taxes<sidenote>Credit for, allowed partners.Ante, p. 718.</sidenote> imposed by foreign countries or possessions of the United States shall be allowed as a credit against the tax of the member of a partnership to the extent provided in section 131.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="187">SEC. 187. </num> <heading>PARTNERSHIP RETURNS.<sidenote>Partnership returns.</sidenote></heading> <content>Every partnership shall make a return for each taxable year,<sidenote>Sworn statement of gross income, etc.</sidenote> stating specifically the items of its gross income and the deductions allowed by this title, and shall include in the return the names and addresses of the individuals who would be entitled to share in the net income if distributed and the amount of the distributive share of each individual. The return shall be sworn to by any one of the partners.</content> </section> <page identifier="/us/stat/48/731">731</page> <section class="indent0 firstIndent0 fontsize10"> <num value="188">SEC. 188. </num> <heading>DIFFERENT TAXABLE YEARS OF PARTNER AND PARTNERSHIP.<sidenote>INCOME TAX.PARTNERSHIPS—Contd.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <content>If the taxable year of a partner is different<sidenote>Taxable years of partner and partnership. If taxable year of partner differs from that of partnership.</sidenote> from that of the partnership, the distributive share of the net income of the partnership to be included in computing the net income of the partner for his taxable year shall be based upon the net income of the partnership for any taxable year of the partnership (whether beginning on, before, or after January 1, 1934) ending within the taxable year of the partner.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Partnership Years Beginning in 1933</inline>.—</heading> <content class="inline">For the purpose of<sidenote>Partnership years beginning in 1933.Computation under Act of 1932.Vol. 47, pp. 191, 223.</sidenote> computing the net income of a partner for a taxable year beginning after December 31, 1933, the partnership net income for any taxable year of the partnership beginning before January 1, 1934, shall be computed under the Revenue Act of 1932, without regard to sections 101 and 186 thereof (relating to capital net gain and capital net<sidenote>Ante, p. 714.</sidenote> loss) but as if section 117 of this Act (except subsection (d) thereof) had formed a part of Title I of the Revenue Act of 1932.</content> </subsection> </section> </level> <level> <num class="centered" value="G">Supplement G—</num> <heading class="inline">Insurance Companies<sidenote>INSURANCE COMPANIES.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="201">SEC. 201. </num> <heading>TAX ON LIFE INSURANCE COMPANIES.<sidenote>Tax on life insurance companies.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading> <content class="inline">When used in this title the term “life insurance<sidenote>“Life insurance company” defined.</sidenote> company” means an insurance company engaged in the business of issuing life insurance and annuity contracts (including contracts of combined life, health, and accident insurance), the reserve funds of which held for the fulfillment of such contracts comprise more than 50 per centum of its total reserve funds.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Rate of Tax</inline>.—</heading> <chapeau class="inline">In lieu of the tax imposed by section 13,<sidenote>Rate of tax on net incomes.Ante, p. 686.</sidenote> there shall be levied, collected, and paid for each taxable year upon the net income of every life insurance company a tax as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">In the case of a domestic life insurance company, 13¾<sidenote>Domestic.</sidenote> per centum of the amount of its net income in excess of the credit provided in subsection (c) of this section;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">In the case of a foreign life insurance company, 13¾ per<sidenote>Foreign.</sidenote> centum of the amount of its net income from sources within the United States in excess of the credit provided in subsection (c) of this section.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">For the purpose only of the tax imposed by this section<sidenote>Credits allowed corporations.</sidenote> there shall be allowed as a credit against net income (or, in the case of a foreign life insurance company, against net income from sources within the United States) the amount received as interest upon<sidenote>Interest on U.S. securities.</sidenote> obligations of the United States or of corporations organized under Act of Congress which is allowed to an individual as a credit for purposes of normal tax by section 25(a)(2) or (3). In the case<sidenote>Ante, p. 692.</sidenote> of a foreign life insurance company the credit shall not exceed<sidenote>Foreign companies, limitation.</sidenote> an amount which bears the same ratio to the amount otherwise allowed as a credit as the reserve funds required by law and held by it at the end of the taxable year upon business transacted within the United States is of the reserve funds held by it at the end of the taxable year upon all business transacted.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="202">SEC. 202. </num> <heading>GROSS INCOME OF LIFE INSURANCE COMPANIES.<sidenote>Gross income, life insurance companies.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">In the case of a life insurance company the term “gross<sidenote>“Gross income” defined.</sidenote> income” means the gross amount of income received during the taxable year from interest, dividends, and rents.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The term “reserve funds required by law” includes, in the<sidenote>“Reserve funds required by law”.</sidenote> case of assessment insurance, sums actually deposited by any company or association with State or Territorial officers pursuant to<sidenote>Application of.</sidenote> law as guaranty or reserve funds, and any funds maintained under<page identifier="/us/stat/48/732">732</page> the charter or articles of incorporation, of the company or association<sidenote>INCOME TAX.INSURANCE COMPANIES—Contd.</sidenote> exclusively for the payment of claims arising under certificates of membership or policies issued upon the assessment plan and not subject to any other use.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="203">SEC. 203. </num> <heading>NET INCOME OF LIFE INSURANCE COMPANIES.<sidenote>Net income.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <chapeau class="inline">In the case of a life insurance company<sidenote>Deductions from.</sidenote> the term “net income” means the gross income less—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Tax-free interest</inline>.—</heading> <content class="inline">The amount of interest received during<sidenote>Tax-free interest.Ante, p. 687.</sidenote> the taxable year which under section 22(b)(4) is excluded from gross income;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Reserve funds</inline>.—</heading> <content class="inline">An amount equal to 4 per centum of the<sidenote>Reserved funds required by law.</sidenote> mean of the reserve funds required by law and held at the beginning and end of the taxable year, except that in the case of any such reserve fund which is computed at a lower interest assumption rate, the rate of 3¾ per centum shall be substituted for 4<sidenote>Policies of combined insurance.Weekly payment plan.</sidenote> per centum. Life insurance companies issuing policies covering life, health, and accident insurance combined in one policy issued on the weekly premium payment plan, continuing for life and not subject to cancellation, shall be allowed, in addition to the above, a deduction of 3¾ per centum of the mean of such reserve funds<sidenote>Reserves not required by law.</sidenote> (not required by law) held at the beginning and end of the taxable year, as the Commissioner finds to be necessary for the protection of the holders of such policies only;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Dividends</inline>.—</heading> <content class="inline">The amount received as dividends from a<sidenote>Dividends from domestic corporations.</sidenote> domestic corporation which is subject to taxation under this title, other than a, corporation entitled to the benefits of section 251, and<sidenote>Post, p. 738.</sidenote> other than a corporation organized under the China Trade Act, 1922;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Reserve for dividends</inline>.—</heading> <content class="inline">An amount equal to 2 per centum<sidenote>Reserves for deferred dividends.</sidenote> of any sums held at the end of the taxable year as a reserve for dividends (other than dividends payable during the year following the taxable year) the payment of which is deferred for a period of not less than five years from the date of the policy contract;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Investment expenses</inline>.—</heading> <content class="inline">Investment expenses paid during<sidenote>Investment expenses.</sidenote> the taxable year: <proviso> Provided, That if any general expenses are in<sidenote>Proviso.Limitation on deduction.</sidenote> part assigned to or included in the investment expenses, the total deduction under this paragraph shall not exceed one-fourth of 1 per centum of the book value of the mean of the invested assets held at the beginning and end of the taxable year;</proviso> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Real estate expenses</inline>.—</heading> <content class="inline">Taxes and other expenses paid<sidenote>Realty, etc., taxes.</sidenote> during the taxable year exclusively upon or with respect to the real estate owned by the company, not including taxes assessed<sidenote>Exception.</sidenote> against local benefits of a kind tending to increase the value of the property assessed, and not including any amount paid out for new buildings, or for permanent improvements or betterments made to increase the value of any property. The deduction<sidenote>If tax paid on shareholder’s interest.</sidenote> allowed by this paragraph shall be allowed in the case of taxes imposed upon a shareholder of a company upon his interest as shareholder, which are paid by the company without reimbursement from the shareholder, but in such cases no deduction shall be allowed the shareholder for the amount of such taxes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">Depreciation</inline>.—</heading> <content class="inline">A reasonable allowance, as provided in section<sidenote>Property depreciation.</sidenote> 23(1), for the exhaustion, wear and tear of property, including a reasonable allowance for obsolescence; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <heading><inline class="smallCaps">Interest</inline>.—</heading> <content class="inline">All interest paid within the taxable year on its<sidenote>Interest on indebtedness; exception.</sidenote> indebtedness, except on indebtedness incurred or continued to purchase or carry obligations (other than obligations of the<page identifier="/us/stat/48/733">733</page> United States issued after September 24, 1917, and originally<sidenote>INCOME TAX.INSURANCE COMPANIES—Contd.</sidenote> subscribed for by the taxpayer) the interest upon which is wholly exempt from taxation under this title.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Rental Value of Real Estate</inline>.—</heading> <content class="inline">The deduction under subsection<sidenote>Rental value of real estate.Deduction of proportionate part of depreciation, etc., expenses.</sidenote> (a) (6) or (7) of this section on account of any real estate owned and occupied in whole or in part by a life insurance company, shall be limited to an amount which bears the same ratio to such deduction (computed without regard to this subsection) as<sidenote>Determination of.</sidenote> the rental value of the space not so occupied bears to the rental value of the entire property.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Foreign Life Insurance Companies</inline>.—</heading> <content class="inline">In the case of a foreign<sidenote>Foreign life insurance companies.Net income on business in United States.</sidenote> life insurance company the amount of its net income for any taxable year from sources within the United States shall be the same proportion of its net income for the taxable year from sources within and without the United States, which the reserve funds required by law and held by it at the end of the taxable year upon business transacted within the United States is of the reserve funds held by it at the end of the taxable year upon all business transacted.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="204">SEC. 204. </num> <heading>INSURANCE COMPANIES OTHER THAN LIFE OR MUTUAL.<sidenote>Insurance companies other than life or mutual.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Imposition of Tax</inline>.—</heading> <chapeau class="inline">In lieu of the tax imposed by section 13<sidenote>Tax imposed.Ante, p. 686.</sidenote> of this title, there shall be levied, collected, and paid for each taxable year upon the net income of every insurance company (other than a life or mutual insurance company) a tax as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">In the case of such a domestic insurance company, 13¾<sidenote>Domestic companies.</sidenote> per centum of the amount of its net income in excess of the credit provided in subsection (f) of this section;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">In the case of such a foreign insurance company, 13¾ per<sidenote>Foreign companies.</sidenote> centum of the amount of its net income from sources within the United States in excess of the credit provided in subsection (f) of this section.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Definition of Income, Etc.</inline>—</heading> <chapeau class="inline">In the case of an insurance<sidenote>Definition of terms.</sidenote> company subject to the tax imposed by this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Gross income</inline>.—</heading> <content class="inline">“Gross income” means the sum of (A)<sidenote>“Gross income.”</sidenote> the combined gross amount earned during the taxable year, from investment income and from underwriting income as provided in this subsection, computed on the basis of the underwriting and investment exhibit of the annual statement approved by the National Convention of Insurance Commissioners, and (B) gain during the taxable year from the sale or other disposition of property, and (C) all other items constituting gross income under section 22;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Net income</inline>.—</heading> <content class="inline">“Net income” means the gross income as<sidenote>“Net income.”</sidenote> defined in paragraph (1) of this subsection less the deductions allowed by subsection (c) of this section;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Invest ment income</inline>.—</heading> <content class="inline"> “Investment income” means the<sidenote>“Investment income.”</sidenote> gross amount of income earned during the taxable year from interest, dividends, and rents, computed as follows: To all interest, dividends and rents received during the taxable<sidenote>Sources of.</sidenote> year, add interest, dividends and rents due and accrued at the end of the taxable year, and deduct all interest, dividends and rents due and accrued at the end of the preceding taxable year;<sidenote>“Underwriting income.”</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Underwriting income</inline>.—</heading> <content class="inline">“Underwriting income” means the premiums earned on insurance contracts during the taxable year less losses incurred and expenses incurred;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Premiums earned.</inline>—</heading> <content class="inline"> “Premiums earned on insurance contracts<sidenote>Premiums earned.</sidenote> during the taxable year” means an amount computed as follows: <page identifier="/us/stat/48/734">734</page> From the amount of gross premiums written on insurance contracts<sidenote>INCOME TAX.INSURANCE COMPANIES—Contd.</sidenote> during the taxable year, deduct return premiums and premiums paid for reinsurance. To the result so obtained add<sidenote>Computation of.</sidenote> unearned premiums on outstanding business at the end of the preceding taxable year and deduct unearned premiums on outstanding business at the end of the taxable year; </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Losses incurred</inline>.—</heading> <content class="inline"> “Losses incurred” means losses incurred<sidenote>“Losses incurred.”</sidenote> during the taxable year on insurance contracts, computed as follows: To losses paid during the taxable year, add salvage and reinsurance<sidenote>Computation of.</sidenote> recoverable outstanding at the end of the preceding taxable year, and deduct salvage and reinsurance recoverable outstanding at the end of the taxable year. To the result so obtained add all unpaid losses outstanding at the end of the taxable year and deduct unpaid losses outstanding at the end of the preceding taxable year; </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">Expenses incurred</inline>.—</heading> <content class="inline"> “Expenses incurred” means all<sidenote>“Expenses incurred.”</sidenote> expenses shown on the annual statement approved by the National Convention of Insurance Commissioners, and shall be computed as follows: To all expenses paid during the taxable year add expenses<sidenote>Computation of.</sidenote> unpaid at the end of the taxable year and deduct expenses unpaid at the end of the preceding taxable year. For the purpose of<sidenote>Net income.</sidenote> computing the net income subject to the tax imposed by this section there shall be deducted from expenses incurred as defined in this paragraph all expenses incurred which are not allowed as deductions by subsection (c) of this section. </content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Deductions Allowed</inline>.—</heading> <chapeau class="inline">In computing the net income of an<sidenote>Deductions allowed.</sidenote> insurance company subject to the tax imposed by this section there shall be allowed as deductions:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">All ordinary and necessary expenses incurred, as provided<sidenote>Business expenses.</sidenote> in section 23(a);<sidenote>Ante, p. 688.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">All interest as provided in section 23(b);<sidenote>Interest.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Taxes as provided in section 23(c);<sidenote>Taxes.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Losses incurred as defined in subsection (b) (6) of this section;<sidenote>Losses.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Subject to the limitation contained in section 117(d), losses sustained during the taxable year from the sale or other disposition of property;<sidenote>Losses from sales; limitation.Ante, p. 715.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Bad debts in the nature of agency balances and bills receivable ascertained to be worthless and charged off within the taxable year;<sidenote>Worthless debts.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">The amount received as dividends from corporations as provided in section 23 (p);<sidenote>Dividends from corporations.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">The amount of interest earned during the taxable year which under section 22(b)(4) is excluded from gross income;<sidenote>Exempt interest.Ante, p. 687.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">A reasonable allowance for the exhaustion, wear and tear of property, as provided in section 23(1).<sidenote>Exhaustion, etc., of property.</sidenote> </content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Deductions of Foreign Corporations</inline>.—</heading> <content class="inline">In the case of a foreign<sidenote>Deductions allowed foreign corporations for United States business.Post, p. 737.</sidenote> corporation the deductions allowed in this section shall be allowed to the extent provided in Supplement I.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Double Deductions</inline>.—</heading> <content class="inline">Nothing in this section shall be construed<sidenote>Duplications prohibited.Computations.</sidenote> to permit the same item to be twice deducted.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">For the purpose only of the tax imposed by this section<sidenote>Credits against net income.Ante, p. 692.</sidenote> there shall be allowed as a credit against net income (or, in the case of a foreign corporation, against net income from sources within the United States) the amount received as interest upon obligations of the United States or of corporations organized under<page identifier="/us/stat/48/735">735</page> Act of Congress which is allowed to an individual as a credit for<sidenote>INCOME TAX.INSURANCE COMPANIES—Contd.</sidenote> purposes of normal tax by section 25(a) (2) or (3).</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="205">SEC. 205. </num> <heading>TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF UNITED STATES.<sidenote>Foreign, etc., taxes.</sidenote></heading> <content>The amount of income, war-profits, and excess-profits taxes<sidenote>Credit for, allowed domestic insurance companies.</sidenote> imposed by foreign countries or possessions of the United States shall be allowed as a credit against the tax of a domestic insurance company subject to the tax imposed by section 201 or 204, to the<sidenote>Ante, p. 731.</sidenote> extent provided in the case of a domestic corporation in section 131,<sidenote>Ante, p. 718.</sidenote> and in such cases “net income” as used in that section means the net income as defined in this Supplement.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="206">SEC. 206. </num> <heading>COMPUTATION OF GROSS INCOME.</heading> <content>The gross income of insurance companies subject to the tax imposed<sidenote>Gross income.Computation.Ante, p. 731.Ante, p. 716.</sidenote> by section 201 or 204 shall not be determined in the manner provided in section 119.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="207">SEC. 207. </num> <heading>MUTUAL INSURANCE COMPANIES OTHER THAN LIFE.<sidenote>Mutual insurance companies other than life.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Application of Title</inline>.—</heading> <content class="inline">Mutual insurance companies, other<sidenote>Taxable as other corporations.</sidenote> than life insurance companies, shall be taxable in the same manner as other corporations, except as hereinafter provided in this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Gross Income</inline>.—</heading> <content class="inline">Mutual marine-insurance companies shall<sidenote>Gross income; premiums less reinsurance.</sidenote> include in gross income the gross premiums collected and received by them less amounts paid for reinsurance.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Deductions</inline>.—</heading> <chapeau class="inline">In addition to the deductions allowed to corporations<sidenote>Additional deductions.Ante, p. 688.</sidenote> by section 23 the following deductions to insurance companies shall also be allowed, unless otherwise allowed—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Mutual insurance companies other than life insurance</inline>.—</heading> <chapeau class="inline"><sidenote>Mutual insurance companies.</sidenote> In the case of mutual insurance companies other than life insurance companies—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">the net addition required by law to be made within the<sidenote>Addition to reserve funds.</sidenote> taxable year to reserve funds (including in the case of assessment insurance companies the actual deposit of sums with State or Territorial officers pursuant to law as additions to guarantee or reserve funds); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">the sums other than dividends paid within the taxable<sidenote>Policy and annuity contracts.</sidenote> year on policy and annuity contracts.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Mutual marine insurance companies</inline>.—</heading> <content class="inline">In the case of<sidenote>Mutual marine insurance companies.Repayments to policy holders.</sidenote> mutual marine insurance companies, in addition to the deductions allowed in paragraph (1) of this subsection, unless otherwise allowed, amounts repaid to policyholders on account of premiums previously paid by them, and interest paid upon such amounts between the ascertainment and the payment thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Mutual insurance companies other than life and marine.—<sidenote>Companies other than life and marine.Premium deposits returned.</sidenote>In the case of mutual insurance companies (includinginterinsurers and reciprocal underwriters, but not including mutuallife or mutual marine insurance companies) requiring their membersto make premium deposits to provide for losses and expenses,the amount of premium deposits returned to their policyholdersand the amount of premium deposits retained for the payment oflosses, expenses, and reinsurance reserves.</content> </paragraph> </subsection> </section> </level> <level> <num class="centered" value="H">Supplement H—</num> <heading class="inline">Nonresident Alien Individuals<sidenote>NONRESIDENTALIEN INDIVIDUALS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="211">SEC. 211. </num> <heading>GROSS INCOME.<sidenote>Gross income.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <content class="inline">In the case of a nonresident alien individual<sidenote>Includes United States sources only.</sidenote>gross income includes only the gross income from sources within theUnited States.</content> </subsection> <page identifier="/us/stat/48/736">736</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Ships Under Foreign Flag</inline>.—</heading> <content class="inline">The income of a nonresident<sidenote>INCOME TAX.NONRESIDENT ALIEN INDIVIDUALS—Contd.</sidenote> alien individual which consists exclusively of earnings derived from the operation of a ship or ships documented under the laws of a<sidenote>Earnings from foreign ship operations tax exempt.</sidenote> foreign country which grants an equivalent exemption to citizens of the United States and to corporations organized in the United States, shall not be included in gross income and shall be exempt from taxation under this title.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="212">SEC. 212. </num> <heading>DEDUCTIONS.<sidenote>Deductions.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <content class="inline">In the case of a nonresident alien individual<sidenote>Allowed only if connected with income from United States sources.</sidenote> the deductions shall be allowed only if and to the extent that they are connected with income from sources within the United States; and the proper apportionment and allocation of the deductions with respect to sources of income within and without the United States shall be determined as provided in section 119, under rules and<sidenote>Ante, p. 716.</sidenote> regulations prescribed by the Commissioner with the approval of the Secretary.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Losses</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The deduction, for losses not connected with the trade or<sidenote>Losses.Not connected with trade or business.Ante, p. 689.</sidenote> business if incurred in transactions entered into for profit, allowed by section 23(e) (2) shall be allowed whether or not connected with income from sources within the United States, but only if the profit, if such transaction had resulted in a profit, would be taxable under this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The deduction for losses of property not connected with the<sidenote>Casualty, etc., losses not connected with business.</sidenote> trade or business if arising from certain casualties or theft, allowed by section 23(e)(3), shall be allowed whether or not connected with income from sources within the United States, but only if the loss is of property within the United States.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Charitable, Etc., Contributions</inline>.—</heading> <content class="inline">The so-called “charitable<sidenote>Charitable, etc., contributions allowed only to domestic corporations, etc.Ante, p. 690.</sidenote> contribution” deduction allowed by section 23(o) shall be allowed whether or not connected with income from sources within the United States, but only as to contributions or gifts made to domestic corporations, or to community chests, funds, or foundations, created in the United States, or to the vocational rehabilitation fund.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="213">SEC. 213. </num> <heading>CREDITS AGAINST NET INCOME.<sidenote>Credits against net income.</sidenote></heading> <content>In the case of a nonresident alien individual the personal exemption<sidenote>Personal exemption.Ante, p. 693.</sidenote> allowed by section 25(b) (1) of this title shall be only $1,000. The credit for dependents allowed by section 25(b) (2) shall not be<sidenote>Dependents, if from contiguous country.</sidenote> allowed in the case of a nonresident alien individual unless he is a resident of a contiguous country.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="214">SEC. 214. </num> <heading>ALLOWANCE OF DEDUCTIONS AND CREDITS.<sidenote>Allowance deductions and credits.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Return to Contain Information</inline>.—</heading> <content class="inline">A nonresident alien individual<sidenote>Filing return of total income from United States sources.</sidenote> shall receive the benefit of the deductions and credits allowed to him in this title only by filing or causing to be filed with the collector a true and accurate return of his total income received from all sources in the United States, in the manner prescribed in this title; including therein all the information which the Commissioner may deem necessary for the calculation of such deductions and credits.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Tax With held at Source</inline>.—</heading> <content class="inline">The benefit of the personal<sidenote>Personal exemption credits, etc., by filing claim with withholding agent.</sidenote> exemption and credit for dependents, may, in the discretion of the Commissioner and under regulations prescribed by him with the approval of the Secretary, be received by a nonresident alien individual entitled thereto, by filing a claim therefor with the withholding agent.</content> </subsection> </section> <page identifier="/us/stat/48/737">737</page> <section class="indent0 firstIndent0 fontsize10"> <num value="215">SEC. 215. </num> <heading>CREDITS AGAINST TAX.<sidenote>INCOME TAX.NONRESIDENT ALIEN INDIVIDUALS—Contd.</sidenote></heading> <content>A nonresident alien individual shall not be allowed the credits<sidenote>Credits against tax.No allowance for, of foreign governments.Ante, p. 718.</sidenote> against the tax for taxes of foreign countries and possessions of the United States allowed by section 131.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="216">SEC. 216. </num> <heading>RETURNS.</heading> <content>In the case of a nonresident alien individual the return, in lieu of<sidenote>Returns.Time for filing.Ante, p. 697.</sidenote> the time prescribed in section 53(a) (1), shall be made on or before the fifteenth day of the sixth month following the close of the fiscal year, or, if the return is made on the basis of the calendar year, then on or before the fifteenth day of June.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="217">SEC. 217. </num> <heading>PAYMENT OF TAX.<sidenote>Payment of tax.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Time of Payment</inline>.—</heading> <content class="inline">In the case of a nonresident alien individual<sidenote>Time designated.</sidenote> the total amount of tax imposed by this title shall be paid, in lieu of the time prescribed in section 56(a), on the fifteenth day<sidenote>Ante, p. 697.</sidenote> of June following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on the fifteenth day of the sixth month following the close of the fiscal year.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Withholding at Source</inline>.—</heading> <content class="inline">For withholding at source of tax<sidenote>Withholding at source.Ante, p. 723.</sidenote> on income of nonresident aliens, see section 143.</content> </subsection> </section> </level> <level> <num class="centered" value="I">Supplement I—</num> <heading class="inline">Foreign Corporations<sidenote>FOREIGN CORPORATIONS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="231">SEC. 231. </num> <heading>GROSS INCOME.<sidenote>Gross income.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <content class="inline">In the case of a foreign corporation gross<sidenote>United States sources only.</sidenote> income includes only the gross income from sources within the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Ships Under Foreign Flag</inline>.—</heading> <content class="inline">The income of a foreign<sidenote>Ships under foreign flag, conditions.</sidenote> corporation, which consists exclusively of earnings derived from the operation of a ship or ships documented under the laws of a foreign country which grants an equivalent exemption to citizens of the United States and to corporations organized in the United States, shall not be included in gross income and shall be exempt from taxation under this title.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="232">SEC. 232. </num> <heading>DEDUCTIONS.<sidenote>Deductions.</sidenote></heading> <content>In the case of a foreign corporation the deductions shall be allowed<sidenote>Allowed only on income from United States sources.</sidenote> only if and to the extent that they are connected with income from sources within the United States; and the proper apportionment<sidenote>Apportionment.</sidenote> and allocation of the deductions with respect to sources within and without the United States shall be determined as provided in section<sidenote>Ante, p. 716.</sidenote> 119, under rules and regulations prescribed by the Commissioner with the approval of the Secretary.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="233">SEC. 233. </num> <heading>ALLOWANCE OF DEDUCTIONS AND CREDITS.<sidenote>Allowance of deductions and credits.</sidenote></heading> <content>A foreign corporation shall receive the benefit of the deductions<sidenote>Benefit of, only by filing return of all income from United States sources.</sidenote> and credits allowed to it in this title only by filing or causing to be filed with the collector a true and accurate return of its total income received from all sources in the United States, in the manner prescribed in this title; including therein all the information which the Commissioner may deem necessary for the calculation of such deductions and credits.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="234">SEC. 234. </num> <heading>CREDITS AGAINST TAX.<sidenote>Credits against tax.</sidenote></heading> <content>Foreign corporations shall not be allowed the credits against the<sidenote>No allowance for, of foreign governments.Ante, p. 718.</sidenote> tax for taxes of foreign countries and possessions of the United States allowed by section 131.</content> </section> <page identifier="/us/stat/48/738">738</page> <section class="indent0 firstIndent0 fontsize10"> <num value="235">SEC. 235. </num> <heading>RETURNS.<sidenote>INCOME TAX.FOREIGN CORPORATIONS—Contd.Returns.Time for filing.</sidenote></heading> <content>In the case of a foreign corporation not having any office or place of business in the United States the return, in lieu of the time prescribed in section 53(a) (1), shall be made on or before the fifteenth<sidenote>Ante, p. 697.</sidenote> day of the sixth month following the close of the fiscal year, or, if the return is made on the basis of the calendar year then on or<sidenote>Return by agent.</sidenote> before the fifteenth day of June. If any foreign corporation has no office or place of business in the United States but has an agent in the United States, the return shall be made by the agent.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="236">SEC. 236. </num> <heading>PAYMENT OF TAX.<sidenote>Payment of tax.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Time of Payment</inline>.—</heading> <content class="inline">In the case of a foreign corporation not<sidenote>Time specified.</sidenote> having any office or place of business in the United States the total amount of tax imposed by this title shall be paid, in lieu of the time<sidenote>Ante, p. 697.</sidenote> prescribed in section 56(a), on the fifteenth day of June following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on the fifteenth day of the sixth month following the close of the fiscal year.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Withholding at Source</inline>.—</heading> <content class="inline">For withholding at source of tax<sidenote>Withholding tax at source.Ante, p. 723.</sidenote> on income of foreign corporations, see section 143.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="237">SEC. 237. </num> <heading>FOREIGN INSURANCE COMPANIES.<sidenote>Foreign insurance companies.</sidenote></heading> <content>For special provisions relating to foreign insurance companies,<sidenote>Special provisions.</sidenote> see Supplement G.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="238">SEC. 238. </num> <heading>AFFILIATION.<sidenote>Affiliation.</sidenote></heading> <content>A foreign corporation shall not be deemed to be affiliated with<sidenote>Foreign corporations.Ante, p. 720.</sidenote> any other corporation within the meaning of section 141.</content> </section> </level> <level> <num class="centered" value="J">Supplement J—</num> <heading class="inline">Possessions of the United States<sidenote>POSSESSIONS OF THE UNITED STATES.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="251">SEC. 251. </num> <heading>INCOME FROM SOURCES WITHIN POSSESSIONS OF UNITED STATES.<sidenote>Income from sources within.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <chapeau class="inline">In the case of citizens of the United States<sidenote>Gross income of citizens, etc.</sidenote> or domestic corporations, satisfying the following conditions, gross income means only gross income from sources within the United States—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">If 80 per centum or more of the gross income of such citizen<sidenote>If 80 percent derived from United States sources.</sidenote> or domestic corporation (computed without the benefit of this section), for the three-year period immediately preceding the close of the taxable year (or for such part of such period immediately preceding the close of such taxable year as may be applicable) was derived from sources within a possession of the United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If, in the case of such corporation, 50 per centum or more<sidenote>If corporation derived 50 percent from business therein.</sidenote> of its gross income (computed without the benefit of this section) for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">If, in case of such citizen, 50 per centum or more of his<sidenote>If citizen derived 50 percent from active business therein.</sidenote> gross income (computed without the benefit of this section) for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States either on his own account or as an employee or agent of another.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Amounts Received in United States</inline>.—</heading> <content class="inline">Notwithstanding the<sidenote>Amounts received in United States.Included in gross income.</sidenote> provisions of subsection (a) there shall be included in gross income all amounts received by such citizens or corporations within the<page identifier="/us/stat/48/739">739</page> United States, whether derived from sources within or without the<sidenote>INCOME TAX.POSSESSIONS OF UNITED STATES—Contd.</sidenote> United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading> <content class="inline">As used in this section the term “ possession of<sidenote>Status of Virgin Islands.</sidenote> the United States” does not include the Virgin Islands of the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Deductions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) <sidenote>Deductions.</sidenote></num> <content class="inline">Citizens of the United States entitled to the benefits of this<sidenote>Citizens allowed same benefits as nonresidents.Ante, p. 735.</sidenote> section shall have the same deductions as are allowed by Supplement H in the case of a nonresident alien individual.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Domestic corporations entitled to the benefits of this section<sidenote>Domestic corporations.Ante, p. 737</sidenote> shall have the same deductions as are allowed by Supplement I in the case of a foreign corporation.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Credits Against Net Income</inline>.—</heading> <content class="inline">A citizen of the United States<sidenote>Credits against net income. Personal exemption.Ante, p. 693.</sidenote> entitled to the benefits of this section shall be allowed a personal exemption of only $1,000 and shall not be allowed the credit for dependents provided in section 25(b) (2).</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Allowance of Deductions and Credits</inline>.—</heading> <content class="inline">Citizens of the<sidenote>Allowance of deductions and credits.</sidenote> United States and domestic corporations entitled to the benefits of this section shall receive the benefit of the deductions and credits allowed to them in this title only by filing or causing to be filed<sidenote>Filing return of total income.</sidenote> with the collector a true and accurate return of their total income received from all sources in the United States, in the manner prescribed in this title: including therein all the information which the Commissioner may deem necessary for the calculation of such deductions and credits.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Credits Against Tax</inline>.—</heading> <content class="inline">Persons entitled to the benefits of<sidenote>Credits against tax.No allowance for, of foreign countries.</sidenote> this section shall not be allowed the credits against the tax for taxes of foreign countries and possessions of the United States allowed<sidenote>Ante, p. 718.</sidenote> by section 131.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <heading><inline class="smallCaps">Affiliation</inline>.—</heading> <content class="inline">A corporation entitled to the benefits of this<sidenote>Affiliation. Applicability to corporations.Ante, p. 720.</sidenote> section shall not be deemed to be affiliated with any other corporation within the meaning of section 141.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="252">SEC. 252. </num> <heading>CITIZENS OF POSSESSIONS OF UNITED STATES.<sidenote>Citizens of Possessions of United States.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Any individual who is a citizen of any possession of the<sidenote>Taxation of.</sidenote> United States (but not otherwise a citizen of the United States) and who is not a resident of the United States, shall be subject to taxation under this title only as to income derived from sources within the United States, and in such case the tax shall be computed and paid in the same manner and subject to the same conditions as in the case of other persons who are taxable only as to income derived from such sources.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Nothing in this section shall be construed to alter or amend<sidenote>Virgin Islands. Payment of taxes in not affected.Vol. 42, p. 123.</sidenote> the provisions of the Act entitled “An Act making appropriations for the naval service for the fiscal year ending June 30, 1922, and for other purposes,” approved July 12, 1921, relating to the imposition of income taxes in the Virgin Islands of the United States.</content> </subsection> </section> </level> <level> <num class="centered" value="K">Supplement K—</num> <heading class="inline">China Trade Act Corporations<sidenote>CHINA TRADE ACT CORPORATIONS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="261">SEC. 261. </num> <heading>CREDIT AGAINST NET INCOME.<sidenote>Credit against net income.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Allowance of Credit</inline>.—</heading> <content class="inline">For the purpose only of the tax<sidenote>Computation and proportion.</sidenote> imposed by section 13 there shall be allowed, in the case of a corporation organized under the China Trade Act, 1922, in addition to the credit provided in section 26, a credit against the net income of an<sidenote>Ante, p. 693.</sidenote> amount equal to the proportion of the net income derived from sources within China (determined in a similar manner to that provided in section 119) which the par value of the shares of stock<sidenote>Ante, p. 716.</sidenote> of the corporation owned on the last day of the taxable year by<page identifier="/us/stat/48/740">740</page> (1) persons resident in China, the United States, or possessions of<sidenote>INCOME TAX.CHINA TRADE ACT CORPORATIONS—Contd.</sidenote> the United States, and (2) individual citizens of the United States or China wherever resident, bears to the par value of the whole number of shares of stock of the corporation outstanding on such date: <proviso> Provided, That in no case shall the amount by which the tax<sidenote>Proviso.Limitation.Ante, p. 686.</sidenote> imposed by section 13 is diminished by reason of such credit exceed the amount of the special dividend certified under subsection (b) of this section.</proviso> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Special Dividend</inline>.—</heading> <chapeau class="inline">Such credit shall not be allowed unless<sidenote>Special dividend.Credit subject to special dividend to residents of China, etc.</sidenote> the Secretary of Commerce has certified to the Commissioner—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The amount which, during the year ending on the date fixed by law for filing the return, the corporation has distributed as a special dividend to or for the benefit of such persons as on the last day of the taxable year were resident in China, the United States, or possessions of the United States, or were individual citizens of the United States or China, and owned shares of stock of the corporation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">That such special dividend was in addition to all other<sidenote>Additional, to all other payments.</sidenote> amounts, payable or to be payable to such persons or for their benefit, by reason of their interest in the corporation; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">That such distribution has been made to or for the benefit<sidenote>Proportionate distribution to stock owned.</sidenote> of such persons in proportion to the par value of the shares of stock of the corporation owned by each; except that if the corporation has more than one class of stock, the certificates shall contain a statement that the articles of incorporation provide a method for the apportionment of such special dividend among such persons, and that the amount certified has been distributed in accordance with the method so provided.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Ownership of Stock.</inline>—</heading> <content class="inline">For the purposes of this section shares<sidenote>Definition of stock ownership.</sidenote> of stock of a corporation shall be considered to be owned by the person in whom the equitable right to the income from such shares is in good faith vested.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Definition of China</inline>.—</heading> <content class="inline">As used in this section the term<sidenote>Definition of “China”.Vol. 42, p. 849.</sidenote> “China” shall have the same meaning as Then used in the China Trade Act, 1922.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="262">SEC. 262. </num> <heading>CREDITS AGAINST THE TAX.<sidenote>Credits against tax.</sidenote></heading> <content>A corporation organized under the China Trade Act, 1922, shall<sidenote>No allowance for, of foreign countries.Ante, p. 718.</sidenote> not be allowed the credits against the tax for taxes of foreign countries and possessions of the United States allowed by section 131.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="263">SEC. 263. </num> <heading>AFFILIATION.<sidenote>Affiliation.</sidenote></heading> <content>A corporation organized under the China Trade Act, 1922, shall<sidenote>Not applicable to corporations hereof.</sidenote> not be deemed to be affiliated with any other corporation within the meaning of section 141.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="264">SEC. 264. </num> <heading>INCOME OF SHAREHOLDERS.<sidenote>Income of shareholders.</sidenote></heading> <content>For exclusion of dividends from gross income, see section 116.<sidenote>Exclusion from, gross income, p. 712.</sidenote> </content> </section> </level> <level> <num class="centered" value="L">Supplement L—</num> <heading class="inline">Assessment and Collection of Deficiencies<sidenote>ASSESSMENT AND COLLECTION OF DEFICIENCIES.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="271">SEC. 271. </num> <heading>DEFINITION OF DEFICIENCY.</heading> <chapeau class="inline">As used in this title in respect of a tax imposed by this title<sidenote>“Deficiency” defined.</sidenote> “deficiency” means—</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">The amount by which the tax imposed by this title exceeds the amount shown as the tax by the taxpayer upon his return; but the amount so shown on the return shall first be increased by the amounts previously assessed (or collected without assessment) as a<page identifier="/us/stat/48/741">741</page> deficiency, and decreased by the amounts previously abated, credited,<sidenote>INCOME TAX.ASSESSMENT AND COLLECTION OF DEFICIENCIES—Contd.</sidenote> refunded, or otherwise repaid in respect of such tax; or</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">If no amount is shown as the tax by the taxpayer upon his return, or if no return is made by the taxpayer, then the amount by which the tax exceeds the amounts previously assessed (or collected without assessment) as a deficiency; but such amounts previously assessed, or collected without assessment, shall first be decreased by the amounts previously abated, credited, refunded, or otherwise repaid in respect of such tax.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="272">SEC. 272. </num> <heading>PROCEDURE IN GENERAL.<sidenote>Procedure in general.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Petition to Board of Tax Appeals</inline>.—</heading> <chapeau class="inline"> If in the case of any<sidenote>Notice of deficiency to taxpayer.</sidenote> taxpayer, the Commissioner determines that there is a deficiency in respect of the tax imposed by this title, the Commissioner is authorized to send notice of such deficiency to the taxpayer by registered mail. Within 90 days after such notice is mailed (not counting Sunday or a legal holiday in the District of Columbia as the ninetieth day), the taxpayer may file a petition with the Board of Tax<sidenote>Petition to Board of Tax Appeals for redetermination.No assessment until notice mailed to taxpayer.</sidenote> Appeals for a redetermination of the deficiency. No assessment of a deficiency in respect of the tax imposed by this title and no distraint or proceeding in court for its collection shall be made, begun, or prosecuted until such notice has been mailed to the taxpayer, nor until the expiration of such 90-day period, nor, if a petition has<sidenote>Or petition filed.</sidenote> been filed with the Board, until the decision of the Board has become final. Notwithstanding the provisions of section 3224 of the Revised<sidenote>Injunction to restrain assessment.<ref href="/us/bill/73/rs/619">R.S., sec. 3224, p. 619</ref>.</sidenote> Statutes the making of such assessment or the beginning of such proceeding or distraint during the time such prohibition is in force may be enjoined by a proceeding in the proper court. For exceptions to the restrictions imposed by this subsection, see—<sidenote>Exceptions to restrictions.</sidenote> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Subsection (d) of this section, relating to waivers by the<sidenote>Waivers.</sidenote> taxpayer;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Subsection (f) of this section, relating to notifications of<sidenote>Errors.</sidenote> mathematical errors appearing upon the face of the return;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 273, relating to jeopardy assessments;<sidenote>Jeopardy assessments, p. 743.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 274, relating to bankruptcy and receiverships; and<sidenote>Bankruptcy, etc., p. 744.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Section 1001 of the Revenue Act of 1926, as amended, relating to assessment or collection of the amount of the deficiency determined by the Board pending court review.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Collection of Deficiency Found by Board</inline>.—</heading> <content class="inline">If the taxpayer<sidenote>Assessment of deficiency.Vol. 44, p. 109.</sidenote> files a petition with the Board, the entire amount redetermined as the deficiency by the decision of the Board which has become final shall be assessed and shall be paid upon notice and demand from the<sidenote>Collection of deficiency found by Board.</sidenote> collector. No part of the amount determined as a deficiency by the Commissioner but disallowed as such by the decision of the Board which has become final shall be assessed or be collected by distraint or by proceeding in court with or without assessment.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Failure to File Petition</inline>.—</heading> <content class="inline">If the taxpayer does not file a<sidenote>Payment on demand if petition not filed.</sidenote> petition with the Board within the time prescribed in subsection (a) of this section, the deficiency, notice of which has been mailed to the taxpayer, shall be assessed, and shall be paid upon notice and demand from the collector.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Waiver of Restrictions</inline>.—</heading> <content class="inline">The taxpayer shall at any time<sidenote>Waiver of restrictions by taxpayer.</sidenote> have the right, by a signed notice in writing filed with the Commissioner, to waive the restrictions provided in subsection (a) of this section on the assessment and collection of the whole or any part of the deficiency.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Increase of Deficiency After Notice Mailed</inline>.—</heading> <content class="inline">The Board<sidenote>Increase of deficiency after notice mailed.</sidenote> shall have jurisdiction to redetermine the correct amount of the deficiency even if the amount so redetermined is greater than the<page identifier="/us/stat/48/742">742</page> amount of the deficiency, notice of which has been mailed to the<sidenote>INCOME TAX.ASSESSMENT AND COLLECTION OF DEFICIENCIES—Contd.</sidenote> taxpayer, and to determine whether any penalty, additional amount or addition to the tax should be assessed—if claim therefor is asserted by the Commissioner at or before the hearing or a rehearing.<sidenote>Condition.</sidenote> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Further Deficiency Letters Restricted</inline>.—</heading> <content class="inline">If the Commissioner<sidenote>Restriction hereafter on determining deficiency after notice.</sidenote> has mailed to the taxpayer notice of a deficiency as provided in subsection (a) of this section, and the taxpayer files a petition with the Board within the time prescribed in such subsection, the Commissioner shall have no right to determine any additional<sidenote>Exception.</sidenote> deficiency in respect of the same taxable year, except in the case of fraud, and except as provided in subsection (e) of this section, relating to assertion of greater deficiencies before the Board, or in section 273(c), relating to the making of jeopardy assessments. If<sidenote>Post, p. 743.Mathematical error not considered a notice of deficiency.</sidenote> the taxpayer is notified that, on account of a mathematical error appearing upon the face of the return, an amount of tax in excess of that shown upon the return is due, and that an assessment of the tax has been or will be made on the basis of what would have been the correct amount of tax but for the mathematical error, such notice shall not be considered (for the purposes of this subsection, or of subsection (a) of this section, prohibiting assessment and collection until notice of deficiency has been mailed, or of section 322(c), prohibiting credits or refunds after petition to the Board<sidenote>Post, p. 750.Credits or refunds.</sidenote> of Tax Appeals) as a notice of a deficiency, and the taxpayer shall have no right to file a petition with the Board based on such notice, nor shall such assessment or collection be prohibited by the provisions of subsection (a) of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Jurisdict ion Over Other Taxable Years</inline>.—</heading> <content class="inline">The Board in<sidenote>Jurisdiction over other taxable years.</sidenote> redetermining a deficiency in respect of any taxable year shall consider such facts with relation to the taxes for other taxable years as may be necessary correctly to redetermine the amount of such deficiency, but in so doing shall have no jurisdiction to determine<sidenote>Limitation.</sidenote> whether or not the tax for any other taxable year has been overpaid or underpaid.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <heading><inline class="smallCaps">Final Decisions of Board</inline>.—</heading> <content class="inline">For the purposes of this title the<sidenote>Final decisions of Board.Vol. 41, p. 110.</sidenote> date on which a decision of the Board becomes final shall be determined according to the provisions of section 1005 of the Revenue Act of 1926.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Prorating of Deficiency to Installments</inline>.—</heading> <content class="inline">If the taxpayer<sidenote>Prorating of deficiency to installments.</sidenote> has elected to pay the tax in installments and a deficiency has been assessed, the deficiency shall be prorated to the four installments. Except as provided in section 273 (relating to jeopardy assessments), that part of the deficiency so prorated to any installment the date for payment of which has not arrived, shall be collected at the same time as and as part of such installment. That part of the deficiency so prorated to any installment the date for payment of which has arrived, shall be paid upon notice and demand from the collector.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="j">(j) </num> <heading><inline class="smallCaps">Extension of Time for Payment of Deficiencies</inline>.—</heading> <content class="inline">Where it<sidenote>Extension for payments allowed, to avoid undue hardship.</sidenote> is shown to the satisfaction of the Commissioner that the payment of a deficiency upon the date prescribed for the payment thereof will result in undue hardship to the taxpayer the Commissioner, with the approval of the Secretary (except where the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax), may grant an extension for the payment of such deficiency or any part thereof for a period not in excess of eighteen months, and, in exceptional cases, for a further<sidenote>Bond required.</sidenote> period not in excess of twelve months. If an extension is granted, the Commissioner may require the taxpayer to furnish a bond in such amount, not exceeding double the amount of the deficiency,<page identifier="/us/stat/48/743">743</page> and with such sureties, as the Commissioner deems necessary, conditioned<sidenote>INCOME TAX.ASSESSMENT AND COLLECTION OF DEFICIENCIES—Contd.</sidenote> upon the payment of the deficiency in accordance with the terms of the extension.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="k">(k) </num> <heading><inline class="smallCaps">Address for Notice of Deficiency</inline>.—</heading> <content class="inline">In the absence of notice<sidenote>Address for notice of deficiency.Post, p. 750.</sidenote> to the Commissioner under section 312(a) of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by this title, if mailed to the taxpayer at his last known address, shall be sufficient for the purposes of this title even if such taxpayer is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="273">SEC. 273. </num> <heading>JEOPARDY ASSESSMENTS.<sidenote>Jeopardy assessments.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authority for Making</inline>.—</heading> <content class="inline">If the Commissioner believes that<sidenote>Deficiency immediately assessed if jeopardized by delay.</sidenote> the assessment or collection of a deficiency will be jeopardized by delay, he shall immediately assess such deficiency (together with all interest, additional amounts, or additions to the tax provided for by law) and notice and demand shall be made by the collector for the payment thereof.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Deficiency Letters</inline>.—</heading> <content class="inline">If the jeopardy assessment is made<sidenote>Deficiency letters.Notice to be mailed.</sidenote> before any notice in respect of the tax to which the jeopardy assessment relates has been mailed under section 272(a), then the Commissioner shall mail a notice under such subsection within sixty days after the making of the assessment.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Amount Assessable Before Decision of Board</inline>.—</heading> <content class="inline">The jeopardy<sidenote>Amount assessable before decision of Board.</sidenote> assessment may be made in respect of a deficiency greater or less than that notice of which has been mailed to the taxpayer, despite the provisions of section 272(f) prohibiting the determination of additional deficiencies, and whether or not the taxpayer has theretofore filed a petition with the Board of Tax Appeals. The<sidenote>Board to redetermine on notice.</sidenote> Commissioner shall notify the Board of the amount of such assessment, if the petition is filed with the Board before the making of the assessment or is subsequently filed, and the Board shall have jurisdiction to redetermine the entire amount of the deficiency and of all amounts assessed at the same time in connection therewith.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Amount Assessable After Decision of Board</inline>.—</heading> <content class="inline">If the jeopardy<sidenote>Amount assessable after decision of Board.</sidenote> assessment is made after the decision of the Board is rendered such assessment may be made only in respect of the deficiency determined by the Board in its decision.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Expiration of Right to Assess</inline>.—</heading> <content class="inline">A jeopardy assessment<sidenote>Disallowed after Board’s final decision, etc.</sidenote> may not be made after the decision of the Board has become final or after the taxpayer has filed a petition for review of the decision of the Board.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Bond to Stay Collection</inline>.—</heading> <content class="inline">When a jeopardy assessment has<sidenote>Bond to stay collection.</sidenote> been made the taxpayer, within 10 days after notice and demand from the collector for the payment of the amount of the assessment, may obtain a stay of collection of the whole or any part of the amount of the assessment by filing with the collector a bond in such amount, not exceeding double the amount as to which the stay is desired, and with such sureties, as the collector deems necessary, conditioned upon the payment of so much of the amount, the collection<sidenote>Conditions.Post, p. 748.</sidenote> of which is stayed by the bond, as is not abated by a decision of the Board which has become final, together with interest thereon as provided in section 297.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Same—Further Conditions</inline>.—</heading> <content class="inline">If the bond is given before<sidenote>Further conditions, if bond given before filing petition.</sidenote> the taxpayer has filed his petition with the Board under section 272(a), the bond shall contain a further condition that if a petition is not filed within the period provided in such subsection, then the amount the collection of which is stayed by the bond will be paid on notice and demand at any time after the expiration of<page identifier="/us/stat/48/744">744</page> such period, together with interest thereon at the rate of 6 per<sidenote>INCOME TAX.ASSESSMENT AND COLLECTION OF DEFICIENCIES—Contd.</sidenote> centum per annum from the date of the jeopardy notice and demand to the date of notice and demand under this subsection.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <heading><inline class="smallCaps">Waiver of Stay</inline>.—</heading> <content class="inline">Upon the filing of the bond the collection<sidenote>Stay of collection of part covered by Bond.</sidenote> of so much of the amount assessed as is covered by the bond shall be stayed. The taxpayer shall have the right to waive such stay<sidenote>Effect of waiver of stay, etc.</sidenote> at any time in respect of the whole or any part of the amount covered by the bond, and if as a result of such waiver any part of the amount covered by the bond is paid, then the bond shall, at the request of the taxpayer, be proportionately reduced. If the Board determines that the amount assessed is greater than the amount which should have been assessed, then when the decision of the Board is rendered the bond shall, at the request of the taxpayer, be proportionately reduced.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Collection of Unpaid Amounts</inline>.—</heading> <content class="inline">When the petition has been<sidenote>Collection of unpaid amounts.</sidenote> filed with the Board and when the amount which should have been assessed has been determined by a decision of the Board which has<sidenote>When decision of Board final.</sidenote> become final, then any unpaid portion, the collection of which has been stayed by the bond, shall be collected as part of the tax upon notice and demand from the collector, and any remaining portion of the assessment shall be abated. If the amount already collected<sidenote>Credit or refund.Post, p. 750.</sidenote> exceeds the amount determined as the amount which should have been assessed, such excess shall be credited or refunded to the taxpayer as provided in section 322, without the filing of claim therefor.<sidenote>Collection of greater assessment.</sidenote> If the amount determined as the amount which should have been assessed is greater than the amount actually assessed, then the difference shall be assessed and shall be collected as part of the tax upon notice and demand from the collector.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="j">(j) </num> <heading><inline class="smallCaps">Claims in Abatement</inline>.—</heading> <content class="inline">No claim in abatement shall be filed<sidenote>No other abatement claim to be filed.</sidenote> in respect of any assessment in respect of any tax imposed by this title.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="274">SEC. 274. </num> <heading>BANKRUPTCY AND RECEIVERSHIPS.<sidenote>Bankruptcy and receiverships.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Immediate Assessment</inline>.—</heading> <content class="inline">Upon the adjudication of bankruptcy<sidenote>Immediate assessment of tax deficiency in.</sidenote> of any taxpayer in any bankruptcy proceeding or the appointment of a receiver for any taxpayer in any receivership proceeding before any court of the United States or of any State or Territory or of the District of Columbia, any deficiency (together with all interest, additional amounts, or additions to the tax provided for by law) determined by the Commissioner in respect of a tax imposed by this title upon such taxpayer shall, despite the restrictions imposed by section 272(a) upon assessments be immediately assessed if such deficiency has not theretofore been assessed in accordance with law. In such cases the trustee in bankruptcy or receiver shall<sidenote>Notice of adjudication.</sidenote> give notice in writing to the Commissioner of the adjudication of bankruptcy or the appointment of the receiver, and the running of the statute of limitations on the making of assessments shall be suspended for the period from the date of adjudication in bankruptcy or the appointment of the receiver to a date 30 days after the date upon which the notice from the trustee or receiver is received by the Commissioner; but the suspension under this sentence shall in no case be for a period in excess of two years. Claims for<sidenote>Presentation of claim.</sidenote> the deficiency and such interest, additional amounts and additions to the tax may be presented, for adjudication in accordance with law, to the court before which the bankruptcy or receivership proceeding is pending, despite the pendency of proceedings for the redetermination of the deficiency in pursuance of a petition to the Board; but no petition for any such redetermination shall be filed<page identifier="/us/stat/48/745">745</page> with the Board after the adjudication of bankruptcy or the appointment<sidenote>INCOME TAX.ASSESSMENT AND COLLECTION OF DEFICIENCIES—Contd.</sidenote> of the receiver.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Unpaid Claims</inline>.—</heading> <content class="inline">Any portion of the claim allowed in such bankruptcy or receivership proceeding which is unpaid shall be paid<sidenote>Unpaid claims.</sidenote> by the taxpayer upon notice and demand from the collector after the termination of such proceeding, and may be collected by distraint or proceeding in court within six years after termination of such proceeding. Extensions of time for such payment may be had in the same manner and subject to the same provisions and limitations as are provided in section 272(j) and section 296 in the case of a deficiency in a tax imposed by this title.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="275">SEC. 275. </num> <heading>PERIOD OF LIMITATION UPON ASSESSMENT AND COLLECTION.<sidenote>Period of limitation upon assessment and collection.</sidenote></heading> <chapeau class="indent0 firstIndent1 fontsize10">Except as provided in section 276—</chapeau> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading> <content class="inline">The amount of income taxes imposed by<sidenote>Assessment within three years.</sidenote> this title shall be assessed within three years after the return was filed, and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration of such period.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Request for Prompt Assessment</inline>.—</heading> <chapeau class="inline">In the case of income<sidenote>Requests for prompt assessments.By fiduciary representatives.</sidenote> received during the lifetime of a decedent, or by his estate during the period of administration, or by a corporation, the tax shall be assessed, and any proceeding in court without assessment for the collection of such tax shall be begun, within eighteen months after written request therefor (filed after the return is made) by the executor, administrator, or other fiduciary representing the estate<sidenote>Applicability to corporations.</sidenote> of such decedent, or by the corporation, but not after the expiration of three years after the return was filed. This subsection shall not<sidenote>Exceptions.</sidenote> apply in the case of a corporation unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Such written request notifies the Commissioner that the<sidenote>Dissolution contemplated.</sidenote> corporation contemplates dissolution at or before the expiration of such 18 months’ period; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The dissolution is in good faith begun before the expiration of such 18 months’ period; and<sidenote>In good faith within 18 months.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The dissolution is completed.<sidenote>Dissolution completed.</sidenote> </content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Omission from Gross Income</inline>.—</heading> <content class="inline">If the taxpayer omits from<sidenote>Corporation making no return.Assessment in five years, after return filed.</sidenote> gross income an amount properly includible therein which is in excess of 25 per centum of the amount of gross income stated in the return, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 5 years after the return was filed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">For the purposes of subsections (a), (b), and (c), a return<sidenote>Time prescribed for filing.</sidenote> filed before the last day prescribed by law for the filing thereof shall be considered as filed on such last day.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Corporation and Shareholder</inline>.—</heading> <content class="inline">If a corporation makes no<sidenote>Corporation and shareholder.</sidenote> return of the tax imposed by this title, but each of the shareholders includes in his return his distributive share of the net income of the corporation, then the tax of the corporation shall be assessed within four years after the hist date on which any such shareholder’s return was filed.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="276">SEC. 276. </num> <heading>SAME—EXCEPTIONS.<sidenote>Exceptions.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">False Return or No Return</inline>.—</heading> <content class="inline">In the case of a false or fraudulent<sidenote>False return or no return.Assessment in case of.</sidenote> return with intent to evade tax or of a failure to file a return the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Waivers</inline>.—</heading> <content class="inline">Where before the expiration of the time prescribed<sidenote>Waivers, at any time with written consent of Commissioner.</sidenote> in section 275 for the assessment of the tax, both the Commissioner and the taxpayer have consented in writing to its assessment after<page identifier="/us/stat/48/746">746</page> such, time, the tax may be assessed at any time prior to the expiration<sidenote>INCOME TAX.ASSESSMENT AND COLLECTION OF DEFICIENCIES—Contd.</sidenote> of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Collection After Assessment</inline>.—</heading> <content class="inline">Where the assessment of<sidenote>Collection after assessment.</sidenote> any income tax imposed by this title has been made within the period of limitation properly applicable thereto, such tax may be<sidenote>By distraint.Time limit.</sidenote> collected by distraint or by a proceeding in court, but only if begun (1) within six years after the assessment of the tax, or (2) prior to the expiration of any period for collection agreed upon in writing by the Commissioner and the taxpayer before the expiration of such six-year period. The period so agreed upon may be extended by<sidenote>Extension.</sidenote> subsequent agreements in writing made before the expiration of the period previously agreed upon.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="277">SEC. 277. </num> <heading>SUSPENSION OF RUNNING OF STATUTE.</heading> <content>The running of the statute of limitations provided in section 275<sidenote>Suspension of running of.</sidenote> or 276 on the malting of assessments and the beginning of distraint<sidenote>Ante, p. 745.</sidenote> or a proceeding in court for collection, in respect of any deficiency, shall (after the mailing of a notice under section 272(a)) be suspended for the period during which the Commissioner is prohibited from making the assessment or beginning distraint or a proceeding in court (and in any event, if a proceeding in respect of<sidenote>Until decision of Board, etc.</sidenote> the deficiency is placed on the docket of the Board, until the decision of the Board becomes final), and for sixty days thereafter.</content> </section> </level> <level> <num class="centered" value="M">Supplement M—</num> <heading class="inline">Interest and Additions to the Tax<sidenote>INTEREST AND ADDITIONS TO TAX.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="291">SEC. 291. </num> <heading>FAILURE TO FILE RETURN.<sidenote>Failure to file return.</sidenote></heading> <content>In case of any failure to make and file a return required by this<sidenote>Additional tax imposed.</sidenote> title, within the time prescribed by law or prescribed by the Commissioner in pursuance of law, 25 per centum of the tax shall be added to the tax, except that when a return is filed after such time<sidenote>Exception.</sidenote> and it is shown that the failure to file it was due to reasonable cause<sidenote>If failure not willful neglect.</sidenote> and not due to willful neglect no such addition shall be made to the tax. The amount so added to any tax shall be collected at the same<sidenote>Collection.</sidenote> time and in the same manner and as a part of the tax unless the tax has been paid before the discovery of the neglect, in which case the amount so added shall be collected in the same manner as the tax. The amount added to the tax under this section shall be in lieu of<sidenote>To be in lieu of former levy.<ref href="/us/bill/73/rs/610">R.S., sec. 3176, p. 610</ref>.</sidenote> the 25 per centum addition to the tax provided in section 3176 of the Revised Statutes, as amended.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="292">SEC. 292. </num> <heading>INTEREST ON DEFICIENCIES.<sidenote>Interest on deficiencies.</sidenote></heading> <content>Interest upon the amount determined as a deficiency shall be<sidenote>Assessment and rate.</sidenote> assessed at the same time as the deficiency, shall be paid upon notice and demand from the collector, and shall be collected as a part of the tax, at the rate of 6 per centum per annum from the date prescribed for the payment of the tax (or, if the tax is paid in installments, from the date prescribed for the payment of the first installment) to the date the deficiency is assessed, or, in the case of<sidenote>In case of waiver.</sidenote> a waiver under section 272(d), to the thirtieth day after the filing of such waiver or to the date the deficiency is assessed whichever is the earlier.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="293">SEC. 293. </num> <heading>ADDITIONS TO THE TAX IN CASE OF DEFICIENCY.<sidenote>Additions to tax in case of deficiency.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Negligence</inline>.—</heading> <content class="inline">If any part of any deficiency is due to negligence,<sidenote>If due to negligence.</sidenote> or intentional disregard of rules and regulations but without intent to defraud, 5 per centum of the total amount of the deficiency<page identifier="/us/stat/48/747">747</page> (in addition to such deficiency) shall be assessed, collected, and<sidenote>INCOME TAX.INTEREST AND ADDITIONS—Contd.</sidenote> paid in the same manner as if it were a deficiency, except that the provisions of section 272(i), relating to the prorating of a deficiency,<sidenote>Ante, pp. 742, 746.</sidenote> and of section 292, relating to interest on deficiencies, shall not be applicable.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Fraud</inline>.—</heading> <content class="inline">If any part of any deficiency is due to fraud with<sidenote>Fraud.</sidenote> intent to evade tax, then 50 per centum of the total amount of the deficiency (in addition to such deficiency) shall be so assessed, collected,<sidenote><ref href="/us/bill/73/rs/610">R.S., sec. 3176, p. 610</ref>.</sidenote> and paid, in lieu of the 50 per centum addition to the tax provided in section 3176 of the Revised. Statutes, as amended.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="294">SEC. 294. </num> <heading>ADDITIONS TO THE TAX IN CASE OF NONPAYMENT.<sidenote>Additions to tax in ease of nonpayment.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Tax Shown on Return</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading> <content class="inline">Where the amount determined by the taxpayer<sidenote>Interest prescribed.</sidenote> as the tax imposed by this title, or any installment thereof, or any part of such amount or installment, is not paid on or before the date prescribed for its payment, there shall be collected as a part of the tax, interest upon such unpaid amount at the rate of 1 per centum a month from the date prescribed for its payment until it is paid.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">If extension granted</inline>.—</heading> <content class="inline">Where an extension of time for<sidenote>If tax and interest not paid in full when extension granted.</sidenote> payment of the amount so determined as the tax by the taxpayer, or any installment thereof, has been granted, and the amount the time for payment of which has been extended, and the interest thereon determined under section 295, is not paid in full prior to the expiration of the period of the extension, then, in lieu of the interest provided for in paragraph (1) of this subsection, interest at the rate of 1 per centum a month shall be collected on such unpaid amount from the date of the expiration of the period of the extension until it is paid.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Deficiency</inline>.—</heading> <content class="inline">Where a deficiency, or any interest or additional<sidenote>Interest, if deficiency, etc., not paid on notice and demand.</sidenote> amounts assessed in connection therewith under section 292, or under section 293, or any addition to the tax in case of delinquency provided for in section 291, is not paid in full within ten<sidenote>Ante, p. 746.</sidenote> days from the date of notice and demand from the collector, there shall be collected as part of the tax, interest upon the unpaid amount at the rate of 1 per centum a month from the date of such notice<sidenote>Nonpayment of prorated installments.Ante, p. 742.</sidenote> and demand until it is paid. If any part of a deficiency prorated to any unpaid installment under section 272 (i) is not paid in full on or before the date prescribed for the payment of such installment, there shall be collected as part of the tax interest upon the unpaid amount at the rate of 1 per centum a month from such date until it is paid.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Fiduciaries</inline>.—</heading> <content class="inline">For any period an estate is held by a fiduciary<sidenote>Interest rate payable by fiduciaries.</sidenote> appointed by order of any court of competent jurisdiction or by will, there shall be collected interest at the rate of 6 per centum per annum in lieu of the interest provided in subsections (a) and (b) of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Filing of Jeopardy Bond</inline>.—</heading> <content class="inline">If a bond is filed, as provided in<sidenote>Not applicable to amount covered by jeopardy bond.Ante, p. 743.</sidenote> section 273, the provisions of subsections (b) and (c) of this section shall not apply to the amount covered by the bond.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="295">SEC. 295. </num> <heading>TIME EXTENDED FOR PAYMENT OF TAX SHOWN ON RETURN.<sidenote>Time extended for payment of tax shown on return.</sidenote></heading> <content>If the time for payment of the amount determined as the tax by<sidenote>Interest.</sidenote> the taxpayer, or any installment thereof, is extended under the authority of section 56(c), there shall be collected as a part of<sidenote>Ante, p. 699.</sidenote> such amount, interest thereon at the rate of 6 per centum per annum<page identifier="/us/stat/48/748">748</page> from the date when such payment should have been made if no<sidenote>INCOME TAX.INTEREST AND ADDITIONS—Contd.</sidenote> extension had been granted, until the expiration of the period of the extension.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="296">SEC. 296. </num> <heading>TIME EXTENDED FOR PAYMENT OF DEFICIENCY.<sidenote>Time extended for paying deficiency.</sidenote></heading> <content>If the time for the payment of any part of a deficiency is extended,<sidenote>Interest for period of extension.</sidenote> there shall be collected, as a part of the tax, interest on the part of the deficiency the time for payment of which is so extended, at the rate of 6 per centum per annum for the period of the extension, and no other interest shall be collected on such part of the deficiency for such period. If the part of the deficiency the time for payment<sidenote>Additional, not paid, etc.</sidenote> of which is so extended is not paid in accordance with the terms of the extension, there shall be collected, as a part of the tax, interest on such unpaid amount at the rate of 1 per centum a month for the period from the time fixed by the terms of the extension for its payment until it is paid, and no other interest shall be collected on such unpaid amount for such period.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="297">SEC. 297. </num> <heading>INTEREST IN CASE OF JEOPARDY ASSESSMENTS.<sidenote>Interest on jeopardy assessments.</sidenote></heading> <content>In the case of the amount collected under section 273 (i) there<sidenote>Rate of, on amount collected.Ante, p. 744.</sidenote> shall be collected at the same time as such amount, and as a part of the tax, interest at the rate of 6 per centum per annum upon such amount from the date of the jeopardy notice and demand to the date of notice and demand under section 273 (i), or, in the case of the amount collected in excess of the amount of the jeopardy assessment, interest as provided in section 292. If the amount included<sidenote>Additional, if amount of deficiency not paid in full.</sidenote> in the notice and demand from the collector under section 273 (i) is not paid in full within ten days after such notice and demand, then there shall be collected, as part of the tax, interest upon the unpaid amount at the rate of 1 per centum a month (or, for any period the estate of the taxpayer is held by a fiduciary appointed by any court of competent jurisdiction or by will, at the rate of 6 per centum per annum) from the date of such notice and demand until it is paid.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="298">SEC. 298. </num> <heading>BANKRUPTCY AND RECEIVERSHIPS.<sidenote>Bankruptcy and receiverships.</sidenote></heading> <content>If the unpaid portion of the claim allowed in a bankruptcy or<sidenote>Interest, if not paid on demand.Ante, p. 744.</sidenote> receivership proceeding, as provided in section 274, is not paid in full within ten days from the date of notice and demand from the collector, then there shall be collected as a part of such amount interest upon the unpaid portion thereof at the rate of 1 per centum a month from the date of such notice and demand until payment.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="299">SEC. 299. </num> <heading>REMOVAL OF PROPERTY OR DEPARTURE FROM UNITED STATES.<sidenote>Removal of property.</sidenote></heading> <content>For additions to tax in case of leaving the United States or concealing<sidenote>Additions to tax for, etc.Ante, p. 725.</sidenote> property in such manner as to hinder collection of the tax, see section 146.</content> </section> </level> <level> <num class="centered" value="N">Supplement N—</num> <heading class="inline">Claims against Transferees and Fiduciaries<sidenote>CLAIMS AGAINST TRANSFEREES AND FIDUCIARIES.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="311">SEC. 311. </num> <heading>TRANSFERRED ASSETS.<sidenote>Transferred assets.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Method of Collection</inline>.—</heading> <chapeau class="inline">The amounts of the following liabilities<sidenote>Method of collection similar to deficiency collections.</sidenote> shall, except as hereinafter in this section provided, be assessed, collected, and paid in the same manner and subject to the same provisions and limitations as in the case of a deficiency in a tax imposed by this title (including the provisions in case of delinquency in payment after notice and demand, the provisions authorizing dis<page identifier="/us/stat/48/749">749</page>traint and proceedings in court for collection, and the provisions<sidenote>INCOME TAX.CLAIMS AGAINST TRANSFEREES AND FIDUCIARIES—Contd.</sidenote> prohibiting claims and suits for refunds):</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Transferees</inline>.—</heading> <content class="inline">The liability, at law or in equity, of a transferee<sidenote>Liabilities.Transferees.</sidenote> of property of a taxpayer, in respect of the tax (including interest, additional amounts, and additions to the tax provided by law) imposed upon the taxpayer by this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Fiduciaries</inline>.—</heading> <content class="inline">The liability of a fiduciary under section<sidenote>Fiduciaries.<ref href="/us/bill/73/rs/687">R.S., sec. 2467, p. 687</ref>.</sidenote> 3467 of the Revised Statutes in respect of the payment of any such tax from the estate of the taxpayer.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Any such liability may be either as to the amount of tax shown on<sidenote>Amount determined.</sidenote> the return or as to any deficiency in tax.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Period of Limitation</inline>.—</heading> <chapeau class="inline">The period of limitation for assessment<sidenote>Limitation period.</sidenote> of any such liability of a transferee or fiduciary shall be as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">In the case of the liability of an initial transferee of the<sidenote>When initial transferee liable.</sidenote> property of the taxpayer,—within one year after the expiration of the period of limitation for assessment against the taxpayer;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">In the case of the liability of a. transferee of a transferee<sidenote>Transferee of a transferee liable.</sidenote> of the property of the taxpayer,—within one year after the expiration of the period of limitation for assessment against the preceding transferee, but only if within three years after the expiration of the period of limitation for assessment against the taxpayer;—<sidenote>Exception.</sidenote> </content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">except that if before the expiration of the period of limitation for the assessment of the liability of the transferee, a court proceeding for the collection of the tax or liability in respect thereof has been begun against the taxpayer or last preceding transferee, respectively,—then the period of limitation for assessment of the liability<sidenote>One year after court proceeding.</sidenote> of the transferee shall expire one year after the return of execution in the court proceeding.</continuation> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">In the case of the liability of a fiduciary,—not later than<sidenote>Fiduciary liable.</sidenote> one year after the liability arises or not later than the expiration of the period for collection of the tax in respect of which such liability arises, whichever is the later.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Period for Assessment Against Taxpayer</inline>.—</heading> <content class="inline">For the purposes<sidenote>Provisions on death of taxpayer or terminated corporation.</sidenote> of this section, if the taxpayer is deceased, or in the case of a corporation, has terminated its existence, the period of limitation for assessment against the taxpayer shall be the period that would be in effect had death or termination of existence not occurred.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Suspension of Running of Statute of Limitations</inline>.—</heading> <content class="inline">The<sidenote>Suspension of running of statute of limitations, after notice mailed, etc.</sidenote> running of the statute of limitations upon the assessment of the liability of a transferee or fiduciary shall, after the mailing to the<sidenote>Ante, p. 741.</sidenote> transferee or fiduciary of the notice provided for in section 272(a), be suspended for the period during which the Commissioner is prohibited from making the assessment in respect of the liability of the transferee or fiduciary (and in any event, if a proceeding in respect of the liability is placed on the docket of the Board, until the decision of the Board becomes final), and for sixty days thereafter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Address for Notice of Liability</inline>.—</heading> <content class="inline">In the absence of notice to<sidenote>Address for notice of liability.</sidenote> the Commissioner under section 312(b) of the existence of a fiduciary relationship, notice of liability enforceable under this section in respect of a tax imposed by this title, if mailed to the person subject to the liability at his last known address, shall be sufficient for the purposes of this title even if such person is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">Definition of “Transferee”.—As used in this section, the<sidenote>“Transferee” defined.</sidenote> term “transferee” includes heir, legatee, devisee, and distributee.</content> </subsection> </section> <page identifier="/us/stat/48/750">750</page> <section class="indent0 firstIndent0 fontsize10"> <num value="312">SEC. 312. </num> <heading>NOTICE OF FIDUCIARY RELATIONSHIP.<sidenote>INCOME TAX.CLAIMS AGAINST TRANSFEREES AND FIDUCIARIES—Contd.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Fiduciary of Taxpayer</inline>.—</heading> <content class="inline">Upon notice to the Commissioner<sidenote>Fiduciary relationship.Liability of fiduciary until termination of.</sidenote> that any person is acting in a fiduciary capacity such fiduciary shall assume the powers, rights, duties, and privileges of the taxpayer in respect of a tax imposed by this title (except as otherwise specifically provided and except that the tax shall be collected from the estate of the taxpayer), until notice is given that the fiduciary capacity has terminated.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Fiduciary of Transferee</inline>.—</heading> <content class="inline">Upon notice to the Commissioner<sidenote>Fiduciary of transferee, liability.</sidenote> that any person is acting in a fiduciary capacity for a person subject to the liability specified in section 311, the fiduciary shall assume, on behalf of such person, the powers, rights, duties, and privileges of such person under such section (except that the liability shall be collected from the estate of such person), until notice is given that the fiduciary capacity has terminated.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Manner of Notice</inline>.—</heading> <content class="inline">Notice under subsection (a) or (b) shall<sidenote>Manner of notice.</sidenote> be given in accordance with regulations prescribed by the Commissioner with the approval of the Secretary.</content> </subsection> </section> </level> <level> <num class="centered" value="O">Supplement O—</num> <heading class="inline">Overpayments<sidenote>OVERPAYMENTS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="321">SEC. 321. </num> <heading>OVERPAYMENT OF INSTALLMENT.<sidenote>Of installments.</sidenote></heading> <content>If the taxpayer has paid as an installment of the tax more than<sidenote>Credit, if installment payment exceeds correct amount.</sidenote> the amount determined to be the correct amount of such installment, the overpayment shall be credited against the unpaid installments, if any. If the amount already paid, whether or not on the basis of<sidenote>Credit or refund for amount already paid.</sidenote> installments, exceeds the amount determined to be the correct amount of the tax, the overpayment shall be credited or refunded as provided in section 322.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="322">SEC. 322. </num> <heading>REFUNDS AND CREDITS.<sidenote>Refunds and credits.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authorization</inline>.—</heading> <content class="inline">Where there has been an overpayment of<sidenote>Credit against tax then due.</sidenote> any tax imposed by this title, the amount of such overpayment shall be credited against any income, war-profits, or excess-profits tax or installment thereof then due from the taxpayer, and any balance shall be refunded immediately to the taxpayer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Limitation on Allowance</inline>.—</heading><sidenote>Limitation on allowance.</sidenote> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Period of limitation</inline>.—</heading> <content class="inline">Unless a claim for credit or refund<sidenote>Period of.</sidenote> is filed by the taxpayer within three years from the time the return was filed by the taxpayer or within two years from the time the tax was paid, no credit or refund shall be allowed or made after the expiration of whichever of such periods expires the later. If no return is filed by the taxpayer, then no credit or refund shall be allowed or made after two years from the time the tax was paid, unless before the expiration of such period a claim therefor is filed by the taxpayer.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Limit on amount of credit or refund</inline>.—</heading> <content class="inline">The amount of the<sidenote>Credit or refund limited.</sidenote> credit or refund shall not exceed the portion of the tax paid during the three years immediately preceding the filing of the claim, or, if no claim was filed, then during the three years immediately preceding the allowance of the credit or refund.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Effect of Petition to Board</inline>.—</heading> <chapeau class="inline">If the Commissioner has<sidenote>Petition to Board of Tax Appeals; effect of.</sidenote> mailed to the taxpayer a notice of deficiency under section 272(a)<sidenote>Ante, p. 741.</sidenote> and if the taxpayer files a petition with the Board of Tax Appeals within the time prescribed in such subsection, no credit or refund in respect of the tax for the taxable year in respect of which the Commissioner has determined the deficiency shall be allowed or<page identifier="/us/stat/48/751">751</page> made and no suit by the taxpayer for the recovery of any part of<sidenote>INCOME TAX.OVERPAYMENTS—Contd.</sidenote> such tax shall be instituted in any court except—<sidenote>Exceptions.</sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">As to overpayments determined by a decision of the Board<sidenote>Overpayments.</sidenote> which has become final; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">As to any amount collected in excess of an amount computed<sidenote>Excess collections.</sidenote> in accordance with the decision of the Board which has become final; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">As to any amount collected after the period of limitation<sidenote>Collections after period of limitations.</sidenote> upon the beginning of distraint or a proceeding in court for collection has expired; but in any such claim for credit or refund or in any such suit for refund the decision of the Board which has become final, as to whether such period has expired before the notice of deficiency was mailed, shall be conclusive.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Overpayment Found by Board</inline>.—</heading> <content class="inline">If the Board finds that<sidenote>Overpayment found by Board.</sidenote> there is no deficiency and further finds that the taxpayer has made an overpayment of tax in respect of the taxable year in respect of which the Commissioner determined the deficiency, the Board shall have jurisdiction to determine the amount of such overpayment, and such amount shall, when the decision of the Board has become final, be credited or refunded to the taxpayer. No such credit or refund<sidenote>Credit or refund.</sidenote> shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within three years before the filing of the claim or the filing of the petition, whichever is earlier.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Tax Withheld at Source</inline>.—</heading> <content class="inline">For refund or credit in case of<sidenote>Tax withheld at source.</sidenote> excessive withholding at the source, see section 143(f).</content> </subsection> </section> </level> </subtitle> <num class="centered" value="IA">TITLE IA—</num> <heading class="inline">ADDITIONAL INCOME TAXES<sidenote>ADDITIONAL INCOME TAXES.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="351">SEC. 351. </num> <heading>SURTAX ON PERSONAL HOLDING COMPANIES.<sidenote>Surtax on personal holding companies.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Imposition of Tax</inline>.—</heading> <chapeau class="inline">There shall be levied, collected, and<sidenote>Rates imposed.</sidenote> paid, for each taxable year, upon the undistributed adjusted net income of every personal holding company a surtax equal to the sum of the following:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">30 per centum of the amount thereof not in excess of $100,000; plus</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">40 per centum of the amount thereof in excess of $100,000.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Definitions </inline>.—</heading> <chapeau>As used in this title—<sidenote>Definitions.</sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The term “personal holding company” means any corporation<sidenote>“Personal holding company”.</sidenote> (other than a corporation exempt from taxation under section 101, and other than a bank or trust company incorporated under the laws of the United States or of any State or Territory, a substantial part of whose business is the receipt of deposits, and other than a life-insurance company or surety company) if—(A) at least 80 per centum of its gross income for the taxable year is derived from royalties, dividends, interest, annuities, and (except in the case of regular dealers in stock or securities) gains from the sale of stock or securities, and (B) at any time during the last half of the taxable year more than 50 per centum in value of its outstanding stock is owned, directly or indirectly, by or for not more than five individuals. For the purpose of determining<sidenote>Determining stock ownership.</sidenote> the ownership of stock in a personal holding company—(C) stock owned, directly or indirectly, by a corporation, partnership, estate, or trust shall be considered as being owned proportionately by its shareholders, partners, or beneficiaries; (D) an individual shall<sidenote>Individual</sidenote> be considered as owning, to the exclusion of any other individual, the stock owned, directly or indirectly, by his family, and this rule shall be applied in such manner as to produce the smallest possible number of individuals owning, directly or indirectly,<page identifier="/us/stat/48/752">752</page> more than 50 per centum in value of the outstanding stock; and<sidenote>ADDITIONAL INCOME TAXES.</sidenote> (E) the family of an individual shall include only his brothers<sidenote>Family.</sidenote> and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">The term “undistributed adjusted net income” means the<sidenote>“Undistributed adjusted net income”.</sidenote> adjusted net income minus the sum of:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">20 per centum of the excess of the adjusted net income<sidenote>Computation.</sidenote> over the amount of dividends received from personal holding companies which are allowable as a deduction for the purposes of the tax imposed by section 13 or 204;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">Amounts used or set aside to retire indebtedness incurred<sidenote>“Adjusted net income”.</sidenote> prior to January 1, 1934, if such amounts are reasonable with reference to the size and terms of such indebtedness; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">Dividends paid during the taxable year.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">The term “adjusted net income” means the net income computed without the allowance of the dividend deduction otherwise allowable, but minus the sum of:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">Federal income, war-profits, and excess-profits taxes paid<sidenote>Computation of.</sidenote> or accrued, but not including the tax imposed by this section;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">Contributions or gifts, not otherwise allowed as a deduction, to or for the use of donees described in section 23 (o) for the purposes therein specified; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">Losses from sales or exchanges of capital assets which<sidenote>Ante, p. 714.</sidenote> are disallowed as a deduction by section 117(d).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The terms used in this section shall have the same meaning<sidenote>Synonymous terms,</sidenote> as when used in Title I.<sidenote>Ante, p. 683.</sidenote> </content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Administrative Provisions</inline>.—</heading> <content class="inline">All provisions of law (including<sidenote>Administrative provisions.</sidenote> penalties) applicable in respect of the taxes imposed by Title I of this Act, shall insofar as not inconsistent with this section, be applicable<sidenote>Ante, p. 718.</sidenote> in respect of the tax imposed by this section, except that the provisions of section 131 of that title shall not be applicable.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Payment of Surtax on Pro Rata Shares</inline>.—</heading> <content class="inline">The tax imposed<sidenote>Payment of surtax on pro rata shares.</sidenote> by this section shall not apply if all the shareholders of the corporation include (at the time of filing their returns) in their gross income their entire pro rata shares, whether distributed or not, of the “adjusted net income” of the corporation for such year. Any<sidenote>Treatment of adjusted net income in gross income of shareholders.</sidenote> amount so included in the gross income of a shareholder shall be treated as a dividend received. Any subsequent distribution made by the corporation out of earnings or profits for such taxable year shall, if distributed to any shareholder who has so included in his gross income his pro rata share, be exempt from tax in the amount of the share so included.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Improper Accumulation of Surplus</inline>.—</heading> <content class="inline">For surtax on corporations<sidenote>Improper accumulation of surplus.Post p. 702.</sidenote> which accumulate surplus to avoid surtax on stockholders, see section 102.</content> </subsection> </section> <num class="centered" value="II">TITLE II—</num> <heading class="inline">AMENDMENTS TO ESTATE TAX<sidenote>ESTATE TAX AMENDMENTS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="401">SEC. 401. </num> <heading>REVOCABLE TRUSTS.<sidenote>Revocable trusts.</sidenote></heading> <content>Section 302(d) of the Revenue Act of 1926 is amended to read as follows:<sidenote>Vol. 44, p. 71, amended.</sidenote> <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">To the extent of any interest therein of which the decedent<sidenote>Gross estate of decedent, determination of.</sidenote> has at any time made a transfer, by trust or otherwise, where the enjoyment thereof was subject at the date of his death to any change through the exercise of a power, either by the decedent alone or in conjunction with any person, to alter, amend, or revoke, or where the decedent relinquished any such power in contemplation of his death, except in case of a bona fide sale for an adequate and<sidenote>Exception.</sidenote> full consideration in money or money’s worth.</content> </paragraph> <page identifier="/us/stat/48/753">753</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">For the purposes of this subdivision the power to alter,<sidenote>ESTATE TAX AMENDMENTS.</sidenote> amend, or revoke shall be considered to exist on the date of the<sidenote>Powers to revoke, amend, etc.</sidenote> decedent’s death even though the exercise of the power is subject to a precedent giving of notice or even though the alteration, amendment, or revocation takes effect only on the expiration of a stated period after the exercise of the power, whether or not on or before the date of the decedent’s death notice has been given or the power has been exercised. In such cases proper adjustment shall be made<sidenote>Adjustments allowed.</sidenote> representing the interests which would have been excluded from the power if the decedent had lived, and for such purpose if the notice has not been given or the power has not been exercised on or before the date of his death, such notice shall be considered to have been given, or the power exercised, on the date of his death.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The relinquishment of any such power, not admitted or<sidenote>Relinquishment of power without consideration.</sidenote> shown to have been in contemplation of the decedent’s death, made within two years prior to his death without such a consideration and affecting the interest or interests (whether arising from one or more transfers or the creation of one or more trusts) of any one beneficiary of a value or aggregate value, at the time of such death, in excess of $5,000, then, to the extent of such excess, such relinquishment or relinquishments shall, unless shown to the contrary, be deemed to have been made in contemplation of death within the meaning of this title;”</content> </paragraph> </subsection> </quotedContent> </content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="402">SEC. 402. </num> <heading>PRIOR TAXED PROPERTY.<sidenote>Prior taxed property.</sidenote></heading> <content>Paragraph (2) of subdivision (a) and paragraph (2) of subdivision<sidenote>Estate tax deduction granted a decedent for prior taxed property restricted.</sidenote> (b) of section 303 of the Revenue Act of 1926, as amended, are amended by inserting before the period at the end of the second sentence of each such paragraph a comma and the following: “and<sidenote>Vol. 44, p. 72, amended.</sidenote> only if in determining the value of the net estate of the prior decedent no deduction was allowable under this paragraph in respect of the property or property given in exchange therefor”.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="403">SEC. 403. </num> <heading>CITIZENSHIP AND RESIDENCE OF DECEDENTS.<sidenote>Citizenship and residence of decedents.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Section 303(a) of the Revenue Act of 1926, as amended, is<sidenote>Provisions of, extended.</sidenote> amended by striking out “<quotedText>In the case of a resident</quotedText>” and inserting<sidenote>Vol. 44, p. 72.</sidenote> in lieu thereof “In the case of a citizen or resident of the United States”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 303(b) of such Act, as amended, is amended by<sidenote>Nonresident, not U.S; citizen.</sidenote> striking out “In the case of a nonresident” and inserting in lieu thereof “<quotedText>In the case of a nonresident not a citizen of the United<sidenote>Vol. 44, p. 73.</sidenote> States</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Section 303(c) of such Act, as amended, is amended by striking<sidenote>Vol. 44, p. 73.</sidenote> out “<quotedText>in the case of a nonresident</quotedText>” and inserting in lieu thereof “<quotedText>in the case of a nonresident not a citizen of the United States</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Section 303(d) and (e) of such Act, as amended, are amended by striking out the phrase “<quotedText>nonresident decedent</quotedText>” wherever such phrase appears in such subdivisions and inserting in lieu thereof in each case “<quotedText>nonresident not a citizen of the United States</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Section 304(a) and (b) of such Act, as amended, are amended<sidenote>Vol. 44, p. 74.</sidenote> by striking out “<quotedText>nonresident</quotedText>” wherever such word appears and inserting in lieu thereof in each case “<quotedText>nonresident not a citizen of the United States</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">Section 403 of the Revenue Act of 1932 is amended by striking<sidenote>Substitution of “citizen or resident of the United States”, in 1932 Act. Vol. 47, p. 245.</sidenote> out “<quotedText>resident decedent</quotedText>” and inserting in lieu thereof “<quotedText>citizen or resident of the United States</quotedText>”.</content> </subsection> </section> <page identifier="/us/stat/48/754">754</page> <section class="indent0 firstIndent0 fontsize10"> <num value="404">SEC. 404. </num> <heading>REAL ESTATE SITUATED OUTSIDE THE UNITED STATES.<sidenote>ESTATE TAX AMENDMENTS.</sidenote></heading> <content>So much of section 302 of the Revenue Act of 1926 as reads as<sidenote>Gross estate tax for estate taxes.Real estate without United Sates exempt.Vol. 44, p. 70.</sidenote> follows: “The value of the gross estate of the decedent shall be determined by including the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated” is amended to read as follows: “The value of the gross estate of the decedent shall be determined by including the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated, except real property situated outside the United States”.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="405">SEC. 405. </num> <heading>ESTATE TAX RATES.<sidenote>Estate tax rates.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Section 401 (b) of the Revenue Act of 1932 is amended to<sidenote>Rates modified.Vol. 47, p. 243.</sidenote> read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline"> The tentative tax referred to in subsection (a) (1) of this section shall equal the sum of the following percentages of the value of the net estate: “Upon net estates not in excess of $10,000, 1 per centum. “$100 upon net estates of $10,000; and upon net estates in excess of $10,000 and not in excess of $20,000, 2 per centum in addition of such excess. “$300 upon net estates of $20,000; and upon net estates in excess of $20,000 and not in excess of $30,000, 3 per centum in addition of such excess. “$600 upon net estates of $30,000; and upon net estates in excess of $30,000 and not in excess of $40,000, 4 per centum in addition of such excess. “$1,000 upon net estates of $40,000; and upon net estates in excess of $40,000 and not in excess of $50,000, 5 per centum in addition of such excess. “$1,500 upon net estates of $50,000; and upon net estates in excess of $50,000 and not in excess of $70,000, 7 per centum in addition of such excess. “$2,900 upon net estates of $70,000; and upon net estates in excess of $70,000 and not in excess of $100,000, 9 per centum in addition of such excess. “$5,600 upon net estates of $100,000; and upon net estates in excess of $100,000 and not in excess of $200,000, 12 per centum in addition of such excess. “$17,600 upon net estates of $200,000; and upon net estates in excess of $200,000 and not in excess of $400,000, 16 per centum in addition of such excess. “$49,600 upon net estates of $400,000; and upon net estates in excess of $400,000 and not in excess of $600,000, 19 per centum in addition of such excess. “$87,600 upon net estates of $600,000; and upon net estates in excess of $600,000 and not in excess of $800,000, 22 per centum in addition of such excess. “$131,600 upon net estates of $800,000; and upon net estates in excess of $800,000 and not in excess of $1,000,000, 25 per centum in addition of such excess. “$181,600 upon net estates of $1,000,000; and upon net estates in excess of $1,000,000 and not in excess of $1,500,000, 28 per centum in addition of such excess. “$321,600 upon net estates of $1,500,000; and upon net estates in excess of $1,500,000 and not in excess of $2,000,000, 31 per centum in addition of such excess. <page identifier="/us/stat/48/755">755</page> “$476,600 upon net estates of $2,000,000; and upon net estates in<sidenote>ESTATE TAX AMENDMENTS.Rates—Contd.</sidenote> excess of $2,000,000 and not in excess of $2,500,000, 34 per centum in addition of such excess. “$646,600 upon net estates of $2,500,000; and upon net estates in excess of $2,500,000 and not in excess of $3,000,000, 37 per centum in addition of such excess. “$831,600 upon net estates of $3,000,000; and upon net estates in excess of $3,000,000 and not in excess of $3,500,000, 40 per centum in addition of such excess. “$1,031,600 upon net estates of $3,500,000; and upon net estates in excess of $3,500,000 and not in excess of $4,000,000, 43 per centum in addition of such excess. “$1,246,600 upon net estates of $4,000,000; and upon net estates in excess of $4,000,000 and not in excess of $4,500,000, 46 per centum in addition of such excess. “$1,476,600 upon net estates of $4,500,000; and upon net estates in excess of $4,500,000 and not in excess of $5,000,000, 48 per centum in addition of such excess. “$1,716,600 upon net estates of $5,000,000; and upon net estates in excess of $5,000,000 and not in excess of $6,000,000, 50 per centum in addition of such excess. “$2,216,600 upon net estates of $6,000,000; and upon net estates in excess of $6,000,000 and not in excess of $7,000,000, 52 per centum in addition of such excess. “$2,736,600 upon net estates of $7,000,000; and upon net estates in excess of $7,000,000 and not in excess of $8,000,000, 54 per centum in addition of such excess. “$3,276,600 upon net estates of $8,000,000; and upon net estates in excess of $8,000,000 and not in excess of $9,000,000, 56 per centum in addition of such excess. “$3,836,600 upon net estates of $9,000,000; and upon net estates in excess of $9,000,000 and not in excess of $10,000,000, 58 per centum in addition of such excess. “$4,416,600 upon net estates of $10,000,000; and upon net estates in excess of $10,000,000, 60 per centum in addition of such excess.” </content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendment made by this section shall be effective only with respect to transfers of estates of decedents dying after the date of the enactment of this Act.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="406">SEC. 406. </num> <heading>NONDEDUCTIBILITY OF CERTAIN TRANSFERS.<sidenote>Nondeductibility of certain transfers.</sidenote></heading> <content>Section 303(a) (3) and section 303(b) (3) of the Revenue Act of<sidenote>Vol. 44, p. 72.</sidenote> 1926, as amended, are amended by inserting after “<quotedText>individual</quotedText>”, wherever appearing therein, a comma and the following: “and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation”.</content> </section> <num class="centered" value="III">TITLE III—</num> <heading class="inline">AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS<sidenote>AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="501">SEC. 501. </num> <heading>PERIOD FOR PETITION TO BOARD UNDER PRIOR ACTS.<sidenote>Petition to Board of Tax Appeals.</sidenote></heading> <content>Section 274(a) of the Revenue Act of 1926, section 308(a) of the<sidenote>Time for, extended.Vol. 44, pp. 55, 75; VoL 47, p. 250.</sidenote> Revenue Act of 1926, section 513(a) of the Revenue Act of 1932, and section 272(a) of the Revenue Act of 1928 and the Revenue Act of 1932 (relating to the period during which a taxpayer may petition the Board of Tax Appeals for redetermination of a deficiency), are amended by striking out “<quotedText>60 days</quotedText>” and inserting in lieu thereof “<quotedText>90 days</quotedText>”; by striking out “<quotedText>not counting Sunday as the sixtieth<sidenote>“Legal holiday in District of Columbia” added.</sidenote> day</quotedText>” and inserting in lieu thereof “<quotedText>not counting Sunday or a legal<page identifier="/us/stat/48/756">756</page> holiday in the District of Columbia as the ninetieth day</quotedText>”; and by<sidenote>AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS</sidenote> striking out “<quotedText>60-day</quotedText>” and inserting in lieu thereof “<quotedText>90-day</quotedText>”. The amendments made by this section shall apply only in respect of<sidenote>Not retroactive.</sidenote> notices mailed after 30 days after the date of the enactment of this Act.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="502">SEC. 502. </num> <heading>RECOVERY OF AMOUNTS ERRONEOUSLY REFUNDED.<sidenote>Recovery of amounts erroneously refunded.Vol. 45, p. 875.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Section 610 of the Revenue Act of 1928 is amended by adding at the end thereof a new subsection to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">Despite the provisions of subsections (a) and (b) such suit<sidenote>Time for bringing suit extended.</sidenote> may be brought at any time within five years from the making of the refund if it appears that any part of the refund was induced by fraud or the misrepresentation of a material fact.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) of this section shall<sidenote>Barred suits.</sidenote> not apply to any suit which was barred on the date of the enactment of this Act.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="503">SEC. 503. </num> <heading>STATUTE OF LIMITATIONS ON SUITS FOR REFUND.<sidenote>Statute of limitations on suits for refund.</sidenote></heading> <content>Section 608(b)(2) of the Revenue Act of 1928 is amended by<sidenote>Period for filing suspended.</sidenote> adding at the end thereof a new sentence to read as follows: “If such agreement has been entered into, the running of such statute of limitations<sidenote>Vol. 45, p. 874.</sidenote> shall be suspended in accordance with the terms of the agreement.”</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="504">SEC. 504. </num> <heading>OVERPAYMENTS FOUND BY THE BOARD OF TAX APPEALS.<sidenote>Overpayments found by Board.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">The last sentence of section 322(d) of the Revenue Act of<sidenote>Credit or refund.</sidenote> 1932 and of the Revenue Act of 1928 are amended to read as follows:<sidenote>Vol. 47, p. 243; Vol. 45, p. 861.</sidenote> “No such credit or refund shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within two years before the filing of the claim or the filing of the petition, whichever is earlier.”</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The last sentence of section 528(d) of the Revenue Act of<sidenote>Running of the statute of limitation.Vol. 47, p. 259.</sidenote> 1932 is amended to read as follows: “<quotedText>No such credit or refund shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within three years before the filing of the claim or the filing of the petition, whichever is earlier.</quotedText>”</content> </subsection> <subsection class="inline"> <num value="c">(c) </num> <content class="inline">The last sentence of section 284(e) of the Revenue Act of<sidenote>Refund restrictions.Vol. 46, p. 67.</sidenote> 1926, as amended, is amended to read as follows: “<quotedText>Unless the Board determines as part of its decision that the claim for credit or refund, or the petition, was filed within the time prescribed in subdivision (g) for filing claims, no such credit or refund shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within four years (or, in the case of a tax imposed by this title, within three years) before the filing of the claim or the filing of the petition, whichever is earlier.</quotedText>”</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The last sentence of section 319(c) of the Revenue Act of 1926,<sidenote>Refund only when payment made within four years.</sidenote> as amended, is amended to read as follows: “<quotedText>No such refund shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within four years (or in the case of a tax imposed by this title, within three years) before the filing of the claim or the filing of the petition, whichever is earlier.</quotedText>”</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The amendments made by subsections (a), (b), (c), and (d)<sidenote>Pending, etc., cases.</sidenote> of this section shall have no effect in the case of any proceeding before the Board on a petition if any hearing by the Board thereon has been held prior to 30 days after the date of the enactment of this Act.</content> </subsection> </section> <page identifier="/us/stat/48/757">757</page> <section class="indent0 firstIndent0 fontsize10"> <num value="505">SEC. 505. </num> <heading>BANKRUPTCY AND RECEIVERSHIPS.<sidenote>AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Section 274(a) of the Revenue Act of 1932 and the Revenue Act of 1928 and section 282(a) of the Revenue Act of 1926 are<sidenote>Bankruptcy and receiverships.Vol. 47, p. 237; Vol. 45, p. 856; Vol. 44, p. 62, amended.Assessment of tax deficiency. Procedure; running of statute of limitations suspended.</sidenote> amended by inserting after the first sentence thereof the following: <quotedContent> “In such cases the trustee in bankruptcy or receiver shall give notice in writing to the Commissioner of the adjudication of bankruptcy or the appointment of the receiver, and the running of the statute of limitations on the making of assessments shall be suspended for the period from the date of adjudication in bankruptcy or the appointment of the receiver to a date 30 days after the date upon which the notice from the trustee or receiver is received by the Commissioner; but the suspension under this sentence shall in no case be for a period in excess of two years.” </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendments made by subsection (a) shall not apply in<sidenote>Inapplicable cases.</sidenote> any case in which the adjudication has occurred, or the receiver has been appointed, prior to the date of the enactment of this Act.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="506">SEC. 506. </num> <heading>RETROACTIVITY OF REGULATIONS, RULINGS, ETC.<sidenote>Retroactivity of rulings.</sidenote></heading> <content>Section 1108(a) of the Revenue Act of 1926, as amended, is amended to read as follows:<sidenote>Vol. 46, p. 114.</sidenote> <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">“(a) </num> <content class="inline">The Secretary, or the Commissioner with the approval of the<sidenote>Determination as to extent internal revenue laws apply without retroactive effect.</sidenote> Secretary, may prescribe the extent, if any, to which any ruling, regulation, or Treasury Decision, relating to the internal revenue laws, shall be applied without retroactive effect.”</content> </subsection> </quotedContent> </content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="507">SEC. 507. </num> <heading>EXAMINATION OF BOOKS AND WITNESSES.<sidenote>Examination of books and witnesses.</sidenote></heading> <content>The Commissioner, for the purpose of determining the liability at<sidenote>Powers conferred on Commissioner, etc., as to.</sidenote> law or in equity of a transferee of the property of any person with respect to any Federal taxes imposed upon such person, is hereby authorized, by any officer or employee of the Bureau of Internal Revenue, including the field service, designated by him for that purpose, to examine any books, papers, records, or memoranda bearing upon such liability, and may require the attendance of the transferor or transferee, or of any officer or employee of such person, or the attendance of any other person having knowledge in the premises, and may take his testimony with reference to the matter, with power to administer oaths to such person or persons.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="508">SEC. 508. </num> <heading>SALE OF PERSONAL PROPERTY UNDER DISTRAINT.<sidenote>Sale of personal property under distraint.</sidenote></heading> <content>Section 3192 of the Revised Statutes is amended to read as follows:<sidenote><ref href="/us/bill/73/rs/613">R.S., sec. 3192, p. 613</ref>.</sidenote> <quotedContent> <section class="indent0 firstIndent1 fontsize10"> <num value="3192">“Sec. 3192. </num> <content class="inline">When any personal property is advertised for sale<sidenote>Purchase by U.S., of property seized when bid offered below price, etc.</sidenote> under distraint as aforesaid, the officer making the seizure shall proceed to sell such property at a public auction, offering the same at a minimum price, including the expenses of making the levy and of advertising the sale, and if the amount bid for such property at the sale is not equal to the minimum price so fixed, the officer conducting the sale may declare the same to be purchased by him for the United States. The property so purchased may be sold by the collector<sidenote>Resale provisions.</sidenote> within whose district the sale was made under such regulations as may be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury. The collector shall<sidenote>Accounting.</sidenote> render to the Commissioner a distinct account of all charges incurred in such sales, and, in case of resale, shall pay into the Treasury the<sidenote><ref href="/us/bill/73/rs/617">R.S., sec. 3210, p. 617</ref>.</sidenote> proceeds as provided in section 3210 of the Revised Statutes, as amended.”</content> </section> </quotedContent> </content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="509">SEC. 509. </num> <heading>DISCHARGE OF LIENS.<sidenote>Discharge of liens.</sidenote></heading> <content>Section 3186(c) of the Revised Statutes, as amended, is amended<sidenote><ref href="/us/bill/73/rs/612">R.S., sec. 3186, p. 612</ref>; Vol. 43, p. 994.</sidenote> by adding at the end thereof the following new paragraph:<page identifier="/us/stat/48/758">758</page> <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">May issue a certificate of discharge of any part of the property<sidenote>AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS.</sidenote> subject to the lien if there is paid over to the collector in part satisfaction of the liability in respect of such tax an amount determined<sidenote>Part payments.</sidenote> by the Commissioner, which shall not be less than the value, as determined by him, of the interest of the United States in the part to be so discharged. In determining such value the Commissioner<sidenote>Fair market value to determine.</sidenote> shall give consideration to the fair market value of the part to be so discharged and to such liens thereon as have priority to the lien of the United States.”</content> </paragraph> </quotedContent> </content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="510">SEC. 510. </num> <heading>JEOPARDY ASSESSMENTS.<sidenote>Jeopardy assessments.</sidenote></heading> <content class="inline">Section 1105 of the Revenue Act of 1932 is amended to read as<sidenote>Vol. 47, p. 287, amended.</sidenote> follows: <quotedContent> <section class="indent0 firstIndent0 fontsize10"> <num value="1105">“SEC. 1105. </num> <heading>JEOPARDY ASSESSMENT.</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">“(a) </num> <content class="inline">If the Commissioner believes that the collection of any tax<sidenote>Immediate assessment, etc., if collection jeopardized by delay.</sidenote> (other than income tax, estate tax, and gift tax) under any provision of the internal-revenue laws will be jeopardized by delay, he shall, whether or not the time otherwise prescribed by law for making return and paying such tax has expired, immediately assess such tax (together with all interest and penalties the assessment of which is provided for by law). Such tax, penalties, and interest<sidenote>Payment immediately due.</sidenote> shall thereupon become immediately due and payable, and immediate notice and demand shall be made by the collector for the payment thereof. Upon failure or refusal to pay such tax, penalty, and<sidenote>Collection by distraint upon failure to pay.</sidenote> interest, collection thereof by distraint shall be lawful without regard to the period prescribed in section 3187 of the Revised Statutes, as<sidenote><ref href="/us/bill/73/rs/612">R.S., sec. 3187, p. 612</ref>.</sidenote> amended.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The collection of the whole or any part of the amount of<sidenote>Postponement, when security provided.</sidenote> such assessment may be stayed by filing with the collector a bond in such amount, not exceeding double the amount as to which the stay is desired, and with such sureties, as the collector deems necessary, conditioned upon the payment of the amount collection of which is stayed, at the time at which, but for this section, such amount would be due.”</content> </subsection> </section> </quotedContent> </content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="511">SEC. 511. </num> <heading>GIFTS OF PROPERTY SUBJECT TO POWER.<sidenote>Gifts of property subject to power.</sidenote></heading> <content>Subsection (c) of section 501 of the Revenue Act of 1932 (relating<sidenote>Vol. 47, p. 245, repealed.</sidenote> to the inapplicability of gift tax in the case of the transfer of property in trust subject to the power of the donor to revest title in himself) is repealed.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="512">SEC. 512. </num> <heading>GENERAL COUNSEL FOR THE TREASURY.<sidenote>General Counsel for the Treasury.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">There is hereby created in the Department of the Treasury<sidenote>Appointment by the President, etc.Post, p. 1059.</sidenote> the office of General Counsel for the Department of the Treasury (hereinafter in this section referred to as the “General Counsel”). The General Counsel shall be appointed by the President, by and<sidenote>Compensation.</sidenote> with the advice and consent of the Senate, and shall receive compensation at the rate of $10,000 per annum. The General Counsel<sidenote>To be chief law officer of the department.</sidenote> shall be the chief law officer of the department, and shall perform such duties in respect of the legal activities thereof as may be prescribed by the Secretary or required by law. The President is<sidenote>Assistant General Counsel for Bureau of Internal Revenue authorized.</sidenote> authorized to appoint, by and with the advice and consent of the Senate, an Assistant General Counsel for the Bureau of Internal Revenue and to fix his compensation at a rate not in excess of $10,000 per annum. The Secretary may appoint and fix the duties<sidenote>Other Assistant Counsel to be appointed by the Secretary.</sidenote> of such other Assistant General Counsel (not to exceed five) and such other officers and employees as he may deem necessary to assist the General Counsel in the performance of his duties. The Secre<page identifier="/us/stat/48/759">759</page>tary may designate one of the Assistant General Counsel to act<sidenote>AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS.</sidenote> as the General Counsel during the absence of the General Counsel. The General Counsel, with the approval of the Secretary, is authorized to delegate to any Assistant General Counsel any authority, duty, or function which the General Counsel is authorized or required to exercise or perform. The Assistant General Counsel appointed by the Secretary may be appointed and compensated without regard to the provisions of the Classification Act of 1923, as amended, and the Civil Service laws and shall receive compensation at such rate (not in excess of $10,000 per annum) as may be fixed by the Secretary. The rate of compensation of any person appointed under the provisions of this subsection shall be subject to the reduction applicable to officers and employees of the Federal Government generally.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The offices of General Counsel for the Bureau of Internal<sidenote>Designated offices abolished.</sidenote> Revenue, Assistant General Counsel for the Bureau of Internal Revenue, Solicitor of the Treasury, and Assistant Solicitor of the Treasury are hereby abolished. The powers, duties, and functions of<sidenote>Powers, etc., transferred to the General Counsel; effective date.</sidenote> such offices are hereby transferred to the General Counsel. This subsection shall take effect when the General Counsel first appointed under subsection (a) qualifies and takes office.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Nothing in this section shall be construed to affect the duties,<sidenote>Existing powers of Department of Justice not hereby affected.</sidenote> powers, or functions imposed upon, or vested in the Department of Justice, or any officer thereof, by existing law.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num>SEC. 513. </num> <heading>ASSISTANTS IN THE TREASURY.<sidenote>Assistants in the Treasury.</sidenote></heading> <content>The Secretary of the Treasury is authorized (without regard to<sidenote>Appointment.</sidenote> the Classification Act of 1923, as amended, and the Civil Service laws) to appoint and fix the compensation of five assistants at rates of compensation of not to exceed $10,000 per annum, but the rates so<sidenote>Pay.</sidenote> fixed shall be subject to the reduction applicable to officers and employees of the Federal Government generally. The Secretary is<sidenote>Duties to be prescribed.</sidenote> authorized to delegate to such assistants any authority, duty, or function which he is authorized or required to exercise or perform. Whenever the President declares by Executive order that the emergency<sidenote>Termination, by Executive order.</sidenote> requiring the appointments under this section has ceased to exist, the persons appointed under this section shall cease to hold office under this section, and the power of the Secretary under this section shall terminate.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="514">SEC. 514. </num> <heading>PENALTIES AND AWARDS TO INFORMERS WITH RESPECT TO ILLEGALLY PRODUCED PETROLEUM.<sidenote>Penalties and awards with respect to illegally produced petroleum.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Any person liable for tax on any income from illegally produced<sidenote>Special additional penalties for willful failure to report income.</sidenote> petroleum, who willfully fails to make return showing such income within the time prescribed by law or 30 days after the enactment of this Act, whichever expires later, shall, in addition to all other penalties prescribed by law, be liable to a civil penalty of $500 plus $50 for each day during which such failure continues.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Any person not an officer or employee of the United States<sidenote>Reward authorized.</sidenote> who furnishes to the Commissioner or any collector original information leading to the recovery from any other person of any penalty under this section may be awarded and paid by the Commissioner a compensation of one-half the penalty so recovered, as determined by the Commissioner.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">As used in this section, the term “income from illegally produced<sidenote>“Income from illegally produced petroleum” defined.</sidenote> petroleum” means any income (not shown on a return made within the time prescribed by law or 30 days after the enactment of this Act, whichever expires later) arising out of any sale or purchase of crude petroleum withdrawn from the ground subsequent to<page identifier="/us/stat/48/760">760</page> January 1, 1932, in violation of any State or Federal law (not<sidenote>AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS.</sidenote> including withdrawal in violation of any code of fair competition approved under the National Industrial Recovery Act or illegal withdrawal the penalties for which have been mitigated or satisfied in pursuance of law prior to the enactment of this Act), or arising out of any fee derived from acting as agent for any seller or purchaser in connection with a sale or purchase of such petroleum or products thereof, or any amount illegally received by any person charged with the enforcement of law with respect to such petroleum or products thereof.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="515">SEC. 515. </num> <heading>POSTAL RATES.<sidenote>Postal rates, etc.</sidenote></heading> <content>Section 1001(a), as amended, of the Revenue Act of 1932, and<sidenote>Increase, extended to July 1, 1935.Vol. 47, p. 285; Ante, p. 2, 54.</sidenote> section 2 of the Act entitled “<shortTitle role="act">An Act to extend the gasoline tax for one year, to modify postage rates on mail matter, and for other purposes</shortTitle>”, approved June 16, 1933, are amended by striking out “<quotedText>1934</quotedText>” wherever such date appears and inserting in lieu thereof “<quotedText>1935</quotedText>”.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="516">SEC. 516. </num> <heading>COMMISSIONER AS PARTY TO SUIT.<sidenote>Commissioner as party to suit.</sidenote></heading> <content>Section 907 of the Revenue Act of 1924, as amended, is amended by adding at the end thereof a new subdivision to read, as follows: “<quotedText>(g) When the incumbent of the office of Commissioner changes,<sidenote>Substitution of successor’s name not required hereafter.</sidenote> no substitution of the name of his successor shall be required in proceedings pending after the date of the enactment of the Revenue Act of 1934 before any appellate court reviewing the action of the Board.</quotedText>”</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="517">SEC. 517. </num> <heading>NONDEDUCTIBILITY OF CERTAIN GIFTS.<sidenote>Nondeductibility of certain gifts.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Section 505(a) (2) (B) and section 505(b) (2) of the Revenue<sidenote>Community chests, domestic, religious, etc., corporations, etc.Vol. 47, p. 248.</sidenote> Act of 1932 are amended by inserting after “<quotedText>individual</quotedText>” a comma and the following: “and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation”,</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 505(b) (3) of the Revenue Act of 1932 is amended by inserting after “<quotedText>animals</quotedText>” a comma and the following: “no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation”.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="518">SEC. 518. </num> <heading>LIABILITY OF FIDUCIARY.<sidenote>Liability of fiduciary.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Section 3467 of the Revised Statutes (U.S.C., title 31, ch. 6,<sidenote><ref href="/us/bill/73/rs/687">R.S., sec. 3467, p. 687</ref>; <ref href="/us/bill/73/s/986">U.S.C., p. 986</ref>.Personal liability for U.S. claims where other debts preferred.</sidenote> sec. 192) is amended to read as follows: <quotedContent> <section class="indent0 firstIndent1 fontsize10"> <num value="3467">“<inline class="smallCaps">Sec</inline>. 3467. </num> <content class="inline">Every executor, administrator, or assignee, or other person, who pays, in whole or in part, any debt due by the person or estate for whom or for which he acts before he satisfies and pays the debts due to the United States from such person or estate, shall become answerable in his own person and estate to the extent of such payments for the debts so due to the United States, or for so much thereof as may remain due and unpaid.”</content> </section> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be applicable<sidenote>Decisions to cover payments after June 6, 1932.</sidenote> in the case of payments made after June 6, 1932.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="519">SEC. 519. </num> <heading>VENUE FOR APPEALS FROM BOARD OF TAX APPEALS.<sidenote>Venue for appeals from Board of Tax Appeals.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Section 1002 of the Revenue Act of 1926 is amended to read as follows: <quotedContent> <heading>“<inline class="centered smallCaps">venue</inline></heading> <section class="indent0 firstIndent1 fontsize10"> <num value="1002"><inline class="smallCaps">“Sec</inline>. 1002 </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Except as provided in subdivision (b), such decision may be reviewed by the Circuit Court of Appeals for the circuit in which is located the collector’s office to which was made the return<page identifier="/us/stat/48/761">761</page> of the tax in respect of which the liability arises or, if no return<sidenote>AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS.</sidenote> was made, then by the Court of Appeals of the District of Columbia.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Notwithstanding the provisions of subsection (a), such decision may be reviewed by any Circuit Court of Appeals, or the Court of Appeals of the District of Columbia, which may be designated by the Commissioner and the taxpayer by stipulation in writing.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 1002 of the Revenue Act of 1926, as amended by this section, shall be applicable to all decisions of the Board rendered on or after the date of the enactment of this Act, and such section, as in force prior to its amendment by this section, shall be applicable to such decisions rendered prior thereto, except that subdivision (b) thereof may be applied to any such decision rendered prior thereto.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="520">SEC. 520. </num> <heading>GIFT TAX RATES.<sidenote>Gift taxes.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">The gift-tax schedule set forth in section 502 of the Revenue<sidenote>Schedule.Vol. 47, p. 246, amended.</sidenote> Act of 1932 is amended to read as follows: <quotedContent> <content> “Upon net gifts not in excess of $10,000, three fourths of 1 per centum. “$75 upon net gifts of $10,000; and upon net gifts in excess of $10,000 and not in excess of $20,000, 1½ per centum in addition of such excess. “$225 upon net gifts of $20,000; and upon net gifts in excess of $20,000 and not in excess of $30,000, 2¼ per centum in addition of such excess. “$450 upon net gifts of $30,000; and upon net gifts in excess of $30,000 and not in excess of $40,000, 3 per centum in addition of such excess. “$750 upon net gifts of $40,000; and upon net gifts in excess of $40,000 and not in excess of $50,000, 3¾ per centum in addition of such excess. “$1,125 upon net gifts of $50,000; and upon net gifts in excess of $50,000 and not in excess of $70,000, 5¼ per centum in addition of such excess. “$2,175 upon net gifts of $70,000; and upon net gifts in excess of $70,000 and not in excess of $100,000, 6¾ per centum in addition of such excess. “$4,200 upon net gifts of $100,000; and upon net gifts in excess of $100,000 and not in excess of $200,000, 9 per centum in addition of such excess. “$13,200 upon net gifts of $200,000; and upon net gifts in excess of $200,000 and not in excess of $400,000, 12 per centum in addition of such excess. “$37,200 upon net gifts of $400,000; and upon net gifts in excess of $400,000 and not in excess of $600,000, 14¼ per centum in addition of such excess. “$65,700 upon net gifts of $600,000; and upon net gifts in excess of $600,000 and not in excess of $800,000, 16½ Per centum in addition of such excess. “$98,700 upon net gifts of $800,000; and upon net gifts in excess of $800,000 and not in excess of $1,000,000, 18¾ per centum in addition of such excess. “$136,200 upon net gifts of $1,000,000; and upon net gifts in excess of $1,000,000 and not in excess of $1,500,000, 21 per centum in addition of such excess. “$241,200 upon net gifts of $1,500,000; and upon net gifts in excess of $1,500,000 and not in excess of $2,000,000, 23¼ per centum in addition of such excess. <page identifier="/us/stat/48/762">762</page> “$357,450 upon net gifts of $2,000,000; and upon net gifts in<sidenote>AMENDMENTS TO PRIOR ACTS AND MISCELLANEOUS.—Contd.</sidenote> excess of $2,000,000 and not in excess of $2,500,000, 25½ per centum in addition of such excess.<sidenote>Gift taxes.</sidenote> “$484,950 upon net gifts of $2,500,000; and upon net gifts in excess of $2,500,000 and not in excess of $3,000,000, 27¾ per centum in addition of such excess. “$623,700 upon net gifts of $3,000,000; and upon net gifts in excess of $3,000,000 and not in excess of $3,500,000, 30 per centum in addition of such excess. “$773,700 upon net gifts of $3,500,000; and upon net gifts in excess of $3,500,000 and not in excess of $4,000,000, 32¼ per centum in addition of such excess. “$934,950 upon net gifts of $4,000,000; and upon net gifts in excess of $4,000,000 and not in excess of $4,500,000, 34½ per centum in addition of such excess. “$1,107,450 upon net gifts of $4,500,000; and upon net gifts in excess of $4,500,000 and not in excess of $5,000,000, 36 per centum in addition of such excess. “$1,287,450 upon net gifts of $5,000,000; and upon net gifts in excess of $5,000,000 and not in excess of $6,000,000, 37½ per centum in addition of such excess. “$1,662,450 upon net gifts of $6,000,000; and upon net gifts in excess of $6,000,000 and not in excess of $7,000,000, 39 per centum in addition of such excess. “$2,052,450 upon net gifts of $7,000,000; and upon net gifts in excess of $7,000,000 and not in excess of $8,000,000, 40½ per centum in addition of such excess. “$2,457,450 upon net gifts of $8,000,000; and upon net gifts in excess of $8,000,000 and not in excess of $9,000,000, 42 per centum in addition of such excess. “$2,877,450 upon net gifts of $9,000,000; and upon net gifts in excess of $9,000,000 and not in excess of $10,000,000, 43½ per centum in addition of such excess. “$3,312,450 upon net gifts of $10,000,000; and upon net gifts in excess of $10,000,000, 45 per centum in addition of such excess.” </content> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) of this section shall<sidenote>New rates to apply to gifts, etc., made in calendar year 1935 and thereafter.</sidenote> be applied in computing the tax for the calendar year 1935 and each calendar year thereafter (but not the tax for the calendar year 1934 or a previous calendar year), and such amendment shall be applied in all computations in respect of the calendar year 1934 and previous calendar years for the purpose of computing the tax for the calendar year 1935 or any calendar year thereafter.</content> </subsection> </section> <num class="centered" value="IV">TITLE IV—</num> <heading class="inline">EXCISE TAXES<sidenote>EXCISE TAXES</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="601">SEC. 601. </num> <heading>TERMINATION OF SOFT DRINK TAX.<sidenote>Soft drink tax.</sidenote></heading> <content>No tax shall be imposed under section 615 of the Revenue Act of<sidenote>Termination of.Vol. 47, p. 264.</sidenote> 1932 on the sale or use of any article if such sale or use takes place after the date of the enactment of this Act.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="602">SEC. 602. </num> <heading>TAX ON CERTAIN OILS.<sidenote>Tax on certain oils.</sidenote></heading> <content>Section 601(c) of the Revenue Act of 1932 is amended by adding<sidenote>Vol. 47, p 261, amended.</sidenote> at the end thereof a new paragraph as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">Whale oil (except sperm oil), fish oil (except cod oil, codliver<sidenote>Whale, etc., oils.</sidenote> oil, and halibut-liver oil), marine animal oil, and any combination or mixture containing a substantial quantity of any one or more of such oils, 3 cents per pound. The tax on the<sidenote>Application, etc.</sidenote> articles described in this paragraph shall apply only with respect<page identifier="/us/stat/48/763">763</page> to the importation of such articles after the date of the enactment<sidenote>EXCISE TAXES.</sidenote> of the Revenue Act of 1934, and shall not be subject to the provisions of subsection (b) (4) of this section (prohibiting drawback) or section 629 (relating to expiration of taxes).”</content> </paragraph> </quotedContent> </content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="602">SEC. 602½. </num> <heading>PROCESSING TAX ON CERTAIN OILS.<sidenote>Processing tax on certain oils.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">There is hereby imposed upon the first domestic processing<sidenote>Designated oils, having no previous domestic processing.</sidenote> of coconut oil, sesame oil, palm oil, palm kernal1<footnote><num>1</num> So in original</footnote>, oil, or sunflower oil, or of any combination or mixture containing a substantial quantity of any one or more of such oils with respect to any of which oils there has been no previous first domestic processing, a tax of 3 cents per pound, to be paid by the processor. There is<sidenote>Additional, on first processing of coconut oil, etc.</sidenote> hereby imposed (in addition to the tax imposed by the preceding sentence) a tax of 2 cents per pound, to be paid by the processor, upon the first domestic processing of coconut oil or of any combination or mixture containing a substantial quantity of coconut oil with respect to which oil there has been no previous first domestic processing, except that the tax imposed by this sentence shall not<sidenote>Exemptions.</sidenote> apply when it is established, in accordance with regulations prescribed by the Commissioner with the approval of the Secretary, that such coconut oil (whether or not contained in such a combination<sidenote>When wholly of Philippine production, etc.</sidenote> or mixture), (A) is wholly the production of the Philippine Islands or any other possession of the United States, or (B) was<sidenote>Or from materials of island, etc., possessions.</sidenote> produced wholly from materials the growth or production of the Philippine Islands or any other possession of the United States, or (C) was brought into the United States on or before the 30th<sidenote>Entry before effective date.</sidenote> day after the date of the enactment of this Act or produced from materials brought into the United States on or before the 30th day after the date of enactment of this Act, or (D) was purchased<sidenote>Contract purchases before April 26, 1924.</sidenote> under a bona fide contract entered into prior to April 26, 1934, or produced from materials purchased under a bona fide contract entered into prior to April 26, 1934. All taxes collected under<sidenote>Taxes under this section from Philippines held as separate fund and paid to Philippine treasury.</sidenote> this section with respect to coconut oil wholly of Philippine production or produced from materials wholly of Philippine growth or production, shall be held as a separate fund and paid to the Treasury of the Philippine Islands, but if at any time the Philippine Government provides by any law for any subsidy to be paid<sidenote>Inoperative if Philippine Government pays subsidy on copra, etc.</sidenote> to the producers of copra, coconut oil, or allied products, no further payments to the Philippine Treasury shall be made under this subsection. For the purposes of this section the term “first domestic<sidenote>“First domestic processing” defined.</sidenote> processing” means the first use in the United States, in the manufacture or production of an article intended for sale, of the article with respect to which the tax is imposed, but does not include the use of palm oil in the manufacture of tin plate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Each processor required to pay the tax imposed by this section<sidenote>Sworn returns, tax payments, etc., required.</sidenote> shall make monthly returns under oath in duplicate and pay the tax to the collector of internal revenue for the district in which is located his principal place of business, or if he has no principal place of business in the United States, then to the collector of internal revenue at Baltimore, Maryland. Such returns shall contain<sidenote>Information required.</sidenote> such information and be made at such times and in such manner as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulations prescribe. The tax shall, without assessment by the Commissioner or notice from the collector, be due and payable to the collector at the time so fixed for filing the return. If the tax is not paid when due, there shall<sidenote>Penalty for nonpayment.</sidenote> be added as part of the tax interest at the rate of 1 per centum per month from the time the tax became due until paid.</content> </subsection> <page identifier="/us/stat/48/764">764</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Subject to such rules and regulations as the Commissioner,<sidenote>EXCISE TAXES.</sidenote> with the approval of the Secretary, may prescribe, any person who<sidenote>Credits for sales to Government.</sidenote> has sold to a State, or a political subdivision thereof, for use in the exercise of an essential governmental function any article containing any such oil, combination, or mixture, upon the processing of which a tax has been paid under this section shall be entitled to a credit or refund of the tax paid with respect to the quantity of such oil, combination, or mixture contained in such article.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Upon the exportation to any foreign country or to a possession<sidenote>Export bounties.</sidenote> of the United States of any article wholly or m chief value of an article with respect to the processing of which a tax has been paid under this section, the exporter thereof shall be entitled to a refund of the amount of such tax. Upon the giving of bond satisfactory<sidenote>Processing, under bond.</sidenote> to the Secretary for faithful observance of the provisions of this section requiring the payment of taxes, any person shall be entitled, without payment of the tax, to process for such exportation any article with respect to which a tax is imposed by this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">If (1) any person has, prior to January 26, 1934, made a bona<sidenote>Sales under prior contracts.</sidenote> fide contract for the sale on or after the effective date of this section of any article wholly or in chief value of an article with respect to<sidenote>Collection of taxes under.</sidenote> which a tax is imposed by this section or of any article with respect to which a tax is imposed by this subsection, and if (2) such contract does not permit the addition to the amount to be paid thereunder of the whole of such tax, then (unless the contract expressly prohibits such addition) the vendee shall pay so much of the tax as is not permitted to be added to the contract price. Taxes payable by the vendee shall be paid to the vendor at the time the sale is consummated and shall be returned and paid to the United States by the vendor in the same manner as other taxes under this section. In case of failure or refusal by the vendee to pay such taxes to the vendor, the vendor shall report the facts to the Commissioner, who shall cause collection of such taxes to be made from the vendee.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">All provisions of law (including penalties) applicable in<sidenote>Existing provisions continued.Vol. 44, p. 93.</sidenote> respect of taxes imposed by section 600 of the Revenue Act of 1926, shall, insofar as applicable and not inconsistent with this section, be applicable in respect of the taxes imposed by this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">All collections except as provided in subsection (a) under<sidenote>All collections covered in.</sidenote> this section shall, notwithstanding any other provisions of law, be covered into the general fund of the Treasury of the United States.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="603">SEC. 603. </num> <heading>TAXES ON LUBRICATING OIL AND GASOLINE.<sidenote>Lubricating oil and gasoline.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Section 601(c) (1) of the Revenue Act of 1932, as amended, is<sidenote>Registration, filing bond, etc., required of dealers.Vol. 47, p. 259.</sidenote> amended by adding after the first sentence thereof the following: “<quotedText>Every person liable for tax under this paragraph shall register and file bond as provided in section 617, as amended.</quotedText>”</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Sections 617(a) and (b) of the Revenue Act of 1932, as<sidenote>Gasoline.Vol. 47, p. 266.</sidenote> amended, are amended to read as follows: <quotedContent> <subsection class="indent1 firstIndent1 fontsize10"> <num>“(a) </num> <content class="inline">There is hereby imposed on gasoline sold by the producer<sidenote>Rate.</sidenote> or importer thereof, or by any producer of gasoline, a tax of 1 cent a gallon, except that under regulations prescribed by the Commissioner<sidenote>Exception.</sidenote> with the approval of the Secretary the tax shall not apply in the case of sales to a producer of gasoline.</content> </subsection> <subsection class="indent1 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">If a producer or importer uses (otherwise than in the<sidenote>Producer or importer using tax-free gasoline; considered a sale.</sidenote> production of gasoline) gasoline sold to him free of tax, or produced or imported by him, such use shall for the purposes of this title be considered a sale. Any person to whom gasoline is sold<sidenote>Producer construed.Vol. 47, p. 266.</sidenote> tax-free under this section on or after the effective date of the Revenue Act of 1932 shall be considered the producer of such gasoline.”</content> </subsection> </quotedContent> </content> </subsection> <page identifier="/us/stat/48/765">765</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Effective on the thirtieth day after the enactment of this Act,<sidenote>EXCISE TAXES.</sidenote> section 617 (c) (2) of the Revenue Act of 1932, as amended, is further amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the term gasoline means (A) all products commonly or<sidenote>Definition of gasoline modified.</sidenote> commercially known or sold as gasoline (including casing-head and natural gasoline), benzol, benzene, or naphtha, regardless of their classifications or uses; and (B) any other liquid of a kind prepared,<sidenote>Any other liquid motor fuel.</sidenote> advertised, offered for sale or sold for use as, or used as, a fuel for the propulsion of motor vehicles, motor boats, or airplanes; except that it does not include any of the foregoing (other<sidenote>Exception.</sidenote> than products commonly or commercially known or sold as gasoline) sold for use otherwise than as a fuel for the propulsion of motor vehicles, motor boats, or airplanes, and otherwise than in the manufacture or production of such fuel, and does not include kerosene, gas oil, or fuel oil.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Section 617 of the Revenue Act of 1932, as amended, is<sidenote>Vol. 47, p. 267, amended.</sidenote> amended by adding at the end thereof the following subsections: <quotedContent> <subsection class="indent1 firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">Every person subject to tax under this section or section<sidenote>Registration and bonding of manufacturers and producers of gasoline and lubricating oil.</sidenote> 601(c)(1) shall, before the thirtieth day after the date of the enactment of the Revenue Act of 1934 (or in the case of a person commencing business after such day before incurring any liability for tax under such sections) register with the collector for the district in which is located his principal place of business (or, if he has no principal place of business in the United States, with the collector at Baltimore, Maryland) and shall give a bond, to be approved by such collector, conditioned that he shall not engage in any attempt, by himself or by collusion with others, to defraud the United States<sidenote>Furnishing information.</sidenote> of any tax under such sections; that he shall render truly and completely all returns, statements, and inventories required by law or regulations in pursuance thereof and shall pay all taxes due under such sections; and that he shall comply with all requirements of law and regulations in pursuance thereof with respect to tax under such sections. Such bond shall be in such sum as<sidenote>Security required.</sidenote> the collector may require in accordance with regulations prescribed by the Commissioner with the approval of the Secretary, but not less than $2,000. The collector may from time to time require new or additional bond in accordance with this subsection. Every person who fails to register or give bond as required by<sidenote>Penalty provisions.</sidenote> this subsection, or who in connection with any purchase of gasoline or lubricating oil falsely represents himself to be registered and bonded as provided by this subsection, or who willfully makes any false statement in an application for registration under this subsection, shall upon conviction thereof be fined not more than $5,000 or imprisoned not more than five years, or both, together with the costs of prosecution. If the Commissioner finds that any<sidenote>Revocation of registration.</sidenote> manufacturer or producer has at any time evaded any Federal tax on gasoline or lubricating oil, he may revoke the registration of such manufacturer or producer, and no sale to, or for resale to, such manufacturer or producer thereafter shall be tax-free<sidenote>Vol. 47, pp. 259, 267.</sidenote> under section 601(c)(1), this section, or section 620, as amended, but such manufacturer or producer shall not be relieved of the requirement of giving bond under this subsection.</content> </subsection> <subsection class="indent1 firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">Under regulations prescribed by the Commissioner with<sidenote>Returns, reports, etc., open to inspection of Government officers.</sidenote> the approval of the Secretary, records required to be kept with respect to taxes under section 601(c) (1), as amended, or this section, and returns, reports, and statements with respect to such taxes filed with the Commissioner or a collector, shall be open to inspection by such officers of any State or Territory or political<page identifier="/us/stat/48/766">766</page> subdivision thereof or the District of Columbia as shall be charged<sidenote>EXCISE TAXES.</sidenote> with the enforcement or collection of any tax on gasoline or lubricating oils. The Commissioner and each collector shall furnish to<sidenote>Copies furnished.</sidenote> any of such officers, upon written request, certified copies of any such statements, reports, or returns filed in his office upon the payment of a fee of $1 for each one hundred words or fraction thereof in the copy or copies requested.”</content> </subsection> </quotedContent> </content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="604">SEC. 604. </num> <heading>PRODUCERS’ TAX ON CRUDE PETROLEUM.<sidenote>Producers’ tax on crude petroleum.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">There is hereby imposed on crude petroleum sold by the producer<sidenote>Payment by producer.</sidenote> thereof, a tax of one-tenth of 1 cent per barrel of 42 gallons, to be paid by the producer. Under regulations prescribed by the Commissioner, with the approval of the Secretary, such tax shall not apply to crude petroleum produced from any well which is not<sidenote>Wells producing 5 barrels or less per day exempt.</sidenote> capable of producing more than 5 barrels per day.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Every person purchasing crude petroleum from the producer<sidenote>Method of collecting.</sidenote> thereof, and taking delivery thereof at the premises where produced, shall collect the tax imposed by subsection (a) from the producer. Every such purchaser, and every producer liable for any tax under this section not so collected from him, shall make monthly returns<sidenote>Monthly returns.</sidenote> under oath and pay such taxes to the collector for the district in which are located the premises where such crude petroleum was produced. Such returns shall contain such information and be made at such times and in such manner as the Commissioner, with the approval of the Secretary, may by regulations prescribe.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Every purchaser required to collect any tax under this section shall make such collection by deducting and withholding the amount of such tax from any payments made by such purchaser to the producer. Every such purchaser is hereby indemnified against the claims and demands of such producer for the amount of any payments made in accordance with the provisions of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The Commissioner, with the approval of the Secretary, may<sidenote>Security, bond required.</sidenote> require such bond or other security from any person subject to any provision of this section as he deems necessary for the protection of<sidenote>Form and conditions thereof.</sidenote> the revenue and to assure compliance with this section and other provisions of law applicable with respect to the tax imposed by this section, and may prescribe the form and conditions thereof, provide for the approval of the sureties thereon (without regard to any general provision of law), fix the amount and penalty thereof (whether for the payment of liquidated damages or of a penal sum), and authorize the cancellation of any such bond, in the event of a breach of any condition thereof, upon the payment of such lesser amount as he may deem sufficient. Any person willfully failing to comply<sidenote>Punishment for violation.</sidenote> with any such requirement shall, upon conviction, be fined not more than $1,000, or imprisoned not more than six months, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">In addition to records and reports otherwise required by law<sidenote>Operator to keep records, make reports, etc.</sidenote> or regulation, every working interest operator of a well producing crude petroleum or otherwise taking crude petroleum from the earth or waters thereof (whether or not the producer as defined in this section) shall keep such records and make such reports with respect to production and disposition of crude petroleum, at such time and in such manner, as the regulations shall prescribe. Records, reports,<sidenote>Inspection of.</sidenote> and returns required under this section or any provision of law applicable with respect to tax under this section "shall, wherever held, be open to inspection at all reasonable hours by any duly authorized representative of the Commissioner or any agency of the United States or any State having supervisory or regulatory powers over the production of crude petroleum.</content> </subsection> <page identifier="/us/stat/48/767">767</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <chapeau class="inline">For the purposes of this section—<sidenote>EXCISE TAXES.</sidenote> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the refining of crude petroleum on the premises where produced,<sidenote>Operation constituting a sale.</sidenote> the removal of crude petroleum therefrom, or any transfer or other disposition of crude petroleum shall be considered a sale.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the term “producer” means the person owning crude<sidenote>“Producer” defined.</sidenote> petroleum or having any interest in or title to crude petroleum at the time of its production.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the term “working interest operator” means the person<sidenote>“Working interest operator”.</sidenote> having the management and operation of a well.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the amount of crude petroleum produced shall be determined<sidenote>Allowance for basic sediment and water in amount sold.</sidenote> with allowance for any reasonable and bona fide deduction for basic sediment and water agreed upon by the producer and the purchaser for the purpose of determining the amount sold.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">The provisions of section 623 and sections 771 to 774, inclusive,<sidenote>Vol. 47, pp. 268, 277–278.</sidenote> of the Revenue Act of 1932 shall be applicable with respect to the tax imposed by this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">This section shall take effect on the thirtieth day after the<sidenote>In effect in 30 days.</sidenote> date of its enactment.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="605">SEC. 605. </num> <heading>TAX ON REFINING OF CRUDE PETROLEUM.<sidenote>Refining crude petroleum.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">There is hereby imposed (1) on crude petroleum refined or<sidenote>Tax imposed, to be paid by the refiner, etc.</sidenote> processed in the United States, a tax of one-tenth of one cent per barrel of forty-two gallons, to be paid by the refiner or processor, and (2) on gasoline produced or recovered in the United States<sidenote>Gasoline produced from natural gas.</sidenote> from natural gas a tax of one-tenth of one cent per barrel of forty-two gallons, to be paid by the person producing or recovering such gasoline.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Every person liable for tax under this section shall make<sidenote>Sworn monthly returns to be made.</sidenote> monthly returns under oath in triplicate for each plant or refinery, and pay such taxes to the collector for the district in which such plant or refinery is located. Such returns shall contain such information and be made at such times and in such manner as the Commissioner with the approval of the Secretary may by regulations prescribe. The tax shall, without assessment by the Commissioner or<sidenote>Payment of tax.</sidenote> notice from the collector, be due and payable to the collector at the time fixed for filing the return. If the tax is not paid when due there shall be added as part of the tax interest at the rate of one per centum a month from the time when the tax becomes due until paid. Every refiner or processor shall (in addition to records otherwise required by law or regulation) keep such records as shall be<sidenote>Record of daily receipts, stocks, disposals, etc.</sidenote> prescribed by regulations under this section showing daily receipts, stocks, and disposals of crude petroleum and the names and addresses of the persons from whom received. Every person handling, transporting, storing, or dealing in any manner in crude petroleum shall keep such records and make such returns with respect to transactions in crude petroleum as shall be required by regulations under this section. Returns and records required under<sidenote>Official inspection.</sidenote> this section shall be open to inspection at all reasonable hours by any duly authorized representative of the Commissioner or any agency of the United States or any State having supervisory or regulatory powers over the production of crude petroleum.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">As used in this section, the term “gasoline” means gasoline<sidenote>Meaning of term “gasoline”.Vol. 47, p. 267; Ante, p. 206.</sidenote> as defined in section 617 of the Revenue Act of 1932, as amended.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The Commissioner, with the approval of the Secretary, shall<sidenote>Regulations to be prescribed.</sidenote> prescribe such regulations as he deems necessary for the enforcement of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">All provisions of law (including penalties) applicable with<sidenote>Existing law provisions continued.Vol. 44, p. 93.</sidenote> respect to the taxes imposed by section 600 of the Revenue Act of 1926, shall, insofar as applicable and not inconsistent with this section, be applicable with respect to the taxes imposed by this section.</content> </subsection> <page identifier="/us/stat/48/768">768</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">This section shall take effect on the thirtieth day after the<sidenote>EXCISE TAXES.Effective date of section.</sidenote> date of the enactment of this Act.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="606">SEC. 606. </num> <heading>TERMINATION OF BANK CHECK TAX.<sidenote>Tax on bank checks, etc.</sidenote></heading> <content>Section 751, as amended, of the Revenue Act of 1932 is amended<sidenote>To terminate July 1, 1935.Vol. 47, p. 276.</sidenote> by striking out “<quotedText>July 1, 1935</quotedText>” and inserting in lieu thereof “<quotedText>January 1, 1935</quotedText>”.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="607">SEC. 607. </num> <heading>ENFORCEMENT OF LIABILITY FOR TAXES COLLECTED.<sidenote>Enforcement of liability for taxes collected.</sidenote></heading> <content>Whenever any person is required to collect or withhold any internal-revenue tax from any other person and to pay such tax over to the United States, the amount of tax so collected or withheld shall be held to be a special fund in trust for the United States. The amount of such fund shall be assessed, collected, and paid in the same manner and subject to the same provisions and limitations (including penalties) as are applicable with respect to the taxes from which such fund arose.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="608">SEC. 608. </num> <heading>TAX ON FURS.<sidenote>Furs.</sidenote></heading> <content>The tax imposed by section 604 of the Revenue Act of 1932 shall<sidenote>Less than $75 value exempt.Vol. 47, p. 261.</sidenote> not apply to articles sold by the manufacturer, producer, or importer, after the date of the enactment of this Act, for less than $75.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="609">SEC. 609. </num> <heading>TAX ON JEWELRY, ETC.<sidenote>Jewelry, etc.</sidenote></heading> <content>The tax imposed by section 605 of the Revenue Act of 1932 shall<sidenote>Tax not to apply to articles sold less than $25.Vol. 47, p. 261.</sidenote> not apply to articles sold by the manufacturer, producer, or importer, after the date of the enactment of this Act, for less than $25.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="610">SEC. 610. </num> <heading>TAX ON CIGARETTES.<sidenote>Cigarettes.</sidenote></heading> <content> Effective on the day following the date of the enactment of this<sidenote>Vol. 44, p. 87, amended.</sidenote> Act, the last two paragraphs of section 400(a) of the Revenue Act of 1926 are amended to read as follows: “On cigarettes made of tobacco, or any substitute therefor, and<sidenote>Rate on long, etc., modified.</sidenote> weighing not more than three pounds per thousand, $3 per thousand; “Weighing more than three pounds per thousand, $7.20 per thousand;<sidenote>Weight.</sidenote> except that if more than 6½ inches in length they shall be taxable at the rate provided in the preceding paragraph, counting each 2¾ inches (or fraction thereof) of the length of each as one cigarette.” </content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="611">SEC. 611. </num> <heading>TAX ON MATCHES.<sidenote>Matches.</sidenote></heading> <content>Effective on the day following the date of enactment of this Act,<sidenote>Rate on fancy wooden, etc., increased.Vol. 47, p. 264, amended.</sidenote> section 612 of the Revenue Act of 1932 (relating to the tax on matches), is amended by adding before the period at the end thereof a comma and the following: “<quotedText>and except that in the case of fancy wooden matches and wooden matches having a stained, dyed, or colored stick or stem, packed in boxes or in bulk, the tax shall be 5 cents per one thousand matches.</quotedText>”</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="612">SEC. 612. </num> <heading>STAMP TAX ON SALES OF PRODUCE FOR FUTURE DELIVERY.<sidenote>Stamp tax on sales of produce for future delivery.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Effective on the day following the enactment of this Act<sidenote>Rate reduced.Vol. 44, p. 102.</sidenote> subdivision 4 of Schedule A of Title VIII of the Revenue Act of 1926, as amended, is amended by striking out “<quotedText>5 cents</quotedText>” wherever appearing in such subdivision, and inserting in lieu thereof “<quotedText>3 cents</quotedText>”.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 726(c) of the Revenue Act of 1932 is amended by<sidenote>Contracts for future delivery.</sidenote> striking out “<quotedText>‘5 cents’</quotedText>” and inserting in lieu thereof “<quotedText>‘3 cents’</quotedText>”.</content> </subsection> </section> <page identifier="/us/stat/48/769">769</page> <section class="indent0 firstIndent0 fontsize10"> <num value="613">SEC. 613. </num> <heading>TERMINATION OF TAX ON USE OF BOATS.<sidenote>EXCISE TAXES.</sidenote></heading> <content>Section 761 of the Revenue Act of 1932, as amended, shall not<sidenote>Foreign and domestic built boats. Tax on use of, to terminate, June 30, 1934.</sidenote> apply to the use of any boat after June 30, 1934.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="614">SEC. 614. </num> <heading>TERMINATION OF TAX ON CANDY.<sidenote>Candy.</sidenote></heading> <content>The tax imposed by section 613 of the Revenue Act of 1932 shall<sidenote>Tax on repealed.Vol. 47, p. 264, amended.</sidenote> not apply to candy sold by the manufacturer, producer, or importer after the date of the enactment of this Act.</content> </section> <num class="centered" value="V">TITLE V—</num> <heading class="inline">CAPITAL STOCK AND EXCESS-PROFITS TAXES<sidenote>CAPITAL STOCK AND EXCESS-PROFITS TAXES.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="701">SEC. 701. </num> <heading>CAPITAL STOCK TAX.<sidenote>Capital stock.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">For each year ending June 30, beginning with the year ending<sidenote>Excise tax imposed on domestic corporations.</sidenote> June 30, 1934, there is hereby imposed upon every domestic corporation with respect to carrying on or doing business for any part of such year an excise tax of $1 for each $1,000 of the adjusted declared value of its capital stock.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">For each year ending June 30, beginning with the year ending<sidenote>Foreign corporations doing business in United States.</sidenote> June 30, 1934, there is hereby imposed upon every foreign corporation with respect to carrying on or doing business in the United States for any part of such year an excise tax equivalent of $1 for each $1,000 of the adjusted declared value of capital employed in the transaction of its business in the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">The taxes imposed by this section shall not apply—<sidenote>Exemptions.</sidenote> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to any corporation enumerated in section 101;<sidenote>Ante, p. 700.</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to any insurance company subject to the tax imposed by section 201, 204, or 207;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">to any domestic corporation in respect of the year ending<sidenote>Domestic corporations, for part of period; to June 30, 1934.</sidenote> June 30, 1934, if it did not carry on or do business during a part of the period from the date of the enactment of this Act to June 30, 1934, both dates inclusive; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">to any foreign corporation in respect of the year ending<sidenote>Foreign corporations.</sidenote> June 30, 1934, if it did not carry on or do business in the United States during a part of the period from the date of the enactment of this Act to June 30, 1934, both dates inclusive.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Every corporation liable for tax under this section shall make<sidenote>Sworn declaration to be made.</sidenote> a return under oath within one month after the close of the year with respect to which such tax is imposed to the collector for the district in which is located its principal place of business or, if it has no principal place of business in the United States, then to the collector at Baltimore, Maryland. Such return shall contain such information<sidenote>Information required.</sidenote> and be made in such manner as the Commissioner with the approval of the Secretary may by regulations prescribe. The tax<sidenote>Payment of tax.</sidenote> shall, without assessment by the Commissioner or notice from the collector, be due and payable to the collector before the expiration of the period for filing the return. If the tax is not paid when due, there shall be added as part of the tax interest at the rate of 1 per centum a month from the time when the tax became due until paid. All provisions of law (including penalties) applicable in respect of<sidenote>Applicable provisions of existing law continued.Vol. 44, p. 93.</sidenote> the taxes imposed by section 600 of the Revenue Act of 1926 shall, insofar as not inconsistent with this section, be applicable in respect of the taxes imposed by this section. The Commissioner may extend<sidenote>Time may be extended.</sidenote> the time for making the returns and paying the taxes imposed by this section, under such rules and regulations as he may prescribe with the approval of the Secretary, but no such extension shall be for more than sixty days.</content> </subsection> <page identifier="/us/stat/48/770">770</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Returns required to be filed for the purpose of the tax imposed<sidenote>CAPITAL STOCK AND EXCESS-PROFITS TAXES.</sidenote> by this section shall be open to inspection in the same manner, to the same extent, and subject to the same provisions of law, including<sidenote>Returns open to official inspection.Vol. 44, p. 10.</sidenote> penalties, as returns made under Title II of the Revenue Act of 1926.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">For the first year ending June 30 in respect of which a tax<sidenote>Basis for capital stock tax.Computation, for first year.</sidenote> is imposed by this section upon any corporation, the adjusted declared value shall be the value, as declared by the corporation in its first return under this section (which declaration of value cannot be amended), as of the close of its last income-tax taxable year ending at or prior to the close of the year for which the tax is imposed by this section (or as of the date of organization in the case of a corporation having no income-tax taxable year ending at or prior to the close of the year for which the tax is imposed by this section). For any subsequent year ending June 30, the adjusted declared value<sidenote>Subsequent years.</sidenote> in the case of a domestic corporation shall be the original declared value plus (1) the cash and fair market value of property paid in<sidenote>Cash and fair market value paid in for stock, etc.Paid in surplus, etc.Net income.</sidenote> for stock or shares, (2) paid in surplus and contributions to capital, (3) its net income, (4) the excess of its income wholly exempt from the taxes imposed by Title I over the amount disallowed as a deduction by section 24(a) (5) of such title, and (5) the amount of the<sidenote>Dividend deduction for income tax.Minus property, earnings or profits, etc., distribution.</sidenote> dividend deduction allowable for income tax purposes, and minus (A) the value of property distributed in liquidation to shareholders, (B) distributions of earnings or profits, and (C) the excess of the deductions allowable for income tax purposes over its gross income; adjustment<sidenote>Adjustments made annually.</sidenote> being made for each income-tax taxable year included in the period from the date as of which the original declared value was declared to the close of its last income-tax taxable year ending at or prior to the close of the year for which the tax is imposed by this section. The amount of such adjustment for each such year shall be computed (on the basis of a separate return) according to the income tax law applicable to such year. For any subsequent year ending June 30, the adjusted declared value in the case of a foreign corporation shall be the original declared value adjusted (for the same income-tax taxable years as in the case of a domestic corporation), in accordance with regulations prescribed by the Commissioner with the approval of the Secretary, to reflect increases or decreases in the capital employed in the transaction of its business in the United States.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="702">SEC. 702. </num> <heading>EXCESS-PROFITS TAX.<sidenote>Excess-profits tax.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">There is hereby imposed upon the net income of every corporation,<sidenote>Levy upon net income of corporation taxable under capital stock tax.</sidenote> for each income-tax taxable year ending after the close of the first year in respect of which it is taxable under section 701, an excess-profits<sidenote>Computation.</sidenote> tax equivalent to 5 per centum of such portion of its net income for such income-tax taxable year as is in excess of 12½ per centum of the adjusted declared value of its capital stock (or in the case of a foreign corporation the adjusted declared value of capital employed in the transaction of its business in the United States) as of the close of the preceding income-tax taxable year (or as of the date of organization if it had no preceding income-tax taxable year) determined as provided in section 701. If the income-tax taxable<sidenote>Fraction of year.</sidenote> year in respect of which the tax under this section is imposed is a period of less than 12 months, such adjusted declared value shall be reduced to an amount which bears the same ratio thereto as the number of months in the period bears to 12 months. For the purposes of this section the net income shall be the same as the net income for income tax purposes for the year in respect of which the tax under this section is imposed.</content> </subsection> <page identifier="/us/stat/48/771">771</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">All provisions of law (including penalties) applicable in<sidenote>CAPITAL STOCK AND EXCESS-PROFITS TAXES.</sidenote> respect of the taxes imposed by Title I of this Act, shall, insofar as not inconsistent with this section, be applicable in respect of the tax<sidenote>Laws applicable.</sidenote> imposed by this section, except that the provisions of section 131 of that title shall not be applicable.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="703">SEC. 703. </num> <heading>CAPITAL STOCK TAX AND EXCESS-PROFITS TAX IMPOSED BY NATIONAL INDUSTRIAL RECOVERY ACT.<sidenote>Capital stock tax and excess-profits tax imposed by National Industrial Recovery Act.</sidenote></heading> <content>Sections 217(d) and (e) of the National Industrial Recovery Act<sidenote>Ante, p. 209.</sidenote> are amended to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The capital-stock tax imposed by section 215 shall not apply<sidenote>Levy under, as to certain periods covered herein, terminated.</sidenote> to any taxpayer in respect of any year except the year ending June 30, 1933.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The excess-profits tax imposed by section 216 shall not apply<sidenote>Ante, pp. 207, 208.</sidenote> to any taxpayer in respect of any taxable year ending after June 30, 1934.”</content> </subsection> </quotedContent> </content> </section> <num class="centered" value="VI">TITLE VI—</num> <heading class="inline">GENERAL PROVISIONS<sidenote>GENERAL PROVISIONS.</sidenote></heading> <section class="indent0 firstIndent0 fontsize10"> <num value="801">SEC. 801. </num> <heading>DEFINITIONS.<sidenote>Definitions.</sidenote></heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">When used in this Act—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The term “person” means an individual, a trust or estate,<sidenote>“Person.”</sidenote> a partnership, or a corporation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The term “corporation” includes associations, joint-stock<sidenote>“Corporation.”</sidenote> companies, and insurance companies.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The term “partnership” includes a syndicate, group, pool,<sidenote>“Partnership.”</sidenote> joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this Act, a<sidenote>“Partner.”</sidenote> trust or estate or a corporation; and the term “partner” includes a member in such a syndicate, group, pool, joint venture, or organization.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The term “domestic” when applied to a corporation or<sidenote>“Domestic.”</sidenote> partnership means created or organized in the United States or under the law of the United States or of any State or Territory.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The term “foreign” when applied to a corporation or<sidenote>“Foreign.”</sidenote> partnership means a corporation or partnership which is not domestic.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">The term “fiduciary” means a guardian, trustee, executor,<sidenote>“Fiduciary.”</sidenote> administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">The term “withholding agent” means any person required<sidenote>“Withholding agent.”</sidenote> to deduct and withhold any tax under the provisions of section 143 or 144.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">The term “stock” includes the share in an association,<sidenote>“Stock.”</sidenote> joint-stock company, or insurance company.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">The term “shareholder” includes a member in an association,<sidenote>“Shareholder.”</sidenote> joint-stock company, or insurance company.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">The term “United States” when used in a geographical<sidenote>“United States.”</sidenote> sense includes only the States, the Territories of Alaska and Hawaii, and the District of Columbia.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content class="inline">The term “Secretary” means the Secretary of the<sidenote>“Secretary.”</sidenote> Treasury.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content class="inline">The term “Commissioner” means the Commissioner of<sidenote>“Commissioner.”</sidenote> Internal Revenue.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content class="inline">The term “collector” means collector of internal revenue.<sidenote>“Collector.”</sidenote> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content class="inline">The term “taxpayer” means any person subject to a tax<sidenote>“Taxpayer.”</sidenote> imposed by this Act.</content> </paragraph> </subsection> <page identifier="/us/stat/48/772">772</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The terms “includes” and “including” when used in a definition<sidenote>GENERAL PROVISIONS.</sidenote> contained in this Act shall not be deemed to exclude other<sidenote>“Includes” and “including.”</sidenote> things otherwise within the meaning of the term defined.</content> </subsection> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="802">SEC. 802. </num> <heading>SEPARABILITY CLAUSE.<sidenote>Separability clause.</sidenote></heading> <content>If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.</content> </section> <section class="indent0 firstIndent0 fontsize10"> <num value="803">SEC. 803. </num> <heading>EFFECTIVE DATE OF ACT.<sidenote>Effective date.</sidenote></heading> <content>Except as otherwise provided, this Act shall take effect upon its enactment.</content> </section> Approved, May 10, 1934, 11.40 a.m.

To limit the operation of statutes of limitations in certain cases. 48 Stat. 772 Chapter 278 1934-05-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 278.]

AN ACT To limit the operation of statutes of limitations in certain cases.

May 10, 1934.

[S. 2460.]

[Public, No. 217.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Statute of limitations.

Return of new indictment after period prescribed by, has expired.

That whenever an indictment is found defective or insufficient for any cause, after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned at any time during the next succeeding term of court following such finding, during which a grand jury thereof shall be in session.

Sec. 2. Whenever an indictment is found defective or insufficient

If period will expire before end of next regular term.

for any cause, before the period prescribed by the applicable statute of limitations has expired, and such period will expire before the end of the next regular term of the court to which such indictment was returned, a new indictment may be returned not later than the end of the next succeeding term of such court, regular or special, following the term at which such indictment was found defective or insufficient, during which a grand jury thereof shall be in session.

Sec. 3. In the event of reindictment under the provisions of this

Defense of statute not to prevail against new indictment.

Act the defense of the statute of limitations shall not prevail against the new indictment, any provision of law to the contrary notwithstanding.

Sec. 4. The provisions of this Act shall not apply to any indictment

Not applicable when statute has run.

against which the statute of limitations has run at the date of approval hereof.

Approved, May 10, 1934.

To authorize the addition of certain lands to the Ochoco National Forest, Oregon. 48 Stat. 772 Chapter 279 1934-05-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 279.]

AN ACT To authorize the addition of certain lands to the Ochoco National Forest, Oregon.

May 11, 1934.

[S. 285.]

[Public, No. 218.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Ochoco National Forest, Oreg.

Lands added to.

That the following described public lands are hereby included in and made a part of the Ochoco National Forest, Oregon, subject to all the laws and regulations applicable to national forests, but such inclusion shall

Prior rights not affected.

not affect any entry or vested rights acquired under the public land laws prior to the passage of this Act: The west half southeast

Description of added area.

quarter, and the southwest quarter section 7; the southwest quarter northeast quarter, the northwest quarter northwest quarter, the south773 half northwest quarter, the north half southwest quarter, the southeast quarter southwest quarter, the north half southeast quarter, and the southwest quarter southeast quarter section 17; the north half northeast quarter, the southwest quarter northeast quarter, the west half southeast quarter, and the west half section 18; and all of section 19; all in township 13 south, range 24 east, Willamette meridian.

Approved, May 11, 1934.

To amend the United States mining laws applicable to the Mount Hood National Forest within the State of Oregon. 48 Stat. 773 Chapter 280 1934-05-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 280.]

AN ACT To amend the United States mining laws applicable to the Mount Hood National Forest within the State of Oregon.

May 11, 1934.

[S. 1506.]

[Public, No. 219.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Mount Hood National Forest, Oreg.

Mining locations; rights of locator.

That, hereafter mining locations made under the United States mining laws upon lands within the Mount Hood National Forest in the State of Oregon shall confer on the locator the right to occupy and use so much of the surface of the land covered by the location as may be reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber required by or in the mining operations, and no permit shall be required or charge made for such use

No permit required.

or occupancy: Provided, however, That the cutting and removal of

Proviso.

Cutting and removal of timber.

timber, except where clearing is necessary in connection with mining operations or to provide space for buildings or structures used in connection with mining operations, shall be conducted in accordance with the rules for timber cutting on adjoining national-forest land, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the national-forest rules and regulations, nor shall the locator prevent or obstruct other occupancy of the surface or use of surface resources under authority of national-forest regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development.

Sec. 2. That hereafter all patents issued under the United States

Patents to convey title to mineral deposits.

mining laws affecting lands within the Mount Hood National Forest within the State of Oregon shall convey title to the mineral deposits within the claim, together with the right to cut and remove so much

Timber removal.

of the timber therefrom as may be needed in extracting and removing the mineral deposits, if the timber is cut under sound principles of forest management as defined by the national-forest rules and regulations, but each patent shall reserve to the United States all

Surface rights reserved.

title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the rules and regulations of the Forest Service.

Sec. 3. That valid mining claims within the Mount Hood National

Perfecting existing mining claims.

Forest in the State of Oregon existing on the date of enactment of this Act, and thereafter maintained in compliance with the law under which they were initiated and the laws of the State of Oregon, may be perfected under this Act, or under the law under which they were initiated, as the claimant may desire.

Approved, May 11, 1934.

Authorizing the City of Wheeling, a municipal corporation, to construct, maintain, and operate a bridge across the Ohio River, at Wheeling, West Virginia. 48 Stat. 774 Chapter 281 1934-05-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 774 [CHAPTER 281.]

AN ACT Authorizing the City of Wheeling, a municipal corporation, to construct, maintain, and operate a bridge across the Ohio River, at Wheeling, West Virginia.

May 11, 1934.

[S. 3099.]

[Public, No. 220.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Ohio River.

Wheeling, W. Va., may bridge.

That in order to promote interstate commerce, improve the postage service, and to provide for military and other purposes, the City of Wheeling, a municipal corporation of West Virginia, is hereby authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navigation, in Wheeling, West Virginia, in accordance with the provisions

Construction.

Vol. 34, p. 84.

of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2. The said municipality of Wheeling may charge toll for

Tolls authorized, to be applied to operation, sinking fund, etc.

the use of said bridge, which rates of toll may be so adjusted as to provide a fund sufficient to pay (a) the reasonable cost of maintenance, repair, and operation of the said bridge and its approaches; and (b) the amortization within a reasonable time and not exceeding twenty-five years from the date that the bridge is opened to traffic, and under reasonable condition of any loan or loans including reasonable interest, taxes, and financing charges made, or to be made in connection with the construction of said bridge and its approaches.

Sec. 3. An accurate record of the cost of the bridge and its

Record of expenditures and receipts.

approaches and of all expenditures for maintaining, repairing, and operating the same, and of the tolls collected from time to time shall be kept and shall at all reasonable times be available for the information of all persons interested in the construction, operation, and maintenance thereof.

Sec. 4. The right to sell, assign, transfer, mortgage, or pledge

Right to sell, etc., conferred.

any or all of the rights, powers, and privileges conferred by this Act is hereby granted to the said City of Wheeling or any corporation to which, or any person to whom, such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same through mortgage, pledge, foreclosure, or otherwise, including therein the United States of America acting by or through the President, the Federal Emergency Administrator of Public Works, such other agency or agencies as may be designated or created for such purpose pursuant to the National Industrial Recovery Act or any other amendment or supplement thereto, or any other agency or agencies as may be created for such purpose by the Congress of the United States, and such person or corporation is hereby authorized and empowered to exercise all of the rights, powers, and privileges conferred upon the City of Wheeling as fully as though conferred herein directly upon such corporation or person.

Sec. 5. Whenever a sum sufficient to amortize and pay off the

Maintenance as free bridge after amortizing costs.

amount of money used in building and constructing said bridge shall have been collected, the City of Wheeling shall declare said bridge free and open to the use of the general public without the imposition of any further tolls or charges for the use of said bridge.

Sec. 6. The right to alter, amend, or repeal this Act is hereby

Amendment.

expressly reserved.

Approved, May 11, 1934.

To amend the Act of May 25, 1926, entitled “An Act to provide for the establishment of the Mammoth Cave National Park in the State of Kentucky, and for other purposes.” 48 Stat. 775 Chapter 282 1934-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 775 [CHAPTER 282.]

AN ACT To amend the Act of May 25, 1926, entitled “An Act to provide for the establishment of the Mammoth Cave National Park in the State of Kentucky, and for other purposes.”

May 14, 1934.

[S. 618.]

[Public, No. 221.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Mammoth Cave National Park, Ky.

Vol. 44, p. 636, amended.

U.S.C., Supp. VII, p. 305.

That the second and third provisos of section 3 of the Act of May 25, 1926, entitled “An Act to provide for the establishment of the Mammoth Cave National Park in the State of Kentucky, and for other purposes” be, and the same are hereby, amended to read as follows: “ And provided further, That the minimum area to be administered and

Minimum area.

protected by the National Park service shall be, for the said Mammoth Cave National Park, twenty thousand acres: Provided further, That no general development of said area shall be undertaken

Development contingent upon acceptance.

until a major portion of the remainder in such area, including all the caves thereof, shall have been accepted by said Secretary, and

Schedule of admission fees.

he shall have established a schedule of fees for admission to such caves.”

Sec. 2. That in the establishment of the said Mammoth Cave National

Acquisition of lands.

Park the Secretary of the Interior is hereby authorized to accept donations of money for the acquisition of lands and rights therein and to acquire the same by purchase, condemnation, or otherwise.

Approved, May 14, 1934.

To amend section 24 of the Judicial Code, as amended, with respect to the jurisdiction of the district courts of the United States over suits relating to orders of State administrative boards. 48 Stat. 775 Chapter 283 1934-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 283.]

AN ACT To amend section 24 of the Judicial Code, as amended, with respect to the jurisdiction of the district courts of the United States over suits relating to orders of State administrative boards.

May 14, 1934.

[S. 752.]

[Public, No. 222.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Judicial Code, amendments.

United States district courts.

That the first paragraph of section 24 of the Judicial Code, as amended, is amended by adding at the end thereof the following: “Notwithstanding the foregoing provisions of this paragraph, no district court shall have

Jurisdiction over suits relating to orders of State administrative boards.

jurisdiction of any suit to enjoin, suspend, or restrain the enforcement, operation, or execution of any order of an administrative board

Vol. 36, p. 1091; U.S.C., p. 866.

or commission of a State, or any rate-making body of any political subdivision thereof, or to enjoin, suspend, or restrain any action in compliance with any such order, where jurisdiction is based solely upon the ground of diversity of citizenship, or the repugnance of such order to the Constitution of the United States, where such order (1) affects rates chargeable by a public utility, (2) does not interfere with interstate commerce, and (3) has been made after reasonable notice and hearing, and where a plain, speedy, and efficient remedy may be had at law or in equity in the courts of such State.”

Sec. 2. The provisions of this Act shall not affect suits commenced

Pending suits not affected.

in the district courts, either originally or by removal, prior to its passage; and all such suits shall be continued, proceedings therein had, appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if this Act had not been passed.

Approved, May 14, 1934.

To amend the Act authorizing the issuance of the Spanish War Service Medal. 48 Stat. 776 Chapter 284 1934-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 776 [CHAPTER 284.]

AN ACT To amend the Act authorizing the issuance of the Spanish War Service Medal.

May 14, 1934.

[S. 1810.]

[Public, No. 223.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Spanish War Service Medal.

Length of service to qualify for, repealed.

Vol. 40, p. 873.

That the last paragraph under the subheading “Medals of Honor, Distinguished Service Crosses, and Distinguished Service Medals” in the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and nineteen”, approved July 9, 1918 (40 Stat.L. 845, 873), as amended, is amended by striking out “not less than ninety days.”

Approved, May 14, 1934.

Authorizing the Secretary of the Navy to make available to the municipality of Aberdeen, Washington, the United States ship Newport. 48 Stat. 776 Chapter 285 1934-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 285.]

AN ACT Authorizing the Secretary of the Navy to make available to the municipality of Aberdeen, Washington, the United States ship Newport.

May 14, 1934.

[S. 2681.]

[Public, No. 224.]

Be it enacted by the Senate and House, of Representatives of the United States of America in Congress assembled,

Aberdeen, Wash.

Transfer of U.S.S. “Newport” to, authorized.

That the Secretary of the Navy is hereby authorized and directed to turn over to the municipality of Aberdeen, Washington, the United States ship Newport for use of the Grays Harbor district in connection with the training of the Naval Reserve organization of the district: Provided, That no expense to the Government shall be involved.

Proviso.

No Federal expense.

Approved, May 14, 1934.

To authorize the coinage of 50-cent pieces in commemoration of the one hundredth anniversary of the admission of the State of Arkansas into the Union. 48 Stat. 776 Chapter 286 1934-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 286.]

AN ACT To authorize the coinage of 50-cent pieces in commemoration of the one hundredth anniversary of the admission of the State of Arkansas into the Union.

May 14, 1934.

[S. 2901.]

[Public, No. 225.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Arkansas centennial.

Silver 50-cent pieces to be coined in commemoration of.

That in commemoration of the one hundredth anniversary of the admission of the State of Arkansas into the Union there shall be coined at the mints

Number.

of the United States five hundred thousand silver 50-cent pieces of such design as the Director of the Mint, with the approval of the Secretary of the Treasury, may select ; but the United States shall

No Federal expense for dies, etc.

not be subject to the expense of making the models or master dies or other preparations for this coinage.

Sec. 2. All laws now in force relating to the subsidiary silver coins

Coinage laws applicable. U.S.C., p. 995.

of the United States and the coining or striking of the same, regulating and guarding the process of coinage, providing for the purchase of material, for the transportation, distribution, and redemption of the coins, for the prevention of debasement or counterfeiting, for security of the coin, or for any other purposes, whether said laws are penal or otherwise, shall, so far as applicable, apply to the coinage authorized by this Act.

Sec. 3. The coins authorized by this Act shall be issued only to the

Issue of coins.

Arkansas Honorary Centennial Celebration Commission, or its duly authorized agent, in such numbers, and at such times as they shall be requested by such Commission or any such agent, and upon payment to the United States of the face value of such coins.

Approved, May 14, 1934.

Providing for the suspension of annual assessment work on mining claims held by location in the United States and Alaska. 48 Stat. 777 Chapter 289 1934-05-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 777 [CHAPTER 289.]

AN ACT Providing for the suspension of annual assessment work on mining claims held by location in the United States and Alaska.

May 15, 1934.

[S. 2313.]

[Public, No. 226.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Public lands.

Mining claims assessments suspended for fiscal year 1934.

R.S., sec. 2324, p. 426.

U.S.C., p. 955.

That the provision of section 2324 of the Revised Statutes of the United States, which requires on each mining claim located, and until a patent has been issued therefor, not less than $100 worth of labor to be performed or improvements aggregating such amount to be made each year, be, and the same is hereby, suspended as to all mining claims in the United States, including Alaska, during the year beginning at 12

Alaska included.

o’clock meridian July 1, 1933, and ending at 12 o’clock meridian July 1, 1934: Provided, That the provisions of this Act shall not

Provisos.

Claimant paying Federal income tax excluded.

apply in the case of any claimant not entitled to exemption from the payment of a Federal income tax for the taxable year 1933: Provided further, That every claimant of any such mining claim,

Notice of retaining claim to be filed.

in order to obtain the benefits of this Act, shall file, or cause to be filed, in the office where the location notice or certificate is recorded, on or before 12 o’clock meridian, July 1, 1934, a notice of his desire to hold said mining claim under this Act, which notice shall state that the claimant, or claimants, were entitled to exemption from the payment of a Federal income tax for the taxable year 1933: And provided further, That such suspension of assessment work shall

Limited to six lodemining claims.

not apply to more than six lode-mining claims held by the same person, nor to more than twelve lode-mining claims held by the same partnership, association, or corporation: And provided further, That

Placer-mining claims.

such suspension of assessment work shall not apply to more than six placer-mining claims not to exceed one hundred and twenty acres (in all) held by the same person, nor to more than twelve placer-mining claims not to exceed two hundred and forty acres (in all) held by the same partnership, association, or corporation.

Approved, May 15, 1934.

To amend sections 203 and 207 of the Hawaiian Homes Commission Act, 1920 (U.S.C., title 48, secs. 697 and 701), conferring upon certain lands of Auwaiolimu, Kewalo, and Kalawahine, on the island of Oahu, Territory of Hawaii, the status of Hawaiian home lands, and providing for the leasing thereof for residence purposes. 1934-05-16 290 Chapter 48 Stat. 777 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 290.]

AN ACT To amend sections 203 and 207 of the Hawaiian Homes Commission Act, 1920 (U.S.C., title 48, secs. 697 and 701), conferring upon certain lands of Auwaiolimu, Kewalo, and Kalawahine, on the island of Oahu, Territory of Hawaii, the status of Hawaiian home lands, and providing for the leasing thereof for residence purposes.

May 16, 1934.

[H. R. 8052]

[Public, No. 227]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That paragraph

Hawaiian Home Commission Act, 1920, amendments.

Vol. 42, p. 109, amended.

Conferring upon land in designated areas the status of home lands.

(4) of section 203 of the Hawaiian Homes Commission Act, 1920 (U.S.C., title 48, sec. 697), is hereby amended to read as follows: “(4) On the island of Oahu: Nanakuli (three thousand acres, more or less), and Lualualei (two thousand acres, more or less), in the District of Waianae; and Waimanalo (four thousand acres, more or less), in the District of Koolaupoko, excepting therefrom the military reservation and the beach lands; and those certain portions of the lands of Auwaiolimu and Kewalo described by metes and bounds as follows, to wit: “(i) Portion of the Government land of Auwaiolimu, Punchbowl

Description.

Hill, Honolulu, Oahu, described as follows: Beginning at a pipe at the southeast corner of this tract of land, on the boundary between the lands of Kewalo and Auwaiolimu, the coordinates of said point of beginning referred to Government survey triangulation station ‘Punchbowl’ being one thousand one hundred and thirty-778

Description—Contd.

five and nine tenths feet north and two thousand five hundred and fifty-seven and eight tenths feet east as shown on Government survey registered map numbered 2692, and runing¹¹ So in original. by true azimuths: “(1) One hundred and sixty-three degrees thirty-one minutes two hundred and thirty-eight and eight tenths feet along the east side of the Punchbowl-Makiki Road; “(2) Ninety-four degrees eight minutes one hundred and twenty-four and nine tenths feet across Tantalus Drive and along the east side of Puuowaina Drive; “(3) One hundred and thirty-one degrees thirteen minutes two hundred and thirty-two and five tenths feet along a twenty-five foot roadway; “(4) One hundred and thirty-nine degrees fifty-five minutes twenty and five-tenths feet along same; “(5) One hundred and sixty-eight degrees seventeen minutes two hundred and fifty-seven and eight-tenths feet along Government land (old quarry lot); “(6) One hundred and fifty-six degrees thirty minutes three hundred and thirty-three feet long same to a pipe; “(7) Thence following the old Auwaiolimu stone wall along L. C. Award numbered 3145, to Laenui, grant numbered 5147 (lot 8 to C. W. Booth), L. C. Award numbered 1375 to Kapule, and L. C. Award numbered 1355 to Kekuanoni, the direct azimuth and distance being two hundred and forty-nine degrees forty-one minutes one thousand three hundred and three and five-tenths feet; “(8) Three hundred and twenty-one degrees twelve minutes six hundred and ninety-three feet along the remainder of the land of Auwaiolimu; “(9) Fifty-one degrees twelve minutes one thousand four hundred feet along the land at Kewalo to the point of beginning; containing an area of twenty-seven acres; excepting and reserving therefrom Tantalus Drive, crossing this land. “(ii) Portion of the land of Kewalo, Punchbowl Hill, Honolulu, Oahu, being part of the lands set aside for the use of the Hawaii Experiment Station of the United States Department of Agriculture by proclamation of the Acting Governor of Hawaii, dated June 10, 1901, and described as follows: Beginning at the northeast corner of this lot, at a place called ‘Puu Ea’ on the boundary between the lands of Kewalo and Auwaiolimu, the coordinates of said point of beginning referred to Government survey triangulation station ‘Punchbowl’, being three thousand two hundred and fifty-five and six-tenths feet north and five thousand two hundred and forty-four and seven-tenths feet east, as shown on Government survey registered map numbered 2692 of the Territory of Hawaii, and running by true azimuths: “(1) Three hundred and fifty-four degrees thirty minutes nine hundred and thirty feet along the remainder of the land of Kewalo, to the middle of the stream which divides the lands of Kewalo and Kalawahine; “(2) Thence down the middle of said stream along the land of Kalawahine, the direct azimuth and distance being forty-nine degrees sixteen minutes one thousand five hundred and twelve and five-tenths feet; “(3) One hundred and forty-one degrees twelve minutes eight hundred and sixty feet along the remainder of the land of Kewalo; “(4) Two hundred and thirty-one degrees twelve minutes five hundred and fifty-two and six-tenths feet along the land of Auwaiolimu to Puu lole; 779 “(5) Thence still along the said land of Auwaiolimu following

Description—Contd.

the top of the ridge to the point of beginning, the direct azimuth and distance being two hundred and thirty-two degrees twenty-six minutes one thousand four hundred and seventy feet, containing an area of thirty acres; excepting and reserving therefrom Tantalus Drive, crossing this land. “(iii) Together with that portion of the land of Kalawahine (twenty-five acres, more or less), makai of Tantalus Drive, and lying between the portion of the land of Kewalo above described and the so-called ‘Kalawahine lots’, in the District of Honolulu.”

Sec. 2. Paragraph (3) of subsection (a) of section 207 of the

Leases.

Vol. 42, p. 111, amended.

Hawaiian Homes Commission Act, 1920, as amended (U.S.C., title 48, sec. 701), is hereby amended by striking out the period at the end thereof and inserting in lieu thereof a colon and the following:“Provided further, That the portions of the lands of Auwaiolimu,

Proviso.

Portions to be leased for residence purposes only.

Kewalo, and Kalawahine on the island of Oahu under the control of the Commission, shall be leased only for residence purposes in individual lots the area of which shall be not less than one eighth of an acre nor more than one half of an acre per lot.”

Sec. 3. Notwithstanding the provisions of the Hawaiian Homes

Present residents on specified lands given preference.

Commission Act, as amended, limiting the leasing of lands to native Hawaiians, persons, whether or not native Hawaiians as defined by such Act, as amended, who are on the date of the enactment of this Act residing on the lands of Auwaiolimu, Kewalo, and Kalawahine on the island of Oahu placed under the control of the Hawaiian Homes Commission by this Act, shall be given first opportunity to lease such lands on which they reside.

Sec. 4. This Act shall take effect on and after the date of its

Effective date.

approval.

Approved, May 16, 1934.

To add certain lands to the Boise National Forest. 1934-05-17 292 Chapter 48 Stat. 779 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 292.]

AN ACT To add certain lands to the Boise National Forest.

May 17, 1934.

[S. 8]

[Public, No. 228]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That, subject to

Boise National Forest, Idaho.

Lands added to.

existing valid claims or entries and withdrawals, the following-described lands are hereby added to the Boise National Forest, Idaho, and made subject to all laws applicable to national forests:

Sections 25 and 26; east half section 27; east half section 34; and

Description.

section 35, township 8 north, range 5 east, Boise meridian.

Sections 1 and 2; sections 11 to 14, inclusive; sections 23 to 27, inclusive; and sections 34 to 36, inclusive; township 7 north, range 3 east, Boise meridian.

Sections 1, 2, and 3; sections 6 and 7; sections 10 to 13, inclusive; and sections 15 to 36, inclusive; township 7 north, range 4 east, Boise meridian.

Sections 1 and 2; sections 4 to 28, inclusive; and sections 30 to 36, inclusive; township 7 north, range 5 east, Boise meridian.

Sections 1 to 3, inclusive; sections 10 to 15, inclusive; sections 22 to 27, inclusive; and sections 34 to 36, inclusive; township 6 north, range 3 east, Boise meridian.

Sections 1 to 36, inclusive, township 6 north, range 4 east, Boise meridian.

Sections 1 to 21, inclusive; sections 24 and 25; and sections 28 to 36, inclusive; township 6 north, range 5 east, Boise meridian.

Sections 1 to 36, inclusive, township 6 north, range 6 east, Boise meridian.

780

Description—Contd.

Sections 1 and 2; sections 11 to 14, inclusive; sections 23 to 26, inclusive; and sections 35 and 36; township 5 north, range 2 east, Boise meridian.

Sections 1 to 36, inclusive, township 5 north, range 3 east, Boise meridian.

Sections 1 to 36, inclusive, township 5 north, range 4 east, Boise meridian.

Sections 1 to 36, inclusive, township 5 north, range 5 east, Boise meridian.

Sections 1 to 6, inclusive; sections 8 to 17, inclusive; sections 21 to 27, inclusive; and sections 35 and 36, township 4 north, range 3 east, Boise meridian.

Sections 1 to 36, inclusive, township 4 north, range 4 east, Boise meridian.

Sections 1, 2, 11, and 12, township 3 north, range 3 east, Boise meridian.

Sections 1 to 13, inclusive; and northwest quarter of section 14; township 3 north, range 4 east, Boise meridian; not heretofore included within the Boise National Forest, Idaho; all ranges east, Boise meridian.

Approved, May 17, 1934.

To legalize a bridge across the Saint Louis River at or near Cloquet, Minnesota. 1934-05-17 293 Chapter 48 Stat. 780 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 293.]

AN ACT To legalize a bridge across the Saint Louis River at or near Cloquet, Minnesota.

May 17, 1934.

[S. 3144]

[Public, No. 229]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Saint Louis River.

Bridge across, near Cloquet, Minn., legalized.

That the bridge now being constructed over Saint Louis River at or near Cloquet, Minnesota, by the Highway Department of the State of Minnesota, if completed in accordance with plans accepted by the Chief of Engineers and the Secretary of War as providing suitable facilities for navigation, and operated as a free bridge, shall be a lawful structure, and shall be subject to the conditions and limitations of

Construction.

Vol. 34, p. 84.

the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, May 17, 1934.

To provide punishment for killing or assaulting Federal officers. 1934-05-18 299 Chapter 48 Stat. 780 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 299.]

AN ACT To provide punishment for killing or assaulting Federal officers.

May 18, 1934.

[S. 2080]

[Public, No. 230]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Criminal Code amendments.

Killing, assaulting Federal officers.

Vol. 35, p. 1143.

That whoever shall kill, as defined in sections 273 and 274 of the Criminal Code, any United States marshal or deputy United States marshal, special agent of the Division of Investigation of the Department of Justice, post-office inspector, Secret Service operative, any officer or enlisted man of the Coast Guard, any employee of any United States penal or correctional institution, any officer of the customs or of the internal revenue, any immigrant inspector or any immigration patrol inspector, while engaged in the performance of his official duties, or on account of the performance of his official duties,

Punishment.

shall be punished as provided under section 275 of the Criminal Code.

781

Sec. 2. Whoever shall forcibly resist, oppose, impede, intimidate,

Forcible resistance, etc.

or interfere with any person designated in section 1 hereof while engaged in the performance of his official duties, or shall assault him on account of the performance of his official duties, shall be fined not more than $5,000, or imprisoned not more than three

Punishment.

years, or both; and whoever, in the commission of any of the acts described in this section, shall use a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

Approved, May 18, 1934.

Applying the powers of the Federal Government, under the commerce clause of the Constitution, to extortion by means of telephone, telegraph, radio, oral message, or otherwise. 1934-05-18 300 Chapter 48 Stat. 781 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 300.]

AN ACT Applying the powers of the Federal Government, under the commerce clause of the Constitution, to extortion by means of telephone, telegraph, radio, oral message, or otherwise.

May 18, 1934.

[S. 2249]

[Public, No. 231]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That whoever,

Extortion messages in interstate commerce.

with intent to extort from any person, firm, association, or corporation any money or other thing of value, shall transmit in interstate commerce, by any means whatsoever, any threat (1) to injure the person, property, or reputation of any person, or the reputation of a deceased person, or (2) to kidnap any person, or (3) to accuse any person of a crime, or (4) containing any demand or request for a ransom or reward for the release of any kidnaped person, shall

Punishment for transmitting.

upon conviction be fined not more than $5,000 or imprisoned not more than twenty years, or both: Provided, That the term “interstate

Provisos.

“Interstate commerce” defined.

Mailing threatening communications.

commerce” shall include communication from one State, Territory, or the District of Columbia, to another State, Territory, or the District of Columbia: Provided further, That nothing herein shall

Vol. 47, p. 649;

U. S. C., Supp. VII, p. 349.

amend or repeal section 33'8a, title 18, United States Code (47 Stat. 649).

Approved, May 18, 1934.

To amend the Act forbidding the transportation of kidnaped persons in interstate commerce. 1934-05-18 301 Chapter 48 Stat. 781 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 301.]

AN ACT To amend the Act forbidding the transportation of kidnaped persons in interstate commerce.

May 18, 1934.

[S. 2252]

[Public, No. 232]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act of

Federal Kidnaping Act, amended.

Vol. 47, p. 326; U. S. C., Supp. VII, p. 351.

June 22, 1932 (U.S.C., ch. 271, title 18, sec. 408a), be, and the same is hereby, amended to read as follows:

“Whoever shall knowingly transport or cause to be transported,

Transporting kidnaped person and holding for ransom.

or aid or abet in transporting, in interstate or foreign commerce, any person who shall have been unlawfully seized, confined, inveigled, decoyed, kidnaped, abducted, or carried away by any means whatsoever and held for ransom or reward or otherwise, except, in the

Minor by a parent excepted.

case of a minor, by a parent thereof, shall, upon conviction, be punished (1) by death if the verdict of the jury shall so recommend,

Penalties.

provided that the sentence of death shall not be imposed by the court if, prior to its imposition, the kidnaped person has been liberated unharmed, or (2) if the death penalty shall not apply nor be imposed the convicted person shall be punished by imprisonment in the penitentiary for such term of years as the court in its discretion shall determine: Provided, That the failure to release such

Proviso.

Presumption on failure to release person within seven days.

person within seven days after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnaped, abducted, or carried away 782shall create a presumption that such person has been transported in interstate or foreign commerce, but such presumption shall not be conclusive.

“Sec. 2.

“Interstate or foreign commerce” defined.

The term ‘interstate or foreign commerce’ as used herein, shall include transportation from one State, Territory, or the District of Columbia to another State, Territory, or the District of Columbia, or to a foreign country, or from a foreign country to any State, Territory, or the District of Columbia.

“Sec. 3.

Punishment for conspiracy to violate provisions herein.

If two or more persons enter into an agreement, confederation, or conspiracy to violate the provisions of the foregoing Act and do any overt act toward carrying out such unlawful agreement, confederation, or conspiracy, such person or persons shall be punished in like manner as hereinbefore provided by this Act.”

Approved, May 18, 1934.

Making it unlawful for any person to flee from one State to another for the purpose of avoiding prosecution or the giving of testimony in certain cases. 1934-05-18 302 Chapter 48 Stat. 782 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 302.]

AN ACT Making it unlawful for any person to flee from one State to another for the purpose of avoiding prosecution or the giving of testimony in certain cases.

May 18, 1934.

[S. 2253]

[Public, No. 233]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Interstate flight of accused persons or witnesses.

That it shall be unlawful for any person to move or travel in interstate or foreign commerce from any State, Territory, or possession of the United States, or the District of Columbia, with intent either (1) to avoid prosecution for murder, kidnaping, burglary, robbery, mayhem, rape, assault with a dangerous weapon, or extortion accompanied by threats of violence, or attempt to commit any of the foregoing, under the laws of the place from which he flees, or (2) to avoid giving testimony in any criminal proceedings in such place in which

Punishment.

the commission of a felony is charged. Any person who violates the provision of this Act shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not longer

Jurisdiction.

than five years, or by both such fine and imprisonment. Violations of this Act may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been committed.

Approved, May 18, 1934.

To define certain crimes against the United States in connection with the administration of Federal penal and correctional institutions and to fix the punishment therefor. 1934-05-18 303 Chapter 48 Stat. 782 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 303.]

AN ACT To define certain crimes against the United States in connection with the administration of Federal penal and correctional institutions and to fix the punishment therefor.

May 18, 1934.

[S. 2575]

[Public, No. 234]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Federal penal and correctional institutions.

Crimes connected with administration of.

Causing mutiny; aiding escapes.

Vol. 46, p. 327, amended.

That any person employed at any Federal penal or correctional institution as an officer or employee of the United States, or any other person who instigates, connives at, wilfully attempts to cause, assists in, or who conspires with any other person or persons to cause any mutiny, riot, or escape at such penal or correctional institution; or any such officer or employee or any other person who, without the knowledge or consent of the warden or superintendent of such institution, conveys or causes to be conveyed into such institution, or from place to place within such institution, or knowingly aids or assists therein, any tool, device, or substance designed to cut, abrade, or destroy the materials, or any part thereof, of which any building or buildings of such institution are constructed, or any other substance or thing 783designed to injure or destroy any building or buildings, or any part thereof, of such institution; or who conveys or causes to be conveyed

Smuggling firearms, etc.

into such institution, or from place to place within such institution, or aids or assists therein, or who conspires with any other person or persons to convey or cause to be conveyed into such institution, or from place to place within such institution, any firearm, weapon, explosive, or any lethal or poisonous gas, or any other substance or thing designed to kill, injure, or disable any officer, agent, employee, or inmate thereof, shall be punished by imprisonment for a period

Punishment for.

of not more than ten years.

Sec. 2. All Acts and parts of Acts in conflict herewith are hereby

Conflicting laws repealed.

repealed.

Approved, May 18, 1934.

To provide punishment for certain offenses committed against banks organized or operating under laws of the United States or any member of the Federal Reserve System. 1934-05-18 304 Chapter 48 Stat. 783 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 304.]

AN ACT To provide punishment for certain offenses committed against banks organized or operating under laws of the United States or any member of the Federal Reserve System.

May 18, 1934.

[S. 2841]

[Public, No. 235]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That as used in

Offenses against banks.

“Bank” defined.

this Act the term“ bank” includes any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States.

Sec. 2. (a) Whoever, by force and violence, or by putting in fear,

Robbery.

feloniously takes, or feloniously attempts to take, from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank shall be fined not more than $5,000 or

Punishment.

imprisoned not more than twenty years, or both. (b) Whoever, in committing, or in attempting to commit, any

Assaults.

offense defined in subsection (a) of this section, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined not less than $1,000 nor more than

Punishment.

$10,000 or imprisoned not less than five years nor more than twenty-five years, or both.

Sec. 3. Whoever, in committing any offense defined in this Act,

Homicide or kidnaping.

or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be punished by imprisonment for not less than

Punishment.

10 years, or by death if the verdict of the jury shall so direct.

Sec. 4. Jurisdiction over any offense defined by this Act shall not

Jurisdiction.

be reserved exclusively to courts of the United States-

Approved, May 18, 1934.

To authorize the donation of certain land to the town of Bourne, Massachusetts. 1934-05-18 305 Chapter 48 Stat. 783 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 305.]

AN ACT To authorize the donation of certain land to the town of Bourne, Massachusetts.

May 18, 1934.

[H. R. 503]

[Public, No. 236]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Public lands.

Granted to Bourne, Mass., for school purposes.

of War is hereby authorized to convey without charge to the town of Bourne, Massachusetts, for school playground purposes, two small parcels of land aggregating about six tenths of an acre 784located in the vicinity of the Bourne Grammar School in said town, which land was acquired by the United States in connection with

Proviso.

Reversion for nonuse.

the acquisition of the Cape Cod Canal: Provided, That such conveyance shall be made with the express condition that the land shall be used for school playground purposes and no other and that in case it is not so used it shall revert to the United States.

Approved, May 18, 1934.

Authorizing the President of the United States of America to proclaim October 11, 1934, General Pulaski’s Memorial Day for the observance and commemoration of the death of Brigadier General Casimir Pulaski. 1934-05-18 306 Chapter 48 Stat. 784 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 306.]

JOINT RESOLUTION Authorizing the President of the United States of America to proclaim October 11, 1934, General Pulaski’s Memorial Day for the observance and commemoration of the death of Brigadier General Casimir Pulaski.

May 18, 1934.

[S. J. Res. 36]

[Pub. Res., No. 24]

General Pulaski’s Memorial Day.

Preamble.

Whereas the 11th day of October, 1779, is the date in American history of the heroic death of Brigadier General Casimir Pulaski, who died from wounds received on October 9, 1779, at the siege of Savannah, Georgia; and Whereas the States of West Virginia, New Jersey, Massachusetts, Kentucky, Illinois, Michigan, Tennessee, Indiana, Wisconsin, New York, Nebraska, Texas, Minnesota, Delaware, Maryland, Arkansas, New Hampshire, Pennsylvania, Missouri, Ohio, and other States of the Union, through legislative enactment designated October 11 of each year as General Pulaski’s Memorial Day; and

Vol 46, pp. 28, 1627; Vol. 47, p. 571.

Whereas the Congress of the United States of America has by legislative enactment designated October 11, 1929, and October 11, 1931, to be General Pulaski’s Memorial Day; and Whereas it is fitting that the recurring anniversary of this day be commemorated with suitable patriotic and public exercises in observing and commemorating the death of this great American hero of the Revolutionary War: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Observance of anniversary of death invited.

That the President of the United States is authorized to issue a proclamation calling upon officials of the Government to display the flag of the United States on all governmental buildings on October 11, 1934, and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies of the death of General Casimir Pulaski.

Approved, May 18, 1934.

Requesting the President of the United States of America to proclaim May 20, 1934, General Lafayette Memorial Day for the observance and commemoration of the one hundredth anniversary of the death of General Lafayette. 1934-05-18 307 Chapter 48 Stat. 784 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 307.]

JOINT RESOLUTION Requesting the President of the United States of America to proclaim May 20, 1934, General Lafayette Memorial Day for the observance and commemoration of the one hundredth anniversary of the death of General Lafayette.

May 18, 1934.

[H. J. Res. 317]

[Pub. Res., No. 25]

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

General Lafayette.

President requested to invite observance of centenary of his death.

That the President of the United States is authorized and requested to issue a proclamation calling upon officials of the Government to display the flag of the United States on all governmental buildings on May 20, 1934, and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of the death of General Lafayette.

Approved, May 18, 1934.

To amend an Act entitled “An Act providing for the participation of the United States in A Century of Progress (the Chicago World’s Fair Centennial Celebration) to be held at Chicago, Illinois, in 1933, authorizing an appropriation therefor, and for other purposes”, approved February 8, 1932, to provide for participation in A Century of Progress in 1934, to authorize an appropriation therefor, and for other purposes. 1934-05-21 316 Chapter 48 Stat. 785 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 785 [CHAPTER 316.]

AN ACT To amend an Act entitled “An Act providing for the participation of the United States in A Century of Progress (the Chicago World’s Fair Centennial Celebration) to be held at Chicago, Illinois, in 1933, authorizing an appropriation therefor, and for other purposes”, approved February 8, 1932, to provide for participation in A Century of Progress in 1934, to authorize an appropriation therefor, and for other purposes.

May 21, 1934.

[S. 3235]

[Public, No. 237]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the United

A Century of Progress Exposition.

Federal participation in, to be continued.

States continue its participation in the exposition, A Century of Progress (the Chicago World’s Fair Centennial Celebration), at Chicago, Illinois, in 1934.

Sec. 2. For this purpose the Act entitled “An Act providing for

Funds previously authorized made applicable.

Vol. 47, p. 40.

Post, p. 1026.

the participation of the United States in A Century of Progress (the Chicago World’s Fair Centennial Celebration) to be held at Chicago, Illinois, in 1933, authorizing an appropriation therefor, and for other purposes”, approved February 8, 1932, as hereby amended, is extended and made applicable to the continuance of the participation of the United States in the said exposition in 1934 in the same manner and to the same extent and for the same purposes as originally provided in said Act, except insofar as the provisions

Exception.

of that Act specify the erection of a building or group of buildings.

Sec. 3. In addition to the sum of $1,000,000 authorized by the

Additional sum authorized.

aforesaid Act to be appropriated for the participation of the United States in A Century of Progress (the Chicago World’s Fair Centennial Celebration) and appropriated under section 2 of the Act

Vol. 47, p. 645.

entitled “An Act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1933, and for other purposes”, approved July 7, 1932, there is hereby authorized to be appropriated the sum of $200,000.

Approved, May 21, 1934.

To add certain lands to the Mount Hood National Forest in the State of Oregon 1934-05-21 317 Chapter 48 Stat. 785 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 317.]

AN ACT To add certain lands to the Mount Hood National Forest in the State of Oregon

May 21, 1934.

[S. 1982]

[Public, No. 238]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the following-described

Mount Hood National Forest, Oreg.

Certain lands added to.

lands, title to which was conveyed to the United States in part settlement of a fire trespass and which are located within the boundaries of the Mount Hood National Forest, in the State of Oregon, be, and the same are hereby, added to said national forest and are made subject to all laws and regulations relating to the use and administration of the national forests:

Township 4 south, range 5 east, Willamette meridian: East half

Description.

northeast quarter, northwest quarter northeast quarter, northeast quarter southeast quarter section 18; southeast quarter northeast quarter, west half northeast quarter, east half northwest quarter, east half southeast quarter, northwest quarter southeast quarter, southeast quarter southwest quarter section 20; section 22; southwest quarter section 24; sections 25 and 26; north half northeast quarter, northeast quarter northwest quarter section 29; section 36.

Township 4 south, range 6 east, Willamette meridian: Lots 3 and 4, east half, east half southwest quarter section 20; southwest quarter section 28; lots 3 and 4, east half northeast quarter, northwest quarter northeast quarter, northeast quarter northwest quarter, southeast quarter, east half southwest quarter section 30; lots 1 and 2, northeast quarter, east half northwest quarter section 31.

Approved, May 21, 1934.

To provide for the selection of certain lands in the State of Arizona for the use of the University of Arizona. 1934-05-21 318 Chapter 48 Stat. 786 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 786 [CHAPTER 318.]

AN ACT To provide for the selection of certain lands in the State of Arizona for the use of the University of Arizona.

May 21, 1934.

[S. 2379]

[Public, No. 239]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Arizona.

Selection of certain lands by, for use of University authorized.

Vol. 36, p. 573; Vol. 47, p. 151.

That, subject to lawful claims initiated by settlement or otherwise prior to August 2, 1932, and maintained in the manner required by law, the State of Arizona may select for the use of the University of Arizona by legal subdivisions all or any portions of sections 11, 14, 22, and 28 and the east half section 21, township 14 south, range 16 east, Gila and Salt River meridian, Arizona, and upon the submission of satisfactory proof that the land selected contains saguaro groves or growths of giant cacti or are necessary for the care, protection, and conservation of such groves or growths, the Secretary of the Interior

Proviso.

Minerals reserved.

shall cause patents to issue therefor: Provided, That there shall be reserved to the United States all coal, oil, gas, or other mineral contained in such lands together with the right to prospect for, mine, and remove the same at such times and under such conditions as the Secretary of the Interior may prescribe.

Approved, May 21, 1934.

Authorizing the conveyance of certain lands to the State of Nebraska. 1934-05-21 319 Chapter 48 Stat. 786 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 319.]

AN ACT Authorizing the conveyance of certain lands to the State of Nebraska.

May 21, 1934.

[S. 2566]

[Public, No. 240]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Genoa Indian School.

Conveyance of property of, to Nebraska, for institutional purposes.

That there is hereby granted to the State of Nebraska for institutional purposes the property known and designated as the “Genoa Indian School”, located at Genoa, Nebraska, such grant to include the land and buildings and such equipment as may be designated by the Secretary of the Interior:

Provisos.

Date of acceptance.

Provided, That this grant may be effective at any time prior to July 1, 1934, if before that date the Governor of the State of Nebraska on behalf of the State files an acceptance thereof with the

Reservation.

Secretary of the Interior: Provided further, That the right is reserved by the Secretary of the Interior to retain until July 1, 1934, dormitory and other space needed for the housing and care of Indian

Admission of Indians into State institutions.

pupils now accommodated at said school: Provided further, That as a condition precedent to this grant Indians residing within the State of Nebraska will be accepted in State institutions on entire equality with persons of other races, except that tuition for Indian children

Existing rights-of-way granted to Loup River Public Power District.

in the public schools may be paid by the Federal Government: Provided further, That nothing herein contained shall be construed as affecting the right-of-way heretofore applied for by and agreed to be granted to the Loup River Public Power District of Nebraska across said school property and an easement over the lands falling within said right-of-way is hereby granted to said Loup River Public Power District of Nebraska upon proper identification thereof through survey.

Approved, May 21, 1934.

Granting a leave of absence to settlers of homestead lands during the years 1932, 1933, and 1934. 1934-05-21 320 Chapter 48 Stat. 787 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 787 [CHAPTER 320.]

AN ACT Granting a leave of absence to settlers of homestead lands during the years 1932, 1933, and 1934.

May 21, 1934.

[S. 2568]

[Public, No. 241]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That any homestead

Public lands.

Homestead settlers, etc., may be excused from residence on, in certain cases.

Vol. 47, p. 59.

settler or entryman who, during the calendar years 1932 or 1933, found it necessary, or during 1934 should find it necessary, because of economic conditions, to leave his homestead to seek employment in order to obtain the necessaries of life for himself and/or family or to provide for the education of his children, may, upon filing with the register of the district his affidavit, supported by corroborating affidavits of two disinterested persons, showing the necessity of such absence, be excused from compliance with the requirements of the homestead laws as to residence, cultivation, improvements, expenditures, or payment of purchase money as the case may be, during all or any part of the calendar years 1932, 1933, and 1934, and said entries shall not be open to contest or protest because of failure to comply with such requirements during such absence; except that the time of such absence shall not be deducted

Absence added to statutory life of entry.

from the actual residence required by law, but a period equal to such absence shall be added to the statutory life of the entry: Provided, That any entryman holding an unperfected entry on ceded

Proviso.

Installment payment extension.

Indian lands may be excused from the requirements of residence upon the conditions provided herein, but shall not be entitled to extension of time for the payment of any installment of the purchase price of the land except upon payment of interest, in advance, at the rate of 4 per centum per annum on the principal of any unpaid purchase price from the date when such payment or payments became due to and inclusive of the date of the expiration of the period of relief granted hereunder.

Approved, May 21, 1934.

Repealing certain sections of the Revised Code of Laws of the United States relating to the Indians. 1934-05-21 321 Chapter 48 Stat. 787 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 321.]

AN ACT Repealing certain sections of the Revised Code of Laws of the United States relating to the Indians.

May 21, 1934.

[S. 2671]

[Public, No. 242]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That sections 2111,

Revised Statutes.

Certain sections of, relating to Indians, repealed.

U. S. C., p. 700.

2112, 2113, 2120, 2134, 2147, 2148, 2149, 2150, 2151, 2152, and 2153 of the Revised Statutes (U.S.C., title 25, secs. 171, 172, 173, 186, 219, 220, 221, 222, 223, 224, 225, and 226) are hereby repealed.

Approved, May 21, 1934.

To authorize the Secretary of War to convey by appropriate deed of conveyance certain lands in the District of Ewa, island of Oahu, Territory of Hawaii. 1934-05-21 322 Chapter 48 Stat. 787 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 322.]

AN ACT To authorize the Secretary of War to convey by appropriate deed of conveyance certain lands in the District of Ewa, island of Oahu, Territory of Hawaii.

May 21, 1934.

[H. R. 8235]

[Public, No. 243]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Hawaii.

Conveyance of certain lands in the District of Ewa, island of Oahu, authorized.

of War be, and he is hereby, authorized and directed to convey to the Territory of Hawaii lands in the District of Ewa, island of Oahu, Territory of Hawaii, described as follows, to wit:

Beginning at a point designated as “C”on map dated November

Description.

15, 1920, United States Engineer Department, file numbered 300.8, between the boundary of Honouliuli and Pouhala Mauka, the coordinate of said point referred to United States concrete monument 788

Description—Contd.

numbered 1, on the north side of Kawaieli Gulch at the corner of the lands of Waianae-Uka, Honouliuli, and Pouhala Mauka, being two thousand three hundred and nine and eleven one-hundredths feet south and five hundred and fifty-five and two one-hundredths feet east (said United States concrete monument numbered 1 bears true azimuth to the following triangulation stations: Maili, one hundred and thirty-nine degrees forty-six minutes; Maunauna, forty-seven degrees five minutes fifty-four seconds), said line thence running by direct azimuths and distances as follows:

1. Sixteen degrees nine minutes two thousand five hundred and forty-nine and two tenths feet; the right-of-way extending twenty feet on each side. 2. Six degrees fifty-four minutes one hundred and eighteen feet; the right-of-way extending twenty feet on each side. 3. Six degrees fifty-four minutes three hundred feet; the right-of-way extending forty feet on each side. 4. Six degrees fifty-four minutes four hundred feet; the right-of-way extending twenty feet on each side. 5. Six degrees fifty-four minutes three hundred feet; the right-of-way extending twenty-five feet on each side. 6. Six degrees fifty-four minutes one thousand seven hundred and thirty-one feet; the right-of-way extending twenty feet on each side. 7. Eleven degrees fifteen minutes sixty-nine feet; the right-of-way extending twenty feet on each side. 8. Eleven degrees fifteen minutes three hundred and fifty feet; the right-of-way extending twenty-two feet on each side. 9. Eleven degrees fifteen minutes one hundred and seventy-five feet; the right-of-way extending thirty-five feet on each side. 10. Eleven degrees fifteen minutes two hundred feet; the right-of-way extending twenty-two feet on each side. 11. Eleven degrees fifteen minutes one hundred and fifty feet; the right-of-way extending fifty feet on each side. 12. Eleven degrees fifteen minutes one hundred and sixty and nine tenths feet; the right-of-way extending twenty-two feet on each side, 13. Nine minutes one hundred and sixty-four and one tenth feet; the right-of-way extending twenty-two feet on each side. 14. Nine minutes six hundred feet; the right-of-way extending twenty feet on each side. 15. Nine minutes two hundred and thirty feet; the right-of-way extending twenty-five feet on each side. 16. Seven degrees fifty-nine minutes two hundred and twenty feet; the right-of-way extending twenty-five feet on each side. 17. Seven degrees fifty-nine minutes three hundred and fifty feet; the right-of-way extending fifty feet on each side. 18. Seven degrees fifty-nine minutes seven hundred feet; the right-of-way extending twenty feet on each side. 19. Seven degrees fifty-nine minutes two hundred feet; the right-of-way extending twenty-two' and five tenths feet on each side. 20. Seven degrees fifty-nine minutes two hundred and seventy-four and two tenths feet; the right-of-way extending thirty feet on each side. 21. On curve to left for a distance of three hundred and sixty-two and seventy-eight one hundredths feet; having a radius of three hundred and fifty-two and sixty-nine one hundredths feet, central angle being fifty-nine degrees eight minutes and long chord having a length of three hundred and forty-eight and six one hundredths feet; the right-of-way extending twenty feet on each side. 789 22. Three hundred and eight degrees fifty-one minutes three hundred

Description—Contd.

feet; the right-of-way extending twenty feet on each side. 23. On curve to right for a distance of three hundred and seventy-eight and sixty-three one hundredths feet, having a radius of four hundred and eighty-seven and seventy-nine one hundredths feet, central angle being forty-four degrees thirty-three minutes and long chord having a length of three hundred and sixty-nine and eight tenths feet; the right-of-way extending twenty feet on each side. 24. Three hundred and fifty-three degrees twenty-four minutes eight hundred and eighty-four and four tenths feet; the right-of-way extending twenty feet on each side. 25. Three hundred and fifty-three degrees twenty-four minutes one hundred and sixty and five tenths feet; the right-of-way extending twenty-five feet on each side. 26. On curve to left for a distance of three hundred and eighty-five and three tenths feet, having a radius of five hundred and ninety-six and four hundred and ninety-seven one thousandths feet, central angle being thirty-seven degrees three minutes and long chord having a length of three hundred and seventy-nine and four one hundredths feet; the right-of-way extending twenty feet on each side. 27. Three hundred and sixteen degrees twenty-one minutes sixty-six and four tenths feet; the right-of-way extending twenty feet on each side. 28. On curve to right for a distance of seven hundred and fifteen and eighty-four one hundredths feet, having a radius of six hundred and forty-six and eight hundred and thirty-eight one thousandths feet, central angle being sixty-three degrees twenty-eight minutes and long chord having a length of six hundred and eighty and forty-three one hundredths feet; the right-of-way extending twenty-five feet on the west side and twenty feet on the east side. 29. Nineteen degrees forty-nine minutes five hundred and seventy-one and seven tenths feet; the right-of-way extending twenty feet on each side. 30. Nineteen degrees forty-nine minutes three hundred feet; the right-of-way extending fifty feet on each side. 31. Nineteen degrees forty-nine minutes three hundred feet; the right-of-way extending thirty feet on each side. 32. Nineteen degrees forty-nine minutes six hundred feet; the right-of-way extending twenty feet on each side; from this point the azimuth and distance to a granite monument being three hundred and twenty-nine degrees forty-one minutes thirty-six and five, tenths feet, said monument being a corner of the land Hoaeae adjoining Honouliuli. 33. Twenty-one degrees fifty-one minutes four hundred feet; the right-of-way extending twenty feet on each side. 34. Twenty-one degrees fifty-one minutes three hundred and fifty feet; the right-of-way extending thirty feet on each side. 35. Twenty-one degrees fifty-one minutes two hundred and eighty-nine and one tenth feet; the right-of-way extending fifty feet on each side. 36. On curve to left for a distance of three hundred and sixty-two and forty-three one-hundredths feet, having a radius of three hundred and fifty-one and two hundred and sixty-nine one-thousandths feet, central angle being fifty-nine degrees nineteen minutes, and long chord having a length of three hundred and forty-seven and sixty-six one-hundredths feet; the right-of-way extending thirty feet on the west side and twenty feet on the east side. 790 37.

Description—Contd.

On curve to right for a distance of four hundred and seventy-four and eight hundred and thirty-four one-thousandths feet, having a radius of three hundred and eighty and five hundred and forty-three one-thousandths feet, central angle being thirty-five degrees fifty-one minutes, and long chord having a length of four hundred and forty-five and seven hundred and forty-two one-thousandths feet; the right-of-way extending thirty feet on the west side and twenty feet on the east side. 38. Thirty-four degrees fourteen minutes five hundred and ten feet; the right-of-way extending twenty feet on each side. 39. On curve to left for a distance of three hundred and eighty-seven and thirty-seven one-hundredths feet, having a radius of six hundred and twenty-nine and one hundred and thirty-six one-thousandths feet, central angle being thirty-five degrees nineteen minutes, and long chord having a length of three hundred and eighty-one and sixty-eight one-hundredths feet; the right-of-way extending twenty feet on each side. 40. Three hundred and fifty-eight degrees fifty-five minutes nine hundred and twenty-seven and five one-hundredths feet, to a point designated as “F”on map dated November 15, 1920, United States Engineer Department, file numbered 300.8; the right-of-way extending twenty feet on each side. 41. Two hundred and sixty-eight degrees fifty-five minutes twenty feet, to east boundary of right-of-way. 42. On curve to left for a distance of three hundred and seventy-seven and seventy-eight one-hundredths feet, having a radius of four hundred and seventy-five and seventy one-hundredths feet, central angle being forty-five degrees thirty-five minutes, and long chord having a length of three hundred and sixty-eight and fifty-six one-hundredths feet; the right-of-way extending forty feet on west side. 43. Three hundred and thirteen degrees twenty minutes two thousand five hundred and sixty-nine and forty-five one-hundredths feet; the right-of-way extending forty feet on southwest side. 44. Three hundred and ten degrees forty minutes three thousand and nine hundred feet, to the boundary line of Hoaeae and Honouliuli; the right-of-way extending forty feet on southwest side. 45. Three hundred and thirty-six degrees fourteen minutes five thousand eight hundred and seventy-nine and two tenths feet; along boundary line of Hoaeae and Honouliuli, the right-of-way extending forty feet to the west of said boundary line to “H”. 46. Three hundred and thirty-seven degrees fifty-seven minutes four thousand six hundred and eighty-six feet; along boundary line of Hoaeae and Honouliuli, the right-of-way extending forty feet west of said boundary line. 47. Three hundred and thirty-eight degrees thirty-nine minutes two thousand and thirty-five feet; along boundary line of Hoaeae and Honouliuli, to a marked rock known as “Pohaku Palahalaha” to “I”. From said rock the following triangulation stations bear true azimuths: Salt Lake, two hundred and eighty degrees twenty minutes; Puuloa, three hundred and sixteen degrees twenty-two minutes; West Wireless tower, two hundred and ninety-nine degrees fourteen minutes. 48. One hundred and forty-one degrees forty-four minutes one hundred and thirty-seven and four tenths feet; being southwest boundary line of right-of-way. 49. One hundred and fifty-eight degrees thirty-nine minutes one thousand nine hundred and three and five tenths feet; being boundary line of right-of-way forty feet west of boundary line between 791Hoaeae and Honouliuli to point designated as “J”on map file

Description—Contd.

numbered 300.8, dated November 15, 1920—containing an area of thirty-seven and nineteen one-hundredths acres, more or less, being the right-of-way for military road conveyed to the United States of America by the trustees under the will and of the estate of James Campbell, deceased, by deed of conveyance dated September 27, 1921, and duly recorded in the office of the registrar of conveyances in said Honolulu in Book Numbered 667 on pages 5 to 10, inclusive.

Approved, May 21, 1934.

To provide for an appropriation of $50,000 with which to make a survey of the Old Indian Trail known as the “Natchez Trace”, with a view of constructing a national road on this route to be known as the “Natchez Trace Parkway.” 1934-05-21 323 Chapter 48 Stat. 791 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 323.]

AN ACT To provide for an appropriation of $50,000 with which to make a survey of the Old Indian Trail known as the “Natchez Trace”, with a view of constructing a national road on this route to be known as the “Natchez Trace Parkway.”

May 21, 1934.

[S. 2825]

[Public, No. 244]

Whereas the Natchez Trace was one of the most ancient and important

Natchez Trace Parkway.

Preamble.

Indian roads leading from the territory in the section of Tennessee about Nashville in a southwest course, crossing the Tennessee River at Colbert Shoals a few miles below Muscle Shoals, thence passing in a southwest course through the Chickasaw and Choctaw Indian lands in what is now Mississippi, in an almost direct course by Jackson, Mississippi, to Natchez; and Whereas the Natchez Trace is located throughout almost its entire length on highlands between watersheds on the most suitable route over which to establish the national parkway through a section of the country greatly in need of such road facilities from a national standpoint to connect the North and East directly with the Natchez, New Orleans, and southwest section of the country; and Whereas the Natchez Trace was made famous for the service it rendered in affording General Jackson a route over which much of his forces moved to take part in Jackson’s famous victory over the British at New Orleans, and also by reason of the fact that General Jackson returned with his army over this Trace to Nashville after the Battle of New Orleans; and Whereas the Natchez Trace is known as one of the Nation’s most famous old roads, and has been marked by handsome boulders with suitable inscriptions by the Daughters of the American Revolution at great expense, these boulders being placed every few miles from one end of the Trace to the other; and Whereas unusual interest is being manifested in the building of a national parkway by the Government, Natchez Trace organizations having been perfected in almost every county through which the Trace passes; and Whereas the Government has recently adopted a policy and set up a division in the Department of the Interior, known as the “National Park Service” to engage in a national way in laying out parks, reservations, and building parkways: Therefore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That there is

Appropriation authorized for surveying.

hereby authorized to be appropriated out of the Treasury of the United States, a sum not exceeding $50,000 to be used by the Department of the Interior through the National Park Service with which to make a survey of the Old Natchez Trace throughout its entire length leading from the section of Tennessee about Nashville to Natchez, Mississippi, the same to be known as the “Natchez Trace Parkway.” The said survey shall locate the Natchez Trace as near 792

Cost of construction to be estimated.

as practicable in its original route. An estimate of cost of construction of an appropriate national parkway over this route, and such other data as will be valuable shall be obtained by said survey with the objective of determining matters concerning the construction of the Natchez Trace Parkway.

Approved, May 21, 1934.

To provide for the further development of vocational education in the several States and Territories. 1934-05-21 324 Chapter 48 Stat. 792 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 324.]

AN ACT To provide for the further development of vocational education in the several States and Territories.

May 21, 1934.

[H. R. 7059]

[Public, No. 245]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Vocational education.

Additional appropriations authorized for further development, fiscal years 1935–37.

Post, p. 1034.

That for the purpose of providing for the further development of vocational education in the several States and Territories there is hereby authorized to be appropriated for the fiscal year ending June 30, 1935, the sum of $3,000,000; for the fiscal year ending June 30, 1936, the sum of $3,000,000; and for the fiscal year ending June 30, 1937, the sum of $3,000,000. One third of this sum each year shall be allotted to

Apportionment of. Farm population.

the States and Territories in the proportion that their farm population bears to the total farm population of the United States, exclusive of the insular possessions, according to the United States census last preceding the end of the fiscal year in which any such allotment is to be made, and shall be used for the salaries of teachers, supervisors, and directors of agricultural subjects in such States and Territories.

Rural population.

One third of the sum appropriated for each fiscal year shall be allotted to the States and Territories in the proportion that their rural population bears to the total rural population of the United States, exclusive of the insular possessions, according to the United States census last preceding the end of the fiscal year in which any such allotment is to be made, and shall be used for the salaries of teachers, supervisors, and directors of home-economics subjects in

Nonfarm population.

such States and Territories. One third of the sum appropriated for each fiscal year shall be allotted to the States and Territories in the proportion that their nonfarm population bears to the total nonfarm population of the United States, exclusive of the insular possessions, according to the United States census last preceding the end of the fiscal year in which any such allotment is to be made, and shall be used for the salaries of teachers, supervisors, and directors of trade and industrial-education subjects in such States and Territories:

Proviso.

Minimum allowance.

Provided, That the allotment of funds to any State or Territory for each of the three purposes enumerated in this section shall be not less than a minimum of $5,000 for any fiscal year, and there is hereby authorized to be appropriated for each of the fiscal years ending June 30, 1935; June 30, 1936; and June 30, 1937, the sum of $84,603, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotments to the States and Territories provided for in this section.

Sec. 2.

Sum authorized for administering Act.

Vol. 39, p. 933; Vol. 40, p. 345.

For the purpose of carrying out the provisions of this Act there is hereby authorized to be appropriated to the Department of the Interior, Office of Education, for vocational education, for each of the fiscal years ending June 30, 1935, June 30, 1936, and June 30, 1937, the sum of $100,000, to be expended for the same purposes and in the same manner as provided in section 7 of the Act approved February 23, 1917, as amended October 6, 1917.

Sec. 3.

Semiannual payments to be made.

The Secretary of the Treasury, upon the certification of the United States Commissioner of Education, shall pay, in equal semiannual payments, on the 1st day of July and January of each 793year, to the custodian of each State as designated in the Act approved February 23, 1917, the moneys to which it is entitled under the provisions of this Act.

Sec. 4. The appropriations made by this Act shall be in addition

Authorizations additional to former Act.

to, and shall be subject to the same conditions and limitations as, the appropriations made by the Act entitled “An Act to provide for the promotion of vocational education; to provide cooperation with the States in the promotion of such education in agriculture and in the trades and industries; to provide cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditures”, approved February 23, 1917, except that the appropriations made by this Act for home economics

Provisions concerning home economics.

shall be subject to the conditions and limitations applicable to the appropriation for agricultural purposes under such Act of February

Vol. 39, p. 934.

23, 1917, with the exception of that part of section 10 thereof which requires directed or supervised practice for at least six months per year; that such moneys as are provided by this Act for trade and

Plan of education.

industrial subjects may be expended for part-time classes operated for less than one hundred and forty-four hours per year; and that the appropriations available under section 2 of this Act shall be

Attendance at meetings authorized.

available for expenses of attendance at meetings of educational associations and other organizations, which, in the opinion of the Commissioner, are necessary for the efficient discharge of the provisions of this Act.

Approved, May 21, 1934.

To permit articles imported from foreign countries for the purpose of exhibition at A Century of Progress Exposition, Chicago, Illinois, to be admitted without payment of tariff, and for other purposes. 1934-05-21 325 Chapter 48 Stat. 793 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 325.]

JOINT RESOLUTION To permit articles imported from foreign countries for the purpose of exhibition at A Century of Progress Exposition, Chicago, Illinois, to be admitted without payment of tariff, and for other purposes.

May 21, 1934.

[H. J. Res. 311]

[Pub. Res., No. 26]

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

That all articles which

A Century of Progress Exposition.

Dutiable articles imported for exhibition, etc., purposes, admitted free under regulations.

shall be imported from foreign countries for the purpose of exhibition at the exposition to be held by and known as “A Century of Progress”, or for use in constructing, installing, or maintaining foreign buildings or exhibits at the said exposition, upon which articles there shall be a tariff or customs duty, shall be admitted without payment of such tariff, customs duty, fees, or charges under such regulations as the Secretary of the Treasury shall prescribe; but it shall be lawful at any time during or within three months

Sales permitted.

after the close of the said exposition, to sell within the area of the exposition any articles provided for herein, subject to such regulation for the security of the revenue and for the collection of import duties as the Secretary of the Treasury shall prescribe: Provided,

Provisos.

Duty on articles withdrawn.

That all such articles, when withdrawn for consumption or use in the United States, shall be subject to the duties, if any, imposed upon such articles by the revenue laws in force at the date of their withdrawal; and on such articles, which shall have suffered diminution

Deterioration allowance.

or deterioration from incidental handling or exposure, the duties, if payable, shall be assessed according to the appraised value at the time of withdrawal from entry hereunder for consumption or entry under the general tariff law: Provided further, That imported

Marking provisions.

articles provided for herein shall not be subject to any marking requirements of the general tariff laws, except when such articles are withdrawn for consumption or use in the United States, in which case they shall not be released from customs custody until properly marked, but no additional duty shall be assessed because 794such articles were not sufficiently marked when imported into the

Exhibits previously entered and under continuous customs custody, etc.; transfer privileges.

United States: Provided further, That articles, which have been admitted without payment of duty for exhibition under any tariff law and which have remained in continuous customs custody or under a customs exhibition bond, and imported articles in bonded warehouses under the general tariff law may be accorded the privilege of transfer to and entry for exhibition at the said exposition under such regulations as the Secretary of the Treasury shall prescribe:

A Century of Progress deemed sole consignee of merchandise.

And provided further, That A Century of Progress shall be deemed, for customs purposes only, to be the sole consignee of all merchandise imported under the provisions of this Act, and that the actual and

Expenses reimbursable.

necessary customs charges for labor, services, and other expenses in connection with the entry, examination, appraisement, release, or custody, together with the necessary charges for salaries of customs officers and employees in connection with the supervision, custody of, and accounting for, articles imported under the provisions of this Act, shall be reimbursed by A Century of Progress to the Government of the United States under regulations to be prescribed by the

Deposit of, as refunds.

Vol. 46, p. 741.

Secretary of the Treasury, and that receipts from such reimbursements shall be deposited as refunds to the appropriation from which paid, in the manner provided for in section 524, Tariff Act of 1930.

Approved, May 21, 1934.

To extend the provisions of the National Motor Vehicle Theft Act to other stolen property. 1934-05-22 333 Chapter 48 Stat. 794 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 333.]

AN ACT To extend the provisions of the National Motor Vehicle Theft Act to other stolen property.

May 22, 1934.

[S. 2845]

[Public, No. 246]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Stolen Property Act.

That this Act may be cited as the“ National Stolen Property Act.”

Sec. 2. That when used in this Act— (a)

Definitions.

“Interstate or foreign commerce.”

The term“ interstate or foreign commerce” shall mean transportation from one State, Territory, or the District of Columbia to another State, Territory, or the District of Columbia, or to a foreign country, or from a foreign country to any State, Territory, or the District of Columbia. (b)

“Securities.”

The term“ securities” shall include any note, stock certificate, bond, debenture, check, draft, warrant, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting- trust certificate; certificate of interest in property, tangible or intangible; instrument or document or writing evidencing ownership of goods, wares, and merchandise; or transferring or assigning any right, title, or interest in or to goods, wares, and merchandise, or, in general, any instrument commonly known as a“ security”, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, warrant, or right to subscribe to or purchase any of the foregoing, or any forged, counterfeited, or spurious representation of any of the foregoing. (c)

“Money.”

The term“ money” shall mean the legal tender of the United States or of any foreign country, or any counterfeit thereof.

Sec. 3.

Stolen goods, securities, or money.

Transporting in interstate or foreign commerce.

Whoever shall transport or cause to be transported in interstate or foreign commerce any goods, wares, or merchandise, securities, or money, of the value of $5,000 or more theretofore stolen or taken feloniously by fraud or with intent to steal or 795purloin, knowing the same to have been so stolen or taken, shall be

Punishment for.

punished by a fine of not more than $10,000 or by imprisonment for not more than ten years, or both.

Sec. 4. Whoever shall receive, conceal, store, barter, sell, or dispose

Receiving such property.

of any goods, wares, or merchandise, securities, or money, of the value of $5,000 or more, or whoever shall pledge or accept as

Accepting as security for loan.

security for a loan any goods, wares, or merchandise, or securities of the value of $500 or more which, while moving in or constituting a part of interstate or foreign commerce, has been stolen or taken feloniously by fraud or with intent to steal or purloin, knowing the same to have been stolen or taken, shall be punished by a fine of

Punishment for.

not more than $10,000 or by imprisonment of not more than ten years, or both.

Sec. 5. In the event that a defendant is charged in the same

Two or more violations in same indictment.

indictment with two or more violations of this Act, then the aggregate value of all goods, wares, and merchandise, securities, and money referred to in such indictment shall constitute the value thereof for the purposes of sections 3 and 4 hereof.

Sec. 6. Any person violating this Act may be punished in any

Venue of prosecutions.

district into or through which such goods, wares, or merchandise, or such securities or money, have been transported or removed.

Sec. 7. Nothing herein shall be construed to repeal, modify, or

National Motor Vehicle Theft Act not affected.

Vol. 41, p. 324; U. S. C., p. 495.

amend any part of the Act of October 29, 1919 (ch. 89), cited as the “National Motor Vehicle Theft Act.”

Approved, May 22, 1934.

To provide for the exchange of Indian and privately owned lands, Fort Mojave Indian Reservation, Arizona. 1934-05-23 337 Chapter 48 Stat. 795 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 337.]

AN ACT To provide for the exchange of Indian and privately owned lands, Fort Mojave Indian Reservation, Arizona.

May 23, 1934.

[S. 1807]

[Public, No. 247]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Fort Mojave Indian Reservation, Ariz.

Exchange of Indian and privately owned lands permitted.

of the Interior is hereby authorized to accept, in his discretion, under rules and regulations to be prescribed by him, conveyances to the Government of privately owned lands contiguous to the even-numbered sections added to the Fort Mojave Indian Reservation, Arizona, by Executive order of February 2, 1911, and to permit

Executive Order 1296.

lieu selections of lands approximately equal in value from the even-numbered sections by those surrendering their holdings, so that the lands retained and acquired through exchange for Indian use may be consolidated and held in a solid area so far as may be possible: Provided, That upon conveyance of any privately owned lands to

Provisos.

Patent to issue on conveying privately owned lands.

the Government pursuant thereto, the Secretary of the Interior is hereby authorized to issue to the person or persons making the conveyance, patent of appropriate form and legal effect for the lieu lands. The areas consolidated in the Government pursuant to this

Consolidations for benefit of Indians.

Act are hereby declared to be held for the benefit of the Indians of the Fort Mojave Reservation: Provided further, That the title

Title.

or claim of any person or persons who refuse to convey to the Government shall not be affected by this Act.

Approved, May 23, 1934.

To provide for the exploitation for oil, gas, and other minerals on the lands comprising Fort Morgan Military Reservation, Alabama. 1934-05-23 338 Chapter 48 Stat. 796 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 796 [CHAPTER 338.]

AN ACT To provide for the exploitation for oil, gas, and other minerals on the lands comprising Fort Morgan Military Reservation, Alabama.

May 23, 1934.

[H. R. 8208]

[Public, No. 248]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Fort Morgan Military Reservation, Ala.

Lease of, for exploitation for oil, gas, etc., authorized.

That the Secretary of the Interior is hereby authorized to lease within the period of two years from the date of the passage of this Act the lands comprising Fort Morgan Military Reservation situated in the county of Baldwin, State of Alabama, for exploitation for oil, gas, and

Vol. 41, p. 437.

Advertising leases for sale.

other minerals under the Act of February 25, 1920 (41 Stat. 437), as amended, and regulations thereunder. The Secretary of the Interior shall within thirty days from the date of the passage of this Act advertise said lease for sale under the Act of February 25, 1920 (41 Stat. 437), as amended, and regulations thereunder:

Provisos.

Award, in event of but one bidder.

Provided, That in case but one offer or bid is received, the Secretary may, in his discretion, award the right to extract the oil and gas to

Military or lighthouse uses.

such bidder: Provided further, That the operation of the lease shall not interfere with the use for military purposes or for lighthouse purposes of that portion of said land transferred to the

Quarantine purposes.

Department of Commerce nor with the use for quarantine purposes of that portion of said lands transferred to the Treasury Department:

Alabama’s consent for operating quit-claimed tracts therein; report to Congress.

And provided further, That the operation upon the tract quitclaimed to the State of Alabama shall be only by and with the consent of the State of Alabama. If a lease be made the Secretary of the Interior is directed to make a written report to Congress of its terms and conditions within not less than thirty days after the execution of the lease.

Sec. 2.

Provision for sale of reservation suspended for 2 years.

Any part or parts of the Act approved March 12, 1926, authorizing the sale of the Fort Morgan Military Reservation is hereby suspended for a period of two years following the passage of this Act or until it has been determined by the Secretary of the Interior that it is impracticable and uneconomical to exploit this reservation for oil, gas, and other minerals under the provisions

Proviso.

Exploitation tests.

of this Act: Provided, That the failure of private interests to submit satisfactory proposal for the leasing of this property under the provisions of section 2 of this Act, after due advertisement thereof, may be accepted as proof of impracticability of exploitation.

Approved, May 23, 1934.

To provide, in case of the disability of senior circuit judges, for the exercise of their powers and the performance of their duties by the other circuit judges. 1934-05-23 339 Chapter 48 Stat. 796 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 339.]

AN ACT To provide, in case of the disability of senior circuit judges, for the exercise of their powers and the performance of their duties by the other circuit judges.

May 23, 1934.

[H. R. 7356]

[Public, No. 249]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Circuit judges.

Provisions, in case of disability of senior circuit judges.

Vol. 36, p. 1131; Vol. 40, p. 1157.

That in case the senior circuit judge of any circuit is unable because of illness or other cause to exercise any power given or to perform any duty imposed by law, such power or duty shall be exercised or performed by the other judges of that circuit in the order of the seniority of their respective commissions.

Approved, May 23, 1934.

To amend the law relative to citizenship and naturalization, and for other purposes. 1934-05-24 344 Chapter 48 Stat. 797 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 797 [CHAPTER 344.]

AN ACT To amend the law relative to citizenship and naturalization, and for other purposes.

May 24, 1934.

[H. R. 3673]

[Public, No. 250]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 1993

Citizenship and naturalization.

R. S., sec. 1993, p. 350; U. S. C., p. 121.

Citizenship of child born abroad of citizen parent.

of the Revised Statutes is amended to read as follows:

“Sec. 1993. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of

Residence of parent.

citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of

Of child, when one parent an alien.

the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child’s twenty-first birthday, he or she shall take an oath of allegiance to

Oath of allegiance.

the United States of America as prescribed by the Bureau of Naturalization.”

Sec. 2. Section 5 of the Act entitled “An Act in reference to the

Vol. 34, p. 1229; U. S. C., p. 122.

expatriation of citizens and their protection abroad”, approved March 2, 1907, as amended, is amended to read as follows:

“Sec. 5. That a child born without the United States of alien

Acquisition of citizenship by child upon naturalization, etc., of parent.

parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the father or the mother: Provided, That such naturalization or resumption

Provisos.

Minority of child.

shall take place during the minority of such child: And provided further, That the citizenship of such minor child shall begin

When citizenship of child to begin.

five years after the time such minor child begins to reside permanently in the United States.

Sec. 3. A citizen of the United States may upon marriage to a

Renunciation of citizenship upon marriage to foreigner.

foreigner make a formal renunciation of his or her United States citizenship before a court having jurisdiction over naturalization of aliens, but no citizen may make such renunciation in time of war,

In time of war.

and if war shall be declared within one year after such renunciation then such renunciation shall be void.

Sec. 4. Section 2 of the Act entitled “An Act relative to the

Vol. 42, p. 1022; U. S. C., p. 158.

naturalization and citizenship of married women”, approved September 22, 1922, is amended to read as follows:

“Sec. 2. That an alien who marries a citizen of the United States,

Requirements for naturalization, aliens married to citizens.

after the passage of this Act, as here amended, or an alien whose husband or wife is naturalized after the passage of this Act, as here amended, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, he or she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions: “(a) No declaration of intention shall be required.

Declaration of intentions.

“(b) In lieu of the five-year period of residence within the

Residence.

United States and the one-year period of residence within the State or Territory where the naturalization court is held, he or she shall have resided continuously in the United States, Hawaii, Alaska, or Porto Rico for at least three years immediately preceding the filing of the petition.”

798

Sec. 5.

Repeal provision.

Naturalization of wife and minor children of insane declarant.

Vol. 36, p. 929; U. S. C., p. 158.

Of widow and minor children of deceased declarant.

Vol. 34, p. 598; U. S. C., p. 159.

The following Acts and parts of Acts, respectively, are repealed: The Act entitled “An Act providing for the naturalization of the wife and minor children of insane aliens, making homestead entries under the land laws of the United States”, approved February 24, 1911; subdivision “Sixth” of section 4 of the Act entitled “An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States”, approved June 29, 1906; and

Admission of alien wives of World War veterans.

Vol. 46, p. 849; U. S. C., Supp. VII, p. 87.

section 8 of the Act entitled “An Act relative to the naturalization and citizenship of married women”, approved September 22, 1922, as said section was added by the Act approved July 3, 1930, entitled “An Act to amend an Act entitled ‘An Act relative to naturalization and citizenship of married women’, approved September 22, 1922.”

Existing rights not affected.

The repeal herein made of Acts and parts of Acts shall not affect any right or privilege or terminate any citizenship acquired under such Acts and parts of Acts before such repeal.

Approved, May 24, 1934.

To amend an Act entitled “An Act to establish a uniform system of bankruptcy throughout the United States”, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto. 1934-05-24 345 Chapter 48 Stat. 798 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 345.]

AN ACT To amend an Act entitled “An Act to establish a uniform system of bankruptcy throughout the United States”, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto.

May 24, 1934.

[H. R. 5950]

[Public, No. 251]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Bankruptcy Act of 1898, amendments.

Vol. 30, p. 544.

That the Act of July 1, 1898, entitled “An Act to establish a uniform system of bankruptcy throughout the United States”, as approved July 1, 1898, and Acts amendatory thereof and supplementary thereto be, and they are hereby, amended by adding thereto a new chapter to read as follows: “CHAPTER IX “Provisions for the Emergency Temporary Aid of Insolvent Public Debtors and to Preserve the Assets Thereof and for Other Related Purposes

“Sec. 78.

Declaration of policy.

Declaration of policy.— There is hereby found, determined, and declared to exist a national emergency caused by increasing financial difficulties of many local governmental units, which renders imperative the further exercise of the bankruptcy powers of the Congress of the United States.

“Sec. 79.

Courts of bankruptcy, additional jurisdiction.

Additional jurisdiction.— Until the expiration of two years from the date this chapter takes effect, in addition to the jurisdiction exercised in voluntary and involuntary proceedings to adjudge persons bankrupt, courts of bankruptcy shall exercise original jurisdiction in proceedings for the relief of debtors, as provided in this chapter of this Act.

“Sec. 80.

Municipal debt readjustments.

Petition of insolvent taxing district.

Municipal-debt readjustments.— (a) Any municipality or other political subdivision of any State, including (but not hereby limiting the generality of the foregoing) any county, city, borough, village, parish, town, or township, unincorporated tax or special assessment district, and any school, drainage, irrigation, reclamation, levee, sewer, or paving, sanitary, port, improvement or other districts (hereinafter referred to as a ‘taxing district’), may file a petition stating that the taxing district is insolvent or unable to meet its debts as they mature, and that it desires to effect a plan of readjustment of

Where to be filed.

its debts. The petition shall be filed with the court in whose territorial jurisdiction the taxing district or the major part thereof is 799located and for any such district having no officials of its own the petition shall be filed by the municipality or political subdivision, the officials of which have power to contract on behalf of said district or to levy the special assessments within such district. The petition

Filing fee.

shall be accompanied by payment to the clerk of a filing fee of $100, which shall be in addition to the fees required to be collected by the clerk under other chapters of this Act. The petition shall

Contents of petition.

Readjustment plan to accompany.

Creditors’ consent required in writing.

state that a plan of readjustment has been prepared, is filed and submitted with the petition, and that creditors of the taxing district owning not less than 30 per centum in the case of drainage, irrigation, reclamation, and levee districts and owning not less than 51 per centum in the case of all other taxing districts in amount of the bonds, notes, and certificates of indebtedness of the taxing district affected by the plan, excluding bonds, notes, or certificates of indebtedness owned, held, or controlled by the taxing district in a fund or otherwise, have accepted it in writing. The petition shall be accompanied

List of creditors to be furnished.

with such written acceptance and with a list of all known creditors of the taxing district, together with their addresses so far as known to the taxing district, and description of their respective claims

Description of claims.

showing separately those who have accepted the plan of readjustment, together with their separate addresses, the contents of which list

Lists not to constitute admissions.

shall not constitute admissions by the taxing districts in a proceeding under this chapter or otherwise. Upon the filing of such a

Judge to enter order approving or disapproving petition.

petition the judge shall enter an order either approving it as properly filed under this chapter, if satisfied that such petition complies with this chapter and has been filed in good faith, or dismissing it, if not so satisfied. If creditors holding 5 per centum in amount of

If creditors holding 5 percent appear and controvert, judge shall decide.

the bonds, notes, or certificates of indebtedness shall, within ninety days after the first publication of the notice provided for in subdivision (c), clause (1), of this chapter, appear and controvert the facts alleged in the petition, the judge shall decide the issues presented, and unless the material allegations of the petition are sustained, shall dismiss the petition. “(b)

A plan of readjustment within the meaning of this chapter

Plan of readjustment. Agreements and provisions may include.

(1) shall include provisions modifying or altering the rights of creditors generally, or of any class of them, secured or unsecured, either through the issuance of new securities of any character or otherwise; and (2) may contain such other provisions and agreements, not inconsistent with this chapter, as the parties may desire.

“No creditor shall be deemed to be affected by any plan of readjustment

Class of creditors deemed affected.

unless the same shall affect his interests materially and adversely, and in case any controversy shall arise as to whether any

Determination of controversies.

creditor or class thereof shall or shall not be affected, the issue shall be determined by the judge after hearing upon notice to the parties interested.

“The term ‘securities’ shall include bonds, notes, and other evidences

Terms construed.

“Securities.”

of indebtedness, either secured or unsecured, and certificates of beneficial interests in property. The term ‘creditors’ shall

“Creditors.”

include for all purposes of this chapter all holders of claims, debts, securities, liens or other interests of whatever character against the taxing district or its property or revenues, including claims under executory contracts and for future rent, whether or not such claims would otherwise constitute provable claims under this Act, and all holders of judgments rendered against such taxing district but excepting claims for salaries and wages of officers and employees of the taxing district.

“For all purposes of this chapter any creditor may act in person

Creditor may act in person or by agent.

or by a duly authorized agent or committee. Where any committee, 800

Group representation; requirements.

organization, group, or individual shall assume to act for or on behalf of creditors, such committee, organization, group, or individual shall first file with the court in which the proceeding is pending a list of the creditors represented by such committee, organization, group, or individual, together with a statement of the amount, class, and character of the indebtedness held by each such creditor, and shall accompany the same with a copy of the contract or agreement entered into between such committee, organization, group, or individual and the creditors represented by it or them, which contracts shall disclose all compensation to be received directly or indirectly by such agent or committee.

“(c)

Procedure when petition approved.

Notice to creditors.

Publication of hearing.

Time and purpose of holding.

Upon approving the petition or at any time thereafter the judge (1) shall require the taxing district to give such notice as the order may direct to creditors, and to cause publication, to be made at least once a week for three successive weeks, of a hearing, to be held within ninety days after the approval of the petition for the purpose of considering the plan of readjustment filed with the petition and of any changes therein or modifications thereof which may be proposed;

Time extension when readjustment plan not accepted.

(2) if a plan of readjustment is not accepted and approved within such reasonable period as the judge may fix, or, if accepted and approved, is not confirmed, the judge may, after hearing, either extend such period not exceeding one year from the date of the filing of the petition, or dismiss the proceedings as the interests of

Provisos.

If plan not accepted within year.

Further extension upon consent of majority creditors.

the creditors may equitably require: Provided, however, That if a plan shall not be accepted and approved within one year from the date of the filing of the petition, the judge, after hearing, may continue the proceeding for not exceeding two years from the date of the filing of the petition, with the written consent of creditors of the taxing district holding more than one half in amount of all

Taxing district to furnish necessary data.

claims affected by the plan; (3) shall require the taxing district at such time or times as the judge may direct, and in lieu of the schedules required by section 7 of this Act, to file such schedules and submit such other information as may be necessary to disclose the conduct of the affairs of the taxing district and the fairness of any

Creditor claims, time and manner of filing.

proposed plan; (4) shall determine a reasonable time and manner in which the claims and interests of creditors may be filed or evidenced, and, for the purposes of the plan and its acceptance, the division of creditors into classes according to the nature of their respective claims and interests; and may, for the purposes of such

Classification.

classification, classify as an unsecured claim the amount of any secured claim in excess of the value of the security thereof, such

Vol. 30, p. 560.

value to be determined in accordance with the provisions of chapter

Executory contracts of taxing district, rejection authorized.

Notice of determinations.

57, clause (h), of this Act; (5) may, with the authorized written approval of the taxing district, direct the rejection of contracts of the taxing district executory in whole or in part; (6) shall cause reasonable notice of such determination and of all hearings for the consideration of the proposed plan, or the dismissal of the proceedings, or the allowances of fees or expenses, to be given creditors

Inspection of district’s files, etc.

by publication or otherwise; (7) may require the taxing district to open its books, records, and files to the inspection of any creditor of

Allowances for services and expenses.

the taxing district during reasonable business hours; (8) may allow a reasonable compensation for the services rendered and reimbursement for the actual and necessary expenses incurred in connection with the proceeding and the payment of special masters, readjustment managers and committees or other representatives of creditors of the taxing district, and the attorneys or agents of any of the foregoing;

Appeals from orders.

and appeals may be taken, from the orders making such allowances, to the circuit court of appeals for the circuit in which the proceeding under this chapter is pending, independently of other 801appeals which may be taken in the proceedings, and such appeals shall be heard summarily: Provided, however, That no fees, compensation,

Assessments for attorney’s, etc., fees restricted.

reimbursement, or other allowances for attorneys, agents, committees, or other representatives of creditors shall be assessed against the taxing district or paid from any revenues, property, or funds except in the manner and in such sums, if any, as may be provided for in the plan of readjustment; (9) in addition to the

Stay of pending suits.

Vol. 30, p. 545.

provisions of chapter II of this Act for the staying of pending suits, the court may upon notice enjoin or stay until after final decree, the commencement or continuation of suits against the taxing district, or any officer or inhabitant of the taxing district, on account of the indebtedness of such taxing district, or to enforce any lien or to enforce levy of taxes for the payment of any such indebtedness: Provided, however, That the judge may enter an interlocutory decree

Interlocutory decree providing that plan be temporarily operative.

providing that the plan shall be temporarily operative with respect to all indebtedness affected thereby and that the payment of the principal or interest, or both, of such indebtedness shall be temporarily

Postponements of payments during period.

postponed or extended or otherwise readjusted in the same manner and upon the same terms as if such plan had been finally confirmed and put into effect, and upon the entry of such decree the principal or interest, or both, of such indebtedness which has otherwise become due, or which would otherwise become due, shall not be or become due or payable, and the payment of all such indebtedness shall be postponed during the period in which such decree shall remain in force; and (10) may refer any matters to a special

Reference to special master.

Limitation on power of court.

Interferences denied.

master, for consideration and report upon specified issues; but (11) shall not, by any order or decree, in the proceeding or otherwise, interfere with (a) any of the political or governmental powers of the taxing district, or (b) any of the property or revenues of the taxing district necessary in the opinion of the judge for essential governmental purposes, or (c) any income-producing property, unless the plan of readjustment so provides. The taxing district shall be

Right of taxing district and creditors to hearing.

heard on all questions. Any creditor shall be heard on the question of the proposed confirmation of the plan, and, upon filing a petition for leave to intervene, on such other questions arising in the proceeding as the judge shall determine. “(d) The plan of readjustment shall not be confirmed until it has

Plan of readjustment.

Acceptance by creditors before confirmation.

been accepted in writing, filed in the proceeding, by or on behalf of creditors whose claims have been allowed holding two thirds in amount of the claims of each class whose claims have been allowed and would be affected by the plan, and by creditors holding 66⅔ per centum in the case of drainage, irrigation, reclamation, and levee districts and creditors holding 75 per centum in the case of all other taxing districts in amount of the claims of all classes of the taxing district affected by the plan, but excluding claims owned, held, or controlled by a taxing district, and such plan has been accepted and approved by the taxing district in a writing filed in the proceeding, signed in its name by an authorized authority: Provided, however,

Proviso.

Creditors whose claims not affected.

That it shall not be requisite to the confirmation of the plan that there be such acceptance by any creditor or class of creditors (a) whose claims are not affected by the plan, or (b) if the plan makes provision for the payment of their claims in cash in full, or (c) if provision is made in the plan for the protection of the interests, claims, or liens of such creditors or class of creditors. “(e) After hearing such objections as may be made to the plan, the

Confirmation of plan by court.

judge shall confirm the plan if satisfied that (1) it is fair, equitable, and for the best interests of the creditors, and does not discriminate unfairly in favor of any class of creditors; (2) complies with the provisions of subdivision (b) of this chapter; (3) has been accepted 802and approved as required by the provisions of subdivision (d) of this chapter; (4) all amounts to be paid by the taxing district for services or expenses incident to the readjustment have been fully disclosed and are reasonable; (5) the offer of the plan and its acceptance are in good faith; and (6) the taxing district is authorized by law, upon confirmation of the plan, to take all action necessary

Changes and modifications allowed.

to carry out the plan. Before a plan is confirmed, changes and modifications may be made therein, with the approval of the judge after hearing upon notice to creditors, subject to the right of any creditor

Rights of creditor thereafter.

who shall previously have accepted the plan to withdraw his acceptance, within a period to be fixed by the judge and after such notice as the judge may direct, if, in the opinion of the judge, the change or modification will be materially adverse to the interest of such creditor, and if any creditor having such right of withdrawal shall not withdraw within such period, he shall be deemed to have accepted

Proviso.

Conformity with subdivision.

the plan as changed or modified: Provided, however, That the plan as changed or modified shall comply with all the provisions of this subdivision. “(f)

Effect of confirmation.

Upon such confirmation the provisions of the plan and of the order of confirmation shall be binding upon (1) the taxing district, and (2) all creditors, secured or unsecured, whether or not affected by the plan, and whether or not their claims shall have been filed or evidenced, and if filed or evidenced, whether or not allowed, including creditors who have not, as well as those who have, accepted it. “(g)

Disapproval of plan by court; statement of reasons.

Discharge of taxing district from debts, etc., upon approval.

In the event the judge shall disapprove the plan he shall file an opinion stating his reasons for such disapproval. If he approve the plan, the final decree shall discharge the taxing district from those debts and liabilities dealt with in the plan except as provided in the plan; and upon the entry of such decree the jurisdiction of the court in such proceeding shall cease. “(h)

Certified copy of decree or order as evidence of jurisdiction of court.

A certified copy of the final decree or of an order confirming a plan of readjustment, or of any other decree or order entered in a proceeding under this chapter, shall be evidence of the jurisdiction of the court, the regularity of the proceedings, and the fact that the

Order directing property transfer; effect of.

decree or order was made. A certified copy of an order directing the transfer of any property dealt with by the plan, shall be evidence of the transfer of title accordingly, and if recorded as conveyances are recorded shall impart the same notice that a deed, if recorded, would impart. “(i)

Status of proceedings under this chapter.

In proceedings under this chapter and consistent with the provisions thereof, the jurisdiction and powers of the court, the duties of the taxing district and the rights and liabilities of creditors, and of all persons with respect to the taxing district and its property, shall be the same as if a voluntary petition for adjudication had been filed and a decree of adjudication had been entered on the day when the petition of the taxing district was approved. “(j)

Effective upon approval.

This chapter shall take effect and be in force from and after the date of the approval of this amendatory Act and shall apply as fully to taxing districts and their creditors, whose interests or debts have been acquired or incurred prior to such date, as to taxing districts and their creditors, whose interests or debts are acquired or incurred after such date. “(k)

Power of State over political subdivisions not impaired.

Nothing contained in this chapter shall be construed to limit or impair the power of any State to control, by legislation or otherwise, any political subdivision thereof in the exercise of its political or governmental powers, including expenditures therefor, and including the power to require the approval by any governmental 803agency of the State of the filing of any petition hereunder and of any plan of readjustment, and whenever there shall exist or shall hereafter be created under the law of any State any agency of such State authorized to exercise supervision or control over the fiscal affairs of all or any political subdivisions thereof, and whenever such agency has assumed such supervision or control over any political subdivision, then no petition of such political subdivision may be received hereunder unless accompanied by the written approval of such agency, and no plan of readjustment shall be put into temporary effect or finally confirmed without the written approval of such agency of such plans. “(l) If any provision of this chapter, or the application thereof

Saving provisions.

to any person or circumstances, is held invalid, the remainder of the chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby.”

Approved, May 24, 1934.

To authorize the Secretary of War to lend to the housing committee of the United Confederate Veterans two hundred and fifty pyramidal tents, complete; fifteen 16- by 80- by 40-foot assembly tents; thirty 11- by 50- by 15-foot hospital-ward tents; ten thousand blankets, olive drab, numbered 4; five thousand canvas cots; twenty field ranges, numbered 1; ten field bake ovens, to be used at the encampment of the United Confederate Veterans, to be held at Chattanooga, Tennessee, in June 1934. 1934-05-25 347 Chapter 48 Stat. 803 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 347.]

AN ACT To authorize the Secretary of War to lend to the housing committee of the United Confederate Veterans two hundred and fifty pyramidal tents, complete; fifteen 16- by 80- by 40-foot assembly tents; thirty 11- by 50- by 15-foot hospital-ward tents; ten thousand blankets, olive drab, numbered 4; five thousand canvas cots; twenty field ranges, numbered 1; ten field bake ovens, to be used at the encampment of the United Confederate Veterans, to be held at Chattanooga, Tennessee, in June 1934.

May 25, 1934.

[H. R. 9092]

[Public, No. 252]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Confederate Veterans’ encampment, Chattanooga, Tenn.

Loan of tents, etc., to.

of War be, and he is hereby, authorized to lend, at his discretion, to the housing committee of the United Confederate Veterans, whose encampment is to be held at Chattanooga, Tennessee, June 6, 7, and 8, 1934, two hundred and fifty pyramidal tents, complete with all poles, pegs, and other equipment necessary for their erection; fifteen 16- by 80- by 40-foot assembly tents, complete with all their poles, pegs, and equipment necessary for their erection; thirty 11- by 50- by 15-foot hospital-ward tents, complete with all their poles, pegs, and equipment necessary for their erection; twenty field ranges, numbered 1, with necessary equipment for their erection; ten field bake ovens with necessary equipment for their erection; ten thousand blankets, olive drab, numbered 4; five thousand canvas cots; ten officers’ tents complete with all their poles, pegs, and equipment necessary for their erection; nine hundred mess kits, complete; six litters; twenty tent flys with poles for wall tents; and thirty garbage cans: Provided, That no expense shall be caused the United States

Provisos.

No Federal expense.

Government by the delivery and return of said property, the same to be delivered from the nearest quartermaster depot at such time prior to the holding of said encampment as may be agreed upon by the Secretary of War and the chairman of the said housing committee, Mr. Maurice C. Poss: Provided further, That the Secretary

Bond required.

of War, before delivery of such property, shall take from said Maurice C. Poss, chairman of the housing committee of the annual Confederate reunion, a good and sufficient bond for the safe return of said property in good order and condition and the whole without expense to the United States.

Approved, May 25, 1934.

Limiting the operation of sections 109 and 113 of the Criminal Code and section 190 of the Revised Statutes of the United States with respect to counsel in certain proceedings against the Electro Metallurgical Company, New-Kanawha Power Company, and the Union Carbide and Carbon Corporation. 1934-05-25 348 Chapter 48 Stat. 804 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 804 [CHAPTER 348.]

AN ACT Limiting the operation of sections 109 and 113 of the Criminal Code and section 190 of the Revised Statutes of the United States with respect to counsel in certain proceedings against the Electro Metallurgical Company, New-Kanawha Power Company, and the Union Carbide and Carbon Corporation.

May 25, 1934.

[S. 3436]

[Public, No. 253]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Electro Metallurgical Company, New-Kanawha Power Company, and Union Carbide and Carbon Corporation.

Counsel in proceedings against.

Vol. 35, p. 1107, 1109.

U. S. C., p. 474, 475.

That nothing in sections 109 and 113 of an Act entitled “An Act to codify, revise, and amend the penal laws of the United States”, approved March 4, 1909, as amended (U.S.C., title 18, secs. 198 and 203), or in section 190 of the Revised Statutes of the United States (U.S.C., title 5, sec. 99), or in any other Act of Congress forbidding officers or employees or former officers or employees of the United States from acting as counsel, attorney, or agent for another before any court, department, or branch of the Government or from receiving or agreeing to receive compensation therefor, shall be deemed to apply to attorneys or counselors to be specially employed, retained, or appointed by the Attorney General or under authority of the Department of Justice to assist in the prosecution of any case or cases, civil or criminal, to be brought by the United States against the Electro Metallurgical Company, New-Kanawha Power Company, or the Union Carbide and Carbon Corporation, or all or any of said companies and/or their officers or agents, and/or any litigation involving hydroelectric power, navigation, or water rights or claims upon the New and Kanawha Rivers, or either of them, under the

Vol. 41, p. 1063; Vol. 30, p. 1121.

Federal Water Power Act or the River and Harbor Appropriation Act of March 3, 1899, chapter 425, or any other Act or Acts.

Approved, May 25, 1934.

To extend the times for commencing and completing the construction of certain bridges in the State of Oregon. 1934-05-25 349 Chapter 48 Stat. 804 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 349.]

AN ACT To extend the times for commencing and completing the construction of certain bridges in the State of Oregon.

May 25, 1934.

[S. 3114]

[Public, No. 254]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Oregon, bridge construction.

Times for, extended on designated projects.

That the times for commencing and completing the construction of the following bridges, authorized to be built by the State of Oregon, are hereby extended one and three years, respectively, from the date of approval

Umpqua River at Reedsport, Oreg.

Yaquina Bay at Newport.

hereof: (1) Across the Umpqua River, at or near Reedsport, Oregon, authorized by Act of Congress approved June 13, 1933; (2) across Yaquina Bay, at or near Newport, Oregon, authorized by Act of

Coos Bay at North Bend.

Congress approved June 13, 1933; (3) across Coos Bay, at or near North Bend, Oregon, authorized by Act of Congress approved June

Siuslaw River at Florence.

Alsea Bay at Waldport.

Ante, pp. 135–137, 148.

13, 1933; (4) across the Siuslaw River, at or near Florence, Oregon, authorized by Act of Congress approved June 13, 1933; and (5) across Alsea Bay, at or near Waldport, Oregon, authorized by Act of Congress approved June 15, 1933.

Sec. 2.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, May 25, 1934.

To authorize the Federal Radio Commission to purchase and enclose additional land at the radio station near Grand Island, Nebraska. 1934-05-25 350 Chapter 48 Stat. 805 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 805 [CHAPTER 350.]

AN ACT To authorize the Federal Radio Commission to purchase and enclose additional land at the radio station near Grand Island, Nebraska.

May 25, 1934.

[H. R. 9394]

[Public, No. 255]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Federal

Grand Island, Nebr.

Purchase, etc., of land as addition to radio station authorized.

Radio Commission is authorized to purchase an additional tract of land containing approximately ten acres adjacent to that now owned by the United States at Grand Island, Nebraska, and to enclose the same for use in connection with the constant-frequency monitoring station located at said place. There is hereby authorized to be appropriated the sum of $1,200 to carry out the purposes of this Act.

Approved, May 25, 1934.

To provide funds to enable the Secretary of Agriculture to carry out the purposes of the Acts approved April 21, 1934, and April 7, 1934, relating, respectively, to cotton and to cattle and dairy products, and for other purposes. 1934-05-25 351 Chapter 48 Stat. 805 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 351.]

JOINT RESOLUTION To provide funds to enable the Secretary of Agriculture to carry out the purposes of the Acts approved April 21, 1934, and April 7, 1934, relating, respectively, to cotton and to cattle and dairy products, and for other purposes.

May 25, 1934.

[H. J. Res. 345]

[Pub. Res., No. 27]

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

That to enable the

Cotton and cattle and dairy products.

Appropriation to administer certain Acts relating to.

Act regulating cotton industry.

Ante, p. 605.

Secretary of Agriculture to carry out the purposes of the Act entitled “An Act to place the cotton industry on a sound commercial basis, to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, to provide funds for paying additional benefits under the Agricultural Adjustment Act, and for other purposes” (Public, Numbered 169, Seventy-third Congress), approved April 21, 1934, there is hereby appropriated and made available, pursuant to the authorizations contained in the said Act, the funds available for carrying into effect the provisions of the Agricultural Adjustment Act, as amended, which shall be available for administrative and other expenses, and in addition

Tax collections to be added.

thereto, the proceeds derived from the tax levied under said Act of April 21, 1934, are hereby appropriated and made available for the

Ante, p. 605.

purposes for which appropriations are authorized to be made under the provisions of Section 16 (c) of said Act: Provided, That the Secretary

Proviso.

Transfer of funds.

of Agriculture shall transfer to the Treasury Department and is authorized to transfer to other agencies out of funds hereby made available for carrying out said Act of April 21, 1934, such sums as are required to carry out the provisions of said Act, including administrative expenses and refunds of taxes.

To enable the Secretary of Agriculture to carry out the purposes of

Dairy and beef-cattle industries.

Ante, p. 528.

the Act entitled “An Act to amend the Agricultural Adjustment Act so as to include cattle and other products as basic agricultural commodities, and for other purposes” (Public, Numbered 142, Seventy-third Congress), approved April 7, 1934, there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, pursuant to the authorizations contained in sections 2 and 6 of said Act of April 7, 1934, $100,000,009 for the purposes of the Agricultural Adjustment Act, as amended, and $50,000,000 for the purposes specified in section 6 of said Act of April 7, 1934, including

Salaries, etc.

the employment of persons and means in the District of Columbia and elsewhere and other necessary expenses; in all, $150,000,000, to remain available until December 31, 1935.

The sum of $3,000 of the appropriation “Contingent expenses,

House of Representatives.

Folding documents.

Vol. 47, p. 390.

House of Representatives: Folding documents, 1933 (03114)” is continued and made available for the same purposes during the fiscal year 1934.

Approved, May 25, 1934.

To establish a department of physics at the United States Military Academy, West Point, New York. 1934-05-26 353 Chapter 48 Stat. 806 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 806 [CHAPTER 353.]

AN ACT To establish a department of physics at the United States Military Academy, West Point, New York.

May 26, 1934.

[S. 2042]

[Public, No. 256]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

United States Military Academy.

Professor of physics authorized; rank, pay, etc.

That hereafter there is authorized one professor of physics at the United States Military Academy, with the same status, rank, pay, and allowances of other professors at said Military Academy.

Approved, May 26, 1934.

To amend the Longshoremen’s and Harbor Workers’ Compensation Act with respect to rates of compensation, and for other purposes. 1934-05-26 354 Chapter 48 Stat. 806 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 354.]

AN ACT To amend the Longshoremen’s and Harbor Workers’ Compensation Act with respect to rates of compensation, and for other purposes.

May 26, 1934.

[S. 2794]

[Public, No. 257]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Longshoremen’s and Harbor Workers’ Compensation Act amended.

Vol. 44, p. l427; U. S. C., Supp. VII, p. 790.

That subdivision (a) of section 7 of the Longshoremen’s and Harbor Workers’ Compensation Act, as amended, is amended by adding at the end thereof the following new sentence: “If at any time during such period the

Medical services.

Suspension of payments, injured employee refusing treatment.

employee unreasonably refuses to submit to medical or surgical treatment, the deputy commissioner may, by order, suspend the payment of further compensation during such time as such refusal continues, and no compensation shall be paid at any time during the period of such suspension, unless the circumstances justified the refusal.”

Sec. 2.

Compensation for disability.

So much of subdivision (c) of section 8 of such Act, as amended, as precedes paragraph (13) thereof is amended to read as follows: “(c)

Permanent partial disability.

Percentage of average weekly wages in addition to temporary total disability compensation.

Schedule.

Permanent partial disability: In case of disability partial in character but permanent in quality, the compensation shall be 66⅔ per centum of the average weekly wages, which shall be in addition to compensation for temporary total disability paid in accordance with subdivision (b) of this section, and shall be paid to the employee, as follows: “(1) Arm lost, two hundred and eighty weeks’ compensation. “(2) Leg lost, two hundred and forty-eight weeks’ compensation. “(3) Hand lost, two hundred and twelve weeks’ compensation. “(4) Foot lost, one hundred and seventy-three weeks’ compensation. “(5) Eye lost, one hundred and forty weeks’ compensation. “(6) Thumb lost, fifty-one weeks’ compensation. “(7) First finger lost, twenty-eight weeks’ compensation. “(8) Great toe lost, twenty-six weeks’ compensation. “(9) Second finger lost, eighteen weeks’ compensation. “(10) Third finger lost, seventeen weeks’ compensation. “(11) Toe other than great toe lost, eight weeks’ compensation. “(12) Fourth finger lost, seven weeks’ compensation.”

Sec. 3.

Vol. 44, p. 1428.

Paragraph (22) of subdivision (c) of section 8 of such Act, as amended, is amended to read as follows: “(22)

Loss of more than one member, not amounting to permanent total disability.

In any case in which there shall be a loss of, or loss of use of, more than one member or parts of more than one member set forth in paragraphs (1) to. (19) of this subdivision, not amounting to

Compensation.

permanent total disability, the award of compensation shall be for the loss of, or loss of use of, each such member or part thereof, which awards shall run consecutively.”

807

Sec. 4. Subdivision (j) of section 14 of such Act, as amended, is

Payment of compensation.

Vol. 44, p. 1433; U. S. C., Supp. VII, p. 793.

Lump-sum settlements authorized.

amended to read as follows: “(j) Whenever the deputy commissioner determines that it is in the interest of justice, the liability of the employer for compensation, or any part thereof as determined by the deputy commissioner with the approval of the Commission, may be discharged by the payment of a lump sum equal to the present value of future compensation

Computation.

payments commuted, computed at 4 per centum true discount compounded annually. The probability of the death of the injured

Probability of death or remarriage; determination.

employee or other person entitled to compensation before the expiration of the period during which he is entitled to compensation shall be determined in accordance with the American Experience Table of Mortality, and the probability of the remarriage of the surviving wife shall be determined in accordance with the remarriage tables of the Dutch Royal Insurance Institution. The probability of the happening

Other contingencies.

of any other contingency affecting the amount or duration of the compensation shall be disregarded.”

Sec. 5. Section 22 of such Act, as amended, is amended to read as

Vol. 44, p. 1437.

follows: “modification of compensation cases

Modification of compensation cases.

“Sec. 22. Upon his own initiative, or upon the application of any

Review authorized.

Grounds of.

party in interest, on the ground of a change in conditions or because of a mistake in a determination of fact by the deputy commissioner, the deputy commissioner may, at any time prior to one year after

Time limit.

the date of the last payment of compensation, whether or not a compensation

Vol. 44, p. 1435.

New order.

order has been issued, review a compensation case in accordance with the procedure prescribed in respect of claims in section 19, and in accordance with such section issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation. Such new order shall not affect any

Previous payments not affected, exception.

compensation previously paid, except that an award increasing the compensation rate may be made effective from the date of the injury, and if any part of the compensation due or to become due is unpaid, an award decreasing the compensation rate may be made effective from the date of the injury, and any payment made prior thereto in excess of such decreased rate shall be deducted from any unpaid compensation, in such manner and by such method as may be determined by the deputy commissioner with the approval of the commission.”

Approved, May 26, 1934.

To authorize the coinage of 50-cent pieces in commemoration of the two-hundredth anniversary of the birth of Daniel Boone. 1934-05-26 355 Chapter 48 Stat. 807 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 355.]

AN ACT To authorize the coinage of 50-cent pieces in commemoration of the two-hundredth anniversary of the birth of Daniel Boone.

May 26, 1934.

[S. 3355]

[Public, No. 258]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That, in commemoration

Bicentennial of birth of Daniel Boone.

Coinage to commemorate authorized.

Number, etc.

of the two-hundredth anniversary of the birth of Daniel Boone, there shall be coined by the Director of the Mint six hundred thousand 50-cent pieces of standard size, weight, and silver fineness and of a special appropriate design to be fixed by the Director of the Mint, with the approval of the Secretary of the Treasury, to be

Legal tender.

No Federal expense.

legal tender in all payments at face value; but the United States shall not be subject to the expense of making the models or master dies or other preparations for this coinage.

Sec. 2. That the coins herein authorized shall be issued at par and

Issue at par to Daniel Boone Bicentennial Commission.

only upon the request of the secretary of the Daniel Boone Bicentennial Commission.

808

Sec. 3.

Disposal; use of proceeds.

Such coins may be disposed of at par or at a premium by said Commission and all proceeds shall be used in furtherance of the Daniel Boone Bicentennial Commission projects.

Sec. 4.

Coinage laws applicable.

That all laws now in force relating to the subsidiary silver coins of the United States and the coining or striking of the same; regulating and guarding the process of coinage; providing for the purchase of material, and for the transportation, distribution, and redemption of the coins; for the prevention of debasement or counterfeiting; for security of the coin; or for any other purposes, whether said laws are penal or otherwise, shall, so far as applicable, apply to the coinage herein directed.

Approved, May 26, 1934.

For the protection of the municipal water supply of the city of Salt Lake City, State of Utah. 1934-05-26 356 Chapter 48 Stat. 808 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 356.]

AN ACT For the protection of the municipal water supply of the city of Salt Lake City, State of Utah.

May 26, 1934.

[S. 2442]

[Public, No. 259]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Salt Lake City, Utah, water supply.

Surface use of lands by settlers on mining locations within watershed permitted.

That hereafter mining locations made under the United States mining laws upon lands within the municipal watershed of the city of Salt Lake City, within the Wasatch National Forest in the State of Utah, specifically described as follows—

Lands situate in Wasatch National Forest; description.

South half section 22; all of section 23; and sections 25 to 36, inclusive; township 1 south, range 2 east, Salt Lake meridian.

South half of section 30; and sections 31 to 33, inclusive; township 1 south, range 3 east, Salt Lake meridian.

Southeast quarter northeast quarter and east half southeast quarter section 11 south half and south half north half section 12; north half, southeast quarter, east half southwest quarter and northwest quarter southwest quarter section 13; east half northeast quarter and northeast quarter southeast quarter section 14; east half northwest quarter; and east half section 24; southeast quarter section 25, township 2 south, range 1 east, Salt Lake meridian.

All of township 2 south, range 2 east, Salt Lake meridian.

West half section 3; sections 4 to 9; west half and southeast quarter section 10, south half section 14; sections 15 to 23; west half section 24; west half section 25; sections 26 to 35; and west half section 36; township 2 south, range 3 east, Salt Lake meridian.

East half section 1, township 3 south, range 1 east, Salt Lake meridian.

Sections 1 to 18, inclusive; and sections 20 to 24, inclusive; township 3 south, range 2 east, Salt Lake meridian.

Sections 1 to 9, inclusive; north half section 10; and section 18, township 3 south, range 3 east, Salt Lake meridian. shall confer on the locator the right to occupy and use so much of

Mineral and timber rights granted.

the surface of the land covered by the location as may be reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber required by or in the mining operations, and no permit shall be required or charge made for such use

Proviso.

Timber removal.

or occupancy: Provided, however, That the cutting and removal of timber, except where clearing is necessary in connection with mining operations or to provide space for buildings or structures used in connection with mining operations, shall be conducted in accordance with the rules for timber cutting on adjoining national-forest land,

Restriction.

and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining and prospecting 809shall be allowed except under the national-forest rules and regulations, nor shall the locator prevent or obstruct other occupancy of the surface or use of surface resources under authority of national-forest regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development.

Sec. 2. That hereafter all patents issued under the United States

Patents; rights conveyed by.

mining laws affecting the above-mentioned lands within the municipal watershed of the city of Salt Lake City, within the Wasatch National Forest, in the State of Utah, shall convey title to the mineral deposits within the claim, together with the right to cut and remove so much of the mature timber therefrom as may be needed in extracting and removing the mineral deposits, if the timber is cut under sound principles of forest management as defined by the national-forest rules and regulations, but each patent shall reserve to

Surface title reserved.

the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the rules and regulations of the Department of Agriculture.

Sec. 3. That the public lands within the several townships and

Big Cottonwood Canyon.

Certain lands in, set aside for reservoir purposes.

subdivisions thereof hereinafter enumerated, situate in Big Cottonwood Canyon in the county of Salt Lake, State of Utah, are hereby reserved from all forms of location, entry, or appropriation, whether under the mineral or nonmineral land laws of the United States, and set aside as a municipal water supply reservoir site for the use and benefit of the city of Salt Lake City, a municipal corporation of the State of Utah, as follows, to wit: Lands in sections 13 and 14, township 2 south, range 2 east; and sections 7, 17, and 18, township 2 south, range 3 east, Salt Lake meridian, Utah, as shown on reservoir map approved on January 25, 1924, under section 4 of the Act of February 1, 1905 (33 Stat. 628).

Sec. 4. That valid mining claims within the municipal watershed

Existing valid mining claims may be perfected.

of the city of Salt Lake City, within the Wasatch National Forest in the State of Utah, existing on the date of the enactment of this Act, and thereafter maintained in compliance with the law under which they were initiated and the laws of the State of Utah, may be perfected under this Act, or under the laws under which they were initiated, as the claimant may desire.

Approved, May 26, 1934.

To amend section 10 of the Act entitled “An Act extending the homestead laws and providing for right-of-way for railroads in the District of Alaska, and for other purposes”, approved May 14, 1898, as amended. 1934-05-26 357 Chapter 48 Stat. 809 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 357.]

AN ACT To amend section 10 of the Act entitled “An Act extending the homestead laws and providing for right-of-way for railroads in the District of Alaska, and for other purposes”, approved May 14, 1898, as amended.

May 26, 1934.

[H. R. 7306]

[Public, No. 260]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the first

Alaska.

Homestead laws amended.

Vol. 30, p. 413; Vol. 44, p. 1365.

U. S. C., p. 1597; Supp. VII, p. 987. paragraph of section 10 of the Act entitled “An Act extending the homestead laws and providing for right-of-way for railroads in the District of Alaska, and for other purposes”, approved May 14, 1898, as amended (U.S.C., title 48, secs. 461, 462, 463, 464, and 465; U.S.C., Supp. VI, title 48, sec. 461), is amended by inserting after the first proviso in such paragraph as amended, the following:

“Provided further, That any citizen of the United States, after occupying land of the character described as a homestead or headquarters

Homesteader’s right to purchase tract.

, in a habitable house, not less than five months each year 810

Limit of acreage.

for three years, may purchase such tract, not exceeding five acres, in a reasonable compact form, without any showing as to his employment

Price.

or business, upon payment of $2.50 per acre, under rules

Surveys.

and regulations to be prescribed by the Secretary of the Interior, and in such cases surveys may be made without expense to the applicants

Vol. 40, p. 633; Vol. 44, p. 243.

in like manner as the survey of settlement claims under the Act of June 28, 1918 (40 Stat. 632), as amended by section 1 of the Act

Minimum payment.

of April 13, 1926 (44 Stat. 243) : And provided further, That the minimum payment for any such tract shall be $10, and no person

Purchase restriction.

shall be permitted to purchase more than one tract except upon a showing of good faith and necessity satisfactory to the Secretary of the Interior.”

Approved, May 26, 1934.

Granting the consent of Congress to the county of Pierce, a legal subdivision of the State of Washington, to construct, maintain, and operate a toll bridge across Puget Sound, State of Washington, at or near a point commonly known as “The Narrows”. 1934-05-28 363 Chapter 48 Stat. 810 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 363.]

AN ACT Granting the consent of Congress to the county of Pierce, a legal subdivision of the State of Washington, to construct, maintain, and operate a toll bridge across Puget Sound, State of Washington, at or near a point commonly known as “The Narrows”.

May 28, 1934.

[H. R. 9530]

[Public, No. 261]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Puget Sound.

Pierce County, Wash., may bridge at “The Narrows”.

That the consent of Congress is hereby granted to the county of Pierce, a legal subdivision of the State of Washington, to construct, maintain, and operate a bridge and approaches thereto across Puget Sound, State of Washington, at or near a point commonly known as “The Narrows”, at a point suitable to the interests of navigation, in accordance with the provisions of an Act entitled “An Act to regulate the

Construction.

Vol. 34, p. 84.

construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

Sec. 2.

Tolls, if charged, to be adjusted to provide for operation and sinking fund.

To be a free bridge after amortizing cost, etc.

not to exceed thirty years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its

Record of expenses and receipts to be kept.

approaches under economical management. An accurate record of the costs of the bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested.

Sec. 3.

Amendment.

The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, May 28, 1934.

To authorize the Secretary of the Interior to issue patents for lots to Indians within the Indian village of Taholah, on the Quinaielt Indian Reservation, Washington. 1934-05-28 364 Chapter 48 Stat. 811 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 811 [CHAPTER 364.]

AN ACT To authorize the Secretary of the Interior to issue patents for lots to Indians within the Indian village of Taholah, on the Quinaielt Indian Reservation, Washington.

May 28, 1934.

[S. 1882]

[Public, No. 262]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Quinaielt lndian Reservation, Wash.

Patents to Indians of Taholah village.

of the Interior be, and he is hereby, authorized, upon application by any qualified Indian living within the Indian village of Taholah, on the Quinaielt Indian Reservation in the State of Washington, to to ¹¹ So in original. issue to such Indian a patent for not to exceed two contiguous lots within said village, one of which lots must be occupied by said applicant: Provided, That where pursuant to section 10 of the Act

Proviso.

Additional lot to prior patentee.

Vol. 36, p. 858, amended.

of June 25, 1910 (36 Stat. L. 858), one lot within said Indian village has heretofore been patented to any Indian living thereon said Secretary of the Interior is hereby authorized to patent to such Indian, or to his or her heirs in case of death, one additional contiguous lot wherever available. All patents issued hereunder shall be of the legal effect prescribed by said section 10 of the Act of

Legal effect of patents.

June 25, 1910, and all lots so patented to said Indians shall be disposed of as provided for in section 1 of that Act.

Approved, May 28, 1934.

To prohibit the sale of arms or munitions of war in the United States under certain conditions. 1934-05-28 365 Chapter 48 Stat. 811 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 365.]

JOINT RESOLUTION To prohibit the sale of arms or munitions of war in the United States under certain conditions.

May 28, 1934.

[H. J. Res. 347]

[Pub. Res., No. 28]

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

That if the President finds

Sale of war material in United States.

President by proclamation may prohibit.

Consultation and cooperation with other American Republics.

that the prohibition of the sale of arms and munitions of war in the United States to those countries now engaged in armed conflict in the Chaco may contribute to the reestablishment of peace between those countries, and if after consultation with the governments of other American Republics and with their cooperation, as well as that of such other governments as he may deem necessary, he makes proclamation to that effect, it shall be unlawful to sell, except under such limitations and exceptions as the President prescribes, any arms or munitions of war in any place in the United States to the countries now engaged in that armed conflict, or to any person, company, or association acting in the interest of either country, until otherwise ordered by the President or by Congress.

Sec. 2. Whoever sells any arms or munitions of war in violation

Punishment for violation.

of section 1 shall, on conviction, be punished by a fine not exceeding $10,000 or by imprisonment not exceeding two years, or both.

Approved, May 28, 1934.

To regulate the distribution, promotion, retirement, and discharge of commissioned officers of the Marine Corps, and for other purposes. 1934-05-29 367 Chapter 48 Stat. 811 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 367.]

AN ACT To regulate the distribution, promotion, retirement, and discharge of commissioned officers of the Marine Corps, and for other purposes.

May 29, 1934.

[H. R. 6803]

[Public, No. 263]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That hereafter

Marine Corps, commissioned officers.

Distribution, promotion, etc.

commissioned officers of the Marine Corps shall be distributed in grades, promoted, retired, and discharged in like manner and with 812the same relative conditions in all respects as are provided for commissioned

Navy system to apply.

officers of the line of the Navy, by existing law, or by laws hereafter enacted, except as may be necessary to adapt the said provisions to the Marine Corps, or as herein otherwise provided.

Sec. 2.

Distribution of general officers.

That of the authorized number of commissioned officers above the grade of colonel, one shall be the Major General Commandant, two thirds shall be brigadier generals, and the remainder shall be major generals.

Sec. 3.

Heads of staff departments to be brigadier generals, while so serving.

That the heads of staff departments shall be general officers while so serving, in addition to the number of general officers otherwise herein provided, with the rank, pay, and allowances of brigadier generals. They shall be carried in the grades or ranks from which appointed.

Sec. 4.

Major general.

Vol. 40, p. 715.

That promotion to major general of the line shall be from brigadier generals of the line.

Sec. 5.

General officers of the line computed as grade above colonel.

That in computing the number of colonels to be recommended for promotion or to be designated for retention on the active list the general officers of the line shall be considered as constituting the grade next above that of colonel.

Sec. 6.

Computation of commissioned service.

That commissioned service of officers for the purpose of this Act shall consist of all commissioned service on the active list of the Marine Corps, whether under a temporary or permanent appointment, and all commissioned service on active duty in the Marine Corps Reserve and the National Naval Volunteers.

Sec. 7.

Selection boards; composition and procedure.

That selection boards shall consist of not less than six officers on the active list of the Marine Corps, the composition and procedure of the boards to be determined by the Secretary of the

Proviso.

Recommendation for advancement.

Navy: Provided, That no officer shall be recommended for advancement unless he shall have received the recommendation of not less than two thirds of the members of the board.

Sec. 8.

Selection not jeopardized by staff, etc., duty.

That administrative staff duty performed by any officer under appointment or detail, and duty in aviation, or in any technical specialty, shall be given weight by the selection board in determining his fitness for promotion equal to that given to line duty equally well performed.

Sec. 9.

Physical fitness.

R. S., sec. 1493, p. 258; U. S. C., p. 1129.

Disqualification by wounds.

R. S., sec. 1494, p. 258;

U. S. C., p. 1129.

That section 1493, Revised Statutes (U.S.C., title 34, sec. 665), is so far amended in its application to the Marine Corps as to require that no officer shall be promoted to a higher grade, excepting in the case provided in section 1494, Revised Statutes (U.S.C., title 34, sec. 666), until he has been examined by a board of Naval medical officers and pronounced physically fit to perform all his duties at sea and in the field.

Sec. 10.

Sea service requirement not applicable.

Promotion regardless of length of service in grade.

That the requirement of sea service in grade shall not apply to promotion of officers of the Marine Corps; and officers in the upper four sevenths of the grades below brigadier general, subject to selection as established by the first section of this Act, shall be eligible for consideration by selection boards and for promotion

Proviso.

No officer completing sufficient service ineligible until once considered by board.

without regard to length of service in grade: Provided, That no officer of the Marine Corps shall be ineligible for consideration for promotion by reason of completion of length of commissioned service until he shall have been once considered by a selection board.

Sec. 11.

Staff eligible list.

Consideration of names on, by subsequent board forbidden.

That an officer whose name is placed on an eligible list for appointment as head of a staff department shall not be again considered for that office by any subsequent selection board, except as otherwise provided in this section, and shall, in respect to involuntary retirement, be in the same status as if on a promotion list:

Proviso.

Removal of name.

Provided, That the Secretary of the Navy may, in his discretion, with the approval of the President, remove his name from such list 813and submit it to the next ensuing selection board for consideration and recommendation. If recommended for appointment by said

Replaced, if recommended for appointment.

board and approved by the President, the name of such officer shall be replaced on the eligible list from which removed without prejudice by reason of its having been temporarily removed therefrom. If

Involuntary retirement.

not recommended by said board, such officer shall be subject to involuntary retirement under the same conditions as provided for in the case of an officer whose name is not on a promotion list.

Sec. 12. That for the purposes of distribution and promotion in the

“Grade” and “rank” synonymous.

Marine Corps grade and rank shall be considered as meaning the same.

Sec. 13. That the Major General Commandant shall be appointed

Major General Commandant, appointment.

as now provided by law.

Sec. 14. That the selection board recommending colonels for promotion shall recommend the number of officers of the rank of colonel

Heads of staff departments.

Preparing eligible lists for appointments.

directed by the Secretary of the Navy for appointment as head of each staff department, and the names of officers so recommended, approved by the President, shall be placed on an eligible list for such appointment, one list for each department. As vacancies occur

Filling vacancies.

hereafter, heads of staff departments shall be appointed for four years from officers whose names appear on the eligible lists for the respective departments.

Sec. 15. That section 7 of the Act of March 4, 1925 (43 Stat. L.

Repeal provisions.

Vol. 43, p. 1272.

U. S. C., p. 1128.

Exception.

1272; U.S.C., title 34, secs. 624, 630, 663, 669, and 684), and all other laws and parts of laws, insofar as the same are inconsistent with, or in conflict with the provisions of this Act, are, except as they apply to officers heretofore, retired thereunder, hereby repealed.

Sec. 16. That officers of the Marine Corps in the ranks or grades

Nonselection not to subject lieutenant colonel and major to involuntary retirement.

of lieutenant colonel and major shall not be retired because of not being on a promotion list or on an eligible list for appointment as head of a staff department, and shall be eligible for consideration for

Eligibility for consideration.

promotion by selection boards without regard to completion of twenty-eight and twenty-one years’ commissioned service, respectively. Upon promotion or advancement after the approval of this

Pay and allowances upon promotions after effective date.

Act, with the exception of the Major General Commandant, heads of staff departments with the rank of brigadier general, an officer of the Marine Corps who may be appointed as Judge Advocate General of the Navy, and commissioned warrant officers, which officers shall receive the pay and allowances provided by law for their rank, commissioned officers of the Marine Corps shall receive the pay and allowances of the grade or rank from which promoted or advanced: Provided, That officers in the grades or ranks stated shall receive the

Proviso.

Pay, etc., on attaining line number.

pay and allowances of the grades or ranks in which serving upon attaining the number on the lineal lists of such grades or ranks, as follows: Major general, two (excluding the Major General Commandant); brigadier general, six; colonel, thirty-five (common list) ; lieutenant colonel, thirty-eight (common list); major, eighty; captain, two hundred and fifty-six; first lieutenant, two hundred and twenty-four.

Sec. 17. Section 4 of the Act approved February 28, 1925 (43

Naval Reserve or Marine Corps Reserve.

Minimum age for enlistment.

Vol. 43, p. 1081.

U. S. C., p. 1133.

Stat. L. 1081; U.S.C., title 34, sec. 753), as amended, is hereby amended to the extent that, hereafter, the minimum age limit for enlistment in the Naval Reserve or the Marine Corps Reserve shall be the same as that for enlistment in the Regular Navy,

Approved, May 29, 1934.

To provide for promotion by selection in the line of the Navy in the grades of lieutenant commander and lieutenant; to authorize appointment as ensigns in the line of the Navy all midshipmen who hereafter graduate from the Naval Academy; and for other purposes. 1934-05-29 368 Chapter 48 Stat. 814 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public 814 [CHAPTER 368.]

AN ACT To provide for promotion by selection in the line of the Navy in the grades of lieutenant commander and lieutenant; to authorize appointment as ensigns in the line of the Navy all midshipmen who hereafter graduate from the Naval Academy; and for other purposes.

May 29, 1934.

[H. R. 9068]

[Public, No. 264]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Navy, promotion by selection in the line.

Vol. 39, p. 578; U. S. C., p. 1110.

That except as otherwise provided in this Act, the provisions of existing law with reference to promotion by selection in the line of the Navy and the retirement of officers who are not on the promotion list or who are found not professionally qualified are hereby extended to include

Lieutenant commander and lieutenant grades.

Retirement of lieutenants and lieutenants (junior grade).

Promotion list to be furnished selection board.

and authorize promotion to the grades of lieutenant commander and lieutenant, and the retirement of lieutenants and lieutenants (junior grade). The number to be recommended for promotion to each such grade and to be placed upon the promotion list shall be furnished the selection board for that grade by the Secretary of the Navy and shall be the number of existing vacancies in the grade concerned plus such additional number, if any, as the needs of the service may require.

Sec. 2.

Junior lieutenant, service requirement for promotion.

That lieutenants (junior grade) who on June 30 of the year of the convening of the board shall have had three years’ service in the grade of junior lieutenant shall be eligible for consideration for selection for promotion to the next higher grade.

Sec. 3.

Recommendation board.

Composition.

That the board for the recommendation of line officers for promotion to the grades of lieutenant commander and lieutenant shall consist of nine officers on the active list of the line of the Navy above the rank of commander, not restricted by law to the performance of shore duty only, at least one of whom shall be a rear admiral.

Sec. 4.

Selection for promotion, grades below lieutenant commander.

Vol. 46, p. 1483; U. S. C., Supp. VII, p. 803.

Service requirements modified.

Provisos.

Ineligibility provisions.

Involuntary transfers to retired lists.

Vol. 46, p. 1483; U. S. C., Supp. VII, p. 806.

That for the purpose of extending section 3 of the Act of March 3, 1931 (46 Stat. 1483; U.S.C., Supp. VII, title 34, sec. 286a), to officers below the rank of lieutenant commander, the said section is amended so that the length of service therein prescribed shall be fourteen years for lieutenants and seven years for lieutenants (junior grade) : Provided, That no officer of said rank shall become so ineligible prior to June 30 of the second calendar year following the date of this Act: And provided further, That the restriction on the number of involuntary transfers in any fiscal year to the retired list prescribed in section 7 of the Act of March 3, 1931 (46 Stat. 1484; U.S.C., Supp. VII, title 34, sec. 286e), shall not apply to the grade of lieutenant and lieutenant (junior grade).

Sec. 5.

Naval Academy graduates.

Vol. 47, p. 149; U. S. C., Supp. VII, p. 801.

That section 1 of the Act approved May 6, 1932 (47 Stat. 149; U.S.C., Supp. VII, title 34, sec. 12), is hereby amended by inserting the words “in 1934 and hereafter” after the words “midshipmen who”, and the words “Provided, That all former midshipmen graduated in 1933 who received a certificate of graduation and honorable discharge and whether they have since been married or not may, upon their own application, if physically qualified, and under such regulations as the Secretary of the Navy may prescribe, be appointed as ensigns prior to August 1, 1934, by the President and shall take rank next after the junior ensign appointed in 1933 and among themselves in accordance with their proficiency as shown by the order of merit at date of graduation: And provided further” after the words “Naval Academy” and by striking out “in 1932, and at least 50 per centum of all graduates in subsequent years: Provided”, so that as amended the said section will read as follows:

“

Appointment of midshipmen as ensigns.

That the President of the United States is authorized, by and with the advice and consent of the Senate, to appoint as ensigns in the line of the Navy all midshipmen who in 1934 and hereafter

Provisos.

graduate from the Naval Academy: Provided, That all former mid-815shipmen graduated in 1933 who received a certificate of graduation

Class of 1933.

and honorable discharge and whether they have since been married or not may, upon their own application, if physically qualified, and under such regulations as the Secretary of the Navy may prescribe, be appointed as ensigns prior to August 1, 1934, by the President and shall take rank next after the junior ensign appointed in 1933 and among themselves in accordance with their proficiency as shown by the order of merit at date of graduation: And provided further, That the number of such officers so appointed shall, while in excess

Excess to be carried as extra numbers, etc.

of the total number of line officers otherwise authorized by law, be considered in excess of the number of officers in the grade of ensign as determined by any computation, and shall be excluded from any computation made for the purpose of determining the authorized number of line officers in any grade on the active list above the grade of lieutenant (junior grade) until the total number of line officers shall have been reduced below the number otherwise authorized by law.”

Sec. 6. That hereafter any staff officer on the active list below the

Equalization of promotions, staff with line officers.

rank of lieutenant commander shall be advanced to the next higher rank in his corps when the running mate of such staff officer or an officer junior to such running mate has been promoted to that higher rank in the line of the Navy or when a vacancy in that rank exists in the line of the Navy which will in due course be filled by the promotion of his running mate or an officer junior to his running mate: Provided, That such staff officer is found qualified in accordance

Proviso.

Qualification requirements.

with law for such advancement. The provisions of law relating to the advancement of staff officers now embodied in sections 255, 321,

U. S. C., Supp. VII, p. 802.

and 348r (Supplement VII), of title 34, United States Code, are hereby amended in accordance with this section.

Approved, May 29, 1934.

To provide for the donation of certain Army equipment to posts of the American Legion. 1934-05-29 369 Chapter 48 Stat. 815 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 369.]

AN ACT To provide for the donation of certain Army equipment to posts of the American Legion.

May 29, 1934.

[S. 1328]

[Public, No. 265]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

American Legion. Obsolete Army equipment donated to.

of War is authorized and directed to give to each post of the American Legion to which obsolete or condemned Army rifles, slings, or cartridge belts have been loaned under authority of the Act entitled “An Act authorizing the Secretary of War to loan Army rifles to

Vol. 41, pp. 403, 977.

posts of the American Legion”, approved February 10, 1920, as amended, any such equipment now held by such post, and to cancel and release all obligations to the United States incurred pursuant to such Act in connection with loans of such equipment to posts of the American Legion.

Approved, May 29, 1934.

To amend the laws relating to the length of tours of duty in the Tropics and certain foreign stations in the case of officers and enlisted men of the Army, Navy, and Marine Corps, and for other purposes. 1934-05-29 370 Chapter 48 Stat. 815 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 370.]

AN ACT To amend the laws relating to the length of tours of duty in the Tropics and certain foreign stations in the case of officers and enlisted men of the Army, Navy, and Marine Corps, and for other purposes.

May 29, 1934.

[S. 3397]

[Public, No. 266]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 12

Foreign assignments of Army, etc., officers.

Provision concerning permanent duty at certain foreign stations repealed.

(requiring assignments of officers of the Army, Navy, or Marine Corps to permanent duty in the Tropics and at certain foreign stations to be for not less than three years) of the Treasury and Post 816

Vol. 47, p. 1516. U.S.C., Supp. VII, p. 97.

Office Appropriation Act, fiscal year 1934, approved March 3, 1933 (U.S.C., Supp. VII, title 10, sec. 17a), is hereby repealed.

Sec. 2.

Tour of duty restrictions extended to Asia, certain insular possessions, and Canal Zone.

Vol. 38, p. 1078.

The second and third provisos in the paragraph with the heading “Barracks and Quarters, Philippine Islands” in the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1916”, approved March

U. S. C., Supp. VII, p. 97.

4, 1915 (U.S.C., Supp. VII, title 10, sec. 17), are hereby amended to read as follows: “No officer or enlisted man of the Army shall, except upon his own request, be required to serve in a single tour of duty for more than two years in the Philippine Islands, on the Asiatic Station, or in China, Hawaii, Puerto Rico, or the Panama Canal Zone, except in case of insurrection or of actual or threatened hostilities and except in the discretion of the Secretary of War for

Proviso.

Philippine Scouts not affected.

temporary emergencies: Provided, That the foregoing provision shall not apply to the organization known as the ‘Philippine Scouts’”.

Approved, May 29, 1934.

To provide for the establishment of the Everglades National Park in the State of Florida and for other purposes. 1934-05-30 371 Chapter 48 Stat. 816 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 371.]

AN ACT To provide for the establishment of the Everglades National Park in the State of Florida and for other purposes.

May 30, 1934.

[H. R. 2837]

[Public, No. 267]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Everglades National Park, Fla.

Establishment, when title to lands is vested in United States.

Area, location, etc.

That when title to all the lands within boundaries to be determined by the Secretary of the Interior within the area of approximately two thousand square miles in the region of the Everglades of Dade, Monroe, and Collier Counties, in the State of Florida, recommended by said Secretary, in his report to Congress of December 3, 1930, pursuant

Vol. 45, p. 1443.

to the Act of March 1, 1929 (45 Stat., pt. 1, p. 1443), shall have been vested in the United States, said lands shall be, and are hereby, established, dedicated, and set apart as a public park for the benefit and enjoyment of the people and shall be known as the Everglades

Proviso.

Lands secured only by donation.

National Park: Provided, That the United States shall not purchase by appropriation of public moneys any land within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.

Sec. 2.

Acceptance of title.

The Secretary of the Interior is hereby authorized, in his discretion and upon submission of evidence of title satisfactory to him, to accept on behalf of the United States, title to the lands referred to in the previous section hereof as may be deemed by him

Proviso.

Restriction, until exclusive jurisdiction over entire area is ceded.

necessary or desirable for national-park purposes: Provided, That no land for said park shall be accepted until exclusive jurisdiction over the entire park area, in form satisfactory to the Secretary of the Interior, shall have been ceded by the State of Florida to the United States.

Sec. 3.

National Park Service to administer, etc.

The administration, protection, and development of the aforesaid park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the

Vol. 39, p. 535.

provisions of the Act of August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,

Provisos.

Water Power Act not applicable.

Vol. 41, p. 1063.

Rights of Indians.

as amended: Provided, That the provisions of the Act approved June 10, 1920, known as the Federal Water Power Act, shall not apply to this park: Provided further, That nothing in this Act shall be construed to lessen any existing rights of the Seminole Indians which are not in conflict with the purposes for which the 817Everglades National Park is created: And provided further, That

No Federal expense for first 5 years.

the United States shall not expend any public moneys for the administration, protection, or development of the aforesaid park within a period of five years from the date of approval of this Act.

Sec. 4.

Permanently reserved as a wilderness.

The said area or areas shall be permanently reserved as a wilderness, and no development of the project or plan for the entertainment of visitors shall be undertaken which will interfere with the preservation intact of the unique flora and fauna and the essential primitive natural conditions now prevailing in this area.

Approved, May 30, 1934.

Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1935, and for other purposes. 1934-05-30 372 Chapter 48 Stat. 817 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 372.]

AN ACT Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1935, and for other purposes.

May 30, 1934.

[H. R. 8617]

[Public, No. 268]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the following

Legislative appropriations for fiscal year 1935.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch of the Government for the fiscal year ending June 30, 1935, namely:

SENATE

Senate.

salaries and mileage of senators

Senators.

For compensation of Senators, $864,000.

Compensation.

For mileage of Senators, $38,250.

Mileage.

For compensation of officers, clerks, messengers, and others:

Officers, clerks, messengers, etc.

office of the vice president

Vice President’s office.

Salaries: Secretary to the Vice President, $4,620; clerk, $2,400;

Secretary to, and clerks.

assistant clerks—one $2,280, one $2,160; in all, not to exceed $10,314. chaplain

Chaplain.

Chaplain of the Senate, $1,512. office of the secretary

Secretary’s office.

Salaries: Secretary of the Senate, including compensation as disbursing

Secretary, assistants, clerks, etc.

officer of salaries of Senators and of contingent fund of the Senate, $8,000; chief clerk, who shall perform the duties of reading clerk, $5,500 and $1,000 additional so long as the position is held by the present incumbent; financial clerk, $5,000 and $2,000 additional so long as the position is held by the present incumbent; assistant financial clerk, $4,200; minute and Journal clerk, $5,000 and $1,000 additional so long as the position is held by the present incumbent; principal clerk, $3,600; legislative clerk, $4,000 and $1,000 additional so long as the position is held by the present incumbent; enrolling clerk, $4,000 and $1,000 additional so long as the position is held by the present incumbent; printing clerk, $3,540; chief bookkeeper, $3,600; librarian, $3,360; executive clerk, and assistant Journal clerk, at $3,180 each; first assistant librarian, and keeper of stationery, at $3,120 each; assistant librarian, and assistant keeper of stationery, at $2,400 each; clerks—one at $2,880 and $300 additional so long as the position is held by the present incumbent, three at $2,880 each, two at $2,640 each, one at $2,400, four at $2,040 each, two at $1,740 each; messenger in library, $1,380; special officer, 818$2,460; assistant in library, $1,740; laborers—one at $1,620, five at $1,380 each, one in secretary’s office, $1,680; in all, not to exceed $108,108.

Document room.

document room

Superintendent, etc.

Salaries: Superintendent, $3,960; first assistant, $3,360; second assistant, $2,400; four assistants, at $1,860 each; skilled laborer, $1,380 in all, not to exceed $16,686. committee employees

Committee employees.

Clerks and messengers.

Clerks and messengers to the following committees: Agriculture and Forestry—clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,580; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Appropriations—clerk, $7,000 and $1,000 additional so long as the position is held by the present incumbent; assistant clerk, $4,200; assistant clerk $3,900; three assistant clerks at $3,000 each; two assistant clerks at $2,220 each; messenger, $1,800. To Audit and Control the Contingent Expenses of the Senate—clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Banking and Currency—clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,400; assistant clerk, $2,220. Civil Service—clerk, $3,900; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Claims—clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,580; two assistant clerks at $2,220 each. Commerce—clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,580; assistant clerk, $2,400; assistant clerk, $2,220. Conference Majority of the Senate—clerk, $3,900; assistant clerk, $2,880; two assistant clerks at $2,580 each; assistant clerk, $2,220. Conference Minority of the Senate—clerk, $3,900; assistant clerk, $2,880; two assistant clerks at $2,580 each; assistant clerk, $2,220. District of Columbia—clerk, $3,900; two assistant clerks at $2,880 each; assistant clerk, $2,220; additional clerk, $1,800. Education and Labor—clerk, $3,900; assistant clerk, $2,580; assistant clerk, $2,220; additional clerk, $1,800. Enrolled Bills—clerk, $3,900; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Expenditures in the Executive Departments—clerk, $3,900; assistant clerk, $2,580; assistant clerk, $2,220; additional clerk, $1,800. Finance— clerk, $4,200; special assistant to the committee, $3,600; assistant clerk, $2,880; assistant clerk, $2,700; assistant clerk, $2,400; two assistant clerks at $2,220 each; two experts (one for majority and one for the minority) at $3,600 each; messenger, $1,800. Foreign relations—clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,580; assistant clerk, $2,220; additional clerk, $1,800; messenger, $1,800. Immigration—clerk, $3,900; assistant clerk, $2,580; assistant clerk, $2,220; additional clerk, $1,800. Indian Affairs—clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Interoceanic Canals—clerk, $3,900; assistant clerk, $2,580; assistant clerk, $2,220; additional clerk, $1,800. Interstate Commerce—clerk, $3,900; assistant clerk, $3,600; assistant clerk, $2,880; two assistant clerks at $2,580 each; assistant clerk, $2,220. Irrigation and Reclamation—clerk, $3,900; assistant clerk, $2,580; assistant clerk, $2,220; two additional clerks at $1,800 each. Judiciary—clerk, $3,900; assistant clerk, $2,880; two assistant clerks at $2,580 each; assistant clerk, $2,220. Library—clerk, $3,900; two assistant clerks, at $2,400 each; assistant clerk, $2,220; additional clerk, $1,800. Manufactures—clerk, $3,900; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Military Affairs— clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,580; assistant 819clerk, $2,400; two assistant clerks at $2,220 each. Mines and Mining— clerk, $3,900; assistant clerk, $2,400; assistant clerk, $2,220; two additional clerks, at $1,800 each. Naval Affairs—clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,400; two assistant clerks at $2,220 each. Patents—clerk, $3,900; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Pensions—clerk, $3,900; assistant clerk, $2,580; four assistant clerks at $2,220 each. Post Offices and Post Roads—clerk, $3,900; assistant clerk, $2,880; three assistant clerks at $2,220 each; additional clerk, $1,800. Printing— clerk, $3,900; assistant clerk, $2,580; assistant clerk, $2,220; additional clerk, $1,800. Privileges and Elections—clerk, $3,900; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Public Buildings and Grounds—clerk, $3,900; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Public Lands and Surveys—clerk, $3,900; assistant clerk, $2,880; assistant clerk, $2,580; two assistant clerks at $2,220 each. Revision of the Laws—clerk, $3,900; assistant clerk, $2,400; assistant clerk, $2,220; additional clerk, $1,800. Rules—clerk, $3,900 and $200 toward the preparation

Preparing Senate Manual.

biennially of the Senate Manual under the direction of the Committee on Rules; assistant clerk, $2,880; assistant clerk, $2,580; assistant clerk, $2,220; additional clerk, $1,800. Territories and Insular Possessions—clerk, $3,900; assistant clerk, $2,580; assistant clerk, $2,220; assistant clerk, $2,000; additional clerk, $1,800; in all, not to exceed $443,880. clerical assistance to senators

Clerical assistance to Senators.

Clerical assistance to Senators who are not chairmen of the committees

Allowance to Senators not chairmen of specified committees.

specifically provided for herein, as follows: Seventy clerks at $3,900 each; seventy assistant clerks at $2,400 each; and seventy assistant clerks at $2,220 each; such clerks and assistant clerks shall be ex officio clerks and assistant clerks of any committee of which

Ex-officio clerks of committees.

their Senator is chairman; seventy additional clerks at $1,800 each, one for each Senator having no more than one clerk and two assistant clerks for himself or for the committee of which he is chairman; messenger, $1,800; in all not to exceed $651,780. office of sergeant at arms and doorkeeper

Office of Sergeant at Arms, etc.

Salaries: Sergeant at Arms and Doorkeeper, $8,000; two secretaries

Sergeant at Arms and Doorkeeper, secretaries, etc.

(one for the majority and one for the minority), at $5,400 each; two assistant secretaries (one for the majority and one for the minority), at $4,320 each; Deputy Sergeant at Arms and storekeeper, $4,440; clerks—one, $2,640, one at $1,800 from April 1,

Clerks, messengers, etc.

1934, to June 30, 1935, both dates inclusive, $2,250, three at $1,800 each; messengers—three (acting as assistant doorkeepers, including one for the minority), at $2,400 each, thirty (including two for minority), at $1,740 each, four, at $1,620 each, one at card door, $2,400, and $480 additional so long as the position is held by the present incumbent; two special messengers, at $1,800 each; clerk on journal work for Congressional Record to be selected by the official reporters, $3,360; upholsterer and locksmith, $2,400; cabinetmaker, $2,040; three carpenters, at $2,040 each; janitor, $2,040; five skilled laborers, $1,680 each; laborer in charge of private passage,

Laborers, etc.

$1,680; three female attendants in charge of ladies’ retiring rooms, at $1,500 each; three attendants to women’s toilet rooms, Senate Office Building, at $1,500 each; telephone operators—chief, $2,460, eleven, at $1,560 each; laborer in charge of Senate toilet rooms in old library space, $1,200; press gallery—superintendent, $3,660; assistant

Superintendent, press gallery.

superintendent, $2,520; messengers for service to press correspondents—one, $1,920, one, $1,440; laborers—three, at $1,320 each; 820twenty-five, at $1,260 each; special employees—six, at $1,000 each;

Pages.

twenty-one pages for the Senate Chamber, at the rate of $4 per day each, during the session, $13,680; in all, not to exceed $212,934.

Police, Senate Office Building.

Police force for Senate Office Building under the Sergeant at Arms: Special officer, $1,740; thirty-one privates at $1,620 each; in all, not to exceed $46,764.

Post Office.

post office

Postmaster, assistant, etc.

Salaries: Postmaster, $3,060; assistant postmaster, $2,880; chief clerk, $2,460; wagon master, $2,040; twenty mail carriers, at $1,620 each; in all, not to exceed $38,556.

Folding Room.

folding room

Salaries.

Salaries: Foreman, $2,460; assistant, $2,160; clerk, $1,740; folders—chief, $2,040, fourteen at $1,440 each; in all, not to exceed $25,704.

Legislative Pay Act of 1929 amended.

Vol. 46, p. 32.

The provisions of the Legislative Pay Act of 1929 are hereby amended so as to correspond with the changes made by this Act in the designations and rates of salary of certain positions under the Senate.

Contingent expenses.

contingent expenses of the senate

Automobile for Vice President.

For purchase, exchange, driving, maintenance, and operation of an automobile for the Vice President. $9,000, of which $5,000 shall be immediately available.

Reporting debates, etc.

For reporting the debates and proceedings of the Senate, payable in equal monthly installments, $57,323.

Furniture, cleaning, repairing, etc.

For services in cleaning, repairing, and varnishing furniture, $2,000.

Inquiries and investigations.

For expenses of inquiries and investigations ordered by the Senate, including compensation to stenographers of committees, at such rate as may be fixed by the Committee to Audit and Control the Contingent Expenses of the Senate, but not exceeding 25 cents per

Provisos.

Salary restriction.

hundred words, $118,955: Provided, That no part of this appropriation shall be expended for services, personal, professional, or otherwise, in excess of the rate of $3,600 per annum: Provided further,

Per diem and subsistence.

Vol. 44, p. 688.

U. S. C., Supp. VII, p. 53.

That no part of this appropriation shall be expended for per diem and subsistence expenses except in accordance with the provisions of the Subsistence Expense Act of 1926, approved June 3, 1926, as amended.

Joint Committee on Internal Revenue Taxation.

One half expenses.

For payment of one half of the salaries and other expenses of the Joint Committee on Internal Revenue Taxation as authorized by law, $25,500.

Folding, etc.

For folding speeches and pamphlets, at a rate not exceeding $1 per thousand, $10,000.

Fuel, oil, advertising, etc.

For fuel, oil, cotton waste, and advertising, exclusive of labor, $2,000.

Senate kitchens and restaurants.

For repairs, improvements, equipment, and supplies for Senate kitchens and restaurants, Capitol Building and Senate Office Building, including personal and other services, to be expended from the contingent fund of the Senate, under the supervision of the Committee on Rules, United States Senate, fiscal year 1934, $35,000.

Operation restriction.

No part of any appropriation contained in this Act, except the appropriation made herein for the Senate kitchens and restaurants for the fiscal year 1934, and except the appropriations available for heated and lighted space and janitor service for restaurants and kitchens, shall be used for the operation of any restaurant.

821

For maintaining, exchanging, and equipping motor vehicles for

Vehicles, etc.

carrying the mails and for official use of the offices of the Secretary and Sergeant at Arms, $7,780.

For materials for folding, $1,500.

Materials for folding.

For miscellaneous items, exclusive of labor, $187,345, of which

Miscellaneous items.

$90,000 shall be for the fiscal year 1934.

For packing boxes, $970.

Packing boxes.

Postage stamps: For office of Secretary, $250; office of Sergeant

Postage stamps.

at Arms, $100; in all, $350.

For the purchase of furniture, $5,000.

Furniture, purchase, etc.

For materials for furniture and repairs of same, exclusive of labor, $3,000.

For stationery for Senators for the first session of the Seventy-fourth

Stationery.

Congress and for the President of the Senate, including $7,360 for stationery for committees and officers of the Senate, $19,500.

For rent of warehouse for storage of public documents, $2,000.

Warehouse.

HOUSE OF REPRESENTATIVES

House of Representatives.

salaries and mileage of members

Members.

For compensation of Members of the House of Representatives,

Pay of Members, Delegates, and Resident Commissioners.

Delegates from Territories, the Resident Commissioner from Puerto Rico, and the Resident Commissioners from the Philippine Islands, $3,964,500.

For mileage of Representatives, the Delegate from Hawaii, and

Mileage.

the Resident Commissioner from Puerto Rico, and for expenses of the Delegate from Alaska and the Resident Commissioners from the Philippine Islands, $131,250.

For compensation of officers, clerks, messengers, and others:

Officers, clerks, messengers, etc.

office of the speaker

Speaker’s office.

Salaries: Secretary to the Speaker, $4,620; clerk to Speaker,

Secretary, etc.

$2,400; clerk to Speaker, $1,440; messenger to Speaker, $1,680; in all not to exceed $9,126. the speaker’s table

Speaker’s table.

Salaries: Parliamentarian, $4,500, and for preparing Digest of the

Parliamentarian, assistant, etc.

Rules, $1,000 per annum; Assistant Parliamentarian, $2,760; messenger to Speaker’s Table, $1,740; in all not to exceed $9,000. chaplain

Chaplain.

Chaplain of the House of Representatives, $1,512. office of the clerk

Clerk’s office.

Salaries: Clerk of the House of Representatives, including compensation

Clerk of the House, clerks, etc.

as disbursing officer of the contingent fund, $8,000; Journal clerk, two reading clerks, and tally clerk, at $5,000 each; enrolling clerk, $4,000 ; disbursing clerk, $3,960; file clerk, $3,780; chief bill clerk, $3,540; assistant enrolling clerk, $3,180; assistant to disbursing clerk, $3,120; stationery clerk, $2,880; librarian, $2,760; assistant librarian, and assistant file clerk, at $2,520 each; assistant Journal clerk, and assistant librarian, at $2,460 each; clerks—one $2,460, three at $2,340 each; bookkeeper, and assistant in disbursing office, at $2,160 each; four assistants to chief bill clerk at $2,100 each; stenographer to the Clerk, $1,980; assistant in stationery room, $1,740; three messengers at $1,680 each; stenographer to Journal 822clerk, $1,560; laborers—three at $1,440 each, nine at $1,260 each; telephone operators—assistant chief, $1,620, twenty-one at $1,560 each; substitute telephone operator, when required, at $4 per day, $1,460; property custodian and superintendent of furniture and repair shop, who shall be a skilled cabinetmaker or upholsterer and experienced in the construction and purchase of furniture, $3,960; two assistant custodians at $3,360 each; locksmith and typewriter repairer, $1,860; messenger and clock repairer, $1,740; operation, maintenance, and repair of motor vehicles, $1,200; in all not to exceed $148,332.

Committee employees.

committee employees

Clerks, messengers, and janitors.

Clerks, messengers, and janitors to the following committees: Accounts—clerk, $3,300; assistant clerk, $2,460; janitor, $1,560. Agriculture—clerk, $3,300; assistant clerk, $2,460; janitor, $1,560. Appropriations—clerk, $7,000 and $1,000 additional so long as the position is held by the present incumbent; assistant clerk, $5,000 and $1,000 additional so long as the position is held by the present incumbent; three assistant clerks at $3,900 each; assistant clerk, $3,600; two assistant clerks at $3,300 each; messenger, $1,680. Banking and Currency—clerk, $2,760; assistant clerk, $1,740; janitor, $1,260. Census—clerk, $2,760; janitor, $1,260. Civil Service—clerk, $2,760; janitor, $1,260. Claims—clerk, $3,300; assistant clerk, $1,740; janitor, $1,260. Coinage, Weights, and Measures—clerk, $2,760; janitor, $1,260. Disposition of Useless Executive Papers—clerk, $2,760. District of Columbia—clerk, $3,300; assistant clerk, $2,460; janitor, $1,260. Education—clerk, $2,760. Election of President, Vice President, and Representatives in Congress—clerk, $2,760. Elections Numbered 1—clerk, $2,760; janitor, $1,260. Elections Numbered 2—clerk, $2,760; janitor, $1,260. Elections Numbered 3— clerk, $2,760; janitor, $1,260. Enrolled Bills—clerk, $2,760; janitor, $1,260. Expenditures in Executive Departments—clerk, $3,300; janitor, $1,260. Flood Control—clerk, $2,760; janitor, $1,260. Foreign Affairs—clerk, $3,300; assistant clerk, $2,460; janitor, $1,260. Immigration and Naturalization—clerk, $3,300; janitor, $1,260. Indian Affairs—clerk, $3,300; assistant clerk, $2,460; janitor, $1'260. Insular Affairs—clerk, $2,760; janitor, $1,260. Interstate and Foreign Commerce—clerk, $3,900; additional clerk, $2,640; assistant clerk, $2,100; janitor, $1,560. Irrigation and Reclamation—clerk, $2,760; janitor, $1,260. Invalid Pensions—clerk, $3,300; assistant clerk, $2,880; expert examiner, $2,700; stenographer, $2,640; janitor, $1,500. Judiciary—clerk, $3,900; assistant clerk, $2,160; assistant clerk, $1,980; janitor, $1,500. Labor—clerk, $2,760; janitor, $1,260. Library—clerk, $2,760; janitor, $1,260. Merchant Marine, Radio, and Fisheries—-clerk, $2,760; janitor, $1,260. Military Affairs—clerk, $3,300; assistant clerk, $2,100; janitor, $1,560. Mines and Mining— clerk, $2,760; janitor, $1,260. Naval Affairs—clerk, $3,300; assistant clerk, $2,100; janitor, $1,560. Patents—clerk, $2,760; janitor, $1,260. Pensions—clerk, $3,300; assistant clerk, $2,160; janitor, $1,260. Post Office and Post Roads—clerk, $3,300; assistant clerk, $2,100; janitor, $1,560. Printing—clerk, $2,760; janitor, $1,560. Public Buildings and Grounds—clerk, $3,300; assistant clerk, $1,740; janitor, $1,260. Public Lands—clerk, $2,760; assistant clerk, $1,740; janitor, $1,260. Revision of the Laws—clerk, $3,300; janitor, $1,260. Rivers and Harbors—clerk, $3,300; assistant clerk, $2,460; janitor, $1,560. Roads—clerk, $2,760; assistant clerk, $1,740; janitor, $1,260. Rules— clerk, $3,300; assistant clerk, $2,100; janitor, $1,260. Territories— clerk, $2,760; janitor, $1,260. War Claims—clerk, $3,300; assistant clerk, $1,740; janitor, $1,260. Ways and Means—clerk, $4,620; 823assistant clerk and stenographer, $2,640; assistant clerk, $2,580; clerk for minority, $3,180; janitors—one, $1,560; one, $1,260. World War Veterans’ Legislation—clerk, $3,300; assistant clerk, $2,460; in all, not to exceed $266,400. office of sergeant at arms

Office of Sergeant at Arms.

Salaries: Sergeant at Arms, $8,000; Deputy Sergeant at Arms,

Sergeant at Arms, deputy, cashier, etc.

$3,180; cashier, $4,920; two bookkeepers at $3,360 each; Deputy Sergeant at Arms in charge of pairs, pair clerk and messenger, and assistant cashier, at $2,820 each; stenographer and typewriter, $600; skilled laborer, $1,380; hire of automobile, $600; in all not to exceed $30,534.

Police force, House Office Building, under the Sergeant at Arms:

Police, House Office Building.

Lieutenant, $1,740; sergeant, $1,680; thirty-seven privates at $1,620 each; in all not to exceed $57,024.

office of doorkeeper

Doorkeeper’s office.

Salaries: Doorkeeper, $6,000; special employee, $2,820; superintendent

Doorkeeper, special employee, etc.

of House press gallery, $3,660; assistant to the superintendent of the House press gallery, $2,520; chief janitor, $2,700; messengers—seventeen

Messengers, etc.

at $1,740 each, fourteen on soldiers’ roll at $1,740 each; laborers—seventeen at $1,260 each, two (cloakroom) at $1,380 each, one (cloakroom) $1,260, and seven (cloakroom) at $1,140 each; three female attendants in ladies’ retiring rooms at $1,680 each, attendant for the ladies’ reception room, $1,440; superintendent of folding room, $3,180; foreman of folding room, $2,640; chief clerk

Folding room.

to superintendent of folding room, $2,460; three clerks at $2,160 each; janitor, $1,260; laborer, $1,260; thirty-one folders at $1,440 each; shipping clerk, $1,740; two drivers at $1,380 each; two chief pages

Pages.

at $1,980 each; two telephone pages at $1,680 each; two floor managers of telephones (one for the minority) at $3,180 each; two assistant floor managers in charge of telephones (one for the minority) at $2,100 each; forty-one pages, during the session, including ten pages for duty at the entrances to the Hall of the House, at $4 per day each, $26,716; press-gallery page, $1,920; superintendent of

Document room.

document room (Elmer A. Lewis), $3,960; assistant superintendent of document room, $2,760 and $420 additional so long as the position is held by the present incumbent; clerk, $2,320; assistant clerk, $2,160; eight assistants at $1,860 each; janitor, $1,440; messenger to pressroom, $1,560; maintenance and repair of folding room motor truck, $500; in all not to exceed $231,750. special and minority employees

Special and minority employees.

For the minority employees authorized and named in the House

Minority employees.

Resolutions Numbered 51 and 53 of December 11, 1931: Two at $5,000 each, four at $2,820 each; in all, not to exceed $19,152.

Special employees: Assistant foreman of the folding room, authorized

Special employees.

in the resolution of September 30, 1913, $1,980; laborer, authorized and named in the resolution of April 28, 1914, $1,380; laborer, authorized and named in the resolution of December 19, 1901, $1,380; clerk, under the direction of the Clerk of the House, named in the resolution of February 13, 1923, $3,060; in all, not to exceed $7,020.

Successors to any of the employees provided for in the two preceding

Appointment of successors.

paragraphs may be named by the House of Representatives at any time.

Office of majority floor leader: Legislative clerk, $3,960; clerk,

Majority floor leader.

$3,180; assistant clerk, $2,100; for official expenses of the majority 824leader, as authorized by House Resolution Numbered 101, Seventy-first Congress, adopted December 18, 1929, $2,000; in all, not to exceed $10,316.

Conference minority.

Conference minority: Clerk, $3,180; legislative clerk, $3,060; assistant clerk, $2,100; janitor, $1,560; in all, not to exceed $8,910. The foregoing employees to be appointed by the minority leader.

Caucus rooms, messengers. Post Office.

Two messengers, one in the majority caucus room and one in the minority caucus room, to be appointed by the majority and minority whips, respectively, at $1,740 each; in all, not to exceed $3,132.

Post Office.

post office

Postmaster, assistant, etc.

Salaries: Postmaster, $5,000; assistant postmaster, $2,880; registry and money-order clerk, $2,100; forty-one messengers (including one to superintend transportation of mails) at $1,740 each; substitute messengers and extra services of regular employees, when required, at the rate of not to exceed $145 per month each, $1,740; laborer, $1,260; in all not to exceed, $75,938.

Motor vehicle.

For the purchase, exchange, maintenance, and repair of motor vehicle for carrying the mails, $2,500.

official reporters of debates

Official reporters, etc.

Salaries: Seven official reporters of the proceedings and debates of the House at $7,500 each; clerk, $3,360; six expert transcribers at $1,740 each; janitor, $1,440; in all not to exceed $60,966. committee stenographers

Stenographers to committees.

Salaries: Four stenographers to committees, at $7,000 each; janitor, $1,440; in all, not to exceed, $26,496.

“During the session” to mean 181 days.

Whenever the words “during the session” occur in the foregoing paragraphs they shall be construed to mean the one hundred and eighty-one days from January 1 to June 30, 1935, both inclusive.

Members, etc.

clerk hire, members and delegates

Clerk hire, etc.

For clerk hire necessarily employed by each Member, Delegate, and Resident Commissioner, in the discharge of his official and

Vol. 46, p. 32.

U. S. C., Supp. VII, p. 38.

representative duties, in accordance with the Act entitled “An Act to fix the compensation of officers and employees of the legislative branch of the Government”, approved June 20, 1929, $1,980,000.

Contingent expenses.

contingent expenses of the house

Furniture, etc.

For furniture and materials for repairs of the same, including not to exceed $27,500 for labor, tools, and machinery for furniture repair shops, $41,500.

Packing boxes.

For packing boxes, $3,500.

Miscellaneous items.

For miscellaneous items, exclusive of salaries unless specifically ordered by the House of Representatives, including reimbursement to the official stenographers to committees for the amounts actually paid out by them for transcribing hearings, and including materials

Proviso.

Restaurant operation, restriction.

for folding, $43,000: Provided, That no part of any appropriation contained in this Act, except the appropriation made herein for the Senate kitchens and restaurants for the fiscal year 1934, and except the appropriations available for heated and lighted space and janitor service for restaurants and kitchens, shall be used for the operation of any restaurant.

Committee reports of hearings.

For stenographic reports of hearings of committees other than special and select committees, $25,000.

825

For expenses of special and select committees authorized by the

Special and select committees.

House, $49,500.

For payment of one half of the salaries and other expenses of

Joint Committee on Internal Revenue Taxation, half expenses.

the Joint Committee on Internal Revenue Taxation as authorized by law, $25,500.

No part of the appropriations contained herein for the contingent

Expenditures restricted.

expenses of the House of Representatives shall be used to defray the expenses of any committee consisting of more than six persons (not more than four from the House and not more than two from the Senate), nor to defray the expenses of any other person except the Sergeant at Arms of the House or a representative of his office

Funeral expenses limited.

and except the widow and/or minor children of the deceased, to attend the funeral rites and/or burial of any person who at the time of his or her death is a Representative, a Delegate from a Territory, or a Resident Commissioner from Puerto Rico or the Philippine Islands.

For telegraph and telephone service, exclusive of personal services,

Telegraph and telephone service.

$90,000.

For stationery for Representatives, Delegates, and Resident Commissioners,

Stationery.

for the first session of the Seventy-fourth Congress, and for stationery for the use of the committees and officers of the House (not to exceed $5,000), $60,000.

For medical supplies, equipment, and contingent expenses for the

Emergency room.

emergency room and for the attending physician and his assistants, including an allowance of not to exceed $30 per month each to three assistants as provided by the House resolutions adopted July 1, 1930, and January 20, 1932, $2,500.

That the present incumbent as attending physician be advanced

Naval rank of attending physician.

one grade as an extra number, provided that this shall not be considered as affecting the opportunity for advancement of any other person.

Postage stamps: Postmaster, $250; Clerk, $450; Sergeant at Arms,

Postage stamps.

$300; Doorkeeper, $150; in all $1,150.

For folding speeches and pamphlets, at a rate not exceeding $1

Folding.

per thousand, $20,000.

For preparation and editing of the laws as authorized by the Act

United States Code, preparation, etc.

Vol. 45, p. 1008; U. S. C., Supp. VII, p. 4.

approved May 29, 1928 (U.S.C., Supp. VI, title 1, sec. 59), $6,500, to be expended under the direction of the Committee on Revision of the Laws.

For assistants in compiling lists of reports to be made to Congress

Clerical assistance to Clerk of House.

Specified objects, etc.

by public officials; compiling copy and revising proofs for the House portion of the Official Register; preparing and indexing the statistical reports of the Clerk of the House; compiling the telephone and Members’ directories; preparing and indexing the daily calendars of business; preparing the official statement of Members’ voting records; preparing lists of congressional nominees and statistical summary of elections; preparing and indexing questions of order printed in the Appendix to the Journal pursuant to House Rule III; for recording and filing statements of political committees and

Recording, etc., political statements.

Vol. 43, p. 1071.

U. S. C., p. 15.

candidates for election to the House of Representatives pursuant to the Federal Corrupt Practices Act, 1925 (U.S.C., title 2, secs. 241– 256) ; and for such other assistance as the Clerk of the House may deem necessary and proper in the conduct of the business of his office, $5,000: Provided, That no part of this appropriation shall be used

Proviso.

Use restricted.

to augment the annual salary of any employee of the House of Representatives.

For driving, maintenance, repair, and operation of an automobile

Automobile for Speaker, care, etc.

for the Speaker, $4,000.

826

Capitol Police.

CAPITOL POLICE

Pay.

Salaries: Captain, $2,460; three lieutenants, at $1,740 each; two special officers, at $1,740 each; three sergeants, $1,680 each; fifty-two privates, at $1,620 each; one half of said privates to be selected by the Sergeant at Arms of the Senate and one half by the Sergeant at Arms of the House; in all not to exceed $90,396.

Uniforms, etc.

For purchasing and supplying uniforms, for maintenance and repair of motor-propelled passenger-carrying vehicles, and for contingent expenses, $9,710, of which $500 shall be immediately available for the exchange of one such vehicle.

Division of disbursement.

One half of the foregoing amounts under “Capitol police” shall be disbursed by the Secretary of the Senate and one half by the Clerk of the House.

Joint Committee on Printing.

JOINT COMMITTEE ON PRINTING

Clerk, assistant, etc.

Vol. 28, p. 603.

U. S. C., p. 1418.

Salaries: Clerk, $4,000 and $800 additional so long as the position is held by the present incumbent; inspector under section 20 of the Act approved January 12, 1895 (U.S.C., title 44, sec. 49), $2,820; assistant clerk and stenographer, $2,400; for expenses of compiling,

Congressional Directory.

preparing, and indexing the Congressional Directory, $1,600; in all not to exceed $10,618, one half to be disbursed by the Secretary of the Senate and the other half to be disbursed by the Clerk of the House.

Office of Legislative Counsel.

OFFICE OF LEGISLATIVE COUNSEL

Salaries, etc.

For salaries and expenses of maintenance of the office of Legislative Counsel, as authorized by law, $70,000, of which $35,000 shall be disbursed by the Secretary of the Senate and $35,000 by the Clerk of the House of Representatives.

Statement of Appropriations.

STATEMENT OF APPROPRIATIONS

Preparing, second session of Seventy-third Congress.

For preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives of the statements for the second session of the Seventy-third Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriation bills, as required by law, $4,000, to be paid to the persons designated by the chairman of such committees to do the work.

Architect of the Capitol.

ARCHITECT OF THE CAPITOL office of the architect of the capitol

Architect, assistant, and office personnel.

Salaries: For the Architect of the Capitol, Assistant Architect of the Capitol, and other personal services at rates of pay provided by law; and the Assistant Architect of the Capitol shall act as Architect of the Capitol during the absence or disability of that official or whenever there is no Architect; $43,650.

Capitol Buildings and grounds.

capitol buildings and grounds

Maintenance, repair, etc.

Capitol Buildings: For necessary expenditures for the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including minor improvements, maintenance, repair, equipment, supplies, material, fuel, oil, waste, and appurtenances; furnishings and office equipment; personal and other services; cleaning and repairing works of art; purchase or exchange (not to exceed $1,000), mainte-827nance, and, driving of motor-propelled passenger-carrying office vehicle; pay of superintendent of meters, and $300 additional for the maintenance of an automobile for his use, who shall inspect all gas and electric meters of the Government in the District of Columbia without additional compensation; and not exceeding $300 for the purchase of technical and necessary reference books, periodicals, and city directory; $412,000, of which sum $181,000 shall be immediately available.

Appropriations under the control of the Architect of the Capitol

Travel allowance.

shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $1,750.

Capitol Grounds: For care and improvement of grounds surrounding

Improving grounds.

the Capitol, Senate and House Office Buildings; Capitol power plant; personal and other services; care of trees; planting; fertilizers; repairs to pavements, walks, and roadways; purchase of waterproof wearing apparel; maintenance of signal lights; and for snow removal by hire of men and equipment or under contract without compliance with sections 3709 (U.S.C., title 41, sec. 5) and 3744

R. S., secs. 3709, 3744; pp. 733, 738.

U. S. C., pp. 1309 1310.

(U.S.C., title 41, sec. 16) of the Revised Statutes; $96,358.

Capitol garages: For maintenance, repairs, alterations, personal

Capitol garage.

and other services, and all necessary incidental expenses, $7,430.

Subway transportation, Capitol and Senate Office Buildings: For

Subway, Capitol and Senate Office Buildings.

repairs, rebuilding, and maintenance of the subway cars connecting the Senate Office Building with the Senate wing of the United States Capitol and for personal and other services, including maintenance of the track and electrical equipment connected therewith, $1,950.

Senate Office Building: For maintenance, miscellaneous items and

Senate Office Building.

Maintenance, etc.

supplies, including furniture, furnishings, and equipment and for labor and material incident thereto and repairs thereof; and for personal and other services for the care and operation of the Senate Office Building, under the direction and supervision of the Senate Committee on Rules, acting through the Architect of the Capitol,

Special improvements.

who shall be its executive agent, including replacing roof, to be immediately available, $60,400; for additional painting, including exterior window frames, to be immediately available, $12,000; for completing pointing the exterior stonework, to be immediately available, $10,000; for electrical equipment for old heating room, $500; for repairs to electrical circuit in subway, $200; in all, $300,780.

House Office Buildings: For maintenance, including miscellaneous

House Office Buildings.

Maintenance, etc.

items, and for all necessary services, $289,547, of which sum $2,955 shall be immediately available.

Capitol power plant: For lighting, heating, and power for the

Capitol power plant. Maintenance, etc.

Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and the grounds about the same, Botanic Garden, Capitol garages, folding and storage rooms of the Senate, Government Printing Office, and Washington City post office; personal and other services, engineering instruments, fuel, oil, materials, labor, advertising, and purchase of waterproof wearing apparel in connection with the maintenance and operation of the heating, lighting, and power plant, $443,642.

The appropriations under the control of the Architect of the

Purchases independent of supply committee.

Vol. 36, p. 531.

U. S. C., p. 1309.

Capitol may be expended without reference to section 4 of the Act approved June 17, 1910 (U.S.C., title 41, sec. 7), concerning purchases for executive departments.

The Government Printing Office and the Washington City post

Reimbursement for current to designated buildings.

office shall reimburse the Capitol power plant for heat, light, and power furnished during the fiscal year 1935 and the amounts so reimbursed shall be covered into the Treasury.

828

Library Building and grounds.

library building and grounds

Operating force.

Salaries: For chief engineer and all personal services at rates of pay provided by law, $42,048.

Trees, etc.

For trees, shrubs, plants, fertilizers, and skilled labor for the grounds of Library of Congress, $1,000.

Maintenance, repair, etc.

For necessary expenditures for the Library Building under the jurisdiction of the Architect of the Capitol, including minor improvements, maintenance, repair, equipment, supplies, material, and appurtenances, and personal and other services in connection with the mechanical and structural maintenance of such building, $39,640.

Furniture, etc.

For furniture, including partitions, screens, shelving, and electrical work pertaining thereto and repairs thereof, $13,965.

Botanic Garden.

BOTANIC GARDEN

Director and personnel.

Proviso.

Quarters, etc., allowed Director.

Vol. 45, p. 193.

Salaries: For the director and other personal services, $82,870, all under the direction of the Joint Committee on the Library: Provided, That the quarters, heat, light, fuel, and telephone service heretofore furnished for the director’s use in the Botanic garden shall not be regarded as a part of his salary or compensation, and such allowances may continue to be so furnished without deduction from his salary or compensation notwithstanding the provisions of section

U. S. C., Supp. VII, p. 19.

3 of the Act of March 5, 1928 (U.S.C., Supp. VI, title 5, sec. 75a), or any other law.

Maintenance, repairs, etc.

Maintenance, operation, repairs, and improvements: For all necessary expenses incident to maintaining, operating, repairing, and improving the Botanic Garden, and the nurseries, buildings, grounds, and equipment pertaining thereto, including procuring fertilizers, soils, tools, trees, shrubs, plants, and seeds; materials and miscellaneous supplies, including rubber boots and aprons when required for use by employees in connection with their work; not to exceed $25 for emergency medical supplies; disposition of waste; traveling expenses of the director and his assistants not to exceed $600; street-car fares not exceeding $25; office equipment and contingent expenses; the prevention and eradication of insect and other pests and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; repair, maintenance, and operation, of motor trucks and passenger motor vehicle; purchase of botanical books, periodicals, and books of reference, not to exceed $100; repairs and improvements to director’s residence; and all other necessary expenses; all under the direction of the Joint Committee on the Library; $28,725.

Minor purchases without advertising.

The sum of $100 may be expended at any one time by the Botanic Garden for the purchase of plants, trees, shrubs, and other nursery

R. S., sec. 3709, p. 733;

U. S. C., p. 1309.

stock, without reference to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5).

Distribution of shrubbery, etc.

No part of the appropriations contained herein for the Botanic Garden shall be used for the distribution, by congressional allotment, of trees, plants, shrubs, or other nursery stock.

Library of Congress.

LIBRARY OF CONGRESS salaries

Librarian and personnel.

For the Librarian, Chief Assistant Librarian, and other personal services, $774,341, of which amount $1,670, or so much thereof as may be necessary, shall be immediately available for the salaries of additional assistants in the rare-book room.

829

For the Register of Copyrights, assistant register, and other

personal services, $224,442.

legislative reference service

Legislative Reference Service.

To enable the Librarian of Congress to employ competent persons

Personnel.

to gather, classify, and make available, in translations, indexes, digests, compilations, and bulletins, and otherwise, data for or bearing upon legislation, and to render such data serviceable to Congress and committees and Members thereof, including not to exceed $5,700 for employees engaged on piecework and work by the day or hour at rates to be fixed by the Librarian, $66,662. distribution of card indexes

Card Indexes.

For the distribution of card indexes and other publications of the

Distribution, etc.

Library, including personal services, freight charges (not exceeding $500), expressage, postage, traveling expenses connected with such distribution, expenses of attendance at meetings when incurred on the written authority and direction of the Librarian, and including not to exceed $52,650, for employees engaged in piecework and work by the day or hour and for extra special services of regular employees at rates to be fixed by the Librarian; in all, $162,260. temporary services For special and temporary service, including extra special services

Temporary services.

of regular employees, at rates to be fixed by the Librarian, $2,700. index to state legislation

State legislation.

To enable the Librarian of Congress to prepare an index to the

Preparing index and digest of.

legislation of the several States, together with a supplemental digest of the more important legislation, as authorized and directed by the Act entitled “An Act providing for the preparation of a biennial

Vol. 44, p. 1066.

U. S. C., Supp. VII, p. 10.

index to State legislation”, approved February 10, 1927 (U.S.C., Supp. VI, title 2, secs. 164, 165), including personal and other services within and without the District of Columbia, including not to exceed $2,500 for special and temporary service at rates to be fixed by the Librarian, travel, necessary material and apparatus, and for printing and binding the indexes and digests of State legislation for official distribution only, and other printing and binding incident to the work of compilation, stationery, and incidentals, $36,420, of which $6,700 shall be immediately available for printing and binding. sunday opening

Sunday, etc., opening.

To enable the Library of Congress to be kept open for reference

Expenses.

use on Sundays and on holidays within the discretion of the Librarian, including the extra services of employees and the services of additional employees under the Librarian, at rates to be fixed by the Librarian, $16,200. union catalogues

Union Catalogues.

To continue the development and maintenance of the Union Catalogues,

Development, maintenance, etc.

including personal services within and without the District of Columbia (and not to exceed $1,400 for special and temporary service, including extra special services of regular employees, at rates to be fixed by the Librarian), travel, necessary material and apparatus, stationery, photostat supplies, and incidentals, $18,100. 830

Increase of the Library.

increase of the library

Purchase of books, etc.

For purchase of books, miscellaneous periodicals and newspapers, and all other material for the increase of the Library, including payment in advance for subscription books and society publications, and for freight, commissions, and traveling expenses, including expenses of attendance at meetings when incurred on the written authority and direction of the Librarian in the interest of collections, and al] other expenses incidental to the acquisition of books, miscellaneous periodicals and newspapers, and all other material for the increase of the Library, by purchase, gift, bequest, or exchange, to continue available during the fiscal year 1936, $100,000.

Law books, etc.

For the purchase of books and for periodicals for the law library, including payment for legal society publications and for freight, commissions, and all other expenses incidental to the acquisition of law books, $50,000.

Reference books for Supreme Court.

For the purchase of new books of reference for the Supreme Court, to be a part of the Library of Congress, and purchased by the Marshal of the Supreme Court, under the direction of the Chief Justice, $2,500.

Books for adult blind.

Vol. 46, p. 1487.

U. S. C., Supp. VII, p. 9.

To enable the Librarian of Congress to carry out the provisions of the Act entitled “An Act to provided ¹¹So in original. books for the adult blind” approved March 3, 1931 (U.S.C., Supp. VI, title 2, sec. 135a). $99,620.

printing and binding

Printing and binding.

For miscellaneous printing and binding for the Library of Congress, including the Copyright Office, and the binding, rebinding, and repairing of library books, and for the Library Building, $200,000.

Catalogue of Title Entries.

For the publication of the Catalogue of Title Entries of the Copyright Office, $45,000.

Catalogue cards.

For the printing of catalogue cards, $120,000.

contingent expenses of the library

Contingent expenses.

For miscellaneous and contingent expenses, stationery, office supplies, stock, and materials directly purchased, miscellaneous traveling expenses, postage, transportation, incidental expenses connected with the administration of the Library and Copyright Office, including

Attendance at meetings.

not exceeding $500 for expenses of attendance at meetings when incurred on the written authority and direction of the Librarian. $9,000.

Photoduplicating expenses.

For paper, chemicals, and miscellaneous supplies necessary for the operation of the photoduplicating machines of the Library and the making of photoduplicate prints, $5,000.

Library building.

library building

Salaries.

Salaries: For the superintendent, disbursing officer, and other personal services, in accordance with the Classification Act of 1923, as amended, $145,640.

Sunday, etc., opening.

For extra services of employees and additional employees under the Librarian to provide for the opening of the Library Building on Sundays and on legal holidays, at rates to be fixed by the Librarian, $3,600;

Temporary, etc., services.

For special and temporary services in connection with the custody, care, and maintenance of the Library Building, including extra special services of regular employees at the discretion of the Librarian, at rates to be fixed by the Librarian, $450.

831

For mail, delivery, and telephone services, rubber boots, rubber

Incidentals, etc.

coats, and other special clothing for workmen, uniforms for guards, stationery, miscellaneous supplies, and all other incidental expenses in connection with the custody and maintenance of the Library Building, $8,900.

For any expense of the Library of Congress Trust Fund Board

Trust Fund Board, expenses.

not properly chargeable to the income of any trust fund held by the board, $500.

GOVERNMENT PRINTING OFFICE

Government Printing Office.

To provide the Public Printer with a working capital for the

Printing and binding.

following purposes for the execution of printing, binding, lithographing, mapping, engraving, and other authorized work of the Government Printing Office for the various branches of the Government: For salaries of Public Printer and Deputy Public

Public Printer, Deputy, etc.

Printer; for salaries, compensation, or wages of all necessary officers and employees additional to those herein appropriated for, including employees necessary to handle waste paper and condemned material for sale; to enable the Public Printer to comply

Leaves of absence, etc.

with the provisions of law granting holidays and half holidays and Executive orders granting holidays and half holidays with pay to employees; to enable the Public Printer to comply with the provisions of law granting annual leave to employees with pay; rents, fuel, gas, heat, electric current, gas and electric fixtures; bicycles, motor-propelled vehicles for the carriage of printing

Machinery, etc.

and printing supplies, and the maintenance, repair, and operation of the same, to be used only for official purposes, including operation, repair, and maintenance of motor-propelled passenger-carrying vehicles for official use of the officers of the Government Printing Office when in writing ordered by the Public Printer; freight, expressage, telegraph, and telephone service, furniture, typewriters, and carpets; traveling expenses; stationery, postage, and advertising; directories, technical books, newspapers and magazines, and books of reference (not exceeding $500) ; adding and numbering machines, time stamps, and other machines of similar character; rubber boots, coats, and gloves; machinery (not exceeding $300,000) ; equipment, and for repairs to machinery, implements, and buildings, and for minor alterations to buildings; necessary equipment, maintenance, and supplies for the emergency room for the use of all employees in the Government Printing Office who may be taken suddenly ill or receive injury while on duty; other necessary contingent and miscellaneous items authorized by the Public Printer; for expenses authorized in writing by the Joint Committee on

Inspection, etc., expenses.

Printing for the inspection of printing and binding equipment, material, and supplies and Government printing plants in the District of Columbia or elsewhere (not exceeding $1,000) ; for salaries and expenses of preparing the semimonthly and session indexes of the

Indexes, Congressional Record.

Congressional Record under the direction of the Joint Committee on Printing (chief indexer at $3,480, one cataloguer at $3,180, two cataloguers at $2,460 each, and one cataloguer at $2,100) ; and for all the necessary labor, paper, materials, and equipment needed in the prosecution and delivery and mailing of the work; in all, $2,500,000, to which shall be charged the printing and binding authorized to be done for Congress including supplemental and deficiency estimates of appropriations, the printing and binding for use of the Government Printing Office, and printing and binding (not exceeding $2,000) for official use of the Architect of the Capitol when authorized by the Secretary of the Senate; in all to an amount 832

Provisos.

Working capital, printing and binding.

Vol. 47, p. 397.

not exceeding this sum: Provided, That $500,000 of the unexpended balance of the appropriation for public printing and binding, Government Printing Office, fiscal year 1933, shall be credited to the appropriation for public printing and binding, Government Printing

Immediately available.

Office, fiscal year 1934, and be immediately available for the purposes of the working capital for the fiscal year 1934 and be subjected to obligation for printing and binding for Congress and

Use authorized.

to enable the Public Printer to comply with the provision of law granting annual leave of absence to employees, with pay, in fiscal

Ante, p. 98.

year 1934, in addition to the sum authorized by Public Law Numbered 26, approved May 29, 1933.

Congressional work.

Printing and binding for Congress chargeable to the foregoing appropriation, when recommended to be done by the Committee on Printing of either House, shall be so recommended in a report containing an approximate estimate of the cost thereof, together with a statement from the Public Printer of estimated approximate cost of work previously ordered by Congress within the fiscal year for which this appropriation is made.

Payment for work ordered by departments, etc.

During the fiscal year 1935 any executive department or independent establishment of the Government ordering printing and binding from the Government Printing Office shall pay promptly by check to the Public Printer upon his written request, either in advance or upon completion of the work, all or part of the estimated or actual cost thereof, as the case may be, and bills rendered by the Public Printer in accordance herewith shall not be subject to audit or certification

Proviso.

Adjustments of accounts.

in advance of payment: Provided, That proper adjustments on the basis of the actual cost of delivered work paid for in advance shall be made monthly or quarterly and as may be agreed upon by the Public Printer and the department or establishment concerned.

Sums paid for work credited to working capital.

All sums paid to the Public Printer for work that he is authorized by law to do shall be deposited to the credit, on the books of the Treasury Department, of the appropriation made for the working capital of the Government Printing Office, for the year in which the work is done, and be subject to requisition by the Public Printer.

Estimates for departments, etc., to be incorporated in a single item.

All amounts in the Budget for the fiscal year 1936 for printing and binding for any department or establishment, so far as the Bureau of the Budget may deem practicable, shall be incorporated in a single item for printing and binding for such department or establishment and be eliminated as a part of any estimate for any other purpose. And if any amounts for printing and binding are included as a part of any estimates for any other purposes, such amounts shall be set forth in detail in a note immediately following

Proviso.

Engraving and Printing Bureau excepted.

the general estimate for printing and binding: Provided, That the foregoing requirements shall not apply to work to be executed at the Bureau of Engraving and Printing.

Restriction on paying detailed employees.

No part of any money appropriated in this Act shall be paid to any person employed in the Government Printing Office while detailed for or performing service in any other executive branch of the public service of the United States unless such detail be authorized by law.

Office of Superintendent of Documents.

office of superintendent of documents

Superintendent and personnel.

Vol. 46, p. 1003.

U. S. C., Supp. VII, p. 34.

For the Superintendent of Documents, assistant superintendent, and other personal services in accordance with the Classification Act of 1923, as amended, and compensation of employees paid by the hour who shall be subject to the provisions of the Act entitled “An Act to regulate and fix rates of pay for employees and officers of 833the Government Printing Office”, approved June 7, 1924 (U.S.C.,

Vol. 43, p. 658.

U. S. C., p. 1417.

Proviso.

Item a separate unit.

title 44, sec. 40), $481,612: Provided, That for the purpose of conforming to section 3 of this Act this appropriation shall be considered a separate appropriation unit.

For furniture and fixtures, typewriters, carpets, labor-saving

Contingent expenses.

machines and accessories, time stamps, adding and numbering machines, awnings, curtains, books of reference; directories, books, miscellaneous office and desk supplies, paper, twine, glue, envelops, postage, car fares, soap, towels, disinfectants, and ice; drayage, express, freight, telephone and telegraph service; traveling expenses (not to exceed $200) ; repairs to buildings, elevators, and machinery; preserving sanitary condition of building; light, heat, and power; stationery and office printing, including blanks, price lists, and bibliographies, $85,000; for catalogues and indexes, not exceeding $30,000; for supplying books to depository libraries, $85,000; in all, $200,000: Provided, That no part of this sum shall be used to supply

Proviso.

Supplying depository libraries restricted.

to depository libraries any documents, books, or other printed matter not requested by such libraries, and the requests therefor shall be subject to approval by the Superintendent of Documents.

In order to keep the expenditures for printing and binding for

Printing reports of departments.

the fiscal year 1935 within or under the appropriations for such fiscal year, the heads of the various executive departments and independent establishments are authorized to discontinue the printing of annual or special reports under their respective jurisdictions: Provided,

Proviso.

Originals to be kept.

That where the printing of such reports is discontinued the original copy thereof shall be kept on file in the offices of the heads of the respective departments or independent establishments for public inspection.

Purchases may be made from the foregoing appropriation under

Purchases independent of supply committee.

Vol. 28, p. 601; Vol. 36, p. 531.

U. S. C., p. 1309.

the “Government Printing Office”, as provided for in the Printing Act approved January 12, 1895, and without reference to section 4 of the Act approved June 17, 1910 (U.S.C., title 41, sec. 7), concerning purchases for executive departments.

Sec. 2. No part of the funds herein appropriated shall be used

Private vehicle restriction.

for the maintenance or care of private vehicles.

Sec. 3. In expending appropriations or portions of appropriations,

Average salaries in designated offices not to be exceeded.

Vol. 46, p. 1003.

U. S. C., Supp. VII, p. 34.

contained in this Act, for the payment for personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, the average of the salaries of the total number of persons under any grade in the Botanic Garden, the Library of Congress, or the Government Printing Office, shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended: Provided, That this restriction shall not

Proviso.

Not applicable to clerical-mechanical service.

Vol. 42, p. 1490.

U. S. C., p. 66.

apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, (2) to require the reduction in salary of any person whose compensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, (3) to require the reduction in salary of any person who is transferred from one position to another position in

Transfer to another position without reduction.

the same or different grade in the same or a different bureau, office, or other appropriation unit, (4) to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the

Higher salary rates allowed.

grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or (5) to reduce the compensation of any person in a grade in which

If only one position in a grade.

only one position is allocated.

Sec. 4. For the purpose of carrying out the provisions of Public

D.C.-Va. Boundary Commission.

Salaries and expenses.

Ante, p. 454.

Act Numbered 125, entitled “An Act to provide for the appointment of a commission to establish the boundary line between the District of Columbia and the Commonwealth of Virginia”, approved March 83421, 1934, including salaries, travel and subsistence expenses as authorized by law, to be immediately available, $10,000.

Sec. 5.

Foreign Service officers, etc.

Losses due to appreciation of foreign currencies.

Ante, p. 466.

Post, p. 1060.

For the purpose of carrying into effect the provisions of the Act entitled “An Act to authorize annual appropriations to meet losses sustained by officers and employees of the United States in foreign countries due to appreciation of foreign currencies in their relation to the American dollar, and for other purposes”, approved March 26, 1934, and for each and every object and purpose specified therein, to be immediately available, $7,438,000.

Sec. 6.

Citation of Act.

This Act may be cited as the “Legislative Branch Appropriation Act, 1935.”

Approved, May 30, 1934.

Respecting contracts of industrial life insurance in the District of Columbia; 1934-06-04 373 Chapter 48 Stat. 834 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 2 public [CHAPTER 373.]

AN ACT Respecting contracts of industrial life insurance in the District of Columbia;

June 4, 1934.

[S. 195]

[Public, No. 269]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia.

Contracts of industrial life insurance.

That policies of industrial weekly payment life insurance hereafter issued or delivered in the District of Columbia shall be subject to the following conditions, in addition to any others prescribed by law and not inconsistent with the provisions of this Act.

good faith

Sec. 2.

Good faith of insured in determining validity of policy.

If payment of such a policy shall be refused because of unsound health at or prior to the date of the policy, the good faith of both applicant and insured shall constitute a material element in determining the validity of the policy; and it shall not be held invalid because of unsound health unless the insurer shall prove that, at or before the date of issue of the policy, the insured or applicant had knowledge of, or reason to know, the facts on which the defense is based, or shall prove that the insurance was procured by the insured or applicant in bad faith or with intent to defraud the company, any provision, agreement, condition, waranty,¹¹ So in original. or clause contained in said policy, or endorsed thereon, or added or attached

Proof of fraud, etc.

thereto, to the contrary notwithstanding. Proof by the insurer of fraud, intent to deceive, unsound health, bad faith, breach or¹¹ So in original. warranty or condition precedent, or other matter of defense, shall be

D.C. Code, sec. 657.

Vol. 31, p. 1294.

subject to the provisions of section 657 of the Act entitled “An Act to establish a Code of Law for the District of Columbia”, approved March 3, 1901, as amended (D.C. Code, title 5, sec. 183).

incontestability

Sec. 3.

Incontestability of policy on grounds relating to health after two years.

Every such policy shall be incontestable upon any ground relating to health after two years from its date of issue (notwithstanding a longer period may be named therein), provided the

When policy provides shorter period.

insured shall be alive at the end of said period. If the policy by its terms shall be incontestable after a shorter period than herein provided, the terms of the policy with regard to such period of limitation shall govern.

835 assignment

Sec. 4. Nothing contained in the terms of any such policy shall

Assignment permitted.

operate to prevent its valid assignment by the insured; but the company issuing the policy so assigned shall be discharged of all

Notice to issuing company.

liability thereon by payment of its proceeds in accordance with its terms, unless before such payment the company shall have written notice of such assignment.

beneficiary

Sec. 5. Any individual designated with the consent of the insurer,

Beneficiary; right to proceeds.

evidenced by the signature of its president or secretary, or designated upon a form furnished by and filed with the insurer, as beneficiary of such a policy shall be entitled to the proceeds of such policy after the death of the insured in priority to all other claimants, and may sue in his own name for such proceeds if payment is refused by the insurer: Provided, That upon the expiration of fifteen days after

Proviso.

Payment of claim.

the death of the insured, unless proof of claim in the manner and form required by the Policy, accompanied by the policy for surrender, has theretofore been made by or on behalf of such designated beneficiary, the insurer may pay to any other claimant permitted by the policy. A person specified as one to whom the insured desires payment