Volume 68 · 331
Public Law 83–453
Making appropriations for civil functions administered by the Department of the Army for the fiscal year ending June 30, 1955, and for other purposes.
Approved June 30, 1954
Statutory text
AN ACT
Making appropriations for civil functions administered by the Department of the Army for the fiscal year ending June 30, 1955, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1955, for civil functions administered by the Department of the Army and for other purposes, namely:
CIVIL FUNCTIONS, DEPARTMENT OF THE ARMY Cemeterial Expenses For necessary cemeterial expenses as authorized by law, including maintenance, operation and improvement of national cemeteries, and purchase of headstones and markers for unmarked graves; purchase of two passenger motor vehicles for replacement only; maintenance of that portion of Congressional Cemetery to which the United States has title, Confederate burial places under the jurisdiction of the Department of the Army, The Surrender Tree Site in Cuba, and graves used by the Army in commercial cemeteries; $5,489,200: Provided, That this appropriation shall not be used to repair more than a single approach road to any national cemetery: Provided further, That this appropriation shall not be obligated for construction of a superintendent’s lodge or family quarters at a cost per unit in excess of $14,000, but such limitation may be increased by such additional amounts as may be required to provide office space, public comfort rooms, or space for the storage of Government property within the same structure.
Rivers and Harbors and Flood Control The following appropriations shall be. expended under the direction of the Secretary or the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes: general investigations For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, and when authorized by law, preliminary examinations, surveys and studies (including cooperative beach erosion studies as authorized in Public Law Numbered 520, Seventy-first Congress, approved July 3, 1930, as amended and supplemented), of projects prior to authorization for construction, to remain available until expended, $2,907,500. construction, general For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; detailed studies, and plans and specifications, of projects authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction); and not to exceed $1,000,000 for transfer to the Secretary of the Interior for conservation of fish and wildlife as authorized by law; to remain available until expended, $300,367,600: Provided, That no part of this appropriation shall be used for projects in the Columbia River Basin which are authorized by a law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated: Provided further, That not to exceed $750,000 of the funds appropriated herein may at the discretion and under the direction of the Chief of Engineers be used in payment to the accounts of the Confederated Tribes of the Yakima Reservation; the Confederated Tribes of the Warm Springs Reservation; the Confederated Tribes of the Umatilla Reservation; or other recognized Indian tribes, and those individual Indians not enrolled in any recognized tribe, but who through domicile at or in the immediate vicinity of the reservoir and through custom and usage are found to have an equitable interest in the fishery, all of whose fishing rights and interests will be impaired by the Government incident to the construction, operation, or maintenance of the Dalles Dam, Columbia River, Washington and Oregon, and must be subordinated thereto by agreement or litigation. operation and maintenance, general For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a state, municipality, or other public agency, outside of harbor lines, and serving essential needs of general Commerce and navigation; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; removal of obstructions to navigation; rescue work, and repair, restoration, or maintenance of flood control projects threatened or destroyed by flood; and not to exceed $970,000 for transfer to the Secretary of the Interior for conservation of fish and wildlife as authorized by law; to remain available until expended, $76,110,000. general expenses For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors, the Beach Erosion Board, and the California Debris Commission; administration of laws pertaining to preservation of navigable waters; commercial statistics; and miscellaneous investigations; $9,544,000. flood control, mississippi river and tributaries For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U. S. C. 702a, 702g–1), to remain available until expended, $45,450,000. niagara remedial works For financing a part of the United States share of the cost of remedial works in the Niagara River, to be undertaken in accordance with article II of the treaty between the United States of America and Canada, ratified by the United States Senate on August 9, 1950, to remain available until expended, $2,000,000. administrative provisions The foregoing appropriations shall be available for expenses of attendance at meetings of organizations concerned with the work for which the appropriation is made and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed two hundred and fifty for replacement only) and hire of passenger motor vehicles.
United States Soldiers’ Home For maintenance and operation of the United States Soldiers’ Home, to be paid from the Soldiers’ Home permanent fund, $5,134,000, of which $1,284,000 shall remain available until expended for plans and construction of buildings and facilities: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army, upon the recommendation of the Board of Commissioners of the Home and the Surgeon General of the Army.
Canal Zone Government Operating expenses: For operating expenses necessary for the Canal Zone Government, including operation of the Postal Service of the Canal Zone; hire of passenger motor vehicles; expenses incident to conducting hearings on the Isthmus; expenses of attendance at meetings, when authorized by the Governor of the Canal Zone, of organizations concerned with activities pertaining to the Canal Zone Government; expenses of special training of employees of the Canal Zone Government as authorized by law (63 Stat. 602); contingencies of the Governor; residence for the Governor; medical aid and support 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 payments of not to exceed $50 in any one case to persons within the Government service who shall furnish blood for transfusions; $13,788,000. Capital outlay: For acquisition of land and land under water and acquisition, construction, and replacement of improvements, facilities, structures, and equipment, as authorized by law (63 Stat. 600 and 48 U. S. C. 1302), including the purchase of not to exceed six passenger motor vehicles (for replacement only); and expenses incident to the retirement of such assets; $1,415,000, to remain available until expended: Provided, That the unexpended balance of prior year appropriations to the Canal Zone Government for the purposes set forth in this appropriation shall be merged with this appropriation.
Panama Canal Company The following corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to it and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the programs set forth in the Budget for the fiscal year 1955 for such corporation, except as hereinafter provided: Not to exceed $3,589,000 of the funds available to the Panama Canal Company shall be available during the current fiscal year for general and administrative expenses of the Company, which shall be computed on an accrual basis: Provided, That as used herein, the term “general and administrative expenses” shall not be construed to include expenses otherwise classified in the preceding fiscal year: Provided further, That funds available for operating expenses shall be available for the purchase of not to exceed eight passenger motor vehicles (for replacement only, including one at not to exceed $2,750).
General Provisions
Sec. 102.
No part of any appropriation contained in this Act, or
Strikes or overthrow of Government.
of the funds made available tor expenditure by any corporation included in this Act, shall be used to pay the salary or wages of any person who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United
Affidavit.
States by force or violence: Provided, That for the purposes hereof an affidavit shall lie considered prima facie evidence that the person making the affidavit has not contrary to the provisions of this section engaged in a strike against the Government of the United States, is not a member of an organization of Government employees that asserts the right to strike against the Government of the United States or that such person does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the
Penalty.
United States by force or violence: Provided further, That any person who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts employment the salary or wages for which are paid from any appropriation or fund contained in this Act shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law.
Sec. 103.
No part of any appropriation contained in this Act shall be used directly or indirectly, except for temporary employment in case of emergency, for the payment of any civilian for services rendered by him on the Canal Zone while occupying a skilled, technical, clerical, administrative, executive, or supervisory position unless such person is a citizen of the United States of America or of the Republic of Panama: Provided, however, (1) That, notwithstanding the provision
in the Act approved August 11, 1939 (53 Stat. 1409) limiting employment in the above-mentioned positions to citizens of the United States from and after the date of approval of said Act, citizens of Panama may be employed in such positions; (2) that at no time shall the number of Panamanian citizens employed in the above-mentioned positions exceed the number of citizens of the United States so employed, if United States citizens are available in continental United States or on the Canal Zone; (3) that nothing in this Act shall prohibit the continued employment of any person who shall have rendered fifteen or more years of faithful and honorable service on the Canal Zone; (4) that in the selection of personnel for skilled, technical, administrative, clerical, supervisory, or executive positions, the controlling factors in filling these positions shall be efficiency, experience, training, and education; (5) that all citizens of Panama and the United States rendering skilled, technical, clerical, administrative, executive, or supervisory service on the Canal Zone under the terms of this Act (a) shall normally be employed not more than forty hours per week, (b) may receive as compensation equal rates of pay based upon rates paid for similar employment in continental United States plus 25 per centum; (6) this entire section shall apply only to persons employed in skilled, technical, clerical, administrative, executive, or supervisory positions on the Canal Zone directly or indirectly by any branch of the United States Government or by any corporation or company whose stock is owned wholly or in part by the United States Government: Provided further, That the President may suspend from
Suspension of compliance.
time to time in whole or in part compliance with this section if he should deem such course to be in the public interest.
Sec. 104.
The Governor of the Canal Zone is authorized to employ services as authorized by section 15 of the Act of August 2, 1946 (5 U. S. C. 55a), in an amount not exceeding $15,000: Provided, That
the rates for individuals shall not exceed $100 per diem.
Sec. 105.
Hereafter appropriations of the Department of Defense
Certain medical care.
Reimbursement.
available for medical care shall be available for the reimbursement of the Canal Zone Government for the cost of providing medical care for dependents of military personnel (to the extent that such care heretofore has been provided) in facilities operated by the Canal Zone Government.
The Department of the Navy is authorized and directed to transfer
Naval Hospital.
Property transfer.
to the Canal Zone Government, without exchange of funds, all of the land, facilities, buildings, structures, equipment, furniture, and improvements of or pertaining to the Naval Hospital, Coco Solo, Canal Zone: Provided, That the amount representing the fair value to the Canal Zone Government of the transferred property shall, when approved by the Director, Bureau of the Budget, be added to the investment of the United States in the Canal Zone Government.
Sec. 106.
No appropriation or fund available to the Department
Restriction.
of Defense shall be used after September 1, 1954, for the maintenance and operation of hospitals in the Canal Zone.
Sec. 107.
Section 105, Public Law 153, Eighty-third Congress, is
hereby amended to read as follows:
“Sec. 105.
Amounts expended by the Panama Canal Company in
Reimbursements.
maintaining defense facilities in standby condition for the Department of Defense hereafter shall, notwithstanding any other provisions of law, be fully reimbursable to the Panama Canal Company by the Department of Defense. Amounts expended by the Canal Zone Government for furnishing education, and hospital and medical care to employees of agencies of the United States and their dependents, other than the Panama Canal Company and Canal Zone Government, less amounts payable by such employees and their dependents hereafter shall, notwithstanding any other provision of law, be fully reimbursable to the Canal Zone Government by such agencies. The appropriation or fund of any such other agency bearing the cost of the compensation of the employee concerned is hereby made available for such reimbursements.”
Sec. 108.
This Act may be cited as the Civil Functions Appropriation
Short title.
Act, 1955.
Approved June 30, 1954.