text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/757

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970

699

"(3) provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, or offers a program of training to prepare students for gainful employment in a recognized occupation; and " (4) is a public or other nonprofit institution." (2) The table of sections for such chapter 23 is amended by redesignating the last item as section 3311 and by inserting after the item for section 3308 the following new item: "Sec. 3309. State law coverage of certain services performed for nonprofit organizations and for State hospitals and institutions of higher education."

(c) Section 3303 of the Internal Revenue Code of 1954 is amended esAStat. 44o; by adding at the end thereof the following new subsections: ^^26 USC 3^30*3. "(e) PAYMENTS BY CERTAIN NONPROFIT ORGANIZATIONS.—A State may, without being deemed to violate the standards set forth in subsection (a), permit an organization (or a group of organizations) described in section 501(c)(3) which is exempt from income tax under section 501(a) to elect (in lieu of paying contributions) to pay into the State unemployment fund amounts equal to the amounts of compensation attributable under the State law to service performed in the employ of such organization (or group). "(f) TRANSITION.—To facilitate the orderly transition to coverage of service to which section 3309(a)(1)(A) applies, a State law may ^"f^' P- 697. provide that an organization (or group of organizations) which elects, when such election first becomes available under the State law, to make payments (in lieu of contributions) into the State unemployment fund as provided in section 3309(a)(2), and which had paid contributions into such fund under the State law with respect to such service performed in its employ before January 1, 1969, is not required to make any such payment (in lieu of contributions) on account of compensation paid alter its election as heretofore described which is attributable under the State law to service performed in its employ, until the total of such compensation equals the amount— "(1) by which the contributions paid by such organization (or group) with respect to a period before the election provided by section 3309(a)(2), exceed "(2) the unemployment compensation for the same period which was charged to the experience-rating account of such organization (or ^roiip) or paid under the State law on the basis of wages paid by it or service performed in its employ, whichever is appropriate." (d)(1) SuDJect to the provisions of paragraph (2), the amendments Effective date. rnade by subsections (a) and (b) shall apply with respect to certifications of State laws for 1972 and subsequent years, but only with respect to service performed after December 31, 1971. The amendment made by subsection (c) shall take effect January 1, 1970. (2) Section 3304(a)(6) of the Internal Revenue Code of 1954 (as added by subsection (a) of this section) shall not be a requirement for the State law of any State prior to July 1, 1972, if the legislature of such State does not meet in a regular session which closes during the calendar year 1971. SEC. 105. COVERAGE OF CERTAIN SERVICES PERFORMED OUTSIDE THE UNITED STATES. (a) That portion of section 3306(c) of the Internal Revenue Code of 1954 which precedes paragraph (1) thereof is amended to read ^SA Stat. 449; as follows: 74 Stat. 984.

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16 Is it only ignorance of the annals of Parliament which leads me to doubt whether language of this order, so lordly, so imperious, so patronizing, had ever before or has ever since been heard in either House of the British Parliament, from either side of the table? It was then a 'new style'. To-day it might seem to be either antiquated or premature.

Soon the ex-invalid becomes more serious, and, as the vision of his own great days rises before him, even provocative. Quebec, Wolfe, seem again in view, Amherst, Anson, Clive, Hawke, Rodney, above all, his life-long pride and boast, the reclaimed and enlisted Highlanders.

'I have no local attachments,' he cries. 'It is indifferent to me whether a man was rocked in his cradle on this or that side of the Tweed. I sought for merit wherever it was to be found. It is my boast that I was the first Minister who looked for it and found it in the mountains of the North. I called it forth, and drew into your service a hardy and intrepid race of men—men, who when left by your jealousy, became a prey to the artifices of your enemies, and had gone nigh to overturn the State in the war before the last. These men, in the last war,'—that is in the Canadian War, of which Quebec was the most enduring monument—'these men in the last war, were brought to combat on your side. They served with fidelity as they fought with valour, and conquered for you in every part of the world. Detested be the national reflections against them! They are unjust, groundless, illiberal, unmanly. When I ceased to serve His Majesty as a Minister'—that was in the too well remembered 1761—'it was not the country of the man by which I was moved'—it was not the Scotland of Lord Bute whose influence with the young King had

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Page:United States Statutes at Large Volume 84 Part 1.djvu/758

 700

53 Stat. 183.

Infra, 74 Stat. 986. 26 USC 3306

Effective date.

74 Stat. 985.

PUBLIC LAW 91-373-AUG. 10, 1970

[84 STAT.

"(c) EMPLOYMENT.—For purposes of this chapter, the term 'employment' means any service performed prior to 1955, which was employment for purposes of subchapter C of chapter 9 of the Internal Revenue Code of 1939 under the law applicable to the period in which such service was performed, and (A) any service, of whatever nature, performed after 1954 by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, and (B) any service, of whatever nature, performed after 1971 outside the United States (except in a contiguous country wnth which the United States has an agreement relating to unemployment compensation or in the Virgin Islands) by a citizen of the United States as an employee of an American employer (as defined in subsection (j)(3)), except—". (b) Section 3306(j) of the Internal Revenue Code of 1954 is amended by inserting after paragraph (2) the following new paragraph: "(3) AMERICAN EMPLOYER.—The term 'American employer' means a person who is— (A) an individual who is a resident of the United States, (B) a partnership, if two-thirds or more of the partners are residents of the Ignited States, (C) a trust, if all of the trustees are residents of the United States, or (D) a corporation organized under the laws of the United States or of any State." ^^^ ^ j ^ ^ amendments made by this section shall apply with respect to service performed after December 31, 1971. SEC. 106. STUDENTS AND THEIR SPOUSES ENGAGED IN CERTAIN PROGRAMS; HOSPITAL PATIENTS. (a) ParaoTaph (10) of section 3306(c) of the Internal Revenue Code of 1954 is amended by striking out subparagraph (B) and inserting in lieu thereof the following new subparagraphs: " (B) service performed in the employ of a school, college, or university, if such service is performed (i) by a student who is enrolled and is regularly attending classes at such school, college, or university, or (ii) by the spouse of such a student, if such spouse is advised, at the time such spouse commences to perform such service, that (I) the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university, and ( II) such employment will not be covered by any program of unemployment insurance, or " (C) service performed by an individual under the age of 22 who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to

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Page:United States Statutes at Large Volume 84 Part 1.djvu/759

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970

701

the employer, except that this subparagraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers, or " (D) service performed in the employ of a hospital, if such service is performed by a patient of such hospital;", (b) Subsection (a) shall apply with respect to remuneration paid Effective date. after December 31, 1969. SEC. 107. EX-SERVICEMEN ACCRUED LEAVE TO BE TREATED IN ACCORDANCE WITH STATE LAWS. Effective with respect to benefit years which begin more than 30 Repeal. days after the date of the enactment of this Act, section 8524 of title 6 of the United States Code is repealed. 8° ^'^'- s^i. SEC. 108. COVERAGE OF EMPLOYEES OF HOSPITALS AND INSTITUTIONS OF HIGHER EDUCATION OPERATED BY POLITICAL SUBDIVISIONS OF STATES. (a) Section 3304(a) of the Internal Revenue Code of 1954 (as amended by sections 104, 121(a), and 206 of this Act) is further amended by adding after paragraph (11) (as added by section 206 of this Act) the following new paragraph: "(12) each political subdivision of the State shall have the right to elect to have compensation payable to employees thereof (whose services are not otherwise subject to such law) based on service performed by such employees in the hospitals and institutions of higher education (as defined in section 3309(d)) operated Ante, p. 698. by such political subdivision; and, if any such political subdivision does elect to have compensation payable to such employees thereof (A) the political subdivision shall pay into the State unem> ^q--.^ ployment fund, with respect to the service of such employees, payments (in lieu of contributions), and (B) such employees will be entitled to receive, on the basis of such service, compensation payable on the same basis, in the same amount, on the same terms, and subject to the same conditions as compensation which is payable on the basis of similar service for the State which is subject to such law;". (b) The amendment made by subsection (a) shall apply with respect ex^epuon!"^'*^' to certification of State laws for 1972 and subsequent years; except that section 3304(a) (12) of the Internal Revenue Code of 1954 (as added by subsection (a)) shall not be a requirement for the State law of any State prior to July 1, 1972, if the legislature of such State does not meet in a regular session which closes during the calendar year 1971, or prior to January 1, 1975, if compliance with such requirement would i ^ - .necessitate a change in the constitution of such State.

PART B—PROVISIONS OF STATE LAW SEC. 121. PROVISIONS REQUIRED TO BE INCLUDED IN STATE LAWS. (a) Section 3304(a) of the Internal Revenue Code of 1954 is amended by inserting after paragraph (6) (added by section 104(a) of this Act) the following new paragraphs: "(7) an individual who has received compensation during his benefit year is required to have had work since the beginning of such year in order to qualify for compensation in his next benefit year; "(8) compensation shall not be denied to an individual for any week because he is in training with the approval of the State agency (or because of the application, to any such week in training, of State law provisions relating to availability for work, active search for work, or refusal to accept w o r k);

f'f...*;.• t8 A 8 d

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Page:United States Statutes at Large Volume 84 Part 1.djvu/760

 702

PUBLIC LAW 91-373-AUG. 10, 1970

Effective date. Exception.

es^st'it^liaJ!"' 26 USC 330*3.

Effective date.

68A Stat. 445.

Ante,

p. 697.

[84 STAT.

"(9)(A) compensation shall not be denied or reduced to an individual solely because he files a claim in another State (or a contiguous country with which the United States has an agreement with respect to unemployment compensation) or because he resides in another State (or such a contiguous country) at the time he files a claim for unemployment compensation; " (B) the State shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under the State law with his wages and employment covered under the unemployment compensation law of other States which are approved by the Secretary of Labor in consultation with the State unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations. Any such arrangement shall include provisions for (i) applying the base period of a' single State law to a claim involving the combining of an individual's wages and employment covered under two or more State laws, and (ii) avoiding duplicate use of wages and employment by reason of such combining; "(10) compensation shall not be denied to any individual by reason of cancellation of wage credits or total reduction of his benefit rights for any cause other than discharge for misconduct connected with his work, fraud in connection with a claim for compensation, or receipt of disqualifying income;". (jj)(1) Subjcct to the provisions of paragraph (2), the amendments made by subsection (a) shall take effect January 1, 1972, and shall apply to the taxable year 1972 and taxable years thereafter. (2) Paragraphs (7) through (10) of section 3304(a) of the Internal Revenue Code of 1954 (as added by subsection (a) of this section) shall not be requirements for the State law of any State prior to July 1, 1972, if the legislature of such State does not meet in a regular session which closes during the calendar year 1971. SEC. 122. ADDITIONAL CREDIT BASED ON REDUCED RATE FOR NEW EMPLOYERS. (a) Section 3303(a) of the Internal^ Revenue Code of 1954 is amended by striking out "on a 3-year basis," in the sentence following paragraph (3) and inserting in lieu thereof "on a 3-year basis (i) " and by striking out the period at the end of such sentence and inserting in lieu thereof ", or (ii) a reduced rate (not less than 1 percent) may be permitted by the State law on a reasonable basis other than as permitted by paragraph (1), (2), or (3)." (jj) T}^^ amendments made by subsection (a) shall apply with respect to taxable years beginning after December 31, 1971. SEC. 123. CREDITS ALLOWABLE TO CERTAIN EMPLOYERS. Section 3305 of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following new subsection: "(j) DENIAL or CREDITS I N CERTAIN CASES.—Any person required, pursuant to the permission granted by this section, to make contributions to an unemployment fund under a State unemployment compensation law approved by the Secretary of Labor under section 3304 shall not be entitled to the credits permitted, with respect to the unemployment compensation law of a State, by subsections (a) and (b) of section 3302 against the tax imposed by section 3301 for any taxable year after December 31, 1971, if, on October 31 of such taxable year, the Secretary of Labor certifies to the Secretary his finding, after reasonable notice and opportunity for hearing to the State agency, that the unemployment compensation law of such State is inconsistent with any one or more of the conditions on the basis of which such permission is granted or that, in the application of the State law with

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Page:United States Statutes at Large Volume 84 Part 1.djvu/761

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970

respect to the 12-month period ending on such October 31, there has been a substantial failure to comply with any one or more of such conditions. For purposes of section 3310, a finding of the Secretary of Labor under this subsection shall be treated as a finding under section 3304(c)."

703

Post, p. 704.

PART C—JUDICIAL REVIEW SEC. 131. (a) Title III of the Social Security Act is amended by ^^^^tat. 626; adding at the end thereof the following new section: ^^42 USC^ 501. «JUDICIAL REVIEW "SEC. 304. (a) Whenever the Secretary of Labor— " (1) finds that a State law does not include any provision specified in section 303(a), or 68 Stat. 673. "(2) makes a finding with respect to a State under subsection '^^ ^^^ s'*^(b) or (c) of section 303, 64 Stat. seo; such State may, within 60 days after the Governor of the State has S2 stat, 1112. been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28, United States Code. 72 Stat. 941; "(b) The findings of fact by the Secretary of Labor, if supported«° ^'^'- ^323. by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(c) The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code. 62 Stat. 928. " (d)(1) The Secretary of Labor shall not withhold any certification for payment to any State under section 302 until the expiration 49 Stat. 626. of 60 days after the Governor of the State has been notified of the '^^ "^^ ^°^action referred to in paragraph (1) or (2) of subsection (a) or until the State has filed a petition for review of such action, whichever is earlier. " (2) The commencement of judicial proceedings under this section shall stay the Secretary's action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary's action and including such other relief as may be necessary to preserve status or rights. "(e) Any judicial proceedings under this section shall be entitled to, and, upon request of the Secretary or the State, shall receive a preference and shall be heard and determined as expeditiously as possible." (b)(1) Chapter 23 of the Internal Revenue Code of 1954 is ^"'«. P-697. amended by inserting after section 3309 (added by section 104(b)(1) of this Act) the following new section:

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Page:United States Statutes at Large Volume 84 Part 1.djvu/762

 704

PUBLIC LAW 91-373-AUG. 10, 1970

Post. p. 707. ^"''•^*

sJltlThlV''

62 Stat. 928.

p68A stat^^444; ^6 USC 3304.

'

[84 STAT.

"SEC. 3310. JUDICIAL REVIEW. u(^^^ i^ GENERAL.—Whenever under section 3303(b) or section 3304(c) the Secretary of Labor makes a finding pursuant to which he is required to withhold a certification with respect to a State under such section, such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of "(b) FINDINGS OF FACT.—The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence, and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(c) JURISDICTION or COURT; REVIEW.—The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code. " (d) STAY OF SECRETARY OF LABOR'S ACTION.—
 * ^^^^ ^^ ^* *^^ United States Code.

"(1) The Secretary of Labor shall not withhold any certification under section 3303(b) or section 3304(c) until the expiration of 60 days after the Governor of the State has been notified of ithe action referred to in subsection (a) or until the State has filed a petition for review of such action, whichever is earlier. "(2) The commencement of judicial proceedings under this section shall stay the Secretary's action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further slay of the Secretary's action and including such other relief as may be necessary to preserve status or rights. " (e) PREFERENCE.—Any judicial proceedings under this section shall be entitled to, and, upon request of the Secretary or the State, shall receive a preference and shall be heard and determined as expeditiously as possible." [g) Section 3304(c) of the Internal Revenue Code of 1954 is amended to read as follows: "(c) CERTIFICATION.—On December 31 of each taxable year the Secretary of Labor shall certify to the Secretary each State whose law he has previously approved, except that he shall not certify any State which, after reasonable notice and opportunity for hearing to the State agency, the Secretary of Labor finds has amended its law so that it no longer contains the provisions specified in subsection (a) or has with respect to the taxable year failed to comply substantially with any such provision in such subsection. No finding of a failure to comply substantially with any provision in paragraph (5) of subsection (a) shall be based on an application or interpretation of State law (1) until all administrative review provided for under the laws of the State has been exhausted, or (2) with respect to which the time for judicial review provided by the laws of the State has not expired, or (3) with respect to which any judicial review is pending."

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Page:United States Statutes at Large Volume 84 Part 1.djvu/763

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970

705

(3) The table of sections for such chapter 23 is amended by adding after the item relating to section 3309 (added by section 104(b)(2) of this Act) the following: "Sec. 3310. Judicial review." P A R T D—ADMINISTRATION SEC. 141. RESEARCH PROGRAM, TRAINING GRANTS AND FEDERAL ADVISORY COUNCIL. Title IX of the Social Security Act is amended by adding at theyjl^^l\^\^''°' end thereof the following new sections: 42 USC 11011105. "UNEMPLOYMENT COMPENSATION RESEARCH PROGRAM

,fci V

"SEC. 906. (a) The Secretary of Labor shall— "(1) establish a continuing and comprehensive program of research to evaluate the unemployment compensation system. Such research shall include, but not be limited to, a program of factual studies covering the role of unemployment compensation under varying patterns of unemployment including those in seasonal industries, the relationship between the unemployment compensation and other social insurance programs, the eifect of State eligibility and disqualification provisions, the personal characteristics, family situations, employment background and experience of claimants, with the results of such studies to be made public; and "(2) establish a program of research to develop information (which shall be made public) as to the effect and impact of extending coverage to excluded groups with first attention to agricultural ^.r^siv; labor. " (b) To assist in the establishment and provide for the continuation Appropriation. of the comprehensive research program relating to the unemployment compensation system, there are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter, such sums, not to exceed $8,000,000, as may be necessary to carry Contract out the purposes of this section. From the sums authorized to be appro- a^^h "r7ty' priated by this subsection the Secretary may provide for the conduct of such research through grants or contracts. ((PERSONNEL TRAINING "SEC. 907. (a) I n order to assist in increasing the effectiveness and efficiency of administration of the unemployment compensation program by increasing the number of adequately trained personnel, the Secretary of Labor shall— "(1) pro vide directly, through State agencies, or through contracts with institutions of higher education or other qualified agencies, organizations, or institutions, programs and courses designed to train individuals to prepare them, or improve their qualifications, for service in the administration of the unemployment compensation program, including claims determinations and adiudication, with such stipends and allowances as may be permitted under regulations of the Secretary; "(2) develop training materials for and provide technical assistance to the State agencies in the operation of their training programs; "(3) under such regulations as he may prescribe, award fellowships and traineeships to persons in the Federal-State employment security agencies, in order to prepare them or improve

U/

•

Regulations.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/764

 706

Repayment,

Federal and State employees, detail.

79 Stat. 51; Ante, p. 142, 20 USC 867. Appropriation.

PUBLIC LAW 91-373-AUG. 10, 1970

[84 STAT.

their qualifications for service in the administration of the unemployment compensation program. "(b) The Secretary may, to the extent that he finds such action to be necessary, prescribe requirements to assure that any person receiving a fellowship, traineeship, stipend or allowance shall repay the costs thereof to the extent that such person fails to serve in the FederalState employment security program for the period prescribed by the Secretary. The Secretary may relieve any individual of his obligation to so repay, in whole or in part, whenever and to the extent that such repayment would, in his judgment, be inequitable or would be contrary to the purposes of any of the programs established by this section. "(c) The Secretary, with the concurrence of the State, may detail Federal employees to State unemployment compensation administration and the Secretary may concur in the detailing of State employees to the United States Department of Labor for temporary periods for training or for purposes of unemployment compensation administration, and the provisions of section 507 of the Elementary and Secondary Education Act of 1965 (79 Stat. 27) or any more general program of interchange enacted by a law amending, supplementing, or replacing section 507 shall apply to any such assignment. " (d) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter such sums, not to exceed $5,000,000, as may be necessary to carry out the purposes of this section. "FEDERAL ADVISORY COUNCIL

Members.

Appointment.

Compensation,

80 Stat. 499; S3 Stat. 190,

Appropriation.

"SEC. 908. (a) The Secretary of Labor shall establish a Federal Advisory Council, of not to exceed 16 members including the chairman, for the purpose of reviewing the Federal-State program of unemployment compensation and making recommendations to him for improvement of the system. "(b) The Council shall be appointed by the Secretary without regard to the civil service laws and shall consist of men and women who shall be representatives of employers and employees in equal numbers, and the public. "(c) The Secretary may make available to the Council an Executive Secretary and secretarial, clerical, and other assistance, and such pertinent data prepared by the Department of Labor, as it may require to carry out its functions. " (d) Members of the Council shall, while serving on business of the Council, be entitled to receive compensation at rates fixed hj the Secretary, but not exceeding $100 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by 5 TT.S.C. 5703(b) for persons in government service employed intermittently. "(e) The Secretary shall encourage the organization of similar State advisory councils. "(f) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter such sums, not to exceed $100,000, as may be necessary to carry out the purposes of this section."

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Page:United States Statutes at Large Volume 84 Part 1.djvu/765

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970

SEC. 142. CHANGE IN CERTIFICATION DATE. (a) Section 3302(a)(1) of the Internal Revenue Code of 1954 is T

T T

amended by— (1) striking out "for the taxable year" after "certified"; and (2) inserting before the period at the end thereof the following: "for the 12-month period ending on October 31 of such year (10month period in the case of October 31, 1972)". (b) Section 3302(b) of such Code is amended by— (1) striking out "for the taxable year" after "certified"; (2) striking out " ( o r with respect to any provisions thereof so certified)," and inserting in lieu thereof the following: "for the 12-month period ending on October 31 of such year (10-month period in the case of October 31, 1972), or with respect to any provisions thereof so certified,"; and (3) striking out "the taxable year" the last place it appears and inserting in lieu thereof "such 12 or 10-month period, as the case may be,". (c) Section 3303(b)(1) of such Code is amended to read as follows: "(1) On October 31 of each calendar year, the Secretary of Labor shall certify to the Secretary the law of each State (certified by the Secretary of Labor as provided in section 3304 for the 12-month period ending on such October 31 (10-month period in the case of October 31, 1972)), with respect to which he finds that reduced rates of contributions were allowable with respect to such 12- or 10-month period, as the case may be, only in accordance with the provisions of subsection (a). " (d) Section 3303(b)(2) of such Code is amended by— (1) striking out "taxable year" w'here it first appears and inserting in lieu thereof "12-month period ending on October 31 (10-month jjeriod in the case of October 31, 1972)"; (2) striking out "on December 31 of such taxable year" following the words "the Secretary of Labor shall" and inserting in lieu thereof "on such October 3 1 "; and (3) striking out "taxable year" after "contributions were allowable with respect to such" and inserting in lieu thereof "12- or 10-month period, as the case may be,". (e) Section 3303(b)(3) of such Code is amended by— (1) striking out ''taxable year" where it first appears and inserting in lieu thereof "12-month period ending on October 31 (10-month period in the case of October 31, 1972)"; (2) striking out "taxable year," where it next appears and inserting in lieu thereof "12 or 10-month period, as the case may be,". (f) Section 3304(c) of such Code, as amended by section 131(b)(2) of this Act, is further amended to read as follows: "(c) CERTIFICATION.—On October 31 of each taxable year the Secretary of Labor shall certify to the Secretary each State whose law he has previously approved, except that he shall not certify any State which, after reasonable notice and opportunity for hearing to the State agency, the Secretary of Labor finds has amended its law so that it no longer contains the provisions specified in subsection (a) or has with respect to the 12-month period ending on such October 31 failed to comply substantially with any such provision in such subsection. No finding of a failure to comply substantially with any provision in paragraph (5) of subsection (a) shall be based on an application or interpretation of State law (1) until all administrative review provided for under the laws of the State has been exhausted, or (2) with respect to which the time for judicial review provided by the laws of the State has not expired, or (3) with respect to which any judicial review is pending. On October 31 of any taxable year after 1971, the

707 68A Stat. 439. 2o U o C 3 3 0 2.

^"f'^-

^"'®' P- ^O"*-

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Page:United States Statutes at Large Volume 84 Part 1.djvu/766

 708

2ru?c'i3o?*

PUBLIC LAW 91-373-AUG. 10, 1970

Secretary shall not certify any State which, after reasonable notice and opportunity for hearing to the State agency, the Secretary of Labor finds has failed to amend its law so that it contains each of the provisions required by reason of the enactment of the Employment Security Amendments of 1970 to be included therein, or has with respect to the 12-month period (10-month period in the case of October 31, 1972) ending on such October 31, failed to comply substantially with any such provision." (S) Section 3304(d) of such Code is amended by striking out "If, at any time during the taxable year," and inserting in lieu thereof "If at any time". (h) Section 3304 of such Code is amended by adding at the end thereof the following new subsection: " (e)

Effective date.

[84 STAT.

CHANGE OF L A W DURING 12-MONTH PERIOD.—Whenever—

"(1) any provision of this section, section 3302, or section 3303 refers to a 12-month period ending on October 31 of a year, and "(2) the law applicable to one portion of such period differs from the law applicable to another portion of such period, then such provision shall be applied by taking into account for each such portion the law applicable to such portion." ^j^ rpj^^ amendments made by this section shall apply with respect to the taxable year 1972 and taxable years thereafter.

TITLE II—FEDERAL-STATE EXTENDED UNEMPLOYMENT COMPENSATION PROGRAM SHORT TITLE

cuation of

title

g^^ 201. Thls title may be cited as the "Federal-State Extended Unemployment Compensation Act of 1970". P A Y M ENT OF EXTENDED C O M P E N S A T I O N

P o s t, p. 712.

^

State Law Requirements SEC. 202. (a)(1) For purposes of section 3304(a) (11) of the Internal Revenue Code of 1954, a State law shall provide that payment of extended compensation shall be made, for any week of unemployment which begins in the individual's eligibility period, to individuals who have exhausted all rights to regular compensation under the State law and who have no rights to regular compensation with respect to such week under such law or any other State unemployment compensation law or to compensation under any other Federal law and are not receiving compensation with respect to such week under the unemployment compensation law of the Virgin Islands or Canada. For purposes of the preceding sentence, an individual shall have exhausted his rights to regular compensation under a State law (A) when no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on employment or wages during his base period, or (B) when his rights to such compensation have terminated by reason of the expiration of the benefit year with respect to which such rights existed. (2) Except where inconsistent with the provisions of this title, the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for extended compensation and to the payment thereof.

•Hii ^i'i •.;.•

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Page:United States Statutes at Large Volume 84 Part 1.djvu/767

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970

709

Individuals' Compensation Accounts (b)(1) The State law shall provide that the State will establish, for each eligible individual who files an application therefor, an extended compensation account with respect to such individual's benefit year. The amount established in such account shall be not less than whichever of the following is the least: (A) 50 per centum of the total amount of regular compensation (including dependents' allowances) payable to him during such benefit year under such law, (B) thirteen times his average weekly benefit amount, or (C) thirty-nine times his average weekly benefit amount, reduced by the regular compensation paid (or deemed paid) to him during such benefit year under such law; except that the amount so determined shall (if the State law so provides) be reduced by the aggregate amount of additional compensation paid (or deemed paid) to him under such law for prior weeks of unemployment in such benefit year which did not begin in an extended benefit period. (2) For purposes of paragraph (1), an individual's weekly benefit amount for a week is the amount of regular compensation (including dependents' allowances) under the State law payable to such individual for such week for total unemployment, EXTENDED B E N E F I T PERIOD

^

Beginning and Ending

SEC. 203. (a) For purposes of this title, in the case of any State, an extended benefit period— (1) shall begin with the third week after whichever of the following weeks first occurs: (A) a week for which there is a national "on" indicator, or (B) a week for which there is a State "on" indicator; and (2) shall end with the third week after the first week for which there is both a national "off" indicator and a State "off" indicator. Special Rules (b)(1) I n the case of any State— (A) no extended benefit period shall last for a period of less than thirteen consecutive weeks, and (B) no extended benefit period may begin by reason of a State "on" indicator before the fourteenth week after the close of a prior extended benefit period with respect to such State. (2) When a determination has been made that an extended benefit ^i^"^i\''^"!?„!". Federal Register, period is beginning or ending with respect to a State (or all the States), the Secretary shall cause notice of such determination to be published in the Federal Register. Eligibility Period (c) For purposes of this title, an individual's eligibility period under the State law shall consist of the weeks in his benefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such extended benefit period.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/768

 710

PUBLIC LAW 91-373-AUG. 10, 1970

[84 STAT.

National "On" and "Off" Indicators (d) For purposes of this section— (1) There is a national "on" indicator for a week if for each of the three most recent calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all States equaled or exceeded 4.5 per centum (determined by reference to the average monthly covered employment for the first four of the most recent six calendar quarters ending before the month in question). (2) There is a national "off" indicator for a week if for each of the three most recent calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all States was less than 4.5 per centum (determined by reference to the average monthly covered employment for the first four of the most recent six calendar quarters ending before the month in question). State "On" and "Off" Indicators (e) For purposes of this section— (1) There is a State "on" indicator for a week if the rate of insured unemployment under the State law for the period consisting of such week and the immediately preceding twelve weeks— (A) equaled or exceeded 120 per centum of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and (B) equaled or exceeded 4 per centum. (2) There is a State "off" indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, either subparagraph (A) or subparagraph (B) of paragraph (1) was not satisfied. For purposes of this subsection, the rate of insured unemployment for any 13-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters ending before the close of such period. Rate of Insured Unemployment; Covered Employment (f)(1) For purposes of subsections (d) and (e), the term "rate of insured unemployment" means the percentage arrived at by dividing— (A) the average weekly number oi individuals filing claims for weeks of imemployment with respect to the specified period, as determined on the basis of the reports made by all State agencies (or, in the case of subsection (e), by the State agency) to the Secretary, by (B) the average monthly covered employment for the specified period. (2) Determinations under subsection (d) shall be made by the Secretary in accordance with regulations prescribed by him. (3) Determinations under subsection (e) shall be made by the State agency in accordance with regulations prescribed by the Secretary.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/769

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970 P A Y M E N T S TO STATES

Amount Payable SEC. 204. (a)(1) There shall be paid to each State an amount equal to one-half of the sum of— (A) the sharable extended compensation, and (B) the sharable regular compensation, paid to individuals under the State law. (2) No payment shall be made to any State under this subsection in respect of compensation for which the State is entitled to reimbursement under the provisions of any Federal law other than this Act. Sharable Extended Compensation (b) For purposes of subsection (a)(1)(A), extended compensation paid to an individual for weeks of unemployment in such individual's eligibility period is sharable extended compensation to the extent that the aggregate extended compensation paid to such individual with respect to any benefit year does not exceed the smallest of the amounts referred to in subparagraphs (A), (B), and (C) of section 202(b)(1). Sharable Regular Compensation (c) For purposes of subsection (a)(1)(B), regular compensation paid to an individual for a week of unemployment is sharable regular compensation— (1) if such week is in such individuaFs eligibility period (determined under section 203(c)), and (2) to the extent that the sum of such compensation, plus the regular compensation paid (or deemed paid) to him with respect to prior weeks of unemployment in the benefit year, exceeds twenty-six times (and does not exceed thirty-nine times) the average weekly benefit amount (including allowances for dependents) for weeks of total unemployment payable to such individual under the State law in such benefit year. Payment on Calendar Month Basis (d) There shall be paid to each State either in advance or by way of reimbursement, as may be determined by the Secretary, such sum as the Secretary estimates the State will be entitled to receive under this title for each calendar month, reduced or increased, as the case may be, by any sum by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made upon the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency. Certification (e) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payment to the State in accordance with such certification, by transfers from the extended unemployment compensation account to the account of such State in the Unemployment Trust Fund. 47-348 O - 72 - 49 (Pt. 1)

711

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Page:United States Statutes at Large Volume 84 Part 1.djvu/770

 712

PUBLIC LAW 91-373-AUG. 10, 1970

[84 STAT.

DEFINITIONS

8i^stat*^2i8^^' 5 USC 8501.

26 USC 3304.

SEC. 205. For purposes of this title— (1) The term "compensation" means cash benefits payable to individuals with respect to their unemployment. (2) The term "regular compensation" means compensation payable to an individual under any State unemployment compensation law (including compensation payable pursuant to 5 U.S.C. chap^®^ ^ ^) ' ^^^^^ than extended compensation and additional compensation. (3) The term "extended compensation" means compensation (including additional compensation and compensation payable pursuant to 5 U.S.C. chapter 85) payable for weeks of unemployment beginning in an extended benefit period to an individual under those provisions of the State law which satisfy the requirements of this title with respect to the payment of extended compensation. (4) The term "additional compensation" means compensation payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors. (5) The term "benefit year" means the benefit year as defined in the applicable State law. (6) The term "base period" means the base period as determined under applicable State law for the benefit year. (7) The term "Secretary" means the Secretary of Labor of the United States. (8) The term "State" includes the District of Columbia and the Commonwealth of Puerto Rico. (9) The term "State agency" means the agency of the State which administers its State law. (10) The term "State law" means the unemployment compensation law of the State, approved by the Secretary under section 3304 of the Internal Revenue Code of 1954. (11) The term "week" means a week as defined in the applicable State law. APPROVAL or STATE L A W S

Ante,

p. 701.

Ante. p. 708.

SEC. 206. Section 3304(a) of the Internal Revenue Code of 1954 is amended by inserting after paragraph (10) (added by section 121(a) of this Act) the following new paragraph: "(11) extended compensation shall be payable as provided by the Federal-State Extended Unemployment Compensation Act of 1970

EFFECTIVE DATES

SEC. 207. (a) Except as provided in subsection (b) — (1) in applying section 203, no extended benefit period may begin with a week beginning before January 1, 1972; and (2) section 204 shall apply only with respect to weeks of unemployment beginning after December 31, 1971. (b)(1) In the case of a State law approved under section 3304(a) (11) of the Internal Revenue Code of 1954, such State law may also provide that an extended benefit period may begin with a week established pursuant to such law which begins earlier than January 1, 1972, but not earlier than 60 days after the date of the enactment of this Act. (2) For purposes of paragraph (1) with respect to weeks beginninij before January 1, 1972, the extended benefit period for the State shall be determined under section 203(a) solely by reference to the State "on" indicator and the State "off" indicator.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/771

 84 STAT.

PUBLIC LAW 91-373-AUG. 10, 1970

(3) I n the case of a State law containing a provision described in paragraph (1), section 204 shall also apply with respect to weeks of unemployment in extended benefit periods determined pursuant to paragraph (1). (c) Section 3304(a) (11) of the Internal Revenue Code of 1954 (as added by section 206) shall not be a requirement for the State law of any State— (1) in the case of any State the legislature of which does not meet in a regular session which closes during the calendar year 1971, with respect to any week of unemployment which begins prior to July 1, 1972; or (2) in the case of any other State, with respect to any week of imemployment which begins prior to January 1, 1972.

713

Exception.

TITLE III—FINANCING PROVISIONS SEC. 301. RATE OF TAX. (a) Effective with respect to remuneration paid after December 31, 1969, section 3301 of the Internal Revenue Code of 1954 is amended to jy^lt^'l\ ^^-'•' read as follows: 26 USC 3301. "SEC. 3301. RATE OF TAX. "There is hereby imposed on every employer (as defined in section 3306(a)) for the calendar year 1970 and each calendar year thereafter Ante, p. 696. an excise tax, with respect to having individuals in his employ, equal to 3.2 percent of the total wages (as defined in section 3306(b)) paid gi^stltfgas^^'' by him during the calendar year with respect to employment (as Ante, p. 699. defined in section 3306(c))." (b) For purposes of section 6157 of the Internal Revenue Code of Stat. 9 1. 1954 (relating to payment of Federal unemployment tax on quarterly 83 USC 6157. 26 or other time period basis), in computing tax as required by subsections (a)(1) and (2) of such section, the percentage contained in Ante, p. 696. subsection (b) of such section applicable with respect to wages paid in any calendar quarter in 1970 ending before the date of the enactment of this Act shall be treated as being 0.4 percent. SEC. 302. INCREASE IN WAGE BASE. Effective with respect to remuneration paid after December 31, 1971, Effective date. section 3306(b)(1) of the Internal Revenue Code of 1954 is amended by striking out "$3,000" each place it appears and inserting in lieu thereof "$4,200". SEC. 303. CHANGES IN EMPLOYMENT SECURITY ADMINISTRATION ACCOUNT. (a) Section 901(c) of the Social Security Act is amended, effective ^7 Stat. 51; with respect to fiscal years after June 30, 1970, by— ^^42 USC^^rioi, (1) changing paragraph (1) to read as follows: "(1) There are hereby authorized to be made available for expenditure out of the employment security administration account for the fiscal year ending June 30, 1971, and for each fiscal year thereafter— " (A) such amounts (not in excess of the applicable limit provided by paragraph (3) and, with respect to clause (ii), not in excess of the limit provided by paragraph (4)) as the Congress may deem appropriate for the purpose of— "(i) assisting the States in the administration of their unemployment compensation laws as provided in title III ^"'^' P- ^oa. (including administration pursuant to agreements under any Federal unemployment compensation law),

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Page:United States Statutes at Large Volume 84 Part 1.djvu/772

 714

PUBLIC LAW 91-373-AUG. 10, 1970

48 s*^'- " 3. 76ltTt%V

Ante, p. 703. ' j^42 USC 501, 68A Stat. 439; II Stat. 983; 26 USC 3301. ^8 Stat. 113. 72 Stat. 221; ^^3^*us ^^^' °°^'

Post, p. 715.

Post,

p. 716.

74 Stat. 974; 83 Stat, 93

42 USC 1101.

[84 STAT.

"(ii) the establishment and maintenance of systems of public employment oiRces in accordance with the Act of June 6, 1933, as amended (29 U.S.C., secs. 49-49n), and " (iii) carrying into effect section 2003 of title 38 of the United States Code,• " (B) such amounts (not in excess of the limit provided by paragraph (4) with respect to clause (iii)) as the Congress may deem appropriate for the necessary expenses of the Department of Labor for the performance of its functions under— "(ii) the Federal Unemployment Tax Act, "(iii) the provisions of the Act of June 6, 1933, as amended, «(jy) chapter 41 (except section 2003) of title 38 of the United States Code, and "(v) any Federal unemployment compensation law. The term 'necessary expenses' as used in this subparagraph (B) shall include the expense of reimbursing a State for salaries and other expenses of employees of such State temporarily assigned or detailed to duty with the Department of Labor and of paying such employees for travel expenses, transportation of household goods, and per diem in lieu of subsistence while away from th'iir regular duty stations in the State, at rates authorized by law for civilian employees of the Federal Government." (2) deleting the sentence commencing with the words "In determining" in paragraph (2); (3) amending paragraph (3) to read as follows: "(3)(A) For purposes of paragraph (1)(A), the limitation on the amount authorized to be made available for any fiscal year after June 30, 1970, is, except as provided in subparagraph (3) ^^^ ij^ ^l^g second sentence of section 9 0 1 (f)(3)(A), an amount equal to 95 percent of the amount estimated and set forth in the budget of the United States Government for such fiscal year as the amount by which the net receipts during such year under the Federal Unemployment Tax Act will exceed the amount transferred under section 905(b) during such year to the extended unemployment compensation account. " (B) The limitation established by subparagraph (A) is increased by any unexpended amount retained in the employment security administration account in accordance with section 901(f)(2)(B). " (C) Each estimate of net receipts under this paragraph shall be based upon a tax rate of 0.5 percent." (4) adding a new paragraph (4) as follows: "(4) For purposes of paragraph (1)(A) (ii) and (l)(B) ( i i i) the amount authorized to be made available out of the employment security administration account for any fiscal year after June 30, 1972, shall reflect the proportion of the total cost of administering the system of public employment offices in accordance with the Act of June 6, 1933, as amended, and of the necessary expenses of the Department of Labor for the performance of its functions under the provisions of such Act, as the President determines is an appropriate charge to the employment security administration account, and reflects in his annual budget for such year. The President's determination, after consultation with the Secretary, shall take into account such factors as the relationship between employment subject to State laws and the total labor force in the United States, the number of claimants and the number of job applicants, and such other factors as he finds relevant."

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Page:United States Statutes at Large Volume 84 Part 1.djvu/773

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970

715

(b) Section 901(d) of the Social Security Act is amended by—^ 42 USC iloi. (1) deleting the reference to "section 3302(c)(2) or (3) " in subparagraph (A)(i) and inserting in place thereof "section 3302(c)(3)''; (2) deleting the final sentence in paragraph (1); (3) deleting paragraph (2) and redesignating paragraph (3) as paragraph (2). (c) Section 901(e)(2) of the Social Security Act is amended effective July 1, 1972, by deleting "is $250,000,000" and inserting in lieu thereof "equals 40 percent of the amount of the total appropriation by the Congress out of the employment security administration account for the preceding fiscal year". (d) Effective with respect to fiscal years after June 30, 1972, section 74 Stat. 9 7 3. 901(f) of the Social Security Act is amended— (1) by inserting "and section 9 0 1 (f)(3)(C) " after "section 83 Stat. 9 3. 9 0 2 (b) " i n paragraph (2)(A); and (2) by revising paragraph (3) to read as follows: "(3)(A) The excess determined as provided in paragraph (2) as of the close of any fiscal year after June 30, 1972, shall be retained (as of the beginning of the succeeding fiscal year) in the employment security administration account until the amount in such account is equal to 40 percent of the amount of the total appropriation by the Congress out of the employment security administration account for the fiscal year for which the excess is determined. Three-eighths of the amount in the employment security administration account as of the beginning of any fiscal year after June 30, 1972, or $150 million, whichever is the lesser, is authorized to be made available for such fiscal year pursuant to subsection (c)(1) for additional costs of administration due to an increase in the rate of insured unemployment for a calendar quarter of at least 15 percent over the rate of insured unemployment for the corresponding calendar quarter in the immediately preceding fiscal year. " (B) If the entire amount of the excess determined as provided in paragraph (2) as of the close of any fiscal year after June 30, 1972, is not retained in the employment security administration account, there shall be transferred (as of the beginning of the succeeding fiscal year) to the extended unemployment compensation account the balance of such excess or so much thereof as is required to increase the amount in the extended unemployment compensation account to the limit provided in section 905(b)(2). 7775 Stat. 5 1 IS; Stat. . " (C) If as of the close of any fiscal year after June 30, 1972, "42^50 Vios. the amount in the extended unemployment compensation account exceeds the limit provided in section 905(b)(2), such excess shall be transferred to the employment security administration account as of the close of such fiscal year."

SEC. 304. TRANSFERS TO FEDERAL UNEMPLOYMENT ACCOUNT AND REPORT TO CONGRESS. (a) So much of section 902 of the Social Security Act as precedes subsection (b) is amended to read as follows:

74 Stat. 974. 42 USC 1102.

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Page:Lord Chatham as an Orator.djvu/22

Rh forced him to resign—'but the man of that country wanted wisdom, and held principles incompatible with freedom.'

But so far our leader has only been skirmishing. Now he brings up his battalions closer to the point of attack. America alone is now his theme—the Taxation of America; the fierce rebellion in America, which the last mails have announced; the present attempt of Ministers to repeal the abominable Stamp Act.

He begins, as often, with a touch of not ungraceful egotism. I think we may say that in political speeches egotism, if it does not disgust, is rather a favourite. Even in dull ears there is an involuntary pricking up at the most delicate overture of a 'l'État c'est moi'. But the egotist must be a Somebody, if not quite a Louis XIV.

'It is a long time, Mr. Speaker,' so Mr. Pitt begins, 'since I have attended in Parliament. When the resolution was taken in this House of Commons'—that is, as we have seen, early in 1765 by his brother-in-law George Grenville—'I was ill in bed.' The gout, as we shall see, and the crutch play a prominent part in Pitt's later oratory.

'If,' he continues, 'if I could have endured to be carried in my bed, so great was the agitation of my mind, I would have solicited some kind hand to have laid me down on this floor, to have borne my testimony against it! It is now an Act that has passed. I would speak with decency of every Act of this House, but I must beg the indulgence of the House to speak of it with freedom.'

Then he proceeds to give his now well-known opinion of what we should call the unconstitutional character of the Stamp Act.

'It is my opinion that this kingdom has no right to lay a tax upon the Colonies.... The colonists are

title: Page:Lord Chatham as an Orator.djvu/22


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Page:United States Statutes at Large Volume 84 Part 1.djvu/774

 716

PUBLIC LAW 91-373-AUG. 10, 1970

[84 STAT.

"TRANSFERS TO FEDERAL UNEMPLOYMENT ACCOUNT AND REPORT TO CONGRESS

((TRANSFERS TO FEDERAL UNEMPLOYMENT 74 Stat. 973. 42 USC 1101. An<e, p. 715.

74 Stat. 974. 42 USC 1102

ACCOUNT

"SEC. 902. (a) Whenever the Secretary of the Treasury determines pursuant to section 901(f) that there is an excess in the employment security administration account as of the close of any fiscal year and the entire amount of such excess is not retained in the employment security administration account or transferred to the extended unemployment compcusation account as provided in section 901(f)(3), there shall be transferred (as of the beginning of the succeeding fiscal year) to the Federal unemployment account the balance of such excess or so much thereof as is required to increase the amount in the Federal unemployment account to whichever of the following is the "(1) $550million,or " (2) the amount (determined by the Secretary of Labor and certified by him to the Secretary of the Treasury) equal to oneeighth of 1 percent of the total wages subject (determined without any limitation on amount) to contributions under all State unemployment compensation laws for the calendar year ending during the fiscal year for which the excess is determined." (b) Such section 902 is further amended by adding at the end thereof the following: "REPORT TO THE CONGRESS

Supra. Post, p. 717. 74 Stat. 979. 42 USC 1323.

lAnte, p. 705.

"(c) Whenever the Secretary of Labor has reason to believe that in the next fiscal year the employment security administration account Avill reach the limit provided for such account in section 901(f)(3) (A), and the Federal unemployment account will reach the limit provided for such account in section 902(a), and the extended unemployment compensation account will reach the limit provided for such account in section 905(b)(2), he shall, after consultation with the Secretary of the Treasury, so report to the Congress with a recommendation for appropriate action by the Congress." (c) Section 1203 of the Social Security Act is amended by striking ^^^ "section 901(f)(3) " and inserting in lieu thereof "sections 901(f) (3) and 902(a)". SEC. 305. EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT. (a) Title IX of the Social Security Act is amended by striking out section 905 and inserting in lieu thereof the following new section: "EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT "ESTABLISHMENT OF ACCOUNT

"SEC. 905. (a) There is hereby established in the Unemployment Trust F u n d an extended unemployment compensation account. For the purposes provided for in section 904(e), such account shall be maintained as a separate book account. "TRANSFERS TO ACCOUNT

" (b)(1) Except as provided by paragraph (3), the Secretary of the Treasury shall transfer (as of the close of July 1970, and each month thereafter), from the employment security administration account to the extended unemployment compensation account established by subsection (a), an amount determined by him to be equal, in

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Page:United States Statutes at Large Volume 84 Part 1.djvu/775

 84 STAT. ]

PUBLIC LAW 91-373-AUG. 10, 1970

the case of any month before April 1972, to one-fifth, and in the case of any month after March 1972, to one-tenth, of the amount by which— " (A) transfers to the employment security administration account pursuant to section 901(b)(2) during such month, exceed " (B) payments during such month from the employment security administration account pursuant to section 901(b)(3) and (d).. If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (A), proper adjustments shall be made in the amounts subsequently transferred. " (2) Whenever the Secretary of the Treasury determines pursuant to section 901(f) that there is an excess in the employment security administration account as of the close of any fiscal year beginning after June 30, 1972, there shall be transferred (as of the beginning of the succeeding fiscal year) to the extended unemployment compensation account the total amount of such excess or so much thereof as is required to increase the amount in the extended unemployment compensation account to whichever of the following is the greater: " (A) $750,000,000, or " (B) the amount (determined by the Secretary of Labor and certified by him to the Secretary of the Treasury) equal to oneeighth of 1 percent of the total wages subject (determined without any limitation on amount) to contributions under all State unemployment compensation laws for the calendar year ending during the fiscal year for which the excess is determined. " (3) The Secretary of the Treasury shall make no transfer pursuant to paragraph (1) as of the close of any month if he determmes that the amount in the extended unemployment compensation account is equal to (or in excess of) the limitation provided in paragraph (2). ((. TRANSFERS

717

^^ ^t|*,- ^^^-^

Ante, p. 715.

TO STATE ACCOUNTS

"(c) Amounts in the extended unemployment compensation account shall be available for transfer to the accounts of the States in the Unemplmrment Trust Fund as provided in section 204(e) of the Federal-State Extended Unemployment Compensation Act of 1970. ^"'«' P- ^^i"ADVANCES TO EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT AND REPAYMENT

" (d) There are hereby authorized to be appropriated, without fiscal year limitation, to the extended unemployment compensation account, as repayable advances (without interest), such sums as may be necessary to carry out the purposes of the Federal-State Extended Unemployment Compensation Act of 1970. Amounts appropriated as repayable advances shall be repaid, without interest, by transfers from the extended unemployment compensation account to the general fund of the Treasury, at such times as the amount in the extended unemployment compensation account is determined by the Secretary of the Treasury, m consultation with the Secretary of Labor, to be adequate for such purpose. Any amount transferred as a repayment under this subsection shall be credited against, and shall operate to reduce, any balance of advances repayable under this subsection." (b) Section 903(a)(1) of the Social Security Act is amended to read as follows: " (1) If as of the close of any fiscal year after the fiscal year ending June 30, 1972, the amount in the extended unemployment compensation account has reached the limit provided in section 905 (b)(2) and the amount in the Federal unemployment account has reached the limit provided in section 902(a) and all advances pursuant to section 905(d) and section 1203 have been repaid, and there remains

Appropriation.

^"'e, p. 708.

l^lfc

ilSi

supra. H use?323

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Page:United States Statutes at Large Volume 84 Part 1.djvu/776

 718 Ante,

PUBLIC LAW 91-374-AUG. 11, 1970 p. 715.

[84 STAT.

in the employment security administration account any amount over the amount provided in section 9 0 1 (f)(3)(A), such excess amount, except as provided in subsection (b), shall be transferred (as of the beginning of the succeeding fiscal year) to the accounts of the States in the Unemployment Trust Fund." TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. EXEMPTION OF CERTAIN INDUSTRIAL DEVELOPMENT BONDS FROM REGISTRATION, ETC., REQUIREMENTS.

Post, pp. 1434,

1498

8 2 stau 266. 26 USC 103.

mo^'' ^^' ^'*^^'

1499.

Effective date.

^ (a) Section 3(a) of the Securities Act of 1933 (15 U.S.C. 77c) (relating to exempted securities) is amended by adding at the end of paragraph (2) the following: "or any security which is an industrial development bond (as defined in section 103(c)(2) of the Internal Revenue Code of 1954) the interest on which is excludable from gross income under section 103(a)(1) of such Code if, by reason of the application of paragraph (4) or (6) of section 103(c) of such Code (determined as if paragraphs (4)(A), (5), and (7) were not included in such section 103(c)), paragraph (1) of such section 103(c) does not apply to such security;". (b) Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. '^^^) (relating to exempted securities) is amended by inserting after "any municipal corporate instrumentality of one or more States;" in paragraph (12) the following: "or any security which is an industrial development bond (as defined in section 103(c)(2) of the Internal Revenue Code of 1954) the interest on which is excludable from gross income under section 103(a)(1) of Such Code if, by reason of the application of paragraph (4) or (6) of section 103(c) of such Code (determined as if paragraphs (4)(A), (5), and (7) were not included in such section 103(c)), paragraph (1) of such section 103(c) does not apply to such security;", (c) The amendments made by this section shall apply with respect to securities sold after January 1, 1970. Approved August 10, 1970.

Public Law 91-374 August 11. i.vo [H. R. 914]

c^n't'^ ^or" Relief. '

^NACT For the relief of Hood River County, Oregon.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Hood River County, Oregon, is relieved of all liability to the United States for any amounts owed by such county to the United States for amounts claimed by the United States Forest Service, Department of Agriculture, for alleged timber trespass arising out of timber sales during the period 1946 through 1961, inclusive, from the land described as follows: One hundred and sixty acres of land, more or less, located in Hood River County which land is more fully described as the northwest quarter of the northeast quarter and the north half of the northwest quarter and the southeast quarter of the northwest quarter of section 9, township 1 south, range 8 east, of the Willamette meridian. Approved August 11, 1970.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/777

 84 STAT.

PUBLIC LAW 91-375-AUG. 12, 1970

719

P u b l i c Law 91-375 AN ACT August 12, 1970 Tf) improve and modernize the postal servk-e, to reorganize the Post Office [H. R. 17070] Deiwirtment, and for other purposes. Be it enacteA by the Senate and House of Representatives of the United States of America in Congress assembled. That t h i s Act may be cited as the " P o s t a l K e organization Act.

^°^^^} ^1°"*'^'

UNITED STATES POSTAL SERVICE

SEC. '2. Title 39, United States Code, is revised and reenacted, and the sections thereof may be cited as "39 U.S.C. § ", as f o l l o w s:

"TITLE 39—POSTAL SERVICE '•Part

See.

'M. GENBiRAL "II. PERSONNEL •III. MODERNIZATION AND FISCAL ADMINISTRATION •IV. MAIL MATTER •v. TRANSPORTATION OF MAIL

101 1001 2001 3001 5001

"PART I—GENERAL "CHAPTER

Sec.

"1. "2. "4. "H.

101 201 401 601

POSTAL' POLICY AND DEFINITIONS ORGANIZATION GENERAL AUTHORITY PRIVATE CARRIAGE OF LETTERS

•_

"Chapter 1.—POSTAL POLICY A N D

DEFINITIONS

"Sec.

"101. Postal policy. "102. Definitions. "§101. Postal policy " ' (a) The United States P o s t a l Service shall be o p e r a t e d as a basic and f u n d a m e n t a l service provided to the people by the Government of the United States, a u t h o r i z e d by the Constitution, created by Act of Congress, and s u p p o r t e d by the people. The P o s t a l Service shall have as its basic function the obligation to p r o v i d e postal services to b i n d the N a t i o n to g e the r through the personal, educational, l i t e r a r y, and business correspondence of the people. I t shall p r o v i d e p r o m p t, reliable, and efficient services to p a t r o n s in all areas and shall r e n d e r l)ostal services to all communities. The costs of establishing and m a i n t a i n i n g the P o s t a l Service shall not be a p p o r t i o n e d to i m p a i r the overall value of such service to the people. " (b) The P o s t a l Service shall p r o v i d e a maximum degree of effective and regular postal services to r u r a l areas, communities, and small to w n s w h e r e post offices a r e not self-sustaining. N o small post office shall be closed solely for operating at a deficit, it b e i n g the specific intent of the Congress that effective postal services be i n s u r e d to l e s i d e n t s of b o t h urban and r u r a l communities. " (c) A s an employer, the P o s t a l Service shall achieve and m a i n t a i n compensation for its officers and employees c o m p a r a b l e to the r a t e s and t y p e s of compensation p a i d in the p r i v a t e sector of the economy of the United States. I t shall place part i c u l a r e m p has i s upon o p p o r t u n i t i e s for career a d v a n c e m e n t s of all officers and employees and the achievement of w o r t h w h i l e and satisfying careers in the service of the United States. " (d) P o s t a l r a t e s shall be established to a p p o r t i o n the costs of all postal operations to all users of the mail on a fair and equitable basis.

74 Stat. 573.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/778

 720

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

"'(e) In determining^ all policies for postal services, the Postal Service shall give the highest consideration to the requirement for the most expeditious collection, transportation, and delivery of important letter mail. "(f) I n selecting modes of transportation, the Postal Service shall give highest consideration to the prompt and economical delivery of all mail and shall make a fair and equitable distribution of mail business to carriers providing similar modes of transportation services to the Postal Service. Modern methods of transporting mail by containerization and programs designed to achieve overnight transportation to the destination of important letter mail to all parts of the Nation shall be a primary goal of postal operations. " (g) I n planning and building new postal facilities, the Postal Service shall emphasize the need for facilities and equipment designed to create desirable working conditions for its officers and employees, a maximum degree of convenience for efficient postal services, proper access to existing and future air and surface transportation facilities, and control of costs to the Postal Service. "§ 102. Definitions '"As used in this title— "(1) 'Postal Service" means the United States Postal Service established by section 201 of this title; "(2) 'Board of (xovernors', and 'Board', unless the context otherwise requires, mean the Board of (xovernors established under section 202 of this title; and "(3) 'Governors' means the 9 members of the Board of Governors appointed by the President, by and with the advice and consent of the Senate, \mder section 202(a) of this title. "Chapter 2—ORGANIZATION "Sec.

•201. "202. "203. "204. "205. "206. "207. "208.

United States Postal Service. Board of Governors. Postmaster General; Deputy Postmaster General. Assistant Postmasters General; General Counsel:.Judicial Officer. Procedures of the Board of Governors. Advisory Council. Seal. Reservation of powers.

"§ 201. United States Postal Service "There is established, as "an independent establishment of the executive branch of the Government of the United States, the United States Postal Service. "§ 202. Board of Governors " (a) The exercise of the power of the Postal Service shall be directed by a Board of Governors composed of 11 members appointed in accordance with this section. Nine of the members, to be known as Governors, shall be appointed by the President, by and with the advice and consent of the Senate, not more than 5 of whom may be adherents of the same political party. The Governors shall elect a (Chairman from among the members of the Board. The Governors shall be chosen to represent the public interest generally, and shall not be representatives of specific interests using the Postal Service, and may be removed only for caiuse. Each Governor shall receive a salary of $10,000 a year plus $300 a day for not more than 30 days of meetings each year and shall be reimbursed for travel and reasonable expenses incurred in attending meetings of the Board. Nothing in the preceding sentence shall be construed to limit the number of days of meetings each year to 30 days.

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 84 STAT. ]

PUBLIC LAW 91-375-AUG. 12, 1970

721

"(b) The terms of the 9 Governors shall be 9 years, except that the ^erm of office. terms of the 9 (xovernors first taking office shall expire as designated by the President at the time of appointment, 1 at the end of 1 year, 1 at the end of 2 years, 1 at the end of 3 years, 1 at the end of 4 years, 1 at the end of 5 years, 1 at the end of 6 years, 1 at the end of 7 years, 1 at the end of 8 years, and 1 at the end of 9 years, following the appointment of the first of them. Any Governor appointed to fill a vacancy before the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. "(c) The Governors shall appoint and shall have the power to ^ Postmaster 1

-r-.

y^

1

1

1

11 1

,•

1

£ J^^

General, appoint-

remove the Postmaster General, who shall be a voting member ot the ment, etc. Board. His pay and term of service shall be fixed by the Governors. " (d) The Governors and the Postmaster General shall appoint and shall have the power to remove the Deputy Postmaster General, who shall be a voting member of the Board. His term of service shall be fixed by the Governors and the Postmaster General and his pay by the Governors. "§203. Postmaster General; Deputy Postmaster General "The chief executive officer of the Postal Service is the Postmaster General appointed under section 202(c) of this title. The alternate chief executive officer of the Postal Service is the Deputy Postmaster General appointed under section 202(d) of this title. "§ 204. Assistant Postmasters General; General Counsel; Judicial Officer "There shall be within the Postal Service a General Counsel, such number of Assistant Postmasters General as the Board shall consider appropriate, and a Judicial Officer. The General Counsel, the Assistant Postmasters General, and the Judicial Officer shall be appointed by, and serve at the pleasure of, the Postmaster General. The Judicial Officer shall perform such quasi-judicial duties, not inconsistent with chapter 86 of this title, as the Postmaster General may designate. The Post, p. 758., Judicial Officer shall be the agency for the purposes of the requirements of chapter 5 of title 5, to the extent that functions are delegated so Stat. aso; to him by the Postmaster General. 83 stat! 446. "§ 205. Procedures of the Board of Governors ' "^"^ '°''" (a) The Board shall direct and control the expenditures and re- Poncy review. view the practices and policies of the Postal Service, and perform other functions and duties prescribed by this title. " (b) Vacancies in the Board, as long as there are sufficient members to form a quorum, shall not impair the powers of the Board under this title. "^c) The Board shall act upon majority vote of those members qj^^im'^xcept' who are present, and any 6 members present shall constitute a quorum tu^ns. for the transaction of business by the Board, except— " (1) that in the appointment or removal of the Postmaster General, and in setting the compensation of the Postmaster General and Deputy Postmaster General, a favorable vote of an absolute majority of the Governors in office shall be required; "(2) that in the appointment or removal of the Deputy Postmaster General, a favorable vote of an absolute majority of the Governors in office and the member serving as Postmaster General shall be required; and " (3) as otherwise provided in this title. " (d) No officer or employee of the Ignited States may serve concurrently as a Governor. A Governor may hold any other office or employment not inconsistent or in conflict with his duties, responsibilities, and powers as an officer of the Government of the I Jiited States in the Postal Service.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/780

 722 Membership.

Compensation,

80 Stat. 4 6 3; 83 Stat. 864,

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

"§ 206. Advisory Council " (a) There shall be a Postal Service Advisory Council of which the Postmaster General shall be the Chairman and the Deputy Postmaster General shall be the Vice Chairman. The Advisory Council shall have 11 additional members appointed by the President. He shall appoint as such members (1) 4 persons from among persons nominated by those labor organizations recognized as collective-bargaining representatives for employees of the Postal Service in one or more collective-bargaining units, (2) 4 persons as representatives of major mail users, and (3) 3 persons as representatives of the public at large. All members shall be appointed for terms of 2 years except that, of those first appointed, 2 of the members representative of labor organizations, 2 of the members representative of major postal users, and 1 member representing the public at large shall be appointed for 1 year. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. " (b) The Postal Service shall consult with and receive the advice of the Advisory Council regarding all aspects of postal operations. "(c) The members of the Council representative of the public at large shall receive for each meeting of the Council an amount equal to me daily rate applicable to level V of the Executive Schedule under section 5316 of title 5. All members of the Council shall be reimbursed for necessary travel and reasonable expenses incurred in attending meetings of the Council. "§207. Seal "The seal of the Postal Service shall be filed by the Board in the Office of the Secretary of State, judicially noticed, affixed to all commissions of officers of the Postal Service, and used to authenticate records of the Postal Service. "§ 208. Reservation of powers "Congress reserves the power to alter, amend, or repeal any or all of the sections of this title, but no such alteration, amendment, or repeal shall impair the obligation of any contract made by the Postal Service under any power conferred by this title. "Chapter 4.—GENERAL AUTHORITY "Sec.

"401. "402. "403. "404. "405. "406. "407. "408. "409. "410. "411. "412.

General powers of the Postal Service. Delegation of authority. General duties. Specific powers. Printing of illustrations of United States postage stamps. Postal services at Armed Forces installations. International postal arrangements. International money-order exchanges. Suits by and against the Postal Service. Application of other laws. Ck>operation with other Government agencies. Nondisclosure of lists of names and addresses.

"§ 401. General powers of the Postal Service "The Postal Service shall have the following general powers: " (1) to sue and be sued in its official name; "(2) to adopt, amend, and repeal such rules and reg^ulations as it deems necessary to accomplish the objectives of this title; "(3) to enter into and perform contracts, execute instruments, and determine the character of, and necessity for, its expenditures; "(4) to determine and keep its own system of accounts and the forms and contents of its contracts and other business documents, except as otherwise provided in this title;

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Page:United States Statutes at Large Volume 84 Part 1.djvu/781

 84 STAT. ]

PUBLIC LAW 91-375-AUG. 12, 1970

"(5) to acquire, in any lawful manner, such personal or real property, or any interest therein, as it deems necessary or convenient in the transaction of its business; to hold, maintain, sell, lease, or otherwise dispose of such property or any interest therein; and to provide services in connection therewith and charges therefor; " (6) to construct, operate, lease, and maintain buildings, facilities, equipment, and other improvements on any property owned or controlled by it, including, without limitation, any property or interest therein transferred to it under section 2002 of this title; "(7) to accept gifts or donations of services or property, real or personal, as it deems, necessary or convenient in the transaction of its business; " (8) to settle and compromise claims by or against it; "(9) to exercise, in the name of the United States, the right of eminent domain for the furtherance of its official purposes; and to have the priority of the United States with respect to the payment of debts out of bankrupt, insolvent, and decedents' estates; and "(10) to have all other powers incidental, necessary, or appropriate to the carrying on of its functions or the exercise of its specific powers. "§ 402. Delegation of authority "Except for those powers, duties, or obligations specifically vested in the Governors, as distinguished from the Board of Governors, the Board may delegate the authority vested in it to the Postmaster General under such terms, conditions, and limitations, including the power of redelegation, as it deems desirable. The Board may establish such committees of the Board, and delegate such powers to any committee, as the Board determines appropriate to carry out its functions and duties. Delegations to the Postmaster General or committees shall be consistent with other provisions of this title, shall not relieve the Board of full responsibility for the carrying out of its duties and functions, and shall be revocable by the Governors in their exclusive judgment. "§ 403. General duties "(a) The Postal Service shall plan, develop, promote, and provide adequate and efficient postal services at fair and reasonable rates and fees. Except as provided in the Canal Zone Code, the Postal Service shall receive, transmit, and deliver throughout the United States, its territories and possessions, and, pursuant to arrangements entered into under sections 406 and 411 of this title, throughout the world, written and printed matter, parcels, and like materials and provide such other services incidental thereto as it finds appropriate to its functions and in the public interest. The Postal Service shall serve as nearly as practicable the entire population of the United States. "(b) It shall be the responsibility of the Postal Service— "(1) to maintain an efficient system of collection, sorting, and delivery of the mail nationwide; "(2) to provide types of mail service to meet the needs of different categories of mail and mail users; and "(3) to establish and maintain postal facilities of such character and in such locations that postal patrons throughout the Nation will, consistent with reasonable economies of postal operations, have ready access to essential postal services. "(c) I n providing services and in estaolishing classifications, rates, and fees under this title, the Postal Service shall not, except as specifically authorized in this title, make any undue or unreasonable discrimination among users of the mails, nor shall it grant any undue or unreasonable preferences to any such user.

723

Post,

p. 738.

'^^^ ^*^*- ^'

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Page:United States Statutes at Large Volume 84 Part 1.djvu/782

 724

82 Stat. 1244.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

"§ 404. Specific powers "•'AVithout limitation of the generality of its powers, the Postal Service shall have the following specific powers, among others: "(1) to provide for the collection, handling, transportation, delivery, forwarding, returning, and holding of mail, and for the disposition of undeliverable mail; "(2) to prescribe, in accordance with this title, the amount of postage and the manner in which it is to be paid; "(3) to determine the need for post offices, postal and training facilities and equipment, and to provide such offices, facilities, and equipment as it determines are needed; "(4) to provide and sell postage stamps and other stamped paper, cards, and envelopes and to provide such other evidences of payment of postage and fees as may be necessary or desirable; " (5) to provide pihilatelic services; "•'(6) to provide, establish, change, or abolish special nonpostal O - similar services; T ''(7) to investigate postal offenses and civil matters relating to the Postal Service; "'(8) to offer and pay r-ewards for information and services in connection with violations of the postal laws, and, unless a different disposal is expressly prescribed, to pay one-half of all penalties and forfeitures imposed for violations of law affecting the Postal Service, its r-evenues, or property, to the person informling for the same, and to pay the other one-half into the Postal Service F u n d; and "'(9) to authorize the issuance of a substitute check for a lost, stolen, or desti'oyed check of the Postal Service. "§ 405. Printing of illustrations of United States postage stamps "(a) When requested by the Postal Service, the Public Printer shall print, as a public document for sale by the Superintendent of Documents, illustrations in black and white or in color of postage stamps of the United States, together with such descriptive, historical, and philatelic information with regard to the stamps as the Postal Service deems suitable. '' (b) Notwithstanding the provisions of section 505 of title 44, stereotype or electrotype plates, or duplicates thereof, used in the publications authorized to be printed by this section may not be sold or otherwise disposed of. "§ 406. Postal services at Armed Forces installations ''(a) The Postal Service may establish branch post offices at camps. l)osts, bases, or stations of the Armed Forces and at defense oi- other strategic installations. "'(b) The Secretaries of Defense and Transportation shall make arrangements with the Postal Service to perform postal services through personnel designated by them at or through branch post offices established under subsection (a) of this section. "§ 407. International postal arrangements " (a) The Postal Service, with the consent of the President, may negotiate and conclude postal treaties or conventions, and may establish the rates of postage or other charges on mail matter conveyed between the United States and other countries. The decisions of the Postal Service construing or interpreting the provisions of any treaty or convention which has been or may be negotiated and concluded shall, if approved by the President, be conclusive upon all officers of the Government of the United States.

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PUBLIC LAW 91-375-AUG. 12, 1970

725

"(b) The Postal Service shall transmit a copy of each postal convention concluded with other governments to the Secretary of State, who shall furnish a copy of the same to the Public Printer for publication. "§ 408. International money-order exchanges "The Postal Service may make arrangements with other governments, with which postal conventions are or may be concluded, for the exchange of sums of money by means of postal orders. I t shall fix limitations on the amount which may be so exchanged and the rates of exchange. "§ 409. Suits by and against the Postal Service "(a) Except as provided in section 3628 of this title, the United States district courts shall have original but not exclusive jurisdiction over all actions brought by or against the Postal Service. Any action brought in a State court to which the Postal Service is a party may be removed to the appropriate United States district court under the provisions of chapter 89 of title 28. "(b) Unless otherwise provided in this title, the provisions of title 28 relating to service of process, venue, and limitations of time for bringing action in suits in which the United States, its officers, or employees are parties, and the rules of procedure adopted under title 28 for suits in which the United States, its officers, or employees are parties, shall apply in like manner to suits in which the Postal Service, its officers, or employees are parties. "(c) The provisions of chapter 171 and all other provisions of title 28 relating to tort claims shall apply to tort claims arising out of activities of the Postal Service. " (d) The Department of Justice shall furnish, under section 411 of this title, the Postal Service such legal representation as it may require, but with the prior consent of the Attorney General the Postal Service may employ attorneys by contract or otherwise to conduct litigation brought by or against the Postal Service or its officers or employees in matters affecting the Postal Service. "§ 410. Application of other laws " (a) Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service. _ __ "(b) The following provisions shall apply to the Postal Service: "(1) section 552 (public information), section 3333 and chapters 71 (employee policies) and 73 (suitability, security, and conduct of employees), and section 5532 (dual pay) of title 5, except that not regulation issued under such chapters or sections shall apply to the Postal Service unless expressly made applicable; "(2) all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States; "(3) section 107 of title 20 (known as the Randolph-Sheppard Act, relating to vending machines operated by the blind); " (4) the following provisions of title 40: " (A) sections 258a-258e (relating to condemnation proT

\

\

e

i-

^°^ P- ^^•

^^^^^ stat^^ga?; 28 USC 1441,

^2 Stat. 982; 28 USC 26*71.

so Stat. sso, ''s'usc'sooJoi: 8o^star424^' 5 USC 7101, ^^o^^2 Stat. ess. ^^ ^^ ^*^'' ^^^' 46 Stat. 1421; Post,

p. 835.

ceedmgs);, v ooo " (B) sections 270a-270e (known as the Miller Act, relating 8o'*star\"i3?' to performance bonds); 69 stat! ss. '

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Page:United States Statutes at Large Volume 84 Part 1.djvu/784

 726

PUBLIC LAW 91-375-AUG. 12, 1970

55^813^ 49^°^ ^' 63 Stat, 108, 83'itar96!"^ 50 Stat. 479. 40 USC 7 2 1. 49 Stat, 2036; 66 Stat, 308. 79 Stat. 1034. 41 USC 3 5 1, 78 Stat, 252,

Post,

p. 733,

Post,

p. 758.

[84 STAT.

" (C) sections 276a—276a-7 (known as the Davis-Bacon •''^^'*' I'sl'^ting to prevailing wages); "(I^) section 276c (relating to wage payments of certain contractors); " (E) chapter 5 (the Contract Work Hours Standards Act); and " (F) chapter 15 (the Government Losses in Shipment Act); " (5) the following provisions of title 4 1: " (A) sections 35-45 (known as the Walsh-Healey Act, relating to wages and hours); and " (B) chapter 6 (the Service Contract Act of 1965); and "(6) sections 2000d, 2b00d-l—2000d-4 of title 42 (title VI, the Civil Rights Act of 1964). "(c) Subsection (b)(1) of this section shall not require the disclosure of— " (1) the name or address, past or present, of any postal patron; "(2) information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed; "(3) information prepared for use in connection with the negotiation of collective-Dargaining agreements under chapter 12 of this title or minutes of, or notes kept during, negotiating sessions conducted under such chapter; " (4) information prepared for use in connection with proceedings under chapter 36 of this title; "(5) the reports and memoranda of consultants or independent contractors except to the extent that they would be required to be disclosed if prepared within the Postal Service; and "(6) investigatory files, whether or not considered closed, compiled for law enforcement purposes except to the extent available by law to a party other than the Postal Service. " (d)(1) A lease agreement by the Postal Service for rent of net interior space in excess of 6,600 square feet in any building or facility, or part of a building or facility, to be occupied for purposes of the Postal Service shall include a provision that all laborers and mechanics employed in the construction, modification, alteration, repair, painting, decoration, or other improvement of the building or space covered by the agreement, or improvement at the site of such building or facility, shall be paid wages at not less than those prevailing for similar work in the locality as determined by the Secretary of Labor under section 276a of title 40. " (2) The authority and functions of the Secretary of Labor with respect to labor standards enforcement under Reorganization Plan Num-

64 Stat. 1267.

bered 14 of 1950 (title 5, a p p e n d i x), and r e g u l a t i o n s for c o n t r a c to r s

80 Stat. 379,

and subcontractors under section 276c of title 40, shall apply to the work under paragraph (1) of this subsection, "(3) Paragraph (2) of this subsection shall not be construed to give the Secretary of Labor authority to direct the cancellation of the lease agreement referred to in paragraph (1) of this subsection. "§ 411. Cooperation with other Government agencies "Executive agencies within the meaning of section 105 of title 5 and the Government Printing Office are authorized to furnish property, both real and personal, and personal and nonpersonal services to the Postal Service, and the Postal Service is authorized to furnish property and services to them. The furnishing of property and services under this section shall be under such terms and conditions, including reimbursability, as the Postal Service and the head of the agency concerned shall deem appropriate.

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