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Code · STATUTES-AT-LARGE · Vol. 52 STAT. · Public Law 722

Public Law 722.

24,714 words·~112 min read·/statutes-at-large/vol-52/public-law-722·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/bill/75/pl/721)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That this Act mayCustoms Administrative Act of 1938. be cited as the “Customs Administrative Act of 1938”. Sec. 2. Sections 1, 201, 401 (k), 657, and 562 of the Tariff Act ofAreas excluded from territory in which tariff laws are applicable.46 Stat. 590, 672, 708, 744, 745.19 U. S. C. §§ 1001, 1201, 1401 (k), 1557, 1562; Supp. III, § 1201.49 Stat. 529.19 U. S. C., Supp. III, § 1709 (a).46 Stat. 687.[19 U. S. C. § 1304](/us/usc/t19/s1304). 1930 (U. S. C., 1934 edition, title 19, secs. 1001, 1201, 1401 (k), 1557, and 1562) and section 401
(a)of the Anti-Smuggling Act (U. S. C., 1934 edition, Supp. III, title 19, sec. 1709 (a)) are hereby amended by inserting “Wake Island, Midway Islands, Kingman Reef,” before the words “and the island of Guam” and before the words “or the island of Guam” wherever such words appear in each such section. Sec. 3. Section 304 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1304) is hereby amended to read as follows:" “SEC. 304. MARKING OF IMPORTED ARTICLES AND CONTAINERS.Marking of imported articles and containers.English name of country of origin. “(a) Marking of Articles.— Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection
(b)hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the TreasuryRegulations by Secretary of the Treasury. may by regulations— “(1) Determine the character of words and phrases or abbreviationsCharacter of words and abbreviations, marking methods, etc. thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear; “(2) Require the addition of any other words or symbols whichAddition of words, etc., to prevent deception or mistake. may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to importation but before delivery to an ultimate purchaser; and “(3) Authorize the exception of any article from the requirementsExceptions from marking requirements. of marking if— “(A) Such article is incapable of being marked; “(B) Such article cannot be marked prior to shipment to the United States without injury; “(C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation; “(D) The marking of a container of such article will reasonably indicate the origin of such article; 52 Stat. 1078 “(E) Such article is a crude substance; “(F) Such article is imported for use by the importer and not intended for sale in its imported or any other form; “(G) Such article is to be processed in the United States by the importer or for his account otherwise than for the purpose of concealing the origin of such article and in such manner that any mark contemplated by this section would necessarily be obliterated, destroyed, or permanently concealed; “(H) An ultimate purchaser, by reason of the character of such article or by reason of the circumstances of its importation, must necessarily know the country of origin of such article even though it is not marked to indicate its origin; “(I) Such article was produced more than twenty years prior to its importation into the United States; or “(J) Such article is of a class or kind with respect to which the Secretary of the Treasury has given notice by publication in the weekly Treasury Decisions within two years after July 1, 1937, that articles of such class or kind were imported m substantial quantities during the five-year period immediately preceding January 1, 1937, and were not required during such period to be marked to indicate *Proviso*.Sawed lumber and timbers, etc.their origin: *Provided*, That this subdivision
(J)shall not apply after September 1, 1938, to sawed lumber and timbers, telephone, trolley, electric-light, and telegraph poles of wood, and bundles of shingles; but the President is authorized to suspend the effectiveness of this proviso if he finds [48 Stat. 943](/us/stat/48/943).[19 U. S. C. §§ 1351–1354; Supp. III, § 1352](/us/usc/t19/s1351–1354/1352).such action required to carry out any trade agreement entered into under the authority of the Act of June 12, 1934 (U. S. C,, 1934 edition, title 19, secs. 1351–1354), as extended. “(b) Marking of immediate containers of certain exempted articles. Marking of Containers.— Whenever an article is excepted under subdivision
(3)of subsection
(a)of this section from the requirements of marking, the immediate container, if any, of such article, or such other container or containers of such article as may be prescribed by the Secretary of the Treasury, shall be marked in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of such article, subject to all provisions of this section, including the same exceptions as are applicable to articles under subdivision
(3)of subsection (a). Exceptions.If articles are excepted from marking requirements under clause (F), (G), or
(II)of subdivision
(3)of subsection
(a)of this section, their usual containers shall not be subject to the marking requirements of this section. Usual containers in use as such at the time of importation shall in no case be required to be marked to show the country of their own origin. “(c) Additional duties for failure to mark. Additional Duties For Failure to Mark.— If at the time of importation any article (or its container, as provided in subsection
(b)hereof) is not marked in accordance with the requirements of this section, and if such article is not exported or destroyed or the article (or its container, as provided in subsection
(b)hereof) marked after importation in accordance with the requirements of this section (such exportation, destruction, or marking to be accomplished under customs supervision prior to the liquidation of the entry covering the article, and to be allowed whether or not the article has remained in continuous customs custody), there shall be levied, collected, and paid upon such article a duty of 10 per centum ad valorem, which shall be deemed to have accrued at the time of importation,52 Stat. 1079 shall not be construed to be penal, and shall not be remitted wholly or in part nor shall payment thereof be avoidable for any cause. Such duty shall be levied, collected, and paid in addition to any other duty imposed by law and whether or not the article is exempt from the payment of ordinary customs duties. The compensationReimbursement for supervisory services. and expenses of customs officers and employees assigned to supervise the exportation, destruction, or marking to exempt articles from the application of the duty provided for in this subsection shall be reimbursed to the Government by the importer. “(d) Delivery Withheld Until Marked.— No imported articleDelivery withheld until article, etc., marked. held in customs custody for inspection, examination, or appraisement shall be delivered until such article and every other article of the importation (or their containers), whether or not released from customs custody, shall have been marked in accordance with the requirements of this section or until the amount of duty estimated to be payable under subsection
(c)of this section has been deposited. Nothing in this section shall be construed as excepting any article (or its container) from the particular requirements of marking provided for in any other provision of law. “(e) Penalties.— If any person shall, with intent to conceal thePenalties. information given thereby or contained therein, deface, destroy, remove, alter, cover, obscure, or obliterate any mark required under the provisions of this Act, he shall, upon conviction, be fined not more than $5,000 or imprisoned not more than one year, or both.” " Sec. 4. Subdivisions (1), (5), and
(6)of section 308 of the TariffTemporary free importation under bond for exportation.[46 Stat. 690](/us/stat/46/690).[19 U. S. C. § 1308](/us/usc/t19/s1308).Articles changed in condition but not manufactured. Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1308) are hereby amended to read as follows: " “(1) Articles to be repaired, altered, or otherwise changed in condition by processes which do not result in articles manufactured or produced in the United States; “(5) Automobiles, motorcycles, bicycles, airplanes, airships,Private automobiles, etc., used tor designated purposes. balloons, boats, racing shells, and similar vehicles and craft, and horses, and the usual equipment of the foregoing; all the foregoing which are brought temporarily into the United States by nonresidents
(A)for the purpose of taking part in races or other specific contests, or
(B)for the transportation of such nonresidents, their families and guests, and such incidental carriage of articles as may be necessary and appropriate to the purposes of the journey, but not to be used for the transportationRestrictions. of persons or articles for hire nor in any case primarily for the carriage of articles (but nothing in this Act shall be construed as altering the customary exceptions of vehicles and other instruments of international traffic from the application of the customs laws): and in the case of horses, vehicles, and craft entered underBond provisions. this subdivision collectors of customs may, under such regulations as the Secretary of the Treasury may prescribe, defer the exaction of a bond for not to exceed ninety days (or six months in the case of such horses, vehicles, and craft from a country which accords a similar privilege to horses, vehicles, and craft from the United States) after the date of importation, but unless such horse, vehicle, or craft is exported or the bond is given within the period of such deferment, such horse, vehicle, or craft shall be subject to forfeiture; “(6) Locomotives and other railroad equipment brought temporarilyForeign railroad equipment for emergency use. into the United States for use in clearing obstructions, fighting fires, or making emergency repairs on railroads within the United States, or for use in transportation otherwise than in international traffic when the Secretary of the Treasury finds52 Stat. 1080 that the temporary use of foreign railroad equipment is necessary to meet an emergency;”. " and the period at the end of subdivision
(8)is changed to a semi-colon and a new subdivision is added at the end of such section 308 to read as follows: " “(9) Professional equipment, tools of trade; etc. Professional equipment, tools of trade, and camping equipment imported for their own use by nonresidents sojourning temporarily in the United States, and articles of special design for temporary use exclusively in connection with the manufacture or production of articles for export.” " Sec. 5. [46 Stat. 690](/us/stat/46/690).[19 U.S. C. § 1309](/us/usc/t19/s1309).
(a)Section 309 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1309) is hereby amended to read as follows:" “SEC. 309. Supplies for certain vessels and aircraft. SUPPLIES FOR CERTAIN VESSELS AND AIRCRAFT. “(a) Exemption from customs duties and internal-revenue tax. Exemption from customs duties and internal-revenue tax.— Articles of foreign or domestic manufacture or production may, under such regulations as the Secretary of the Treasury may prescribe, be withdrawn from bonded warehouses, bonded manufacturing Supplies for designated vessels.warehouses, or continuous customs custody elsewhere than in a bonded warehouse free of duty or internal-revenue tax for supplies (not including equipment) of vessels of war, in ports of the United States, of any nation which may reciprocate such privilege toward the vessels of war of the United States in its ports, or for supplies (not including equipment) of vessels employed in the. fisheries or in the whaling business, or actually engaged in foreign trade or trade between the Atlantic and Pacific ports of the United States or Aircraft supplies.between the United States and any of its possessions, or for supplies (not including equipment) of aircraft registered in the United States and actually engaged in foreign trade or trade between the United States and any of its possessions, or for supplies (including equipment), maintenance, or repair of aircraft registered in any foreign country and actually engaged in foreign trade or trade between the United States and any of its possessions, where such trade by foreign aircraft, is permitted. “(b) Drawback. Drawback.— Articles withdrawn from bonded warehouses, bonded manufacturing warehouses, or continuous customs custody elsewhere than in a bonded warehouse and articles of domestic manufacture or production, laden as supplies upon any such foreign vessel or any such vessel or aircraft of the United States or laden as supplies (including equipment) upon, or used in the maintenance or repair of, any such foreign aircraft, shall be considered to be exported within the meaning of the drawback provisions of this Act. “(c) Articles removed in, or returned to, the United States.[46 Stat. 696](/us/stat/46/696).[19 U. S. C. § 1317](/us/usc/t19/s1317).*Post*, p. 1081. Articles Removed in, or Returned to, the United States.— Any article exempted from duty or tax, or in respect of which draw-back has been allowed, under this section or section 317 of this Act and thereafter removed in the United States from any vessel or aircraft, or otherwise returned to the United States, shall be treated as an importation from a foreign country. “(d) Reciprocal privileges.[46 Stat. 696](/us/stat/46/696).[19 U. S. C. § 1317](/us/usc/t19/s1317).*Post*, p. 1081.Conditions. Reciprocal Privileges.— The privileges granted by this section and section 317 of this Act in respect of aircraft registered in a foreign country shall be allowed only if the Secretary of the Treasury shall have been advised by the Secretary of Commerce that he has found that such foreign country allows, or will allow, substantially reciprocal privileges in respect of aircraft registered in the United States. If the Secretary of Commerce shall advise the Secretary of the Treasury that he has found that a foreign country has discontinued, or will discontinue, the allowance of such privileges, the52 Stat. 1081 privileges granted by this section and such section 317 shall not apply thereafter in respect of aircraft registered in that foreign country.” "
(b)Section 317 of the Tariff Act of 1930 (U. S. C., 1934 edition,[46 Stat. 696](/us/stat/46/696).[19 U. S. C. § 1317](/us/usc/t19/s1317); [26 U. S. C. § 897(b)](/us/usc/t26/s897/b). title 19, sec. 1317, and title 26, sec. 897 (b)) is amended by changing the caption thereof to read “ tobacco products—supplies for airTobacco products; supplies for aircraft.craft.”; by designating the present paragraph thereof as subsection (a); and by adding thereto a new subsection
(b)to read as follows:" “(b) The shipment or delivery of any merchandise for use as suppliesShipments or delivery of certain aircraft supplies. (including equipment) upon, or in the maintenance or repair of, aircraft registered in any foreign country and actually engaged in foreign trade or trade between the United States and any of its possessions, where such trade by foreign aircraft is permitted, shall be deemed an exportation within the meaning of the customs and intenal-revenue laws applicable to the exportation of such merchandise without the payment of duty or internal-revenue tax.” "
(c)This section shall take effect on the day following the enactmentEffective date of section. of this Act. Sec. 6. Section 315 of the Tariff Act of 1930 (U. S. C., 1934[46 Stat. 695](/us/stat/46/695).[19 U. S. C. § 1315.](/us/usc/t19/s1315) edition, title 19, sec. 1315) is hereby amended by deleting the proviso thereof, changing the colon preceding such proviso to a period and adding at the end of such section the following: “Insofar as dutiesDuties based upon quantity, collection at time of importation; exceptions.[46 Stat. 640, 745](/us/stat/46/640/745).[19 U. S. C. § 1001, par. 813; § 1562](/us/usc/t19/s1001/par813/s1562). are based upon the quantity of any merchandise, such duties shall, except as provided in paragraph 813 and section 562 of this Act (relating respectively to certain beverages and to manipulating warehouses), be levied and collected upon the quantity of such merchandise at the time of its importation. No administrative rulingImposition of higher rates by administrative ruling. resulting in the imposition of a higher rate of duty or charge than the Secretary of the Treasury shall find to have been applicable to imported merchandise under an established and uniform practice shall be effective with respect to articles entered for consumption or withdrawn from warehouse for consumption prior to the expiration of thirty days after the date of publication in the weekly Treasury Decisions of notice of such ruling; but this provision shallImposition of anti-dumping duties. not apply with respect, to the imposition of antidumping duties.” Sec. 7. The Tariff Act of 1930 is hereby amended by adding at the end of part I of title III thereof the following new section:[46 Stat. 696](/us/stat/46/696). " “SEC. 321. ADMINISTRATIVE EXEMPTIONS. Administrative exemptions. “Collectors of customs are hereby authorized, under such regulationsDifferences of less than $1. as the Secretary of the Treasury may prescribe, to disregard a difference of less than $1 between the total estimated duties or taxes deposited, or the total duties or taxes tentatively assessed, with respect to any entry of merchandise and the total amount of duties or taxes actually accruing thereon, and to admit articles free of dutyDuty free when expense of collection disproportionate to amount of duty.Limitation. when the expense and inconvenience of collecting the duty accruing thereon would be disproportionate to the amount of such duty, but the aggregate value of articles imported by one person on one day and exempted from the payment of duty under the authority of this section shall not exceed $5 in the case of articles accompanying, and for the persona] or household use of, persons arriving in the United States, or $1 in any other case.” " Sec. 8. Section 402 of the Tariff Act of 1930 (U. S. C., 1934 edition,[46 Stat. 709](/us/stat/46/709).[19 U. S. C. § 1402](/us/usc/t19/s1402).Bases of valuation; definitions amended. title 19, sec. 1402) is hereby amended by inserting the words “for home consumption” after the words “freely offered for sale” in subsection (c), and by inserting the words “for domestic consumption” after the words “freely offered for sale” in subsections
(e)and
(g)and after the word “sold” in subsection (g). 52 Stat. 1082 Sec. 9. Extra compensation.[46 Stat. 715](/us/stat/46/715).[19 U. S. C. § 1451](/us/usc/t19/s1451). So much of the last sentence of section 451 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1451) as precedes the words “gives a bond in a penal sum to be fixed by the collector” is Overtime compensation of customs officers and employees.hereby amended to read as follows: “Upon a request made by the owner, master, or person in charge of a vessel or vehicle, or by or on behalf of a common carrier or by or on behalf of the owner or consignee of any merchandise or baggage, for overtime services of customs officers or employees at night or on a Sunday or holiday, the collector shall assign sufficient customs officers or employees if available to perform any such services which may lawfully be performed by them during regular hours of business, but only if the person requesting such services”; and the said section 451 is further amended Existing authority to make assignments not impaired.by adding at the end thereof the following: “Nothing in this section shall be construed to impair the existing authority of the Treasury Department to assign customs officers or employees to regular tours of duty at nights or on. Sundays or holidays when such assignments are in the public interest.” Sec. 10. 46 Stat. 717.[19 U. S. C. § 1459](/us/usc/t19/s1459).
(a)Section 459 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1459) is hereby amended by striking out the last two sentences of such section and inserting in lieu thereof the following:Merchandise Imported from contiguous country otherwise than in a vessel or vehicle. “Any person importing or bringing merchandise into the United States from a contiguous country otherwise than in a vessel or vehicle shall immediately report his arrival to the customs officer at the port of entry or customhouse which shall be nearest to the place at which he shall cross the boundary line and shall present such merchandise to such customs officer for inspection.”
(b)[46 Stat. 717](/us/stat/46/717).[19 U. S. C. § 1460](/us/usc/t19/s1460). Section 460 of the Tariff Act of 1930 (U. S. C,, 1934 edition, title 19, sec. 1460) is hereby amended to read as follows:" “SEC. 460. Penalties for failure to report or file manifest. SAME—PENALTIES FOR FAILURE TO REPORT OR FILE MANIFEST. “The master of any vessel or the person in charge of any vehicle who fails to report arrival in the United States as required by the preceding section, or if so reporting proceeds further inland without a permit from the proper customs officer, shall be subject to a penalty of $100 for each offense. If any merchandise is imported or brought into the United States in any vessel or vehicle, or by any person otherwise than in a vessel or vehicle, from a contiguous country, which vessel, vehicle, or merchandise is not so reported to the proper customs officers; or if the master of such vessel or the person in charge of such vehicle fails to file a manifest for the merchandise carried therein, or discharges or lands such merchandise Forfeitures.without a permit; such merchandise and the vessel or vehicle, if any, in which it was imported or brought into the United States shall be subject to forfeiture; and the master of such vessel or the person in charge of such vehicle, or the person importing or bringing in merchandise otherwise than in a vessel or vehicle, shall, in addition to any other penalty, be liable to a penalty equal to the value of the merchandise which was not reported, or not included in the manifest, Landing passengers.or which was discharged or landed without a permit. If any vessel or vehicle not so reported carries any passenger; or if any passenger is discharged or landed from any such vessel or vehicle before it is so reported, or after such report but without a permit; the master of the vessel or the person in charge of the vehicle shall, in addition to any other penalty, be liable to a penalty of $500 for each passenger so carried, discharged, or landed.” " 52 Stat. 1083 Sec. 11. The Tariff Act of 1930 is hereby amended by adding at the end of part II of title IV thereof a new section to read as[46 Stat. 719](/us/stat/46/719). follows:" “SEC. 467. SPECIAL INSPECTION, EXAMINATION, AND SEARCH. “Whenever a vessel from a foreign port or place or from a portSpecial inspection, examination, and search of persons, baggage, or merchandise. or place in any Territory or possession of the United States arrives at a port or place in the United States or the Virgin Islands, whether directly or via another port or place in the United States or the Virgin Islands, the collector of customs for such port or place of arrival may, under such regulations as the Secretary of the Treasury may prescribe and for the purpose of assuring compliance with any law, regulation, or instruction which the Secretary of the Treasury or the Customs Service is authorized to enforce, cause inspection, examination, and search to be made of the persons, baggage, and merchandise discharged or unladen from such vessel, whether or not any or all such persons, baggage, or merchandise has previously been inspected, examined, or searched by officers of the customs.” " Sec. 12. The last sentence of subsection
(f)of section 484 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1484) is hereby[46 Stat. 723](/us/stat/46/723).[19 U. S. C. § 1484 (f)](/us/usc/t19/s1484/f).Separate entries for portions of a shipment. amended to read as follows: “All other merchandise arriving on one vessel or vehicle and consigned to one consignee shall be included in one entry, unless the Secretary of the Treasury shall authorize the inclusion of portions of such merchandise in separate entries under such rules and regulations as he may prescribe.” Sec. 13. Section 485
(f)of the Tariff Act of 1930 (U. S. C., 1934[46 Stat. 724](/us/stat/46/724).[19 U. S. C. § 1485(f)](/us/usc/t19/s1485/f). edition, title 19, sec. 1485 (f)) is hereby amended by changing the last comma therein to a period; by striking out the words “or by any other person specifically authorized by any officer of such corporation to make the same”; and by inserting in lieu of the deleted words a new sentence to read as follows: “Whether the consignee is an individual,Declarations by persons authorized by consignee. a partnership, or a corporation, the declaration may be made by any person who has knowledge of the facts and who is specifically authorized by such individual, a member of such partnership, or an officer of such corporation to make such declaration.” Sec. 14.
(a)So much of section 491 of the Tariff Act of 1930[46 Stat. 726](/us/stat/46/726).[19 U. S. C. § 1491](/us/usc/t19/s1491). (U. S. C., 1934 edition, title 19, sec. 1491) as precedes the words “shall be considered unclaimed and abandoned” is hereby amendedUnclaimed merchandise, definition modified. to read as follows: “Any entered or unentered merchandise (except merchandise entered under section 557 of this Act, but including[46 Stat. 744](/us/stat/46/744).[19 U. S. C. § 1557](/us/usc/t19/s1557). merchandise entered for transportation in bond or for exportation) which shall remain in customs custody for one year from the date of importation thereof, without all estimated duties and storage or other charges thereon having been paid,”.
(b)Such section 491 is further amended by adding the followingEntry or withdrawal of unclaimed merchandise; conditions.[46 Stat. 744](/us/stat/46/744).[19 U. S. C. § 1559](/us/usc/t19/s1559). new sentences at the end thereof: “Merchandise subject to sale hereunder or under section 559 of this Act may be entered or withdrawn for consumption at any time prior to such sale upon payment of all duties, storage, and other charges, and expenses that may have accrued thereon, but such merchandise after becoming subject to sale may not be exported prior to sale without the payment of such duties, charges, and expenses nor may it be entered for warehouse. The computation of duties for the purposes of this section andComputation of duties; rates.[46 Stat. 727, 744](/us/stat/46/727/744).[19 U. S. C. §§ 1493, 1559](/us/usc/t19/s1493/1559). sections 493 and 559 of this Act shall be at the rate or rates applicable at the time the merchandise becomes subject to sale.” 52 Stat. 1084 Sec. 15. [46 Stat. 728](/us/stat/46/728).[19 U. S. C. § 1499](/us/usc/t19/s1499).Examination of merchandise. Section 499 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1499) is hereby amended by striking out from the first sentence thereof the words “except as otherwise provided Security before delivery from customs custody.in this Act” and inserting in lieu thereof the words “except under such bond or other security as may be prescribed by the Secretary of the Treasury to assure compliance with all applicable laws, regulations, and instructions which the Secretary of the Treasury or the Customs Service is authorized to enforce”. Sec. 16. [46 Stat. 728](/us/stat/46/728).[19 U. S. C. § 1499](/us/usc/t19/s1499).Examination of less than usual portion; restriction.
(a)Section 499 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1499) is hereby further amended by inserting after the word “regulation” in the third sentence thereof the following: “or instruction, the application of which may be restricted to one or more individual ports or to one or more importations or one or more classes of merchandise,”; by adding after the third sentencePublication of regulations, etc. thereof the following new sentence: “All such special regulations or instructions shall be published in the weekly Treasury Decisions within fifteen days after issuance and before the liquidation of any entries affected thereby.”; and by adding at the end of such section the following new paragraph:" Validity of appraisement where less than statutory quantity examined.“No appraisement made after the effective date of the Customs Administrative Act of 1938 shall be held invalid on the ground that the required number of packages or the required quantity of the merchandise was not designated for examination or, if designated, was not actually examined, unless the party claiming such invalidity shall establish that merchandise in the packages or quantities not designated for examination, or not actually examined, was different from that actually examined and that the difference was such as to establish the incorrectness of the appraiser’s return of value; and then only as to the merchandise for which the value returned by the appraiser is shown to be incorrect.” "
(b)[46 Stat. 730](/us/stat/46/730).[19 U. S. C. § 1501](/us/usc/t19/s1501). Section 501 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1501) is hereby amended by striking out the fourth sentence of the first paragraph thereof and inserting in lieu thereof the Appeal for re appraisement, determination of value by Customs Court.following: “Every such appeal shall be transmitted with the entry and the accompanying papers by the collector to the United States Customs Court and shall be assigned to one of the judges, who shall in every ease, notwithstanding that the original appraisement may for any reason be held invalid or void and that the merchandise or samples thereof be not available for examination, after affording the parties an opportunity to be heard on the merits, determine the value of the merchandise from the evidence in the entry record and that adduced at Paragraphs redesignated.the hearing.”; and such section 501 is further amended by designating the present two paragraphs thereof as subsections
(a)and (b), respectively, and by adding after such subsections a new subsection
(c)to read as follows:" “(c) Assignment of protest to a single judge for determination if Court declares appraisement invalid. If upon the hearing of a protest, the United States Customs Court shall declare an appraisement of merchandise made after the effective date of the Customs Administrative Act of 1938 to have been invalid or void, it shall remand the matter to a single judge, who shall proceed to determine the proper dutiable value of such merchandise in the manner provided for by this section. In such proceeding no presumption of correctness shall attach to the invoice or entered values.” " Sec. 17. [46 Stat. 735](/us/stat/46/735).[19 U. S. C. § 1516 (b)](/us/usc/t19/s1516/b).
(a)Subsection
(b)of section 516 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1516 (b)) is hereby amended to read as follows:" “(b) Classification, rate of duty, etc. Classification.— The Secretary of the Treasury shall, upon written request by an American manufacturer, producer, or wholesaler, furnish the classification of, and the rate of duty, if any,52 Stat. 1085 imposed upon, designated imported merchandise of a. class or kind manufactured, produced, or sold at wholesale by him. If such manufacturer,Filing of complaint. producer, or wholesaler believes that the proper rate of duty is not being assessed, he may file a complaint with the Secretary, setting forth a description of the merchandise, the classification, and the rate or rates of duty he believes proper, and the reasons for his belief. If the Secretary decides that the classification of, orAction by Secretary if classification or rate not correct. rate of duty assessed upon, the merchandise is not correct, he shall notify the collectors as to the proper classification and rate of duty and shall so inform the complainant, and such rate of duty shall be assessed upon all such merchandise entered for consumption or withdrawn from warehouse for consumption after thirty days after the date such notice to the collectors is published in the weekly Treasury Decisions. If the Secretary decides that the classification and rateIf correct. of duty are correct, he shall so inform the complainant. If dissatisfied with the decision of the Secretary, the complainant may file withFiling of notice of protest. the Secretary, not later than thirty days after the date of such decision, notice that he desires to protest the classification of, or rate of duty assessed upon, the merchandise. Upon receipt of such noticePublication of decision. from the complainant, the Secretary shall cause publication to be made of his decision as to the proper classification and rate of duty and of the complainant’s desire to protest, and shall thereafter furnish the complainant with such information as to the entries and consignees of such merchandise, entered after the publication of the decision of the Secretary at the port of entry designated by the complainant in his notice of desire to protest, as will enable the complainant to protest the classification of, or rate of duty imposed upon, such merchandise in the liquidation of such an entry at such port. The Secretary shall direct the collector at such port to notifyNotice to complainant. such complainant immediately when the first of such entries is liquidated. Within thirty days after the date of mailing to the complainant of notice of such liquidation, the complainant may file withFiling of protest. the collector at such port a protest in writing setting forth a description of the merchandise and the classification and rate of duty he believes proper. Notwithstanding such protest is filed, merchandise of the character covered by the published decision of the Secretary, when entered for consumption or withdrawn from warehouse for consumption on or before the date of publication of a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals, rendered under the provisions of subsection
(c)of this section, not in harmony with the published decision of the Secretary, shall be classified and the entries liquidated in accordance with such decision of the Secretary, and, except as otherwise provided in this Act, the liquidations of such entries shall be final and conclusive upon all parties. If the protest of the complainantIf protest sustained. is sustained in whole or in part by a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals, merchandise of the character covered by the published decision of the Secretary, which is entered for consumption or withdrawn from warehouse for consumption after the date of publication of such court decision, shall be subject to classification and assessment of duty in accordance with the final judicial decision on the complainant’s protest, and the liquidation of entries covering such merchandise so entered or withdrawn shall be suspended until final disposition is made of such protest, whereupon such entries shall be liquidated, or if necessary, reliquidated in accordance, with such final decision. Every proceeding arising under this subsection shallPreferred status of proceedings on dockets of designated courts. be given precedence over other cases on the dockets of the United52 Stat. 1086 States Customs Court and the United States Court of Customs and Patent Appeals, and shall be assigned for hearing and trial at the, earliest practicable date and expedited in every way.” "
(b)[46 Stat. 735](/us/stat/46/735).[19 U. S. C. § 1516(b)](/us/usc/t19/s1516/b). The provisions of subsection
(b)of section 516 of the Tariff Act of 1930, as amended by this Act, shall apply only in the case of Complaints filed before effective date.complaints filed after the effective date of this Act. The provisions of subsection
(b)of section 516 of the Tariff Act of 1930, as in force prior to the effective date of this Act, shall continue in force with respect to any proceedings commenced by the filing of a complaint thereunder, except that upon the expiration of thirty days after the effective date of this Act, or upon the expiration of thirty days after the date of a decision of the Secretary adverse to the complainant, whichever is the later, any such proceedings in which a protest has not been duly filed shall be deemed to have been terminated unless the complainant shall have filed with the Secretary after the effective date of this Act a notice that he desires to protest the classification of, or rate of duty assessed upon, the merchandise.
(c)Obligations under trade agreements not affected. The provisions of subsection
(b)of section 516 of the Tariff Act of 1930, as amended by this Act, shall not apply with respect to any article of a class or kind which is named or described in any obligation undertaken by the United States in a foreign trade agreement[48 Stat. 943](/us/stat/48/943).[19 U. S. C. § 1351](/us/usc/t19/s1351). entered into under section 350 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1351). Sec. 18. [46 Stat. 739](/us/stat/46/739).[19 U. S. C. § 1520](/us/usc/t19/s1520).[48 Stat. 1225](/us/stat/48/1225).[31 U. S. C. § 725a](/us/usc/t31/s725a). Section 520 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1520), as amended by section 2 of the Permanent Appropriation Repeal Act, 1934 (U. S. C., 1934 edition, title 31, sec. 725a), is hereby further amended to read as follows:" “SEC. 520. REFUNDS AND ERRORS. “(a) Refunds and errors. The Secretary of the Treasury is hereby authorized to refund duties or other receipts in the following cases: “(1) Excess deposits. Excess deposits.— Whenever it is ascertained on liquidation or reliquidation of an entry that more money has been deposited or paid as duties than was required by law to be so deposited or paid; “(2) Fees, charges, and exactions. Fees, charges, and exactions.— Whenever it is determined in the manner required by law that any fees, charges, or exactions, other than duties and taxes, have been erroneously or excessively collected; and “(3) Fines, penalties, and forfeitures. Fines, penalties, and forfeitures.— Whenever money has been deposited in the Treasury on account of a fine, penalty, or forfeiture which did not accrue, or which is finally determined to have accrued in an amount less than that so deposited, or which is mitigated to an amount less than that so deposited or is remitted. “(b) Appropriations authorized. The necessary moneys to make such refunds are hereby authorized to be appropriated annually from the general fund of the Treasury. “(c) Reliquidation of entry. Notwithstanding a valid protest was not filed, the Secretary of the Treasury may authorize a collector to reliquidate an entry to correct— “(1) Correction of clerical errors. A clerical error in any entry or liquidation discovered within one year after the date of entry, or within sixty days after liquidation when liquidation is made more than ten months after the date of entry; or “(2) Correction of assessment on nondutiable household or personal effects. Any assessment of duty on household or personal effects which by law were not subject to duty and in respect of which an application for refund has been filed with the collector within one year after the date of entry.” " 52 Stat. 1087 Sec. 19.
(a)Section 1 of the Act of June 19, 1886, as amended[24 Stat. 79](/us/stat/24/79).[46 U. S. C. § 331](/us/usc/t46/s331).Shipping fees. (U. S. C., 1934 edition, title 46, sec. 331), is hereby further amended by adding a comma and the following words after the words “Measurement of tonnage and certifying the same” and before the semicolon in the first sentence thereof: “except that the compensation and necessaryCompensation, etc., of officers measuring or certifying vessels at other than ports of entry, etc. travel and subsistence expenses of the officers so measuring or certifying such vessels at the request of the owners thereof at a place other than a port of entry or a customs station shall be paid by such owners”.
(b)Section 524 of the Tariff Act of 1930 (U. S. C., 1934 edition[46 Stat. 741](/us/stat/46/741).[19 U. S. C. § 1524](/us/usc/t19/s1524)., title 19, sec. 1524) is hereby amended to read as follows:" “Receipts for any reimbursable charges or expenses which haveDeposit of receipts for reimbursable charges. been paid for out of any appropriation for collecting the revenue from customs shall be deposited as a refund to such appropriation instead of being covered into the Treasury as miscellaneous receipts, as provided by the Act entitled ‘An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1908, and for other purposes’, approved March 4, 1907.”[34 Stat. 1315](/us/stat/34/1315).[19 U. S. C. § 527](/us/usc/t19/s527). " Sec. 20. The Tariff Act of 1930 is hereby amended by adding at the end of part III of title IV thereof a new section, to read[46 Stat. 742](/us/stat/46/742). as follows:" “SEC. 528. TAXES NOT TO BE CONSTRUED AS DUTIES. “No tax or other charge imposed by or pursuant to any law of theTaxes not to be construed as duties. United States shall be construed to be a customs duty for the purpose of any statute relating to the customs revenue, unless the law imposing such tax or charge designates it as a customs duty or contains a provision to the effect that it shall beJurisdiction of designated customs courts. treated as a duty imposed under the customs laws. Nothing in this section shall be construed to limit or restrict the jurisdiction of the United States Customs Court or the United States Court of Customs and Patent Appeals.” " Sec. 21. Section 553 of the Tariff Act of 1930 (U. S. C., 1934[46 Stat. 742](/us/stat/46/742).[19 U. S. C. § 1553](/us/usc/t19/s1553). edition, title 19, sec. 1553) is hereby amended by adding the following at the end thereof: “In places where no bonded common-carrierTransportation of merchandise by other than bonded common carrier. facilities are reasonably available, such merchandise may be so transported otherwise than by a bonded common carrier under such regulations as the Secretary of the Treasury shall prescribe.” Sec. 22.
(a)Section 557 of the Tariff Act of 1930 (U. S. C., 1934[46 Stat. 744](/us/stat/46/744).[19 U. S. C. § 1557](/us/usc/t19/s1557). edition, title 19, sec. 1557) is hereby further amended by inserting before the colon preceding the proviso in the first paragraph thereofTransfer to another warehouse at same port.Refund of duties. the words “or elsewhere, or for transfer to another bonded warehouse at the same port”; by eliminating the phrase “99 per centum of” from the last sentence of the said paragraph; by designating the present paragraphs thereof as subsections
(a)and (c), respectively; and by inserting between such subsections a new subsection
(b)to read as follows:" “(b) The right to withdraw any merchandise entered in accordanceTransfer of right to withdraw imports entered for warehouse. with subsection
(a)of this section for the purposes specified in such subsection may be transferred upon compliance with regulations prescribed by the Secretary of the Treasury. So long as anyRights of transferee. such transfer remains unrevoked the transferee shall have, with respect to the merchandise the subject of the transfer, all rights to file protests, and to the privileges provided for in this section and[46 Stat. 745, 746](/us/stat/46/745/746).[19 U. S. C. §§ 1562, 1563](/us/usc/t19/s1562/1563).Refunds of payments. in sections 562 and 563 of this Act which would otherwise be possessed by the transferor. The transferee shall also have the right to receive all lawful refunds of moneys paid by him to the United States with respect to the merchandise and no revocation52 Stat. 1088 Irrevocable transfer; bond, conditions, etc.of any transfer shall deprive him of this right. Any such transfer may be made irrevocable by the filing of a bond of the transferee in such amount and with such conditions as the Secretary of the Treasury shall prescribe, including an obligation to pay all unpaid regular, increased, and additional duties, charges, and exactions on the merchandise the subject of the transfer. Upon the filing of such bond the transferor shall be relieved from liability for the payment of duties, charges, and exactions on the merchandise the subject of the transfer, but shall remain bound by all other unsatisfied conditions of his bond.” "
(b)Retroactive provision. On and after the effective date of this Act, this section shall be effective with respect to merchandise entered for warehouse prior to, as well as after, such date. Sec. 23. [46 Stat. 744, 746](/us/stat/46/744/746).[19 U. S. C. §§ 1557, 1559, 1563](/us/usc/t19/s1557/1559/1563).Time limitation, storage of imported grain, repealed.
(a)Section 557 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1557) is hereby further amended and sections 559 and 563 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, secs. 1559 and 1563) are hereby amended by deleting “(or ten months in the case of grain)” wherever appearing in such sections.
(b)Grain imported prior to effective date and not abandoned. The amendments made by subsection
(a)of this section shall apply in the case of grain imported prior to the effective date of this Act which, on such date, has not become abandoned to the Government[46 Stat. 726, 744](/us/stat/46/726/744).[19 U. S. C. §§ 1401, 1559](/us/usc/t19/s1401/1559). under section 491 or 559 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19. sec. 1491 or 1559), and which has remained in the custody of customs officers. Sec. 24. [46 Stat. 744](/us/stat/46/744).[19 U. S. C. § 1558](/us/usc/t19/s1558). Section 558 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1558) is hereby amended to read as follows:" “SEC. 558. No remission or refund after release of merchandise. NO REMISSION OR REFUND AFTER RELEASE OF MERCHANDISE. “(a) Drawback, etc., restrictions. No remission, abatement, refund, or drawback of estimated or liquidated duty shall be allowed because of the exportation or destruction of any merchandise after its release from the custody of Exceptions.the Government, except in the following cases: “(1) Exports where drawback is expressly provided. When articles are exported with respect to which a drawback of duties is expressly provided for by law; “(2) Prohibited articles, subsequently exported or destroyed. When prohibited articles have been regularly entered in good faith and are subsequently exported or destroyed pursuant to a law of the United States and under such regulations as the Secretary of the Treasury may prescribe ; and “(3) Imports under bond destroyed within bonded period. When articles entered under bond, under any provision of law, are destroyed within the bonded period as provided for [46 Stat. 744](/us/stat/46/744).[19 U. S. C. § 1557](/us/usc/t19/s1557).in section 557 of this Act, or are destroyed within the bonded period by death, accidental fire, or other casualty, and proof of such destruction is furnished which shall be satisfactory to the Secretary of the Treasury, in which case any accrued duties shall be remitted or refunded and any condition in the bond that the articles shall be exported shall be deemed to have been satisfied. “(b) Articles exported or destroyed after release from customs custody; payment of duties.[46 Stat. 687](/us/stat/46/687).[19 U. S. C. § 1304](/us/usc/t19/s1304). When articles are exported or destroyed under customs supervision after once having Been released from customs custody, as provided for in subsection
(c)of section 304 of this Act, such exportation or destruction shall not exempt such articles from the payment of duties other than the marking duty provided for in such subsection (c).” " Sec. 25. [46 Stat. 745](/us/stat/46/745).[19 U. S. C. § 1562](/us/usc/t19/s1562). Section 562 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1562) is amended by adding the following new sentenceManipulation in other than a bonded warehouse. at the end thereof: “Under such regulations as the Secretary of the Treasury shall prescribe, imported merchandise which has been entered and which has remained in continuous customs custody may52 Stat. 1089 be manipulated in accordance with the provisions of this section under customs supervision and at the risk and expense of the consignee, but. elsewhere than in a bonded warehouse, in cases where neither the protection of the revenue nor the proper conduct of customs business requires that such manipulation be done in a bonded warehouse.” Sec. 26. So much of section 598 of the Tariff Act of 1930 (U. S. C.,[46 Stat. 752](/us/stat/46/752).[19 U. S. C. § 1598](/us/usc/t19/s1598). 1934 edition, title 19, sec. 1598) as precedes the first semicolon therein is hereby amended to read as follows: “If any unauthorized personOffenses relating to seals. affixes, attaches, or in any way willfully assists or encourages the affixing or attaching of a customs seal, fastening, or mark, or any seal, fastening, or mark purporting to be a customs seal, fastening, or mark to any vessel, vehicle, warehouse, or package”. Sec. 27. Section 603 of the Tariff Act of 1930 (U. S. C., 1934[46 Stat. 754](/us/stat/46/754).[19 U. S. C. § 1603](/us/usc/t19/s1603). edition, title 19, sec. 1603) is hereby amended to read as follows:" “SEC. 603. SAME—COLLECTOR’S REPORTS.Collector’s reports. “Whenever a seizure of merchandise for violation of the customsTo United States attorney if action by him required. laws is made, or a violation of the customs laws is discovered, and legal proceedings by the United States attorney in connection with such seizure or discovery are required, it shall be the duty of the collector or the principal local officer of the Customs Agency Service to report such seizure or violation to the United States attorney for the district in which such violation has occurred, or in which such seizure was made, and to include in such report a statement of all theStatement to be included. facts and circumstances of the case within his knowledge, with the names of the witnesses and a citation to the statute or statutes believed to have been violated, and on which reliance may be had for forfeiture or conviction.” " Sec. 28.
(a)Section 607 of the Tariff Act of 1930 (U. S. C., 1934[46 Stat. 754](/us/stat/46/754).[19 U. S. C. § 1607](/us/usc/t19/s1607). edition, title 19, sec. 1607) is hereby amended by striking out the words “forfeit and sell the same” and inserting in lieu thereofDisposition of customs seizures. the words “forfeit and sell or otherwise dispose of the same according to law”.
(b)Section 609 of the Tariff Act of 1930 (U. S. C., 1934 edition,[46 Stat. 755](/us/stat/46/755).[19 U. S. C. § 1609](/us/usc/t19/s1609). title 19, sec. 1609) is hereby amended by adding the words “or otherwise dispose of the same according to law” after the words “in the same manner as merchandise abandoned to the United States is sold”. Sec. 29. Section 613 of the Tariff Act of 1930 (U. S. C., 1934 edition,[46 Stat. 756](/us/stat/46/756).[19 U. S. C. § 1613](/us/usc/t19/s1613). title 19, sec. 1613) is hereby amended by inserting the word “and” after the semicolon at the end of subdivision
(2)thereof, by deleting subdivision
(3)thereof, and by redesignating subdivision
(4)thereof as subdivision (3). Sec. 30. Section 623 of the Tariff Act of 1930 (U. S. C., 1934 edition,[46 Stat. 759](/us/stat/46/759).[19 U. S. C. § 1623](/us/usc/t19/s1623). title 19, sec. 1623) is hereby amended to read as follows:" “SEC. 623. BONDS AND OTHER SECURITY. “(a) In any case in which bond or other security is not specificallyBonds and other security. required by law, the Secretary of the Treasury may by regulation or specific instruction require, or authorize collectors of customs to require, such bonds or other security as he, or they, may deem necessary for the protection of the revenue or to assure compliance with any provision of law, regulation, or instruction which the Secretary of the Treasury or the Customs Service may be authorized to enforce. “(b) Whenever a bond is required or authorized by a law, regulation,Regulations. or instruction which the Secretary of the Treasury or the 52 Stat. 1090Customs Service is authorized to enforce, the Secretary of the Treasury may— “(1) Conditions and form of bond, etc. Except as otherwise specifically provided by law, prescribe the conditions and form of such bond, and fix the amount of penalty thereof, whether for the payment of liquidated *Proviso*.Consolidated bonds.damages or of a penal sum: *Provided*, That when a consolidated bond authorized by paragraph 4 of this subsection is taken, the Secretary of the Treasury may fix the penalty of such bond without regard to any other provision of law, regulation, or instruction. “(2) Sureties. Provide for the approval of the sureties on such bond, without regard to any general provision of law. “(3) Term bonds. Authorize the execution of a term bond the conditions of which shall extend to and cover similar cases of importations over such period of time, not to exceed one year, or such longer period as lie may fix when in his opinion special circumstances existing in a particular instance require such longer period. “(4) Consolidated bond (single entry or term) in lieu of separate bonds. Authorize, to the extent that he may deem necessary, the taking of a consolidated bond (single entry or term), in lieu of separate bonds to assure compliance with two or more provisions of law, regulations, or instructions which the Secretary of the Treasury or the Customs Service is authorized to enforce. A consolidated bond taken pursuant to the authority contained in this subsection shall have the same force and effect in respect of every provision of law, regulation, or instruction for the purposes for which it is required as though separate bonds had been taken to assure compliance with each such provision. “(c) Cancellation in event of breach of any condition. The Secretary of the Treasury may authorize the cancellation of any bond provided for in this section, or of any charge that may have been made against such bond, in the event of a breach of any condition of the bond, upon the payment of such lesser amount or penalty or upon such other terms and conditions its he may deem sufficient. “(d) Condition not invalid on ground it is not specified in the law. No condition in any bond taken to assure compliance with any law, regulation, or instruction which the Secretary of the Treasury or the Customs Service is authorized to enforce shall be held invalid on the ground that such condition is not specified in the law, regulation, or instruction authorizing or requiring the taking of such bond. “(e) Acceptance of Federal securities in lieu of sureties on bond. The Secretary of the Treasury is authorized to permit the deposit of money or obligations of the United States, in such amount and upon such conditions as he may by regulation prescribe, in lieu of sureties on any bond required or authorized by a law, regulation, or instruction which the Secretary of the Treasury or the Customs Service is authorized to enforce.” " Sec. 31. [46 Stat. 635](/us/stat/46/635).[19 U. S. C. § 1001, par. 741](/us/usc/t19/s1001/par741). Paragraph 741 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1001, par. 741) is hereby amended by deleting the Dates; packing, duty.words “in packages weighing with the immediate container” and inserting in lieu thereof the words “packed in units of any description weighing (with the immediate container, if any)”. Sec. 32. [46 Stat. 640](/us/stat/46/640).[19 U. S. C. § 1001, par. 813](/us/usc/t19/s1001/par813).Breakage, etc., allowance.[46 Stat. 646](/us/stat/46/646).[19 U. S. C. § 1001, par. 1101](/us/usc/t19/s1001/par1101).Wools and manufactures of.Redesignations of subparagraphs. Paragraph 813 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1001, par. 813) is hereby amended by deleting the word “five” and inserting in lieu thereof the word “fifteen”. Sec. 33.
(a)Paragraph 1101 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1001, par. 1101) is hereby amended by redesignating subparagraph
(b)thereof as subparagraph (c), by changing the colon at the end of the first proviso in subparagraph
(a)thereof to a period and deleting all the matter in such subparagraph
(a)following such colon, and by inserting in such paragraph a new subparagraph (b), to read as follows:52 Stat. 1091 " “(b) Any of the foregoing may be entered or withdrawn fromWithdrawal under bond to insure use only in enumerated manufactures. warehouse without the payment of duty by a manufacturer, processor, or dealer upon the filing of a bond to insure that any wool or hair entered or withdrawn thereunder shall be used only in the manufacture of press cloth, camel’s hair belting, knit or felt boots, heavy fulled lumbermen’s socks, rugs, carpets, or any other floor coverings. A manufacturer, processor, or dealer may be relieved ofRelease of liability on transfer, etc. liability under his bond with respect to any wool or hair so entered or withdrawn which is transferred in its imported or any other form to another manufacturer, processor, or dealer who has filed a bond to insure that the merchandise so transferred shall be used only in the manufacture of the above-enumerated articles. If any woolDuties if used or transferred for other purposes, etc. or hair so entered, withdrawn, or transferred under bond is used or transferred for use in its imported or any other form in any manner otherwise than in the manufacture of the articles enumerated above, there shall be levied, collected, and paid on the merchandise so used or transferred in violation of the bond the regular duties which would apply to such merchandise if imported in its condition at the time, of such use or transfer. Such duties shall be paid by thePayment. manufacturer, processor, or dealer whose bond is charged with the wool or hair at the time of such use or transfer; but such duties shall not be levied or collected on any merchandise (except white soft wastes, white threads and noils, which shall be dutiable at seven-eighths of such regular duties when used or transferred for use otherwise than in the manufacture of the enumerated articles) resulting in the usual course of manufacture of such enumerated manufactured articles which cannot be used (with or without further preparation) in the usual course of the manufacture of such enumerated articles, or which is exported or destroyed. When any wool orBonded wool or hair combined with other merchandise. hair which has been entered or withdrawn under bond as provided for in this subparagraph is used or transferred for use, in its imported or any other form, otherwise than in the manufacture of the above-enumerated articles and prior to such use or transfer there shall have been combined or mixed with such wool or hair any other merchandise, the whole or the combination or mixture shall be presumed to be composed of wool or hair entered or withdrawn under bond, as provided for in this subparagraph, unless the manufacturer, processor, or dealer liable for the payment of the duties shall establish the quantity of bonded wool or hair in such combination or mixture. Every manufacturer, processor, or dealer who has given a bond pursuantReport of violations. to the provisions of this subparagraph shall report any use or transfer of merchandise in violation of the terms of his bond, within thirty days after such use or transfer, to the collector of customs in whose district the bond is filed: and for failure to so report, suchPenalty for failure to report. manufacturer, processor, or dealer shall be liable to a penalty equal to the value of the merchandise so used or transferred at the time and place of such use or transfer. Such penalty shall be in addition to the duties above provided for. The Secretary of the Treasury isRegulations, bond, etc. authorized to prescribe such regulations and the form, conditions, and amounts of such bonds as may be necessary to carry into effect the provisions of this subparagraph,” "
(b)The provisions of paragraph 1101 of the Tariff Act of 1930,[46 Stat. 646](/us/stat/46/646).[19 U. S. C. § 1001, par. 1101](/us/usc/t19/s1001/par1101).Wool or hair under bond on effective date of Act. as amended by this Act, with respect to wool or hair entered under bond for use in the manufacture of articles enumerated in such paragraph, shall apply with respect to wool or hair under bond on the effective date of this Act, as well as with respect to wool or hair thereafter imported. Sec. 34.
(a)Paragraph 1111 of the Tariff Act of 1930 (U. S. C.,[46 Stat. 649](/us/stat/46/649).[19 U. S. C. § 1001, par. 1111](/us/usc/t19/s1001/par1111).Phrase deleted. 1934 edition, title 19, sec. 1001, par. 1111) is hereby amended by deleting therefrom the phrase “of blanketing,”. 52 Stat. 1092
(b)[46 Stat. 649](/us/stat/46/649).[19 U. S. C. § 1001, par. 1115 (b)](/us/usc/t19/s1001/par1115/b).[47 Stat. 2438](/us/stat/47/2438).Forms for hats wholly or chiefly wool; duty. Paragraph 1115
(b)of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1001, par. 1115 (b)), as modified by the President’s proclamation of March 16, 1931 (Proclamation Numbered 1941, 47 Stat. 2438), is hereby amended by striking out the words “manufactured wholly or in part of wool felt” and inserting in lieu thereof the words “wholly or in chief value of wool but not knit or crocheted nor made in chief value of knit, crocheted, or woven material,”.
(c)[46 Stat. 665](/us/stat/46/665).[19 U. S. C. § 1001, par. 1529 (a)](/us/usc/t19/s1001/par1529/a).Textual amendment.[46 Stat. 695](/us/stat/46/695).[19 U. S. C. § 1314](/us/usc/t19/s1314).Section repealed.[46 Stat. 674](/us/stat/46/674).[19 U. S. C. § 1201, par. 1615](/us/usc/t19/s1201/par1615).Paragraph amendedFree list.Domestic articles returned by ex porter. Paragraph 1529
(a)of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1001, par. 1529 (a)) is hereby amended by inserting “1116 (a),” after the figure “1111”. Sec. 35. Section 314 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1314) is hereby repealed, and paragraph 1615 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1201, par. 1615) is hereby amended to read as follows:" “Par. 1615.
(a)Articles, the. growth, produce, or manufacture of the United States, when returned after having been exported, without haring been advanced in value or improved in condition by any process of manufacture or other means. “(b) Outer containers of domestic or foreign manufacture. Steel boxes, casks, barrels, carboys, bags, quicksilver flasks or bottles, metal drums, and other substantial outer containers of domestic or foreign manufacture, exported empty and returned as usual containers or coverings of merchandise, or exported filled with products of the United States and returned empty or as the usual containers or coverings of merchandise, including shooks and staves produced in the United States when returned as boxes or barrels in use as the usual containers of merchandise. “(c) Photographic dry plates and films, etc.; exception. Photographic dry plates and films of the manufacture of the United States (except moving-picture films to be used for commercial purposes), exposed abroad, whether developed or not. “(d) Photographic films light struck or otherwise damaged, or worn out, so as to be unsuitable for any other purposes than the recovery of the constituent materials, provided the basic films are of the manufacture of the United States. “(e) Exceptions. The foregoing provisions of this paragraph shall not apply to— “(1) Article on which drawback has been made.[46 Stat. 693](/us/stat/46/693).[19 U. S. C. § 1313](/us/usc/t19/s1313). Any article upon which an allowance of drawback has been made under section 313 of this Act or a corresponding provision of a prior tariff Act, unless such article is in use at the time of importation as the usual container or covering of merchandise not subject to an ad-valorem rate of duty; “(2) Where tax imposed at time article is entered, etc., for consumption.Condition. Any article of a kind with respect to the importation of which an internal-revenue tax is imposed at the time such article is entered for consumption or withdrawn from warehouse for consumption, unless such article was subject to an internal-revenue tax imposed upon production or importation at the time of its exportation from the United States and it shall be proved that such tax was paid before exportation and not refunded; “(3) Articles produced, etc., in bonded warehouse and exported. Any article manufactured or produced in a customs bonded warehouse in the United States and exported under any provision of law; or “(4) [46 Stat. 673](/us/stat/46/673).[19 U. S. C. § 1201, par. 1606(c)](/us/usc/t19/s1201/par1606/c). Any article made dutiable under the provisions of paragraph 1606
(c)of this Act. “(f) Reimportations. Upon the entry for consumption or withdrawal from warehouse for consumption of any article previously exported, which is excepted from free entry under this paragraph by the foregoing subparagraph
(e)and is not otherwise exempted from the payment of duty, there shall be levied, collected, and paid thereon, in lieu of any other duty or tax, a duty equal to the total duty and internal-revenue tax, if any, then imposed with respect to the importation of like52 Stat. 1093 articles not previously exported from the United States, but in no case in excess of the sum of customs draw-back, if any, proved to have been allowed upon the exportation of such article from the United States plus the amount of the internal-revenue tax, if any, imposed at the time such article is entered for consumption or withdrawn from warehouse for consumption upon the importation of like articles not previously exported from the United States. Manufactured tobacco subject to duty hereunder shall be retained in customs custody until internal-revenue stamps in payment of any part of the legal duties measured by a rate or amount of internal-revenue tax shall have been placed thereon. “(g) Any article exported from the United States for repairs orArticles exported for repairs or alterations. alterations may be returned upon the payment of a duty upon the value of the repairs or alterations at the rate or rates which would apply to the article itself in its repaired or altered condition if not within the purview of this subparagraph. “(h) The allowance of total or partial exemption from duty underRegulations for allowance of exemptions. any provision of this paragraph shall be subject to such regulations as to proof of identity and compliance with the conditions of this paragraph as the Secretary of the Treasury may prescribe.” " Sec. 36. Paragraph 1798 of the Tariff Act of 1930, as amended[46 Stat. 683](/us/stat/46/683); [49 Stat. 1959](/us/stat/49/1959).[19 U. S. C., Supp. III, § 1201, par. 1798](/us/usc/t19/s1201/par1798). (U. S. C., 1934 edition. Supp. III, title 19, sec. 1201, par. 1798), is hereby further amended by striking out the third and fourth provisos thereof and inserting in lieu thereof the following: “ *Provided further*,*Provisos*.Allowance, articles brought in by U. S. residents for personal use, etc. That up to but not exceeding $100 in value of articles (including distilled spirits, wines, and malt liquors aggregating not more than one wine gallon and including not more than one hundred cigars) acquired abroad by such residents of the United States as an incident. of the foreign journey for personal or household use or as souvenirs or curios, but not bought on commission or intended for sale, shall be free of duty: *Provided further*, That
(a)in the case ofArticles acquired in country other than a contiguous country maintaining free zone or free port. articles acquired in any country other than a contiguous country which maintains a free zone or free port, the exemption authorized by the preceding proviso shall apply only to articles so acquired by a returning resident who has remained beyond the territorial limits of the United States for a period of not less than forty-eight hours and
(b)in the case of articles acquired in a contiguous countryContiguous country which maintains free zone or port. which maintains a free zone or free port, the Secretary of the Treasury shall by special regulation or instruction, the application of which may be restricted to one or more individual ports of entry, provide that the exemption authorized by the preceding proviso shall be applied only to articles acquired abroad by a returning resident who has remained beyond the territorial limits of the United States for not less than such period (which period shall not exceed twenty-four hours) as the Secretary may deem necessary in the public interest or to facilitate enforcement at the specified port or ports of the requirement that the exemption shall apply only to articles acquired as an incident of the foreign journey: *Provided further*, That the exemption authorized by the second preceding proviso shallApplication of exemptions restricted. apply only to articles declared in accordance with regulations to be prescribed by the Secretary of the Treasury by a returning resident who has not taken advantage of the said exemption within the thirty-day period immediately preceding his return to the United States: *Provided further*, That no such special regulation or instructionSpecial regulations, etc., effective date. shall take effect until the lapse of ninety days after the date of such special regulation or instruction: *And provided further*, ThatExemption of articles from internal revenue taxes. all articles exempted by this paragraph from the payment of duty shall also be exempt from the payment of any internal-revenue taxes. ” 52 Stat. 1094 Sec. 37. Effective dates of provisions.*Ante*, pp. 1090. 1091. Sections 31 and 34 of this Act shall take effect on the date of enactment of this Act. Except as otherwise specially provided in this Act, the remainder of this Act shall take effect on the thirtieth day following the date of its enactment. Approved, June 25, 1938, 5 p. m., E. S. T. To regulate interstate commerce by establishing an unemployment insurance system for individuals employed by certain employers engaged in interstate commerce, and for other purposes. 1938-06-25 680 Chapter 52 Stat. 1094 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 75 3 public [CHAPTER 680] AN ACT To regulate interstate commerce by establishing an unemployment insurance system for individuals employed by certain employers engaged in interstate commerce, and for other purposes. June 25, 1938[[H. R. 10127](/us/bill/75/hr/10127)][[Public, No. 722](/us/bill/75/pl/722)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Railroad Unemployment Insurance Act. definitions Definitions. Section 1. Meaning of terms, except in amending other Acts.“Employer.” For the purposes of this Act, except when used in amending the provisions of other Acts—
(a)The term “employer” means any carrier (as defined in subsection
(b)of this section), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business *Proviso*.Street, interurban, or suburban electric railways.of any such employer: *Provided*, *however*, That the term “employer” shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated Lines operated by electric power, classification.by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request, of the Board, or upon complaint of any party interested, to determine after hearing whether any line operated by electric power falls within the terms of this Inclusion of railroad associations, etc.proviso. The term ‘Employer” shall also include railroad associations, traffic associations, tariff bureaus, demurrage bureaus, weighing and inspection bureaus, collection agencies, and other associations, bureaus, agencies, or organizations controlled and maintained wholly or principally by two or more employers as hereinbefore defined and engaged in the performance of services in connection with or incidental to railroad transportation; and railway labor organizations, national in scope, which have been or may be organized in accordance with the [44 Stat. 577](/us/stat/44/577).[45 U. S. C. ch. 8; Supp. III, ch. 8](/us/usc/t45/ch8).provisions of the Railway Labor Act, and their State and National legislative committees and their general committees and their insurance departments and their local lodges and divisions, established pursuant to the constitution and bylaws of such organizations.
(b)“Carrier.”[24 Stat. 379](/us/stat/24/379).[49 U. S. C. ch. 1; Supp. III, ch. 1](/us/usc/t49/ch1). The term “carrier” means an express company, sleeping-car company, or carrier by railroad, subject to part I of the Interstate Commerce Act.
(c)“Company.” The term “company” includes corporations, associations, and joint-stock companies,
(d)“Employee.” The term “employee” (except when used in phrases establishing a different meaning) means any individual who is or has been
(i)in the service of one or more employers for compensation, or
(ii)an52 Stat. 1095 employee representative. The term “employee” shall include an employee of a local lodge or division defined as an employer in section 1
(a)only if he was in the service of a carrier on or after August 29, 1935. The term “employee” includes an officer of an employer. An individual is in the service of an employer whether his serviceService without the United States included. is rendered within or without the United States if he is subject to the continuing authority of the employer to supervise and direct the manner of rendition of his service, which servicié he renders for compensation: *Provided*, *however*, That an individual shall be deemed to be*Proviso*.Status of person employed within, for a business without United States. in the service of an employer not conducting the principal part of its business in the United States only when he is rendering service to it in the United States.
(e)The term “employee representative” means any officer or official“Employee representative.” representative of a railway labor organization other than a labor organization included in the term employer as defined in section 1
(a)who before or after August 29, 1935, was in the service of an employer as defined in section 1
(a)and who is duly authorized and designated to represent employees in accordance with the Railway Labor Act,[48 Stat. 1185](/us/stat/48/1185).[45 U. S. C. § 151](/us/usc/t45/s151). and any individual who is regularly assigned to or regularly employed by such officer or official representative in connection with the duties of his office.
(f)The term “part-time worker” means any employee whose contract“Part-time worker.” of hire
(i)provides for regular employment for less than the normal number of hours per day, or less than the normal number of days per month, or both, prevailing for the class of service which he renders to one or more employers, and
(ii)does not provide that he shall be continuously subject to call for service for the normal number of hours per day and the normal number of days per month prevailing for the class of service which he renders.
(g)The term “employment” means service performed as“Employment.” an employee.
(h)The term “half-month” means a period of any fifteen consecutive“Half-month.” days; but, with respect to any individual no day shall be included in more than one half-month.
(i)The term “compensation” means any form of money, remuneration,“Compensation.” including pay for time lost but excluding tips, payable for services rendered as an employee to one or more employers, or as an employee representative: *Provided*, *however*, That in computing the*Proviso*.Maximum amount recognized. compensation payable to any employee with respect to any calendar month, no part of any compensation in excess of $300 shall be recognized.
(j)The term “remuneration” means pay for services for hire,“Remuneration” including pay for time lost, and tips, but pay for time lost shall bo deemed earned on the day on which such time is lost. The termPayments not included. “remuneration” does not include
(i)the voluntary payment by another, without deduction from the pay of an employee, of any tax or contribution now or hereafter imposed with respect to the remuneration of such employee, or
(ii)any money payments received pursuant to any nongovernmental plan for unemployment insurance.
(k)Subject to the provisions of section 4 of this Act, a day ofA day of unemployment.*Post*, p.1098. unemployment, with respect to any employee, means a calendar day on which he is able to work and is available for work and with respect to which
(i)no remuneration is payable to him, and
(ii)he has in accordance with such regulations as the Board may prescribe, registered at an employment office: *Provided*, *however*, That with*Provisos*.Part-time workers. respect to a part-time worker a calendar day on which he is not normally employed shall not constitute a day of unemployment: 52 Stat. 1096 *And provided further*,Where normal shift includes parts of two consecutive calendar days. That, with respect to any employee whose normal work shift includes a part of each of two consecutive calendar days, the term “calendar day”, as heretofore used in this subsection, shall mean such equivalent period of twenty-four hours as the Board may by regulation prescribe.
(1)“Base year.” The term “base year” means the year with respect to which an employee’s compensation is used in determining his qualification for, and the amounts of, benefits; and, with respect to any employee, shall be the last completed calendar year before the beginning of his benefit year if his benefit year begins on or after July 1 of any calendar year, and the next to the last completed calendar year before the beginning of his benefit year if his benefit year begins before July 1 of any calendar year.
(m)“Benefits.” The term “benefits” (except when used in the term “unemployment benefits”) means the money payments payable to an employee as provided in this Act, with respect to his unemployment.
(n)“Benefit year.” The term “benefit year”, with respect to any employee, means the twelvemonths period which begins with the first day with respect to which benefits are first payable to him, and thereafter the twelve-months period which begins with the first day with respect to which benefits are next payable to him after the termination of his last preceding benefit year.
(o)“Employment office.” The term “employment office” means a free employment office operated by the Board, or designated as such by the Board pursuant *Post*, p. 1109.to section 12
(i)of this Act.
(p)“Account.” The term “account” means the railroad unemployment insurance account established pursuant to section 10 of this Act in the unemployment trust fund.
(q)“Fund.” The term “fund” means the railroad unemployment insurance *Post*, p. 1105.administration fund, established pursuant to section 11 of this Act.
(r)“Board.” The term “Board” means the Railroad Retirement Board.
(s)“United States.” The term “United States”, when used in a geographical sense, means the States, Alaska, Hawaii, and the District of Columbia.
(t)“State.” The term “State” means any of the States, Alaska, Hawaii, or the District of Columbia.
(u)References to Acts of Congress. Any reference in this Act to any other Act of Congress, including such reference in amendments to other Acts, includes a reference to such other Act as amended from time to time. benefits Benefits. Sec. 2.
(a)Qualified employees. Except as may otherwise be prescribed for part-time workers pursuant to subsection
(d)of this section, a qualified employee shall be paid benefits for each day of unemployment in excess of seven during any half-month which begins after June 30, 1939. Amount for each day of unemployment.The benefits payable to any such employee for each such day of unemployment shall be the amount appearing in the following table in column II on the line on which, in column I, appears the compensation-range containing the total amount of compensation payable to him with respect to employment in his base year: Column ITotal compensation Column IIDaily benefitamount $150 to $199.99 $1. 75 $200 to $474.99 $2. 00 $475 to $749.99 $2. 25 $750 to $1,024.99 $2. 50 $1,025 to $1,299.99 $2. 75 $1,300 to over $3. 00 52 Stat. 1097
(b)The benefits provided for in this section shall be paid to anIntervals of payment. employee at such reasonable intervals as the Board may prescribe.
(c)The maximum benefits payable to an employee for unemploymentYearly maximum, limitation. within his benefit year shall not exceed eighty times the daily benefits payable to him.
(d)The Board shall prescribe regulations for determining thePart-time workers. amount of daily benefits, and the maximum benefits during any benefit year, to be payable to part-time workers and for determining the days of unemployment with respect to which such benefits shall be payable. Such regulations shall provide benefits reasonably proportionate to the benefits hereinbefore provided for other employees, with due regard to the compensation payable per month to a part-time worker with respect to his part-time employment, as compared with the compensation per month prevailing in the same locality for employees employed by employers for the full-time hours or days per month prevailing in the locality for the same class of service. Such regulations shall provide also for the payment of such benefits to a part-time worker only with respect to his days of unemployment in excess of a number to be prescribed with due regard to the pro-portion of full time which he regularly works.
(e)The provisions of section 9 of the Kailroad Retirement ActErroneous payments.[50 Stat. 314](/us/stat/50/314).[45 U. S. C., Supp. III, § 228i](/us/usc/t45/s228i). of 1937 shall be applicable to benefits under this Act to the same extent and in the same manner as therein provided with respect to annuities, death benefits, and pensions.
(f)No benefits shall be assignable or be subject to any tax or toBenefits not assignable, etc. garnishment, attachment, or other legal process under any circumstances whatsoever, nor shall the payment thereof be anticipated.
(g)If
(i)benefits are paid to any employee with respect to anyIf benefits paid and other remuneration payable. period, and there is later determined to be payable to such employee any remuneration with respect to such period, and
(ii)the person or company from whom such remuneration is payable has, before payment thereof, notice of the payment of such benefits, the remunerationRemuneration to be held as special trust fund. so payable shall not be reduced by reason of such benefits but the remuneration so payable, to the extent of such benefits, shall be held to be a special fund in trust for the Board. The amount of such special fund shall be paid to the Board and in the collection thereof the Board shall have the same authority, and the same penalties shall apply, as are provided in section 8 of this Act with respect to contributions. The proceeds of such special fund shall be credited to the account. The amount of such benefits, to the extent that it is represented in such a special fund which has been collected by the Board, shall be disregarded for the purposes of subsections
(a)and
(c)of this section. qualifying conditions Sec. 3. An employee shall be qualified to receive benefits in accordanceQualifying conditions. with section 2 of this Act only if the Board finds that—
(a)There was payable to him compensation of not less than $150Minimum base year pay. with respect to employment during his base year; and
(b)Within six months prior to his benefit year and after June 15,Waiting period. 1939, he has had a waiting period of at least fifteen consecutive days of unemployment, or two half-months during each of which he had at. least eight days of unemployment. No such period shall be counted for the purposes of this subsection if unemployment benefits have been paid with respect to the whole or any part thereof under this Act, any other Act of Congress, or under any other unemployment compensation law. 52 Stat. 1098 disqualifying conditions Sec. 4 Disqualifying conditions.
(a)There shall not be considered as a day of unemployment, with respect to any employee—
(i)Leaving work voluntarily without good cause. any of the thirty days beginning with the day with respect to which the Board finds that he left work voluntarily without good cause;
(ii)Misconduct. any of the forty-five days beginning with the day with respect to which the Board finds that he was discharged or suspended for misconduct related to his work;
(iii)Failing to accept suitable work without good cause. any of the thirty days beginning with the day with respect to which the Board finds that he failed, without good cause, to accept suitable work available on such day and offered to him;
(iv)Called to report but unavailable. any of the fifteen days beginning with the day with respect to which the Board finds that he was, with proper notice, called upon to report for suitable work available on such day and was able to work but was not available;
(v)Unemployment due to strike in violation of law, etc. subject to the provisions of subsection
(b)of this section, any day with respect to which the Board finds that his unemployment was due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which he was last employed, and the Board finds that such strike was commenced in violation of the provisions of the Railway Labor [48 Stat. 1185](/us/stat/48/1185).[45 U. S. C. § 151](/us/usc/t45/s151).Act or in violation of the established rules and practices of a bona fide labor organization of which he was a member;
(vi)False or fraudulent statements. any of the seventy-five days beginning with the first day of any half-month with respect to which the Board finds that he knowingly made or aided in making or caused to be made any false or fraudulent statement or claim for the purpose of causing benefits to be paid;
(vii)Receiving similar benefits under designated Acts. any day in any period with respect to which the Board finds that he is receiving, has received, or has a right to receive compensation or other wages in lieu of notice, annuity payments,[49 Stat. 967](/us/stat/49/967); [50 Stat. 307](/us/stat/50/307).[45 U. S. C., Supp. III, ch. 9](/us/usc/t45/ch9).[49 Stat. 622](/us/stat/49/622).[42 U. S. C., Supp. III, 401–410a](/us/usc/t42/s401–410a). or pensions under the Railroad Retirement Act of 1935 or the Railroad Retirement Act of 1937, or old-age benefits under title II of the Social Security Act or payments for similar purposes under any other Act of Congress; or he is receiving or has received unemployment benefits under an unemployment compensation law of any State or of the United States other than this Act;
(viii)Performance of 25 per centum of maximum employment allowable for calendar month in half-month. any day in any half-month with respect to which the Board finds that he performed at least 25 per centum of the maximum employment allowable to him for a calendar month pursuant to a contract of employment providing for the determination of his compensation, wholly or partially, on a mileage basis;
(ix)Performance of 50 per centum of maxi-mum employment allowable for calendar month In month. any day in any calendar month with respect to which the Board finds that he had prior to such day performed at least 50 per centum of the maximum employment allowable to him during such calendar month pursuant to a contract of employment providing for the determination of his compensation, wholly or partially, on a mileage basis.
(b)Strike, etc., disqualification not to apply in specified cases.Nonparticipants, etc. The disqualification provided in section 4
(v)of this Act shall not apply if the Board finds that—
(i)the employee is not participating in or financing or directly interested in the strike which causes the stoppage of *Proviso*.Payment of dues not deemed financing strike.work: *Provided*, That payment of regular union dues shall not be construed to constitute financing a strike or direct interest in a strike within the meaning of this and the following paragraphs; and 52 Stat. 1099
(ii)he does not belong to a grade or class of workers of which,Person does belong to class, any of whom are participants, etc. immediately before the commencement of the stoppage, there were members employed in the establishment, premises, or enterprise at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute: *Provided*, That if separate types of work are commonly conducted*Proviso*.Enterprise conducting separate types of work. in separate departments of a single enterprise, each such department shall, for the purposes of this subsection, be deemed to be a separate establishment, enterprise, or other premises.
(c)No work shall be deemed suitable for the purposes of sectionWhen work offered deemed not suitable.*Ante*, p. 1098. 4
(iii)or 4
(iv)of this Act, and benefits shall not be denied under this Act to any otherwise qualified employee for refusing to accept work if—
(i)the position offered is vacant due directly to a strike, lockout,Position offered is vacant because of labor dispute. or other labor dispute;
(ii)the remuneration, hours, or other conditions of workUnfavorable labor conditions. offered are substantially less favorable to the employee than those prevailing for similar work in the locality, or the rate of remuneration is less than the union wage rate, if any, for similar work in the locality;
(iii)as a condition of being employed he would be requiredLabor organization membership. to join a company union or to resign from or refrain from joining any bona fide labor organization;
(iv)acceptance of the work would require him to engage inAcceptance would involve law violation, etc. activities in violation of law or which, by reason of their being in violation of reasonable requirements of the constitution, bylaws, or similar regulations of a bona fide labor organization of which he is a member, would subject him to expulsion from such labor organization; or
(v)acceptance of the work would subject him to loss ofLoss of substantial seniority rights, etc. substantial seniority rights under any collective bargaining agreement between a railway labor organization, organized in accordance with the provisions of the Railway Labor Act, and any other employer.
(d)In determining, within the limitations of section 4
(c)of thisAdditional factors to be considered. Act, whether or not any work is suitable for an employee for the purposes of sections 4
(iii)and 4
(iv)of this Act, the Board shall consider, in addition to such other factors as it deems relevant,
(i)the current practices recognized by management and labor withCurrent recognized practices with respect to such work.Degree of risk involved.Physical fitness and training, experience and prior earnings.Length of unemployment, etc.Distance of available work.Voluntary leaving of work defined.*Ante*, p. 1098. respect to such work;
(ii)the degree of risk involved to such employee’s health, safety, and morals;
(iii)his physical fitness and prior training;
(iv)his experience and prior earnings;
(v)his length of unemployment and prospects for securing work in his customary occupation; and
(vi)the distance of the available work from his residence and from his most recent work.
(e)For the purposes of section 4
(i)of this Act, no voluntary leaving of work shall be deemed to have been without good cause if the Board finds that such work would not have been suitable for the purposes of sections 4
(iii)and 4
(iv)of this Act. claims for benefits Sec. 5.
(a)Claims for benefits and appeals from determinationsClaims for benefits and appeals from determinations; regulations governing. with respect thereto shall be made in accordance with such regulations as the Board shall prescribe. Each employer shall post and maintain, in places readily accessible to employees in his service, such printed statements concerning such regulations as the Board supplies to him for such purpose, and shall keep available to his employees copies of such printed statements. Such printed statements shall be supplied by the Board to each employer without cost to him. 52 Stat. 1100
(b)Findings and decisions of Board. The Board is authorized and directed to make findings of fact with respect to any claim for benefits and to make decisions as to the right of any claimant to benefits. The Board is further authorized to hold such hearings, to conduct such investigations and other proceedings, and to establish, by regulations or otherwise, such procedures as it may deem necessary or proper for the determination of a right to benefits.
(c)Hearings before district board when claims have been denied.Establishment of district boards; composition, etc. Each claimant whose claim for benefits has been denied upon an initial determination with respect thereto, shall be granted an opportunity for a fair hearing thereon before a district board. The Board shall establish such district boards as it may deem necessary to provide for such hearings. Each district board shall consist of three members, one of whom shall be a representative of the Board, who shall serve, as chairman, one of whom shall be appointed by the Board from recommendations made by representatives of employees, and one of whom shall be appointed by the Board from recommendations made by representatives of employers. Each of the latter two members shall not be subject to the civil-service laws or rules and shall be paid a per diem salary of such amount as the Board finds reasonable for each day of active service on such district board, plus Alternates.necessary expenses. The Board may designate an alternate for each member of a district board to serve in the absence or disqualification of such member. In no case shall a hearing before a district board proceed unless the chairman thereof is present. In the absence or disqualification of any other member and his alternate, the chairman shall act alone as the district board.
(d)Regulations governing filing of cases, decisions, and reviews. The Board shall prescribe regulations governing the filing of cases with and the decision of cases by district boards, and the review Intermediate reviews.of such decisions. The Board may provide, for intermediate reviews of such decisions by such bodies as the Board may establish or assign thereto. The Board may
(i)on its own motion review a decision of a district board or of an intermediate reviewing body on the basis of the evidence previously submitted in such case, and may direct the taking of additional evidence, or
(ii)pennit such parties as it finds properly interested in the proceedings to take appeals to the Appeals.Board. Unless a review or an appeal is had pursuant to this subsection, the decision of a district board or of an intermediate reviewing body shall, subject to such regulations as the Board may prescribe, be deemed to be the final decision of the Board.
(e)Rules of evidence; record of proceedings, etc. In any proceeding other than a court proceeding, upon a claim for benefits, the rules of evidence prevailing in courts of law or equity shall not be controlling, but a full and complete record shall be kept of all proceedings and testimony, and the Board’s final determination allowing or denying benefits, together with its findings of fact and conclusions of law in connection therewith, shall be communicated to the claimant within fifteen days after the date of such final determination.
(f)Appeal to district court from final decision of Board; procedure.[48 Stat. 1185](/us/stat/48/1185).[45 U. S. C. § 151](/us/usc/t45/s151).Filing of petition for review. Any claimant, and any railway labor organization organized in accordance with the provisions of the Railway Labor Act, of which such claimant is a member, may, only after all administrative remedies within the. Board have been availed of and exhausted, obtain a review of any final decision of the Board with reference to a claim for benefits by filing a petition for review within ninety days after the mailing of notice of such decision to the claimant, or within such further time as the Board may allow, in the United States district court for the judicial district in which the claimant resides, or in the United States District Court for the District of Columbia. A copy of such petition, together with initial process, shall forthwith52 Stat. 1101 be served upon the Board or any officer designated by it for such purpose, Service may be made upon the Board by registered mail addressed to the Chairman. Within fifteen days after receipt of service, or within such additional time as the court may allow, the Board shall certify and file with the court in which such petition has been filed a transcript of the record upon which the findings and decision complained of are based. Upon such filing the court shall have exclusive jurisdiction of the proceeding and of the question determined therein, and shall give precedence in the adjudication thereof over all other civil cases not otherwise entitled by law to precedence. It shall have power to enter upon the pleadings and transcript of the record a decree affirming, modifying, or reversing the decision of the Board, with or without remanding the cause for rehearing. The findings of the Board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive. No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the Board, and the Board may, after hearing such additional evidence, modify its findings of fact and conclusions and file such additional or modified findings and conclusions with the court, and the Board shall file with the court a transcript of the additional record. The judgment and decree of the court shall be final, subject to review as in equity cases. An applicant for review of a final decision of the Board concerningClaimant not liable for costs; exception. a claim for benefits shall not be liable for costs, including costs of service, or costs of printing records, except that costs may be assessed by the court against such applicant if the court determines that the proceedings for such review have been instituted or continued without reasonable ground.
(g)Findings of fact and conclusions of law of the Board in theFindings of fact and conclusions of law of Board, etc., conclusive; exception. determination of any claim for benefits or refund and the determination of the Board that the unexpended funds in the account are available for the payment of any claim for benefits or refund under this Act, shall be, except as provided in subsection
(f)of this section, binding and conclusive for all purposes and upon all persons, including the Comptroller General and any other administrative or accounting officer, employee, or agent of the United States, and shall not be subject to review in any manner other than that set forth in subsection
(f)of this section.
(h)Except as may be otherwise prescribed by regulations of theBenefits payable before Board’s final decision. Board, benefits payable with respect to any period prior to the date of a final decision of the Board with respect to a claim therefor, shall be paid only after such final decision.
(i)No claimant claiming benefits shall be charged fees of anyRestriction on charging of fees by Board. kind by the Board, its employees or representatives, with respect to such claim. Any such claimant may be represented by counsel orRepresentation by counsel; limitation on fees. other duly authorized agent, in any proceeding before the Board or its representatives or a court, but no such counsel or agent shall either charge or receive for such services more than an amount approved by the Board or by the court before whom the proceedings of the Board are reviewed. Any person who violates any provision of thisPenalty for violation. subsection shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year. conclusiveness of returns of compensation and of failure to make returns of compensation Sec. 6. Employers shall file with the Board, in such manner andConclusiveness of returns of compensation and of failure to make returns of compensation. form and at such times as the Board by regulations may prescribe, returns under oath of monthly compensation of employees, and, if52 Stat. 1102the Board shall so require, shall furnish employees with statements of their monthly compensation as reported to the Board. Any such return shall be conclusive as to the amount of compensation earned by an employee during each month covered by the return, and the fact that no return was made of the compensation claimed to be earned by an employee during a particular calendar month shall be taken as conclusive that no compensation was earned by such employee during that month, unless the error in the amount of compensation returned in the one case, or the failure to make return of the compensation hi the other case, is called to the attention of the Board within four years after the last date on which return of the compensation was required to be made. free transportation Sec. 7. Free transportation. It shall not be unlawful for carriers to furnish free transportation to employees qualified for benefits or serving waiting periods under this Act. contributions Contributions. Sec. 8. Payment by employer with respect to employees in his service.
(a)Every employer shall pay a contribution, with respect to having employees in his service, equal to 3 per centum of so much of the compensation as is not in excess of $300 for any calendar month payable by him to any employee with respect to employment after *Proviso*.Compensation payable by more than one employer.June 30, 1939: *Provided*, *however*, That if compensation is payable to an employee by more than one employer with respect to any such calendar month, the contributions required by this subsection shall apply to not more than $300 of the aggregate compensation payable to said employee by all said employers with respect to such calendar Liability for payment.month, and each such employer shall be liable for that proportion of the contribution with respect to such compensation which the amount payable by him to the employee with respect to such calendar month bears to the aggregate compensation payable to such employee by all employers with respect to such calendar month.
(b)Employee representative, contribution. Each employee representative shall pay, with respect to his income, a contribution equal to 3 per centum of so much of the compensation of such employee representative as is not in excess of $300 for any calendar month, paid to him for services performed as an Determination of compensation and contribution.employee representative after June 30, 1939. The compensation of an employee representative and the contribution with respect thereto shall be determined in the same manner and with the same effect as if the employee organization by which such employee representative is employed were an employer as defined in this Act.
(c)Fractions of cent. In the payment of any contribution under this Act, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.
(d)Adjustments. If more or less than the correct amount of the contribution required by this section is paid with respect to any compensation, then, under regulations prescribed under this Act by the Board, proper adjustments with respect to the contribution shall be made, without interest, in connection with subsequent contribution payments made under this Act by the same employer or employee representative.
(e)If more or less than the correct amount of the contribution required by this section is paid with respect to any compensation and the overpayment or underpayment of the contribution cannot be adjusted under subsection
(d)of this section, the amount of the over payment shall be refunded from the account, or the amount of the underpayment shall be collected, in such manner and at such times (subject to the statute of limitations properly applicable thereto) as may be prescribed by regulations of the Board. 52 Stat. 1103
(f)The contributions required by this Act shall be collected byDivision of deposits. the Board and shall be deposited by it with the Secretary of the Treasury of the United States, 90 per centum thereof to the credit of the account and 10 per centum thereof to the credit of the fund.
(g)The contributions required by this Act shall be collected andQuarterly collections of contributions. paid quarterly or at such other times and in such manner and under such conditions not inconsistent with this Act as may be prescribed by regulations of the Board, and shall not be deducted, in whole or in part, from the compensation of employees in the employer’s employ. If a contribution required by this Act is not paid when due, thereInterest charge on arrearage; exception. shall be added to the amount payable (except m the case of adjustments made in accordance with the provisions of this Act) interest at the rate of 1 per centum per month or fraction of a month from the date the contribution became due until paid. Any interest collected pursuant to this subsection shall be credited to the account.
(h)All provisions of law, including penalties, applicable withProvisions of law applicable.[44 Stat. 93, 99](/us/stat/44/93/99); [48 Stat. 768](/us/stat/48/768). respect to any tax imposed by section 600 or section 800 of the Revenue Act of 1926, and the provisions of section 607 of the Revenue Act of 1934, insofar as applicable and not inconsistent with the provisions of this Act, shall be applicable with respect to the contributions required by this Act: *Provided*, *however*, That all authority and functions*Proviso*.Authority and functions vested in Board; exception. conferred by or pursuant to such provisions upon any officers or employees of the United States, except the authority to institute and prosecute, and the function of instituting and prosecuting, criminal proceedings, shall, with respect to the contributions required by this Act, be vested in and exercised by the Board or such officers and employees of the Board as it may designate therefor. penalties Penalties. Sec. 9.
(a)Any officer or agent, of an employer, or any employee representative, or any employeeFailure to make report or furnish information. acting in his own behalf, or any person whether or not of the character hereinbefore defined, who shall willfully fail or refuse to make any report or furnish any information required by the Board in the administration of this Act, or who shall knowingly make or aid in making or cause to be made anyFalse, etc., statement. false or fraudulent statement or report when a statement or report is required to be made for the purposes of this Act, or who shall knowingly make or aid in making or cause to be, made any false or fraudulent statement or claim for the purpose of causing benefits or other payment to be made or not to be made under this Act, shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both.
(b)Any agreement by an employee to pay all or any portion ofPayment by employee of any portion of contribution required of employer. the contribution required of his employer under this Act shall be void, and it shall be unlawful for any employer, or officer or agent of an employer, to make, require, or permit any employee to bear all or any portion of such contribution. Any employer, or officer or agent of an employer, who violates any provision of this sub-section shall be punished for each such violation by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both.
(c)Any person who violates any provision of this Act, theViolation of any provision of Act not otherwise provided for. punishment for which is not otherwise provided, shall be punished for each such violation by a fine of not more than $1,000 or by imprisonment not exceeding one year, or both.
(d)All fines and penalties imposed by a court pursuant to thisCrediting fines, etc., imposed by court to account. Act shall be paid to the court and be remitted from time to time by order of the judge to the Treasury of the United States to be credited to the account. 52 Stat. 1104 railroad unemployment insurance account Railroad unemployment Insurance account.Maintenance. Sec. 10.
(a)The Secretary of the Treasury shall maintain in the unemployment trust fund established pursuant to section 904 of [49 Stat. 640](/us/stat/49/640).[42 U. S. C., Supp. III, § 1104](/us/usc/t42/s1104).Composition.the Social Security Act an account to be known as the railroad unemployment insurance account. This account shall consist of
(i)90 per centum of all contributions collected pursuant to section *Ante*, p. 1102.8 of this Act, together with all interest thereon collected pursuant to section 8 of this Act;
(ii)all amounts transferred or paid into *Post,* pp. 1110, 1112.the account pursuant to section 13 or section 14 of this Act;
(iii)all additional amounts appropriated to the account in accordance with any provision of this Act or with any provision of law now or hereafter adopted;
(iv)a proportionate part of the earnings of the unemployment trust fund, computed in accordance with tire provisions[49 Stat. 641](/us/stat/49/641).[42 U. S. C., Supp. III, § 1104 (e)](/us/usc/t42/s1104/e). of section 904
(e)of the Social Security Act;
(v)all amounts realized in recoveries for overpayments or erroneous payments of benefits;
(vi)all amounts transferred thereto pursuant *Post,* p. 1105.to section 11 of this Act;
(vii)all fines or penalties collected pursuant to the provisions of this Act; and
(viii)all amounts credited *Ante*, p. 1097; *post*, p. 1108.Availability for expenditure.thereto pursuant to section 2
(g)or section 12
(g)of this Act. Notwithstanding any other provision of law, all moneys credited to the account shall be mingled and undivided, and are hereby permanently appropriated to the Board to be continuously available to the Board without further appropriation, for the payment of benefits and refunds under this Act, and no part thereof shall lapse at any time, or be carried to the surplus fund or any other fund.
(b)Restriction on use. All moneys in the account shall be used solely for the payment Certification of names of beneficiaries.of the benefits and refunds provided for by this Act. The Board shall, from time to time, certify to the Secretary of the Treasury the name and address of each person or company entitled to receive benefits or a refund payment under this Act, the amount of such payment, and Payments prior to audit.the time at which it shall be made. Prior to audit or settlement by the General Accounting Office, the Secretary of the Treasury, through the Division of Disbursements of the Treasury Department, shall make payments from the account directly to such person or company of the amount of benefits or refund so certified by the Board: *Provided*, *however*,*Proviso*.Distribution through employment offices, etc. That if the Board shall so request, the Secretary of the Treasury, through the Division of Disbursements of the Treasury Department, shall transmit benefits payments to the Board for distribution by it through employment offices or in such other manner as the Board deems proper.
(c)Statement of status and operation in annual report to Congress. The Board shall include in its annual report to Congress a statement with respect to the status and operation of the account.
(d)Advances for paying benefits; repayment. The Secretary of the Treasury is hereby directed to advance to the credit of the account such sums, but not more than $25,000,000, as the Board requests for the purpose of paying benefits. Such sums shall be repaid from the account on January 1, 1941, or at such earlier time as the Board may, by agreement with the Secretary of the Treasury, determine.
(e)[49 Stat. 640](/us/stat/49/640).[42 U. S. C., Supp. III. § 1104 (a)](/us/usc/t42/s1104/a).Unemployment trust fund; establishment.Receipt of deposited funds. Section 904
(a)of the Social Security Act is hereby amended to read as follows:" “There is hereby established in the Treasury of the United States a trust fund to be known as the ‘unemployment trust fund’, hereinafter in this title called the ‘fund’. The Secretary of the Treasury is authorized and directed to receive and hold in the fund all moneys deposited therein by a State agency from a State unemployment fund, or by the Railroad Retirement Board to the credit of the railroad unemployment Depositories.insurance account. Such deposit may be made directly with the Secretary of the Treasury or with any Federal Reserve bank or member bank of the Federal Reserve System designated by him for such purpose.” " 52 Stat. 1105
(f)Section 904
(e)of the Social Security Act is hereby amended to[49 Stat. 641](/us/stat/49/641).[42 U. S. C., Supp, III, § 1104 (e)](/us/usc/t42/s1104/e).Investment as a single fund; accounting. read as follows:" “The fund shall be invested as a single fund, but the Secretary of the Treasury shall maintain a separate book account for each State agency and the railroad unemployment insurance account and shall credit quarterly on March 81, June 30, September 30, and December 31, of each year, to each account, on the basis of the average daily balance of such account, a proportionate part of the earnings of the fund for the quarter ending on such date.” "
(g)Section 904
(f)of the Social Security Act is hereby amended byPayments. adding thereto the following sentence: “The Secretary of the Treasury is authorized and directed to make such payments out of the fund as the Railroad Retirement Board may duly certify, not exceeding the amount standing to the railroad unemployment insurance account at the time of such payment.” railroad unemployment insurance administration fund Railroad unemployment insurance administration fund.Establishment. Sec. 11.
(a)There is hereby established in the Treasury of the United States a fund to be known as the railroad unemployment insurance administration fund. This fund shall consist of
(i)10Composition. per centum of all contributions collected pursuant to section 8 of this*Ante*, p. 1102. Act;
(ii)all amounts advanced to the fund by the Secretary of the Treasury pursuant to this section;
(iii)all amounts appropriated by subsection
(b)of this section; and
(iv)such additional amounts as Congress may appropriate for expenses necessary or incidental to administering this Act. Such additional amounts are hereby authorized to be appropriated.
(b)In addition to the other moneys herein provided for expensesAdditional sums appropriated for expenses. necessary or incidental to administering this Act, there is hereby appropriated to the fund such amount as the Secretary of the Treasury and the Board shall jointly estimate to have been collected or to be collectible with respect to the calendar years 1936, 1937, 1938, and 1939, from employers subject to this Act, under title IX of the[49 Stat. 639](/us/stat/49/639).[42 U. S. C., Supp. III, § 1101](/us/usc/t42/s1101).Deduction of appropriations to States or Territories. Social Security Act, less such amount as the Secretary of the Treasury and the Board shall jointly estimate will be appropriated or has been appropriated to States or Territories pursuant to the Act of Congress approved August 24, 1937 (Public, Numbered 353, Seventy-[50 Stat. 754](/us/stat/50/754).fifth Congress), as proceeds of taxes paid by employers pursuant to title IX of the Social Security Act. Until the amount appropriated by this subsection is credited toAdvances to credit of fund. the fund, the Secretary of the Treasury is hereby directed to advance to the credit of the fund such sums, but not more than $2,000,000, as the Board requests for the purpose of financing the costs of administering this Act, including personal services in the District of11So in original such time after the amount appropriated by this subsection is credited to the fund as the Board by agreement with the Secretary of the Treasury may determine, but not later than January 1, 1940.
(c)Notwithstanding any other provision of law, all moneys atAvailability of moneys credited to fund. any time credited to the fund are hereby permanently appropriated to the Board to be continuously available to the Board without further appropriation for any expenses necessary or incidental to administering this Act. Such advance shall be repaid from the fund at11So in original Columbia and elsewhere; travel expenses, including expenses ofTravel and miscellaneous expenses. attendance at meetings when authorized by the Board; actual transportation expenses and not to exceed $10 per diem to cover subsistence and other expenses while in attendance at and en route to and from the place to which he is invited, to any person other than an employee of the Federal Government who may, from time to time, be invited52 Stat. 1106 to the city of Washington or elsewhere for conference or advisory purposes in furthering the work of the Board; when found by the Board to be in the interest of the Government, not exceeding 3 per centum, in any fiscal year, of the amounts credited during such year `Contract, etc., services.to the fund, for engaging persons or organizations, by contract or otherwise, for any special technical or professional services, determined necessary by the Board, including but not restricted to accounting, actuarial, statistical, and reporting services, without regard to [R. S. § 3709](/us/rs/3709).[41 U. S. C. § 5](/us/usc/t41/s5).section 3709 of the Revised Statutes (U. S. C., title. 41, sec. 5) and the provisions of other laws applicable to the employment and compensation of officers and employees of the United States; services; advertising, postage, telephone, telegraph, teletype, and other communication services and tolls; supplies; reproducing, photographing, and all other equipment, office appliances, and labor-saving devices, Vehicles.including devices for internal communication and conveyance; purchase and exchange, operation, maintenance and repair of motor-propelled passenger-carrying vehicles to be used only for official purposesPrinting and binding. in the District of Columbia and in the field; printing and binding; purchase and exchange of law books, books of reference, and Newspapers, etc.directories; periodicals, newspapers and press clippings, in such amounts as the Board deems necessary, without regard to the provisions[R. S. § 192](/us/rs/192).[5 U. S. C. § 102](/us/usc/t5/s102). of section 192 of the Revised Statutes; manuscripts and special reports; membership fees or dues in organizations which issue publications to members only, or to members at a lower price than to others, payment for which may be made in advance; rentals, includingCivil service examinations. garages, in the District of Columbia or elsewhere; alterations and repairs; if found by the Board to be necessary to expedite the certification to the Board by the Civil Service Commission of persons eligible to be employed by the Board, and to the extent that the Board finds such expedition necessary, meeting the expenses of the Civil Service Commission in holding examinations for testing the fitness of applicants for admission to the classified service for employment by the Board pursuant to the second paragraph of section 12
(1)of this Act, but not to exceed the additional expenses found by the Board to have been incurred by reason of the holding of such examinations; and miscellaneous items, including those for public instruction and information deemed necessary by the Board: *Provided*,*Proviso*.Minor purchases.[R. S. § 3709](/us/rs/3709).[41 U. S. C. § 5](/us/usc/t41/s5). That section 3709 of Revised Statutes (U. S. C., title 41, sec. 5) shall not be construed to apply to any purchase or procurement of supplies or services by the Board from moneys in the fund when the Determination of accounts.aggregate, amount involved does not exceed $300. Determinations of the Board whether the fund or an appropriation for the administration[50 Stat. 307](/us/stat/50/307); [49 Stat 967](/us/stat/49/967).[45 U. S. C., Supp. III, ch. 9](/us/usc/t45/ch9). of the Railroad Retirement Act of 1937 and the Railroad Retirement Act of 1935 is properly chargeable with the authorized expenses, or parts thereof, incurred in the administration of such Acts, or of this Act, shall be binding and conclusive for all purposes and upon al! persons, including the Comptroller General and any other administrative or accounting officer, employee, or agent of the United States, and shall not be subject to review in any manner.
(d)Transfer to account of excess credited to fund. No part of the fund shall lapse at any time, or be carried to the surplus fund or any other fund, except that at the expiration of the fiscal year 1946, and of each fiscal year thereafter, there shall be transferred from the fund and credited to the account such part as the Board deems proper of the excess, if any, of the amount credited to the fund during the preceding seven fiscal years pursuant to section 8
(f)of this Act over the total amount expended by the Board during the same period for the purpose of administering this Act. 52 Stat. 1107 duties and powers of the board Duties and powers of Board. Sec. 12.
(a)For the purpose of any investigation or other proceedingIssuance of subpenas. relative to the determination of any right to benefits, or relative to any other matter within its jurisdiction under this Act, the Board shall have the power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence, documentary or otherwise, that relates to any matter under investigation or in question, before the Board or any member, employee, or representative thereof. Any member of the Board or any of its employees orOaths, etc. representatives designated by it may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance ofAttendance of witnesses. witnesses and production of evidence may be required from any place in the United States or any Territory or possession thereof at any designated place of hearing. All subpenas may be served and ret timed by anyone authorized by the Board in the same manner as is now provided by law for the service and return by United States marshals of subpenas in suits in equity. Such service may also be made by registered mail and in such case the return post-office receipt shall be proof of service. Witnesses summoned in accordance with this subsectionWitness fees and mileage. shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States.
(b)In case of contumacy by, or refusal to obey a subpena lawfullyAction in case of contumacy, etc. issued to, any person, the Board may invoke the aid of the district court of the United States or the United States courts of any Territory or possession, where such person is found or resides or is otherwise subject to service of process, or the District Court of the United States for the District of Columbia if the investigation or proceeding is being carried on in the District of Columbia, in requiring the attendance and testimony of witnesses and the production of evidence. Any such court shall issue an order requiring such person to appear before the Board or its specified employee or representative at the place specified in the subpena of the Board, whether within or without the judicial district of the court, there to produce evidence, if so ordered, or there to give testimony concerning the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof. All orders,Service of court orders. writs, and processes in any such proceeding may be served in the judicial district of the district court issuing such order, writ, or process, except that the orders, writs, and processes of the District Court of the United States for the District of Columbia in such proceedings may run and be served anywhere in the United States.
(c)No person shall be excused from attending or testifying inSelf-incrimination no excuse from testifying, etc. obedience to a subpena issued under this Act or from complying with any subpena duces tecum issued under this Act, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penaltyImmunity from prosecution, etc. or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, but such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(d)Information obtained by the Board in connection with theInviolability of information obtained. administration of this Act shall not be revealed or open to inspection nor be published in any manner revealing an employee’s identity:52 Stat. 1108 *Provided*, *however*,*Proviso.*Exchange of information with governmental agencies. That
(i)the Board may arrange for the exchange of any information with governmental agencies engaged in functions related to the administration of this Act;
(ii)the Board may disclose such information in cases in which the Board finds that such disclosure is clearly in furtherance of the interest of the employee or his estate; and
(iii)any claimant of benefits under this Act shall, upon his request, be supplied with information from the Board’s records pertaining to his claim.
(e)Certification of claims for benefits and refunds. The Board shall provide for the certification of claims for benefits and refunds and may arrange total or partial settlements at such times and in such manner as may appear to the Board to be expedient. The Board shall designate and authorize one or more of its employees to sign vouchers for the payment of benefits and refunds under this Act. Each such employee shall give bond, in form and amount fixed by the Board, conditioned upon the faithful performance of his duties. The premiums due on such bonds shall be paid from the fund and deemed to be a part of the expenses of administering this Act.
(f)Cooperation with State, etc., agencies with respect to investigations, etc. The Board may cooperate with or enter into agreement with the appropriate agencies charged with the administration of State, Territorial, Federal, or foreign unemployment-compensation laws or employment offices, with respect to investigations, the exchange of information and services, the establishment, maintenance, and use of free employment service facilities, and such other matters as the Board deems expedient in connection with the administration of this Compensation.Act, and may compensate any such agency for services or facilities supplied to the Board in connection with the administration of this Agreements concerning administration, etc.Act. The Board may enter also into agreements with any such agency, pursuant to which any unemployment benefits provided for by this Act or any other unemployment-compensation law, may be paid through a single agency to persons who have, during the period on the basis of which eligibility for and duration of benefits is determined under the law administered by such agency or under this Act, or both, performed services covered by one or more of such laws, or performed services which constitute employment as defined in this *Proviso*.Finding by Board.Act: *Provided*, That the Board finds that any such agreement is fair and reasonable as to all affected interests.
(g)Determination of Qualification and amount of benefit due employee. In determining whether an employee has qualified for benefits in accordance with section 3
(a)of this Act, and in determining the amount of benefits to be paid to such employee in accordance with *Ante*, pp. 1096, 1097.sections 2
(a)and 2
(c)of this Act, the Board is authorized to consider as employment (and compensation therefor) services for hire other than employment (and remuneration therefor) if such services for hire are subject to an unemployment-compensation law of any State, provided that such State has agreed to reimburse the United States such portion of the benefits to be paid upon such basis to such employee as the Board deems equitable. Any amounts collected pursuant to this paragraph shall be credited to the account. Eligibility under State law.If a State, in determining whether an employee is eligible for unemployment benefits under an unemployment compensation law of such State, and in determining the amount of unemployment benefits to be paid to such employee pursuant to such unemployment compensation law, considers as services for hire (and remuneration therefor) included within the provisions of such unemployment-compensation law, employment (and compensation therefor) after June 30, 1939, the Board is authorized to reimburse such State such portion of such unemployment benefits as the Board deems equitable ; such reimbursements shall be paid from the account, and are included within the meaning of the word “benefits” as used in this Act. 52 Stat. 1109
(h)The Board may enter into agreements or arrangements withAgreements with employers, etc., in connection with administration.[44 Stat. 577](/us/stat/44/577).[45 U. S. C. ch. 8; Supp. III, ch. 8](/us/usc/t45/ch8). employers, organizations of employers, and railway-labor organizations which are duly organized in accordance with the provisions of the Railway labor Act, for securing the performance of services or the use of facilities in connection with the administration of this Act, and may compensate any such employer or organization therefor uponCompensation; restriction. such reasonable basis as the Board shall prescribe, but not to exceed the additional expense incurred by such employer or organization by reason of the performance of such services or making available the use of such facilities pursuant to such agreements or arrangements. Such employers and organizations, and persons employed by eitherReceiving salary from source other than United States, provision waived.[39 Stat. 1106](/us/stat/39/1106).[5 U. S. C. § 66](/us/usc/t5/s66).Free employment offices. of them, shall not be subject to the Act of Congress approved March 3, 1917 (39 Stat. 1106, ch, 163, sec. 1).
(i)The Board may establish, maintain, and operate free employment offices, and may designate as free employment offices facilities maintained by
(i)a railway labor organization which is duly authorized and designated to represent employees in accordance with the Railway Labor Act, or
(ii)any other labor organization which has been or may be organized in accordance with the provisions of the Railway Labor Act, or
(iii)one or more employers, or
(iv)an organization of employers, or
(v)a group of such employers and labor organizations, or
(vi)a State, Territorial, foreign, or the Federal Government. The Board may also enter into agreements or arrangements with one or more employers or railway labor organizations organized in accordance with the provisions of the Railway Labor Act, pursuant to which notice of the availability of work and the rights of employees with respect to such work under agreements between such employers and railway labor organizations may be filed with employment offices and pursuant to which employees registered with employment offices may be referred to such work. The Board shall prescribe a procedure for registration of unemployedProcedure for registration of unemployed employees at employment offices. employees at employment offices. Such procedure for registration shall be prescribed with a view to such registration affording substantial evidence of the days of unemployment of the employees who register. The Board may, when such registration is made personally by an employee, accept such registration as initial proof of unemployment sufficient to certify for payment a claim for benefits. The regulations of the Board concerning registration at employmentGroup registration and reporting. offices by unemployed persons may provide for group registration and reporting, through employers, and need not be uniform with respect to different classes of employees. The operation of any employment facility operated by the BoardPrimary purpose of employment facility. shall be directed primarily toward the reemployment of employees who have theretofore been substantially employed by employers.
(j)The Board may appoint national or local advisory councilsAdvisory councils; composition. composed of equal numbers of representatives of employers, representatives of employees, and persons representing the general public, for the purpose of discussing problems in connection with the administration of this Act and aiding the Board in formulating policies. The members of such councils shall serve without remuneration,Compensation restriction ; expenses. but shall be reimbursed for any necessary traveling and subsistence expenses or on a per diem basis in lieu of subsistence expenses.
(k)The Board, with the advice and aid of any advisory councilVocational training, etc. appointed by it, shall take appropriate steps to reduce and prevent, unemployment and loss of earnings; to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance; to promote the reemployment of unem52 Stat. 1110ployed employees; and to these ends to carry on and publish the results of investigations and research studies.
(l)Powers and duties of Board. In addition to the powers and duties expressly provided, the Board shall have and exercise all the powers and duties necessary to administer or incidental to administering this Act, and in connection therewith shall have such of the powers, duties, and remedies provided[50 Stat 315](/us/stat/50/315).[45 U. S. C., Supp. III, § 228j
(b)4](/us/usc/t45/s228j/b/4).Employees. in section 10
(4)of the Railroad Retirement Act of 1937, with respect to the administration of said Act, as are not inconsistent with the express provisions of this Act. A person in the employ of [50 Stat. 319](/us/stat/50/319).[45 U. S. C., Supp. III, §§ 215–228](/us/usc/t45/s215–228).Civil service status.the Board under section 205 of the Act of Congress approved June 24, 1937 (50 Stat. 307), shall acquire a competitive classified civil-service status if, after recommendation by the Board to the Civil Service Commission, he shall pass such noncompetitive tests of fitness as the Civil Service Commission may prescribe. Employment of personnel.The Board may employ such persons and provide for their remuneration and expenses, as may be necessary for the proper administration[5 U. S. C. §§ 631–652; 661–674; Supp. III, §§ 673, 673c](/us/usc/t5/s631–652/661–674/673/673c).Director of Unemployment Insurance, salary. of this Act. Such persons shall be employed and their remuneration prescribed in accordance with the civil-service laws and the Classification Act of 1923, except that the Board may fix the salary of a Director of Unemployment Insurance at $10,000 per annum: *Provided*,*Provisos*.Preference among applicants. That in the employment of such persons the Board shall give preference, as between applicants attaining the same grades, to persons who have had experience in railroad service, and notwithstanding any other provisions of law, rules, or regulations, no other Certification for appointment, basis of.preference shall be given or recognized: *And provided further*, That certification by the Civil Service Commission of persons for appointment to any positions at minimum salaries of $4,600 per annum, or less, shall, if the Board so requests, be upon the basis of competitive examinations, written, oral, or both, as the Board may request.
(m)Delegation of powers. The Board is authorized to delegate to any member, officer, or employee of the Board any of the powers conferred upon the Board by thia Act, excluding only the power to prescribe rules and regulations. exclusiveness of provisions; transfers from State unemployment compensation account to railroad unemployment insurance account Exclusiveness of provisions; transfers from State unemployment compensation accounts, etc. Sec. 13. Employment; term extended.[49 Stat. 643](/us/stat/49/643).[42 U. S. C., Supp. III, § 1107](/us/usc/t42/s1107).
(a)Effective July 1, 1939, section 907
(c)of the Social Security Act is hereby amended by substituting a semicolon for the period at the end thereof, and by adding: “(8) service performed in the employ of an employer as defined in the Railroad Unemployment Insurance Act and service performed as an employee representative as defined in said Act.”
(b)Exclusiveness of provisions. By enactment of this Act the Congress makes exclusive provision for the payment of unemployment benefits for unemployment occurring after June 30, 1939, based upon employment, (as defined *Ante*, p, 1095.in this Act). No employee shall have or assert any right to unemployment benefits under an unemployment compensation law of any State with respect to unemployment occurring after June 30, 1939, Legislative finding.based upon employment (as defined in this Act). The Congress finds and declares that by virtue of the enactment of this Act, the application of State unemployment compensation laws after June *Ante*, p. 1108.30, 1939, to such employment, except pursuant to section 12
(g)of this Act, would constitute an undue burden upon, and an undue interference with the effective regulation of, interstate commerce. Tn furtherance of such determination, after June 30, 1939, the term [49 Stat. 642](/us/stat/49/642).[42 U. S. C., Supp. III, § 1106](/us/usc/t42/s1106).“person” as used in section 906 of the Social Security Act shall not be construed to include any employer (as defined in this Act) or any52 Stat. 1111 person in its employ: *Provided*, That no provision of this Act shall*Proviso*.Payments under State laws for any period prior to July 1, 1939. be construed to affect the payment of unemployment benefits with respect to any period prior to July 1, 1939, under an unemployment compensation law of any State based upon employment performed prior to July 1, 1939, and prior to such date employment as defined in this Act shall not constitute “Service with respect to which unemployment compensation is payable under an [or “service under any”] unemployment compensation system [or “plan”] established by an Act of Congress” [or “a law of the United States”] or “employment in interstate commerce, of an individual who is covered by an unemployment compensation system established directly by an Act of Congress,” or any term of similar import, used in any unemployment compensation law of any State.
(c)The Social Security Board is hereby directed to determine forDetermination of “preliminary amount” for each State. each State, after agreement with the Railroad Retirement Board, and after consultation with such State; the total (hereinafter referred to as the “preliminary amount”) of
(i)the amount remaining as the balances of reserve accounts of employers as of June 30, 1939, if the unemployment compensation law of such State provides for a type of fund known as “Reserve Accounts”, plus
(ii)it the unemployment compensation law of such State provides for a type of fund known as “Pooled Fund” or “Pooled Account”, that proportion of the balance of such fund or account of such State as of June 30, 1939, as the amount of taxes or contributions collected from employers and their employees prior to July 1, 1939, pursuant to its unemployment compensation law and credited to such fund or account bears to all such taxes or contributions theretofore collected from all persons subject to its unemployment compensation law and credited to such fund or account; and the additional amounts (hereinafter referred to as theDetermination of “liquidating amount.”“liquidating amount”) of taxes or contributions collected from employers and their employees from July 1, 1939 to December 31, 1939, pursuant to its unemployment compensation law.
(d)The Social Security Board shall withhold from certificationWithholdings from certification until “preliminary amount” equaled, etc.[49 Stat. 626](/us/stat/49/626).[42 U. S. C., Supp. III, § 502](/us/usc/t42/s502). to the Secretary of the Treasury for payment the amounts determined by it pursuant to section 302
(a)of the Social Security Act to be necessary for the proper administration of each State’s unemployment-compensation law, until an amount equal to its “preliminary amount” plus interest from July 1, 1939, at 2½ per centum per annum on such portion thereof as has not been used as the measure for withholding certification for payment, has been so withheld from certification pursuant to this paragraph: *Provided*, *however*,*Proviso*.If State authorizes transfer, certification not to be withheld. That if a State shall, prior to whichever is the later of
(i)thirty days after the close of the first regular session of its legislature which begins after the approval of this Act, and
(ii)July 1, 1939, authorize and direct the Secretary of the Treasury to transfer from its account in the unemployment trust fund to the railroad unemployment-compensation account in the unemployment trust fund an amount equal to its “preliminary amount”, no amount shall be withheld from certification for payment to such State pursuant to this paragraph. The Social Security Board shall withhold from certification toWithholdings from certification until “liquidating amount ” equaled, etc. the Secretary of the Treasury for payment the amounts determined by it pursuant to section 302
(a)of the Social Security Act to be necessary for the proper administration of each State’s unemployment compensation law, until an amount equal to its “liquidating amount” plus interest from January 1, 1940, at 2½ per centum per annum on such portion thereof as has not been used as the measure for withholding certification for payment has been so withheld from certifi52 Stat. 1112 *Proviso*.If State authorizes transfer, certification not to be withheld.cation pursuant to tins paragraph: *Provided, however,* That if a State shall, prior to whichever is the later of
(i)thirty days after the close of the first regular session of its legislature which begins after the approval of this Act, and
(ii)January 1, 1940, authorize and direct the Secretary of the Treasury to transfer from its account in the unemployment trust fund to the railroad unemployment compensation account in the unemployment trust fund an amount equal to its “liquidating amount”, no amount shall be withheld from certification for payment to such State pursuant to this paragraph. Withholdings from certification to begin on inability of State to meet condition.The withholdings from certification directed in each of the foregoing paragraphs of this subsection shall begin with respect to each State when the Social Security Board finds that such State is unable to avail itself of the condition set forth in the proviso contained in such paragraph.
(e)Provisions not deemed breaches of designated conditions. The transfers described in the provisos contained in the several paragraphs of subsection
(d)of this section shall not be deemed to constitute a breach of the conditions set forth in sections 303
(5)[49 Stat. 626, 640](/us/stat/49/626/640).[42 U. S. C., Supp. III, 503, 1103](/us/usc/t42/s503/1103).and 903
(4)of the Social Security Act; nor shall the withdrawal by a State from, its account in the unemployment trust fund of amounts, but not to exceed the total amount the Social Security Board shall have withheld from certification with respect to such State pursuant to subsection
(d)of this section, be deemed to constitute a breach of the conditions set forth in sections 303
(5)and 903
(4)of the Social Security Act, provided the moneys so withdrawn are expended solely for expenses which the Social Security Board determines to be necessary for the proper administration of such State’s unemployment compensation law.
(f)Payments to railroad unemployment insurance account. The Social Security Board is authorized and directed to certify to the Secretary of the Treasury for payment, and the Secretary shall pay, into the railroad unemployment insurance account, such amounts as the Social Security Board withholds from certification pursuant to subsection
(d)of this section and the [49 Stat. 626](/us/stat/49/626).[42 U. S. C., Supp. III, § 501](/us/usc/t42/s501).appropriations authorized in section 301 of the Social Security Act shall be available for payments authorized by this subsection. The Secretary shall transfer from the account of a State in the unemployment trust fund to the railroad unemployment insurance account in the unemployment trust fund such amounts as the State authorizes and directs him so to transfer pursuant to subsection
(d)of this section.
(g)[49 Stat. 627](/us/stat/49/627). Section 303 of the Social Security Act is hereby amended by adding thereto the following additional subsection:" “(c) Withholding of grants to noncooperaiting States. The Board shall make no certification for payment to any State, if it finds, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law— “(1) That such State does not make its records available to the Railroad Retirement Board, and furnish to the Railroad Retirement Board at the expense of the Railroad Retirement Board such copies thereof as the Railroad Retirement Board deems necessary for its purposes; or “(2) That such State is failing to afford reasonable cooperation with every agency of the United States charged with the administration of any employment insurance law.” " district of columbia unemployment compensation act District of Columbia Unemployment Compensation Act.“Employment,” definition extended.[49 Stat. 946](/us/stat/49/946). Sec. 14.
(a)Effective July 1, 1939, section 1
(b)of the District of Columbia Unemployment Insurance11So in original Act is amended by substituting a semicolon for the period at the end thereof and by adding: “(8) service performed in the employ of an employer as defined in the52 Stat. 1113 Railroad Unemployment Insurance Act and service performed as an employee representative as defined in said Act.” This amendment shall not be construed to affect the payment of unemployment benefits at any time with respect to any period prior to July 1, 1939, based upon employment performed prior to July 1, 1939.
(b)The Secretary of the Treasury is authorized and directed toTransfer of designated amounts in accounts of unemployment trust fund. transfer from the account of the District of Columbia in the unemployment trust fund to the railroad unemployment insurance account in the unemployment trust fund, an amount equal to the “preliminary amount” and an amount equal to the “liquidating amount’’, whenever such amounts, respectively, have been determined, with respect to the District of Columbia, pursuant to section 13 of this Act.*Ante*, p. 1110. transitional provisions Transitional provisions. Sec. 15.
(a)Notwithstanding the provisions of section 1
(n)of this“Benefit year,” period qualification.*Ante*, p. 1096. Act, until July 1, 1940, the term “benefit year” as defined in section 1
(n)of this Act means, with respect to any individual, the twelve-month period which begins with either the first day with respect to which benefits are first payable to him under this Act or the first day after July 1, 1938, but before July 1, 1939, with respect to which unemployment benefits are received by him under an unemployment compensation law of any State, whichever is the earlier.
(b)For the purposes of section 2
(c)of this Act, all unemploymentCertain benefits paid under State law considered as though paid under this Act.*Ante*, p. 1097. benefits paid to an employee pursuant to an unemployment compensation law of any State, with respect to any period prior to July 1, 1939, shall be considered as though they were benefits paid under this Act.
(c)Section 3
(b)of this Act shall not be applicable to an otherwiseQualified employee to whom there is current a benefit year beginning prior to July 1, 1939.*Ante*, p. 1097. qualified employee, with respect to whom there is, pursuant to subsection
(a)of this section, current a benefit year beginning before July 1, 1939.
(d)Any employee for whom there is, pursuant to subsection (a)Employee ineligible, solely by this Act., for State benefits deemed to have sufficient earnings to qualify. of this section, current a benefit year beginning before July 1, 1939, and who, solely by reason of the enactment of this Act, becomes ineligible to continue to receive benefits under the unemployment compensation law of any State with respect to unemployment occurring after July 1, 1939, shall, for the purposes of section 3
(a)of*Ante*, p. 1997. this Act, be deemed to have earned compensation with respect to employment in his base year of not less than $150: *Provided*, That,*Proviso*.Maximum benefits.*Ante*, p. 1097. notwithstanding the provisions of section 2
(c)of this Act, the maximum benefits payable to such employee for unemployment within such benefit year shall not exceed the maximum amount to which he would otherwise have been entitled under the unemployment compensation law of such State. separability Sec. 16. If any provision of this Act or the application thereofSeparability provision. to any person or circumstance is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. short title Sec. 17. This Act may be cited as the “Railroad UnemploymentShort title. Insurance Act”. Approved, June 25, 1938. Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1938, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1938, and June 30, 1939, and for other purposes. 1938-06-25 681 Chapter 52 Stat. 1114 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 public 52 Stat. 1114 [CHAPTER 681] AN ACT Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1938, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1938, and June 30, 1939, and for other purposes. June 25, 1938[[H. R. 10851](/us/bill/75/hr/10851)][
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  • 19 USC 1001
  • 49 Stat. 529
  • 46 Stat. 687
  • 52 Stat. 1078
  • 48 Stat. 943
  • 19 USC 1351–1354
  • 52 Stat. 1079
  • 46 Stat. 690
  • 46 Stat. 696
  • 46 Stat. 695
  • 46 Stat. 640
  • 46 Stat. 709
  • 52 Stat. 1082
  • 46 Stat. 715
  • 46 Stat. 717
  • 52 Stat. 1083
  • 46 Stat. 719
  • 46 Stat. 723
  • 46 Stat. 724
  • 46 Stat. 726
  • 46 Stat. 744
  • 46 Stat. 727
  • 52 Stat. 1084
  • 46 Stat. 728
  • 46 Stat. 730
  • 46 Stat. 735
  • 52 Stat. 1085
  • 46 Stat. 739
  • 48 Stat. 1225
  • 31 USC 725a
  • 52 Stat. 1087
  • 46 USC 331
  • 34 Stat. 1315
  • 46 Stat. 742
  • 46 Stat. 745
  • 46 Stat. 752
  • 19 USC 1598
  • 46 Stat. 754
  • 46 Stat. 755
  • 46 Stat. 756
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U.S.C.§ 1315
U.S.C.§ 1402
U.S.C.§ 1451
Cite19 USC 1001
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