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thereof, or is paralyzed and unable to walk, or by reason of other total disability actually rendering him so helpless as to require constant attendance. (Sept. 7, 1916, sec. 6, 39 Stat. 743; Feb. 12, 1927, sec. 1, 44 Stat. 1086; May 13, 1936, 49 Stat. 1270; 5 U. S. C., sec. 756.)
287a. Compensation for disability or death of Government employees; definitions. That wherever used in this Act,
The singular includes the plural and the masculine includes the feminine.
The term "employee” includes all civil employees of the United States and of the Panama Railroad Company and all persons, other than independent contractors and their employees, employed on the Menominee Indian Reservation in the State of Wisconsin, subsequent to September 7, 1916, in operations conducted pursuant to the Act entitled "An Act to authorize the cutting of timber, the manufacture and sale of lumber, and the preservation of the forests on the Menominee Indian Reservation in the State of Wisconsin”, approved March 28, 1908, as amended, or any other Act relating to tribal timber and logging operations on the Menominee Reservation.
The term "commission” shall be taken to refer to the United States Employees' Compensation Commission provided for in section 28.
The term “physician” includes surgeons and osteopathic practitioners within the scope of their practice as defined by State law.
The term "medical, surgical, and hospital services and supplies" includes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law.
The term “monthly pay” shall be taken to refer to the monthly pay at the time of the injury.
The term “injury” includes, in addition to injury by accident, any disease proximately caused by the employment.
The term "compensation” includes the money allowance payable to an employee or his dependents and any other benefits paid for out of the compensation fund: Provided, however, That this shall not in any way reduce the amount of the monthly compensation payable in case of disability or death.
Any award heretofore made by the United States Employees' Compensation Commission under such Act of September 7, 1916, to persons coming within the purview of the first section hereof, for disability or death resulting from a personal injury sustained prior to the enactment of this Act, shall be valid, if such award would be valid if made in respect to an injury or death sustained after the enactment of this Act. Claim on account of disability or death of any person coming within the purview of the first section hereof, for benefits on account of injury incurred subsequent to July 28, 1935, may be filed under said Act: Provided, That such claim be filed within one year after the approval hereof. (Sept. 7, 1916, sec. 40, 39 Stat. 750; June 5, 1924, sec. 2, 43 Stat. 389; May 31, 1938, 52 Stat. 586; Apr. 11, 1940, secs. 1, 2, 54 Stat. 105; 5 U. S. C., sec. 790.)
288-1. Benefits of the United States Employees' Compensation Act ex. tended to members of the Officers' Reserve Corps and of the Enlisted Reserve Corps of the Army.-That where in time of peace any member of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army was physically injured in line of duty (1) while on active duty, or (2)
while engaged in authorized travel to and from such duty, or (3) while engaged in authorized training without pay, or dies or has died as the result of such physical injury, where such injury or death occurred between the dates of February 28, 1925, and July 15, 1939, both inclusive, when such injury or death results from an accident involving a military hazard such as flying in military aircraft, participation in military drills, target practice and tactical exercises, and in injury cases where such injury has resulted in permanent partial or permanent total disability, he or his beneficiary shall be entitled to all the benefits prescribed by law for civil employees of the United States who are physically injured in line of duty or who die as a result thereof, and the United States Employees' Compensation Commission shall have jurisdiction in such cases and shall perform the same duties with reference thereto as to the cases of civil employees of the United States so injured : Provided, That the benefits shall accrue to any such member, or his beneficiary, whether the disability or death is the result of sickness or disease contracted in line of duty while on active duty when such sickness or disease is proximately caused by service on active duty: Provided further, That employees' compensation under this Act shall not be paid concurrently with active-duty pay or pension based upon military service, and in the event a person becomes eligible for the benefits of the United States Employees' Compensation Act and is also eligible for, or is in receipt of, a pension based upon military service, he shall elect which benefit to receive: Provided further, That authorized training without pay is defined as inactive-status training under written authorization by competent military authority covering a specific training assignment and prescribing a time limit: Provided further, That for the purpose of determining benefits to which entitled under the provisions of this Act members of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army physically injured when engaged in authorized training without pay will be held and considered as receiving the pay and allowances they would have received if in a pay status: And provided further, That nothing herein shall be construed to authorize compensation benefits which may have accrued for any period prior to the approval of this Act, but eligiblity for compensation benefits shall be determined as of the date of approval of this Act and any benefits payable shall date only from such approval and the eight-year period of limitation in section 10-G of the Federal Employees' Compensation Act of September 7, 1916, shall be computed for purposes of this Act, from the date of approval thereof.
Where injury or death has been sustained by any member of the Officers' Reserve Corps or Enlisted Reserve Corps while performing authorized training without pay upon inactive status it shall be presumed that such training was being performed under written authorization of competent military authority covering a specific training assignment and prescribing a time limit and thus subject to the provision of this Act unless a duly appointed Examining Board, appointed at the time of said accident, has found and reported to the contrary.
All claims for disability or death benefits allowed under the provisions of this Act shall be made within one year from its approval by the President. (July 18, 1940, 54 Stat. 762.)
OFFICIAL AND PENAL BONDS
306a. Terms "bonds and notes of the United States' construed. In order to avoid the frequent substitution of securities such rules and regulations may limit the effect of this section, in appropriate classes of cases, to bonds and notes of the United States maturing more than a year after the date of deposit of such bonds as security. The phrase “bonds or notes of the United States" shall be deemed, for the purposes of this section, to mean any public-debt obligations of the United States and any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States. (Feb. 26, 1926, sec. 1126, 44 Stat. 122; Feb. 4, 1935, sec. 7, 49 Stat. 22; 6 U. S. C., sec. 15.)
307. Short title of act.—That this Act may be cited as the "Commodity Exchange Act.” (Sept. 21, 1922, sec. 1, 42 Stat. 998; June 15, 1936, sec. 1, 49 Stat. 1491; 7 U.S.C., sec. 1.)
307a. Words "grain” and “cash grain” in Grain Futures Act stricken and words substituted therefor.—The Grain Futures Act (U. S. C., 1934 ed. title 7, secs. 1 to 17, inclusive) is amended by striking out the word "grain” wherever it appears in such Act and inserting in lieu thereof "commodity", "any commodity", or "commodities”, as the case may require, and by striking out the phrase "cash grain” wherever such phrase appears and inserting in lieu thereof "any cash commodity". (Sept. 21, 1922, secs. 1 to 17, inclusive, 42 Stat. 998; June 15, 1936, sec. 2, 49 Stat. 1491.)
308. Definitions—"Contract of sale”, “person", "commodity", "future delivery", "board of trade", "interstate commerce", "member of a contract market”, “futures commission merchant", "floor broker":-(a) For the purposes of this Act "contract of sale" shall be held to include sales, agreements of sale, and agreements to sell. The word "person” shall be construed to import the plural or singular, and shall include indivviduals, associations, partnerships, corporations, and trusts. The word "commodity” shall mean wheat, cotton, rice, corn, oats, barley, rye, flaxseed, grain sorghums, mill feeds, butter, eggs, Solanum tuberosum (Irish potatoes), wool tops, fats and oils ( including lard, tallow, cottonseed oil, peanut oil, soybean oil and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans and soybean meal. The term “future delivery" as used herein, shall not include any sale of commodity for deferred shipment or delivery. The words "board of trade” shall be held to include and mean any exchange or association, whether incorporated or unincorporated, of persons who shall be engaged in the business of buying or selling any commodity or receiving the same for sale on consignment. The act, omission, or failure of any
, official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person. The words "interstate commerce" shall be
construed to mean commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof, or within any Territory or possession, or the District of Columbia. The words "cooperative association of producers” shall mean any cooperative association, corporate or otherwise, not less than 75 per centum in good faith owned or controlled, directly or indirectly, by producers of agricultural products and otherwise complying with an Act of Congress of February 18, 1922 (U. S. C., 1934 ed., title 7, secs. 291 and 292), as now or hereafter amended, including any organization acting for a group of such associations and owned or controlled by such associations, provided that business done for or with the United States of America, or any agency thereof, shall not be considered either member or nonmember business in determining the compliance of any such association with said Act of Congress of February 18, 1922. The words “member of a contract market” shall mean and include individuals, associations, partnerships, corporations, and trusts owning or holding membership in, or admitted to membership representation on, a contract market or given members' trading privileges thereon. The words "futures commission merchant" shall mean and include individuals, associations, partnerships, corporations, and trusts engaged in soliciting or in accepting orders for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market and that, in or in connection with such solicitation or acceptance of orders, accepts any money, securities, or property (or extends credit in lieu thereof) to margin, guarantee, or secure any trades or contracts that result or may result therefrom. The words "floor broker” shall mean any person who, in or surrounding any "pit”, “ring”, “post”, or other place provided by a contract market for the meeting of persons similarly engaged, shall engage in executing for others any order for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market, and who for such services receives or accepts any commission or other compensation. The words "the commission" shall mean the Commodity Exchange Commission, consisting of the Secretary of Agriculture, the Secretary of Commerce, and the Attorney General.
When transaction deemed in intrastate commerce; "State" defined.(b) For the purposes of this Act (but not in any wise limiting the foregoing definition of interstate commerce) a transaction in respect to any article shall be considered to be in interstate commerce if such article is part of that current of commerce usual in the commodity trade whereby commodities and commodity products and byproducts thereof are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State, or for manufacture within the State and the shipment outside the State of the products resulting from such manufacture. Articles normally in such current of com
, merce shall not be considered out of such commerce through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this Act. For the purpose of this paragraph the word "State" includes Territory, the District of
Columbia, possession of the United States, and foreign nation. (Sept. 21, 1922, sec. 2, 42 Stat, 998; June 15, 1936, secs. 2, 3, 49 Stat. 1491; April 7, 1938, 52 Stat. 205; October 9, 1940, 54 Stat. 1059; 7 U. S. C., secs. 2, 3.)
309. Resolutions declaring dangers to national public interest of dealings in commodity futures.—Transactions in commodities involving the sale thereof for future delivery as commonly conducted on boards of trade and known as “futures" are affected with a national public interest; that such transactions are carried on in large volume by the public generally and by persons engaged in the business of buying and selling commodities and the products and byproducts thereof in interstate commerce; that the prices involved in such transactions are generally quoted and disseminated throughout the United States and in foreign countries as a basis for determining the prices to the producer and the consumer of commodities and the products and byproducts thereof and to facilitate the movements thereof in interstate commerce; that such transactions are utilized by shippers, dealers, millers, and others engaged in handling commodities and the products and byproducts thereof in interstate commerce as a means of hedging themselves against possible loss through fluctuations in price; that the transactions and prices of commodities on such boards of trade are susceptible to speculation, manipulation, and control, and sudden or unreasonable fluctuations in the prices thereof frequently occur as a result of such speculation, manipulation, or control, which are detrimental to the producer or the consumer and the persons handling commodities and products and byproducts thereof in interstate commerce, and that such fluctuations in prices are an obstruction to and a burden upon interstate commerce in commodities and the products and byproducts thereof and render regulation imperative for the protection of such commerce and the national public interest therein. (Sept. 21, 1922, sec. 3, 42 Stat. 999; June 15, 1936, sec. 2, 49 Stat. 1491; 7 U.'S. C., secs. 2, 5.)
310. Prohibition against dealings in commodity futures; general exceptions.--It shall be unlawful for any person to deliver for transmission through the mails or in interstate commerce by telegraph, telephone, wireless, or other means of communication any offer to make or execute, or any confirmation of the execution of, or any quotation or report of the price of, any contract of sale of any commodity for future delivery on or subject to the rules of any board of trade in the United States, or for any person to make or execute such contract of sale, which is or may be used for (a) hedging any transaction in interstate commerce in any commodity or the products or byproducts thereof, or (b) determining the price basis of any such transaction in interstate commerce, or (c) delivering any commodity sold, shipped, or received in interstate commerce for the fulfillment thereof, except, in any of the foregoing cases, where such contract is made by or through a member of a board of trade which has been designated by the Secretary of Agriculture as a “contract market,” as hereinafter provided, and if such contract is evidenced by a record in writing which shows the date, the parties to such contract and their addresses, the property covered and its price, and the terms of delivery: Provided, That each board member shall keep such record for a period of three years from the date thereof, or for a longer period if the Secretary of Agriculture