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maximum utilization of the job placement and employment counseling services and other services and facilities of such offices; and
PROMOTION OF EMPLOYMENT OPPORTUNITIES
SEC. 8. The Secretary of Labor and the Secretary of Health, Education, and Welfare shall cooperate in developing, and in recommending to the appropriate State agencies, policies and procedures which will facilitate the placement in employment of handicapped individuals who have received rehabilitation services under State vocational rehabilitation programs, and, together with the chairman of the President's Committee on Employment of the Physically Handicapped, shall develop and recommend methods which will assure maximum utilization of services which that committee, and cooperating State and local organizations, are able to render in promoting job opportunities for such individuals.
THE ACT APPROVED MAY 26, 1948, AS AMENDED,
(62 STAT. 274)
AN ACT TO AMEND THE ACT ENTITLED “AN ACT TO ESTABLISH CIVIL AIR PATROL AS A CIVILIAN AUXILIARY OF THE UNITED STATES AIR FORCE AND TO AUTHORIZE THE SECRETARY OF THE AIR FORCE TO EXTEND AID TO CIVIL AIR PATROL IN THE FULFILLMENT OF ITS OBJECTIVES, AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, T'hat: The Act approved May 26, 1948 (62 Stat. 274), entitled “An Act to establish Civil Air Patrol as a civilian auxiliary of the United States Air Force and to authorize the Secretary of the Air Force to extend aid to Civil Air Patrol in the fulfillment of its objectives, and for other purposes”, is hereby amended by adding thereto the following new sections:
“Sec. 3. (a) Volunteer civilian members of Civil Air Patrol, except Civil Air Patrol Cadets, shall, for the purpose of administration of the Federal Employees' Compensation Act, be deemed to be civilian employees of the United States within the meaning of the term 'employee' as defined in section 40 of that Act, and the provisions of that Act shall apply to them in all respects, subject to the remaining provisions of this section.
“(b) In administering that Act for members covered by this section
“(1) the monthly pay of such member shall, for the purpose of computing compensation for disability or death, be considered to be $300;
“(2) the percentages applicable to payments under section 10 of that Act are
“(A) 45 per centum for clause (C) of that section, in any case where the member died fully or currently insured under title II of the Social Security Act, with no additional payments for a child or children so long as the widow or widower remains eligible for payments under that clause;
“(B) 20 per centum for clause (D) of that section, for one child and 10 per centum additional for each additional child, but not more than a total of 75 per centum, in any case where the member died fully or currently insured under title II of the Social Security Act; and
“(C) 25 per centum for clause (E) of that section, if one parent was wholly dependent for support upon the deceased member at the time of his death and the other was not dependent to any extent; 16 per centum to each, if both were wholly dependent; and if one was, or both were, partly dependent, a proportionate amount in the discretion of the
Secretary of Labor; “(3) no payments may be made under clause (F) of that sec
“(4) the term 'performance of duty', as used in that Act, means only active service, and travel to and from such service, rendered in performance or support of operational missions of the Civil Air Patrol, under direction of the Department of the Air Force, and under written authorization by competent authority covering a specific assignment and prescribing a time limit for such assignment; and
“(5) the Secretary of Labor, or his designee, shall inform the Secretary of Health, Education, and Welfare whenever a claim is filed and eligibility for compensation is established under clause (C) or clause (D) of section 10 of that Act, and that Secretary shall then certify to the Secretary of Labor as to whether or not the member concerned was fully or currently insured under
title II of the Social Security Act at the time of his death." "(c) When a claim is filed, the Secretary of Labor or his designee may inform the Secretary of the Air Force or his designee, who shall advise, if so requested, the Secretary of Labor concerning the facts with respect to the injury, including the question whether at the time of injury the member of the Patrol was rendering service, or engaged in travel to or from such service, in performance or support of an operational mission of the Patrol: Provided, That this shall not be construed to dispense with the reports of the member's immediate superior required under section 24, or other reports agreed upon under section 28a of that Act.
“(d) The provisions of this section shall be applicable as of May 20, 1941, in the cases of members of the Civil Air Patrol as it existed under and pursuant to Executive Order 8757 of May 20, 1941, as amended by Executive Order 9134 of April 15, 1942, and Executive Order 9339 of April 29, 1943: Provided, That the time limitations in that Act, in respect to notice of injury and claim for compensation, shall not begin to run until the date of enactment of this Act: Provided further, That no benefits under that Act shall accrue or be payable in any case for any period prior to the date of this Act, but this provision shall not bar the payment or reimbursement of medical and other expenses as authorized by sections 9 and 11 of that Act, if not otherwise paid or furnished by the United States : Provided further, That, with respect to services rendered prior to the enactment of this Act, the term “performance of duty', as used in that Act, shall mean only active service, and travel to and from such
service, rendered in performance or support of operational missions of the Civil Air Patrol, under direction of the Office of Civilian Defense, the Department of the Army (War), including the Army Air Forces, or the Department of the Air Force: And provided further, That the entitlement of any person to receive benefits from the United States under any other provision of law in effect prior to the date of enactment of this Act for an injury or death for which benefits are authorized by this Act is hereby terminated.”
** * Approved August 3, 1956
ACT OF APRIL 19, 1950
(P. L. 474, 81st Cong.)
(SEC. 9, RELATING TO NAVAJO AND HOPI INDIANS)
Sec. 9. Beginning with the quarter commencing July 1, 1950, the Secretary of the Treasury shall pay quarterly to each State (from sums made available for making payments to the States under sections 3 (a), 403 (a), and 1003 (a) of the Social Security Act) an amount, in addition to the amounts prescribed to be paid to such State under such sections, equal to 80 per centum of the total amounts of contributions by the State toward expenditures during the preceding quarter by the State, under the State plans approved under the Social Security Act for old-age assistance, aid to dependent children, and aid to the needy blind, to Navajo and Hopi Indians residing within the boundaries of the State on reservations or on allotted or trust lands, with respect to whom payments are made to the State by the United States under sections 3 (a), 403 (a) and 1003 (a), respectively, of the Social Security Act, not counting so much of such expenditure to any individual for any month as exceeds the limitations prescribed in such sections.
THE WAGNER-PEYSER ACT 47
Act of June 6, 1933 (48 Stat. 113), as Amended
Sec. 1. United States Employment Service; bureau established.-
strikes and lockouts to applicants--
Page 482 483 483 483 483 484 484
485 485 485
UNITED STATES EMPLOYMENT SERVICE; BUREAU ESTABLISHED
Sec. 1. In order to promote the establishment and maintenance of a national system of public employment offices there is hereby created in the Department of Labor a bureau to be known as the United States Employment Service.
47 This Act has been compiled by the United States Department of Labor.
OFFICERS AND EMPLOYEES
Sec. 2. The Secretary of Labor is authorized, without regard to the civil service laws, to appoint and, without regard to the Classification Act of 1949, to fix the compensation of one or more assistant directors and such other officers, employees, and assistants, and to make such expenditures (including expenditures for personnel services and rent at the seat of government and elsewhere and for lawbooks, books of reference, and periodicals) as may be necessary to carry out the provisions of this Act. In case of appointments for service in the veterans' employment service provided for in section 3 of this Act, the Secretary shall appoint only veterans of wars of the United States.
Sec. 3.48 (a) It shall be the province and duty of the bureau to promote and develop a national system of employment offices for men, women, and juniors who are legally qualified to engage in gainful occupations, including employment counseling and placement services for handicapped persons, to maintain a veterans' service to be devoted to securing employment for veterans, to maintain a farm placement service, to maintain a public employment service for the District of Columbia, and, in the manner hereinafter provided, to assist in establishing and maintaining systems of public employment offices in the several States and the political subdivisions thereof in which there shall be located a veterans' employment service. The bureau shall also assist in coordinating the public employment offices throughout the country and in increasing their usefulness by developing and prescribing minimum standards of efficiency, assisting them in meeting problems peculiar to their localities, promoting uniformity in their administrative and statistical procedure, furnishing and publishing information as to opportunities for employment and other information of value in the operation of the system, and maintaining a system for clearing labor between the several States.
(b) Whenever in this Act the word "State" or "States" is used, it shall be understood to include Puerto Rico, Guam, and the Virgin Islands. 49
ACCEPTANCE BY STATES ; CREATION OF STATE AGENCIES Sec. 4. In order to obtain the benefit of appropriations apportioned under section 5, a State shall, through its legislature, accept the provisions of this Act and designate or authorize the creation of a State agency vested with all powers necessary to cooperate with the United States Employment Service under this Act.
APPROPRIATIONS; APPORTIONMENT AMONG STATES Sec. 5. (a) There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amount from time to time as the Congress may deem necessary to carry out the purposes of this Act.
48 Public Law 565, 83d Cong., amended the first sentence of subsec. 3 (a) by increasing after “gainful occupation", the phrase : "including employment counseling and placement services for handicapped persons."
49 P. L. 86-624, sec. 21 (a), changed sec. 3 (b) to read as indicated effective July 12, 1960, by striking out the words "Hawaii, Alaska," which prior to this amendment appeared following the word "include” and before the words "Puerto Rico."
P. L. 896 (84th Congress), sec. 17, included Guam in sec. 3 (b). P. L. 775 (81st Congress), approved September 8, 1950, amended this section to include Puerto Rico and the Virgin Islands.
(6) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State which (i), except in the case of Guam and the Virgin Islands, 50 has an unemployment compensation law approved by the Secretary under the Federal Unemployment Tax Act and is found to be in compliance with section 303 of the Social Security Act, as amended, and (ii) is found to be in compliance with this Act, such amounts as the Secretary determines to be necessary for the proper and efficient administration of its public employment offices.si
Sec. 8.52 Any State desiring to receive the benefits of this Act shall, by the agency designated to cooperate with the United States Employment Service, submit to the Secretary of Labor detailed plans for carrying out the provisions of this Act within such State. Such plans shall include provision for the promotion and development of employment opportunities for handicapped persons and for job counseling and placement of such persons, and for the designation of at least one person in each State or Federal employment office, whose duties shall include the effectuation of such purposes.53 In those States where a State board, department, or agency exists which is charged with the administration of State laws for vocational rehabilitation of physically handicapped persons, such plans shall include provision for cooperation between such board, department, or agency and the agency designated to cooperate with the United States Employment Service under this Act. If such plans are in conformity with the provisions of this Act and reasonably appropriate and adequate to carry out its purposes, they shall be approved by the Secretary and due notice of such approval shall be given to the
REPORTS BY STATE AGENCIES
Sec. 9. Each State agency cooperating with the United States Employment Service under this Act shall make such reports concerning its operations and expenditures as shall be prescribed by the Secretary of Labor. It shall be the duty of the Secretary to ascertain whether the system of public employment offices maintained in each State is conducted in accordance with the rules and regulations and the standards of efficiency prescribed by the Secretary in accordance with the provisions of this Act. The Secretary may revoke any existing certificates or withhold any further certificate provided for in section 7, whenever he shall determine, as to any State, that the cooperating State agency has not properly expended the moneys
50 P. L. 86–778, sec. 543 (c), amended sec. 5 (b) by striking out "Puerto Rico, Guam," and inserting in lieu thereof “Guam,” effective January 1, 1961. Prior to this amendment P. L. 896 (84th Cong.), sec. 17, had included Guam in sec. 5 (b).
51 Sec. 5 amended by Public Law 775, 81st Cong., to eliminate the requirement that the States match Federal grants, and to add the requirement that as a condition to granting funds to a State, the Secretary of Labor must find that the State is in compliance with the provisions of the Act of June 6, 1933, as amended, has an unemployment compensation law approved by him under the Federal Unemployment Tax Act, and is in compliance with sec. 303 of the Social Security Act, as amended.
52 Secs. 6 and 7 were deleted by Public Law 775, 81st Cong. 53 The second sentence of sec. 8 was inserted by Public Law 565, 83d Cong., 2d sess.