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him, he will be entitled to an additional 10 percent of his wage and will receive an additional 5 percent for each dependent relative in his household. Such dependent relatives are limited in the definitions to "a child under 16 years of age, a mother or stepmother, a father or stepfather, a brother or sister, who, because of age or physical disability, is unable to work and is wholly or mainly supported by the employee." For example, an employee who has been earning $20 per week and has a wife, one child, and a mother dependent on him would receive a total of 60 percent of his former wages, or $12. It is further specified that in no case can an employee's benefits exceed $15 per week, or 65 percent of his wages, whichever is the lower.

Subsection (3). If an employee is working short time he will be entitled to receive benefits to supplement his earnings in case his earnings fall below the benefit to which he would be entitled if totally unemployed, plus $2. For example, if a married man whose full-time weekly wage is $20 was totally unemployed, he would be entitled to 50 percent of his wage, or $10 in benefits. If he is reduced to half time, he would be earning $10 a week, or the equivalent of benefits. for total unemployment, and would be entitled to $2 more in partial benefits. If he was reduced to one-fourth time, he would receive $5 in wages, plus benefits computed as follows: The difference between his wages and benefits for total unemployment, or $5, plus an additional $2, or $7 of benefits in all. If he is out of work but picks up $2 in casual work, he would still be entitled to full benefits, since he would be considered partially unemployed and entitled to $2 more than benefits for total unemployment.

Subsection (4). Benefits will be proportioned to previous employment. The longer an employee works, the more benefits he may receive if he becomes unemployed. This subsection provides that when an employee becomes unemployed he will receive weekly benefits in the ratio of 1 week of benefits for each 4 weeks that he has worked in the preceding 3 years up to a maximum of 26 weeks of benefits.

Subsection (5). In addition, if in the past 6 years he still has weeks of employment to his credit against which he has not drawn benefits, he will be entitled to receive 1 additional week of benefit for each 20 weeks of such employment. For example, if an employee has been steadily employed for 6 years (312 weeks), he would be entitled to 26 weeks of benefits, which, on the ratio of 1 to 4, would use up 102 weeks of his employment to his credit, leaving 208 weeks of employment against which he can draw additional benefits in the ratio of 1 week of benefit to 20 weeks of employment. This would give him (208÷20) slightly over 10 weeks of additional benefits.

SECTION 7. BENEFIT ELIGIBILITY CONDITIONS

This section specifies the conditions that an employee must meet in order to qualify for benefits.

Subsection (1) specifies that such employee must have worked at least 13 weeks in the preceding year.

Subsection (2) requires the employee to be physically able to work and to keep available for work through regular registration at a public employment office.

Subsection (3) requires the employee to wait 3 weeks after he becomes unemployed before he can commence to draw benefits. However, if he has previously lost 3 weeks of employment at any time during the preceding year, or has been partially unemployed, as defined, for 6 weeks, this will satisfy the waiting-period requirement. Subsection (4) renders an employee ineligible for benefits if his employment is directly due to a strike or a jurisdictional labor dispute still going on in the establishment where he was employed.

Subsection (5) penalizes an employee who voluntarily quits his job without good cause, by rendering him ineligible for benefits for the week in which he quit, and for from 1 to 3 additional weeks. In addition, it is considered that he has been paid benefits during these weeks of ineligibility in determining how many benefits he is entitled to under the 1-to-4 ratio specified in subsection 4 of section 6.

Subsection (6) penalizes an employee who is discharged for misconduct by rendering him ineligible for the week in which he was discharged and from 1 to 6 additional weeks, depending upon the severity of the offense. In addition, such weeks of ineligibility will be charged off against the maximum weeks of benefits to which he would otherwise be eligible.

Subsection (7) specifies that if an employee refuses to apply for or accept an offer of suitable work, he will become ineligible for benefits in that week and for the next 3 weeks following, and such weeks shall be charged against the maximum weeks of benefits to which he would otherwise be eligible unless, in the meantime, he finds another job. "Suitable employment" is defined as employment for which the employee is reasonably fitted, which is located within a reasonable distance of his residence or last employment, and which is not detrimental to his health, safety, or morals. In conformity with the requirements of the social security bill (H. R. 7260), he can refuse employment as not suitable: (a) if he would have to become a strike breaker; (b) if the wages, hours, and conditions are substandard; and (c) if acceptance of the work would require him to join a company union or interfere with his rights to belong to a bona fide labor organization.

Subsection (8) gives the administrative board discretion to require a minor to attend a vocational or other school as a condition of receiving benefits.

SECTION 8. SETTLEMENT OF BENEFIT CLAIMS

This section describes the procedure whereby an unemployed worker will establish his claim for benefits and whereby he may receive a fair hearing in case of disagreement. Such hearing would in the first instance be held before a part-time tribunal composed of an employee of the administrative board, an employee representative and an employer representative. Such hearing would be informal and nontechnical in nature. A further appeal would be allowed to the administrative board and finally to the courts on questions of law. All those connected with such claim procedure would be empowered to administer oaths and compel the attendance of witnesses and the production of pertinent records.

SECTION 9. COURT REVIEW

Appeal in questions of law is allowed to the Supreme Court of the District of Columbia in the first instance, and to the Court of Appeals of the District of Columbia in the second instance.

SECTION 10. ADMINISTRATION

Administration is vested in a Social Security Board established by the social security bill. This Board is required to report annually to Congress and the Commissioners of the District. It is empowered to make general rules for the administration of the act, to publish this act, its general rules and its annual report, and to employ necessary personnel, including a director.

It is provided that the Commissioners of the District of Columbia shall appoint a "District Unemployment Insurance Commission of three members, representing employers, employees, and the District of Columbia, to serve on a per diem basis. This Commission is empowered to nominate the director to be selected by the Social Security Board and to assist the Board in drafting administrative rules and formulating policies. Any recommendations of such Commission for changes in the act must be submitted by the Board to the Congress. The Social Security Board is empowered to make all possible efforts to stabilize employment in the District, and to engage in investigations and research to that end. The Board may require employment and pay-roll reports necessary to the administration of the act from employers. It may call on the United States district attorney to represent it in court.

SECTION 11. RECIPROCAL BENEFIT ARRANGEMENTS WITH THE STATES

This section provides that the Board may enter into arrangements with other States so that when employees of the District move to other States, or employees of other States move to the District, they may carry their benefit rights with them which will be assumed by the fund of the State to which the employee moves, or by the District fund in the case of employees moving into the District.

SECTION 12. PROTECTION OF RIGHTS AND BENEFITS

This section is designed (1) to protect the employee from waiving his rights to benefits; from having the employer's contributions passed on to him; (2) from having to pay exorbitant attorney fees in the hearing of disputed claims; and (3) to safeguard him against attachment of his benefits by creditors.

SECTION 13. COLLECTION OF CONTRIBUTIONS

Subsection (1) provides a penalty of interest at the rate of 1 percent per month on contributions that are in arrears.

Subsection (2) gives priority in the case of bankruptcy to contribution payments over all other claims except taxes due the United States, and wage claims.

Subsection (3) requires the United States district attorney to institute necessary court proceedings.

SECTION 14. PENALTIES

Subsection (1) provides penalties of from $20 to $100 in fines or imprisonment for not more than 60 days, or both, in the case of infringements of this act by employees.

Subsection (2) specifies fines of from $100 to $1,000 or imprisonment for not more than 6 months or both, for infringements by employers.

Subsection (3) specifies fines of from $20 to $200 or imprisonment for not more than ninety days, or both, for other violations of this act. Subsection (4) provides that such fines may be collected in a civil action for debt.

SECTION 15. UNEMPLOYMENT ADMINISTRATION ACCOUNT

This section provides that administrative expenses will be accounted for separately from benefit expenditures, to conform with the Federal social security bill. Administrative expenses are to be allocated from funds provided for that purpose in the social security bill.

SECTION 16. APPROPRIATIONS

This section authorizes an initial appropriation of $750,000 from the funds of the District of Columbia to provide for its contributions for its own employees on a per diem basis and for its contribution of 1 percent based on all pay rolls.

SECTION 17. SAVING CLAUSE

This section contains the usual constitutional saving clause and expressly safeguards against any claims of a vested interest in the rights, privileges, or immunities conferred by the act.

SECTION 18. SEPARABILITY OF PROVISIONS

This section limits the effect of any decision on constitutionality of any provision to the effect of that provision on the person or circumstance involved in the case.

SECTION 19. EFFECTIVE DATE

The act is to become effective on passage.

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AMEND AN ACT ENTITLED "AN ACT TO ACCEPT THE CESSION BY THE STATE OF OREGON OF EXCLUSIVE JURISDICTION OVER THE LANDS EMBRACED WITHIN THE CRATER LAKE NATIONAL PARK, AND FOR OTHER PURPOSES"

MAY 9, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MOTT, from the Committee on the Public Lands, submitted the

following

REPORT

[To accompany H. R. 7566]

The Committee on the Public Lands, to whom was referred H. R. 7566, to amend an act entitled "An act to accept the cession by the State of Oregon of exclusive jurisdiction over the lands embraced within the Crater Lake National Park, and for other purposes.", after careful consideration of same, report favorably thereon with the recommendation that the bill do pass the House without amendment. Facts concerning the proposed legislation are set forth in the favorable report of the Secretary of Interior, dated May 4, 1935, which is herein below set out in full and made a part of this report, as follows: DEPARTMENT OF THE INTERIOR, Washington, May 4, 1935.

Hon. RENÉ L. DEROUEN,

Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. CHAIRMAN: I have received your letter of April 18 requesting a report on H. R. 7566, entitled "A bill to amend an act entitled 'An act to accept the cession by the State of Oregon of exclusive jurisdiction over the lands embraced within the Crater Lake National Park, and for other purposes.'

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The purpose of this proposed legislation is to permit the United States Commissioner for the Crater Lake National Park to reside outside the boundaries of the park. The park is closed during several months of the year, on account of the heavy snowfall in that region during the winter months, and it is therefore impracticable for the commissioner to reside within the boundaries of the park throughout the year. During such time, the superintendent and other officials of the park maintain offices at Medford, Oreg., where the Government has acquired buildings for that purpose.

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