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"(b) Acceptance of such compensation under an award in a compensation order filed by the deputy commissioner shall operate as an assignment to the employer of all right of the person entitled to compensation to recover damages against such third person."

"(e) Any amount recovered by such employer on account of such assignment, whether or not as the result of a compromise, shall be distributed as follows:

"(1) The employer shall retain an amount equal to—

(A) the expenses incurred by him in respect to such proceedings or compromise (including a reasonable attorney's fee as determined by the deputy commissioner);

(B) the cost of all benefits actually furnished by him to the employee under section 7;

(C) all amounts paid as compensation;

(D) the present value of all amounts thereafter payable as compensation, such present value to be computed in accordance with a schedule prepared by the Commission, and the present value of the cost of all benefits thereafter to be furnished under section 7, to be estimated by the deputy commissioner, and the amounts 30 computed and estimated to be retained by the employer as a trust fund to pay such compensation and the cost of such benefits as they become due, and to pay any sum finally remaining in excess thereof to the person entitled to compensation or to the representative; and

"(2) The employer shall pay any excess to the person entitled to compensation or to the representative."

SEO. 13. That section 33 of said Act be, and it is hereby, further amended by adding thereto the following new subdivision:

"(i) Where the employer is insured and the insurance carrier has assumed the payment of the compensation, the insurance carrier shall be subrogated to all the rights of the employer under this section."

SEC. 14. That section 38 of said Act be, and it is hereby, amended to read as follows:

"SEC. 38. (a) Any employer required to secure the payment of compensation under this Act who fails to secure such compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such fine or imprisonment as herein provided for the failure of such corporation to secure the payment of compensation; and such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under the said Act in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of compensation as required by section 32 of this Act.

"(b) Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to such employer, after one of his employees has been injured within the purview of this Act, and with intent to avoid the payment of compensation under this Act to such employee or his dependents, shall be guilty of a misdemeanor and, upon con

viction thereof, shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such corporation for such fine.

"(c) This section shall not affect any other liability of the employer under this Act."

Approved, June 25, 1938.

[PUBLIC-No. 537-71ST CONGRESS]

(S. 3061]

An Act To amend section 4 of the Act entitled "An Act to

create a Department of Labor," approved March 4, 1913.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the Act entitled "An Act to create a Department of Labor," approved March 4, 1913, is amended by adding at the end thereof the following new paragraph:

"The Bureau of Labor Statistics shall also collect, collate, report, and publish at least once each month full and complete statistics of the volume of and changes in employment, as indicated by the number of persons employed, the total wages paid, and the total hours of employment, in the service of the Federal Govern ment, the States and political subdivisons thereof, and in the following industries and their principal branches: (1) Manufacturing; (2) mining, quarrying, and crude petroleum production; (3) building construction; (4) agriculture and lumbering; (5) transportation, communication, and other public utilities; (6) the retail and wholesale trades; and such other industries as the Secretary of Labor may deem it in the public interest to include. Such statistics shall be reported for all such industries and their principal branches throughout the United States and also by States and/or Federal reserve districts and by such smaller geographical subdivisions as the said Secretary may from time to time prescribe. The said Secretary is authorized to arrange with any Federal, State, or municipal bureau or other governmental agency for the collection. of such statistics in such manner as he may deem satisfactory, and may assign special agents of the Department of Labor to any such bureau or agency to assist in such collection."

Approved, July 7, 1930.

(231)

[PUBLIC-No. 616-718T CONGRESS]

[S. 5776]

An Act To provide for the advance planning and regulated construction of public works, for the stabilization of industry, and for aiding in the prevention of unemployment during periods of business depression.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Employment Stabilization Act of 1931."

DEFINITIONS

SEO. 2. When used in this Act

(a) The term "board" means the Federal Employment Stabilization Board established by section 3 of this Act;

(b) The term "United States," when used in a geographical sense, includes the several States and Territories and the District of Columbia;

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(c) The term "public works emergency appropriation means an appropriation made in pursuance of supplemental estimates transmitted to the Congress under the provisions of this Act.

(d) The term "construction agencies" shall mean the following departments, bureaus, and independent agencies and such others as the President may designate from time to time:

Of the Department of Agriculture, the Bureau of Public Roads, the Bureau of Plant Industry, the Forest Service, the Bureau of Dairy Industry, and the Bureau of Animal Industry;

Of the Department of Commerce, the Aeronautics Branch, the Coast and Geodetic Survey, the Bureau of Fisheries, and the Bureau of Lighthouses;

Of the Department of Interior, the Bureau of Indian Affairs, the Bureau of Reclamation, and the National Park Service;

Of the Department of the Treasury, the Coast Guard, the Public Health Service, and the Office of the Supervising Architect;

Of the Department of War, the office of the Quartermaster General, and the office of the Chief of Engineers;

Of the Department of Justice, the Bureau of Prisons;

Of the Department of the Navy, the Bureau of Yards and Docks; The Department of Labor;

The Post Office Department;

Of the independent agencies, the Veterans' Administration, the office of Public Buildings and Public Parks of the National Capital, the District of Columbia, the Architect of the Capitol, and the Panama Canal.

(e) The term "construction" shall include also repairs and alterations, and the purchase of such materials, supplies, and equipment as may be necessary as a part of, or incident to, such construction, repairs, or alterations,

(f) The term "authorized construction" shall include those projects which have been specifically authorized by Congress, and those projects which do not require specific legislative authorization, such as repairs and alterations.

FEDERAL EMPLOYMENT STABILIZATION BOARD

SEO. 8. (a) There is hereby established a board to be known as the Federal Employment Stabilization Board, and to be composed of the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Agriculture, and the Secretary of Labor. It shall be the duty of the board to advise the President from time to time of the trend of employment and business activity and of the existence or approach of periods of business depression and unemployment in the United States or in any substantial portion thereof; to cooperate with the construction agencies in formulating methods of advance planning; to make progress reports; and to perform the other functions assigned to it by this Act.

(b) The board is authorized to appoint, in accordance with the civil-service laws, a director and such experts, and clerical and other assistants, and to make such expenditures (including expenditures for personal services and rent at the seat of Government and elsewhere, for law books, books of reference, and periodicals) as may be necessary for the administration of this Act, and as may be provided for by the Congress from time to time. The compensation of the director and such experts and clerical and other assistants shall be fixed in accordance with the classification Act of 1923, as amended. The director and his staff may be domiciled in and attached to one of the executive departments. There is hereby authorized to be appropriated annually such sum as may be necessary for the expenses of the board.

BASIS OF ACTION OF BOARD

SEO. 4. (a) In advising the President the board shall take into consideration the volume, based upon value, of contracts awarded for construction work in the United States, or in any substantial portion thereof, during any three-month period in comparison with the corresponding three-month period of three previous calendar years.

(b) The board may also take into consideration the index of employment prepared by the Department of Labor, and any other information concerning employment furnished the Department of Labor or by any other public or private agency, and any other facts which it may consider pertinent.

PUBLIO WORKS EMERGENCY APPROPRIATION

SEO. 5. Whenever, upon recommendation of the board, the President finds that there exists, or that within the six months next following there is likely to exist, in the United States or any substantial portion thereof, a period of business depression and unemployment, he is requested to transmit to the Congress by special message, at such time and from time to time thereafter, such supplemental estimates as he deems advisable for emergency appropriations, to be

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