other records before the Board or in obedience to the subpoena of the Board or any member thereof or any officer designated by it, or in any cause or proceeding instituted by the Board, 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 individual shall be prosecuted or subject to any penalty 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, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

(i) Witnesses subpenaed pursuant to this section shall be allowed fees at a rate fixed by the Board. Such fees and all other expenses of proceedings involving disputed claims shall be deemed part of the expense of administering this Act.

COURT REVIEW

SEO. 13. (a) Within thirty days after the decision of the Board has become final, either party may appeal to the Supreme Court of the District of Columbia from such decision. Upon the filing of any such appeal notice thereof shall be served upon the Board by the appellant. Such appeals shall be heard by the Court at the earliest possible date and shall be given precedence over all other civil cases. It shall not be necessary on any such appeal to enter exceptions to the rulings of the Board and no bond shall be required for entering such appeal. In no event shall an appeal act as a supersedeas.

(b) An appeal may be taken from a decision of such Court to the United States Court of Appeals for the District.

ADMINISTRATION

SEO. 14. (a) The Board is hereby authorized and directed to administer the provisions of this Act. The Board is further authorized to employ such officers, examiners, accountants, attorneys, experts, agents, and other persons, and to make such expenditures, as may be necessary to administer this Act, and to authorize any such person to do any act or acts which could lawfully be done by the Board. The Board may, in its discretion, require bond from any of its employees engaged in carrying out the provisions of this Act.

(b) The Board is further authorized to prescribe all regulations which may be necessary to carry out the provisions of this Act. Such regulations shall become effective five days after they have been published in a newspaper of general circulation in the District.

(c) The Board shall each year, not later than February 1, submit to Congress a report covering the administration and operation of this Act during the preceding calendar year, and containing such recommendations as the Board wishes to make.

(d) The Board shall, whenever it believes that a change in the contribution or benefit rates is necessary to protect the solvency of the fund, at once recommend such change to Congress if in session.

(e) The Board is hereby authorized and directed, in the administration of this Act, to cooperate to the fullest practicable extent with the Social Security Board created by the Social Security Act; to

make such reports in such form and containing such information as the Social Security Board may from time to time require, and to comply with such provisions as the Social Security Board may from time to time find necessary to assure the correctness and verification of such reports; and to comply with the regulations prescribed by the Social Security Board governing the expenditure of such sums as may be allotted and paid to the District under Title III of the Social Security Act for the purpose of assisting in administering this Act.

METHOD OF PAYING ADMINISTRATIVE EXPENSES

SEO. 15. All moneys received by the Board from the United States under Title III of the Social Security Act or from other sources for administering this Act shall, immediately upon such receipt, be deposited in the Treasury of the United States as a special deposit to be used solely to pay such administrative expenses. All such payments of expenses shall be made by checks drawn by the Board and shall be subject to audit by the District auditor in the same manner as are payments of other expenses of the District.

DISTRICT UNEMPLOYMENT COMPENSATION BOARD

SEC. 16. (a) There is hereby established the District Unemployment Compensation Board, to be composed of the Commissioners of the District as members ex-officio, and one representative of employees and one representative of employers to be appointed by the Commissioners. Each such representative shall be a resident of the District and shall hold office for a term of three years from the date of his appointment; except that (1) any representative appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed only for the remainder of such term, and (2) the term of office of the first representative of employees shall be two years. The chairman of the Commissioners of the District shall be chairman of the Board.

(b) The Board shall administer this Act through an executive officer to be appointed and employed by the Board. Such executive officer shall act as secretary of the Board and is hereby authorized to act in the name of the Board in all matters specifically delegated to him by the Board.

(c) The Commissioners of the District shall serve on the Board without additional compensation, but the representatives of employees and employers, respectively, shall be paid $10 for each day of active service.

RECIPROCAL AGREEMENTS WITH STATES

SEC. 17. The Board is hereby authorized, upon such terms as in its judgment will not result in any loss to the District Unemployment Fund, to enter into agreements with the proper authorities under State unemployment-compensation laws whereby there shall be effected with respect to individuals who have removed from employment in the District to employment in the State covered by the agreement, or who have removed from employment in such State to employment in the District, an exchange of the rights acquired by

such individuals with respect to unemployment benefits in the place of their former employment. The terms of all such agreements entered into by the Board shall be published at least once in a newspaper of general circulation in the District.

RECORDS AND REPORTS

SEC. 18. (a) Every employer shall keep true and accurate employment records of all individuals employed by him in employment, including the hours of em loyment and the wages payable therefor. Such records shall be open to inspection by the Board every day except Saturdays, Sundays, and legal holidays, between the hours of 9 o'clock ante meridian and 4 o'clock post meridian.

(b) The Board may require from any such employer such reports in connection with his business, covering employment, employees, wages, hours, unemployment, and related matters, as the Board deems necessary to the effective administration of this Act. Information thus obtained shall not be published or be open to the public in any manner which will reveal the employer's identity; and any person who violates any provision of this section shall be fined not less than $20 nor more than $200 or imprisoned not longer than ninety days, or both.

(c) Upon request therefor, the Board shall furnish to any agency of the United States or of the District charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and a statement of such recipient's rights to further benefits under this Act.

PROTECTION OF RIGHTS AND BENEFITS

SEO. 19. (a) No agreement by any individual to waive any of his rights under this Act, or to pay any part of the contribution payable by his employer with respect to his or any other individual's employment shall be valid; nor shall any employer make, require, or permit any deduction from the wages payable to his employees for the purpose of paying any part of the contributions required of the employer under this Act, or require or attempt to induce any individual to waive any right he may acquire under this Act. Any employer who violates any provision of this subsection shall, for each such offense, be fined not less than $100 nor more than $1,000 or be imprisoned not more than six months, or both.

(b) No assignment of any right to benefits which are or may become due or payable under this Act shall be valid or enforceable and the right to any such benefits shall be exempt from levy, execution, attachment, and any other remedy whatsoever provided for the collection of debt; and the benefits received by any individual shall be exempt from the payment of all debts except debts accrued for necessaries furnished to such individual or his spouse at a time when such individual was unemployed. Exemptions provided for in this subsection may not be waived.

(c) No individual seeking to establish a claim for benefits shall be charged any fee whatsoever by the Board; and no person who represents any such individual in any proceeding shall charge or receive for his services a sum in excess of 10 per centum of the aggre

gate amount of benefits received by such individual pursuant to the decision in such proceedings. Any person who violates any provision of this subsection shall, for each such offense, be fined not more than $500 or imprisoned not more than one year, or both.

PENALTIES

SEO. 20. (a) Whoever makes a false statement or representation, knowing it to be false, to obtain or increase any payment provided for in this Act, for himself or any other individual, shall, for each such offense, be fined not less than $20 nor more than $100 or imprisoned not more than sixty days, or both.

(b) Any employer, and any officer or agent of an employer, who furnishes a false record or makes a false statement or representation, knowing it to be false, to avoid the payment of any or all of the contributions required of such employer under this Act, or to prevent or reduce the payment of benefits to any individual entitled thereto, and any employer who willfully refuses to pay the contributions or to furnish any report required of him under this Act, shall, for each such offense, be fined not less than $100 nor more than $1,000 or imprisoned not more than six months, or both.

DISPOSITION OF FINES

SEO. 21. The amount of all fines collected pursuant to the provisions of this Act shall be turned over to the Board and by it paid into the District Unemployment Fund.

REPRESENTATION IN COURT

SEC. 22. (a) On the request of the Board the United States district attorney for the District shall represent the Board in any action in court arising under this Act or in connection with the administration and enforcement of its provisions, including actions for the collection of contributions due hereunder; but in any civil action the Board may be represented by its own counsel.

(b) Violations of any provision of this Act shall be prosecuted by the United States district attorney for the District.

RIGHT TO AMEND OR REPEAL

SEC. 23. All the rights, privileges, or immunities conferred by this Act or by acts done pursuant thereto shall exist subject to the power of Congress to amend or repeal this Act at any time.

SEPARABILITY OF PROVISIONS

SEC. 24. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to other persons and circumstances, shall not be affected thereby.

SHORT TITLE

SEO. 25. This Act may be cited as the "District of Columbia Unemployment Compensation Act".

Approved, August 28, 1935.

[PUBLIC-No. 446-74TH CONGRESS]

(H. R. 10929]

AN ACT

To amend the District of Columbia Unemployment Compensation Act with respect to excepted employment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 (b) of the District of Columbia Unemployment Compensation Act is amended in the following respects:

(1) At the end of paragraph (5) strike out "and";

(2) At the end of paragraph (6) strike out the period and insert in lieu thereof "; and"; and

(3) After paragraph (6) insert the following new paragraph:

(7) Service performed in the employ of the following: All religious institutions and schools maintained by them; colleges or universities, no part of the net earnings of which inures to the benefit of any private shareholder or individual." Approved, February 13, 1936.

(EXTRACT FROM)

[PUBLIC-No. 762-74TH CONGRESS]

SEC. 9. Paragraph (7) of section 1 (b) of the District of Columbia Unemployment Compensation Act, as amended, is amended to read as follows:

"(7) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual."

Approved, June 23, 1936.

(328)