"(c) The term 'extortion' means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

"SEC. 2. Whoever in any way or degree obstructs, delays, or affects commerce, or the movement of any article or commodity in commerce, by robbery or extortion, shall be guilty of a felony.

"SEC. 3. Whoever conspires with another or with others, or acts in concert with another or with others to do anything in violation of section 2 shall be guilty of a felony.

"SEC. 4. Whoever attempts or participates in an attempt to do anything in violation of section 2 shall be guilty of a felony.

"SEC. 5. Whoever commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of section 2 shall be guilty of a felony.

"SEC. 6. Whoever violates any section of this title shall, upon conviction thereof, be punished by imprisonment for not more than twenty years or by a fine of not more than $10,000, or both.

"TITLE II

"Nothing in this Act shall be construed to repeal, modify, or affect either section 6 or section 20 of an Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914, or an Act entitled 'An Act to amend the judicial code and to define and limit the jurisdiction of the courts in equity, and for other purposes', approved March 23, 1932, or an Act entitled 'An Act to provide for the prompt disposition of disputes between carriers and their employees, and for other purposes', approved May 20, 1926, as amended, or an Act entitled 'An Act to diminish the causes of labor disputes burdening or obstructing interstate or foreign commerce, to create a National Labor Relations Board, and for other purposes', approved July 5, 1935."

Approved July 3, 1946.

[PUBLIC LAW 501-79TH CONGRESS]

[CHAPTER 557-2D SESSION]

[S. 2234]

AN ACT

To amend the District of Columbia Unemployment Compensation Act, to provide for unemployment compensation in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the District of Columbia Unemployment Compensation Act, approved August 28, 1935, as amended, is further amended to read as follows:

Section 3 (c) (5) is amended to read as follows:

"(5) The Board shall for any uncompleted portion of the calendar year beginning with the effective date of this Act and for each calendar year thereafter classify employers in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts. Each employer's contribution rate for each subsequent year or part thereof shall be calculated on the basis of his records filed with the Board and benefit payments disbursed through the applicable computation date." Section 3 (c) (7) is amended to read as follows:

"(7) (a) If the business of any employer is transferred in whole or in part, the transferee shall be deemed a successor for the purpose of this section. In case the transfer of any of the assets of a covered employer's business by any means whatever, otherwise than in the ordinary course of trade, such transfer shall be deemed a transfer of business and shall constitute the transferee a successor hereunder, unless the Board, on its own motion or on application of an interested party, finds that all of the following conditions exist:

"(1) The transferee has not assumed any of the transferor's obligations; and

"(2) The transferee has not continued or resumed transferor's good will; and

"(3) The transferee has not continued or resumed the business of the transferor, either in the same establishment or elsewhere; and

"(4) The transferee has not employed substantially the same employees as those the transferor had employed in connection with the assets transferred.

"(b) The successor, if not already subject to this section, shall become an 'employer' subject hereto on the date of such transfer, and shall accordingly become liable for contributions hereunder from and after said date.

"(c) The successor shall take over and continue the employer's account, including its reserve and all other aspects of its experience under this section, in proportion to the pay roll or employees assignable to the transferred business as determined for the purposes of this section by the Board. The successor shall be secondarily liable

for any amounts owed by the employer to the fund at the time of such transfer; but such liability shall be proportioned to the extent of the transfer of business and shall not exceed the value of the assets transferred.

"(d) The benefit chargeability of a successor's account under section 3 (c) if not accrued before the transfer date shall begin to accrue on the transfer date, in case the transferor's benefit chargeability was then accruing; or shall begin to accrue on the date otherwise applicable to the successor, or on the date otherwise applicable to the transferor, whichever is earlier, in case the transferor's benefit chargeability was not accruing on the transfer date. Similarly, benefits from a successor's account, if not chargeable before the transfer date shall become chargeable on the transfer date, in case the transfer was then chargeable for the benefit payments; or shall become chargeable on the date otherwise applicable to the successor or on the date otherwise applicable to the transferor, whichever is earlier, in case the transferor was chargeable for the benefit payments on the transfer date.

"(e) The account taken over by the successor employer shall remain chargeable with respect to accrued benefit and related rights based on employment in the transferred business, and all such employment shall be deemed employment performed for such employer.

(f) The contribution rates applicable with respect to the accounts of the successor employer and a transferring employer shall be respectively determined or redetermined as of the next preceding June 30 computation date, to apply from the date of transfer of business until the close of the current calendar year, and shall thereafter be determined whenever required by section 3 (c), as follows: For the purposes of section 3 (c), the Board shall determine the 'experience under this section' of the successor employer's account and of the transferring employer's account by allocating to the successor employer's account for each period in question the respective proportions of the transferring employer's pay roll and the benefits which the Board determines to be properly assignable to the business transferred.

"(g) SPECIAL COMBINATIONS OF EXPERIENCE-Any successor employer who has failed to obtain credit for its predecessor's experience, solely because of the provisions of section 3 (c) (7) of the Act prior to its amendment by this Act, may file a written application for such allowance after the effective date of this Act. In the event the Board finds that such employer is entitled to such combination of experience under the provisions of section 3 (c) (7) as amended by this Act, the combination shall be allowed effective for the calendar year next succeeding the date of such application."

Section 3 (c) (8) is amended by adding at the end thereof the following subsection:

"(iii) Except as otherwise provided in this section, whenever through inadvertence or mistake erroneous charges or credits are found to have been made to experience-rating accounts, the same shall be readjusted as of the date of discovery and such readjustment shall not affect any computation or rate assigned prior to the date of discovery but shall be used on the next computation date in calculating future contribution rates."

Section 3 (c) (10) is amended by inserting, after the words. "employer thereof" found at the end of the third sentence of said. section, the following additional sentence: "All such hearings shall be held before a Contribution Rate Review Committee composed of three members who shall be employees of the Board and appointed by the Board. The findings and decision of this Committee shall not be subject to review by the District Auditor."

This act shall take effect as of 12:01 antemeridian on the first day of the next succeeding calendar quarter following the enactment of this Act.

Approved July 11, 1946.

(Extract from)

PUBLIC LAW 549-79TH CONGRESS]

[CHAPTER 672-2D SESSION]
[H. R. 6739]

AN ACT

Making appropriations for the Department of Labor, the Federal Security Agency, and related independent agencies, for the fiscal year ending June 30, 1947, and for other purposes.

UNITED STATES EMPLOYMENT SERVICE

General administration: For expenses necessary for the general administration of the United States Employment Service, including one Director at not to exceed $10,000 per annum and other personal services in the District of Columbia and elsewhere and contract stenographic reporting services, $6,394,600, of which $2,650,600 shall be for use in carrying into effect the provisions of title IV (except section 602) of the Servicemen's Readjustment Act of 1944: Provided, That the appropriation in this title for traveling expenses shall be available, in an amount not to exceed $2,000, for expenses of attendance at meetings of organizations concerned with the work of the United States Employment Service when incurred on the written authority of the Secretary of Labor.

Employment office facilities and services: For necessary expenses in connection with the operation and maintenance of the United States Employment Service, and for carrying into effect section 602 of the Servicemen's Readjustment Act of 1944; including contract janitorial services, at not to exceed $300 for any individual; not to exceed $500 for newspapers; reimbursement, at not to exceed 3 cents per mile, for official travel performed by employees in privately owned automobiles within the limits of their official station; printing and binding (not to exceed $46,875); travel expenses (not to exceed

$671,415); and rent in the District of Columbia; $25,693,875, and, without limitation upon the availability of other funds for the same purposes, $11,000,000 for the liquidation of unrecorded and contingent obligations, including the payment of accrued annual leave, arising in connection with the transfer of employment office facilities and services to State operation; in all, $36,693,875: Provided, That payment of salaries may be made to employees while taking annual and sick leave based upon unused leave accrued under State regulations found by the Social Security Board to conform to the requirements of title III of the Social Security Act, as amended, and on the basis of State employment which had been financed in whole or in part from grants under title III of said Act, including payment for accrued leave to be substituted for leave without pay taken between January 1 and June 30, 1942, which payment shall not exceed in any case the amount payable for such purposes under Federal laws with respect to the maximum accumulation of such leave: Provided further, That the Secretary of Labor may transfer funds from this appropriation to the Social Security Board for "Grants to States for unemployment compensation administration" as authorized in title III of the Social Security Act, as amended, to meet costs incurred by States in making available to the United States Employment Service premises, equipment, supplies, facilities, and services, needed by said Service in the operation and maintenance of employment office facilities and services, any sum so transferred and not expended in accordance with this proviso to be retransferred to this appropriation: Provided further, That pending the return to State control of the Employment Service facilities, property, and personnel loaned by the States to the United States. Employment Service, no portion of the sum herein appropriated shall be expended by any Federal agency for any salary, to any individual engaged in employment service duties in any position within any local or field or State office, which substantially exceeds the salary which would apply to such position and individual if the relevant State merit system applied and if State operation of such office had continued without interruption: Provided further, That no portion of the sum herein appropriated shall be expended by any Federal agency for the salary of any person who is engaged for more than half of the time, as determined by the State director of unemployment compensation, including claims taking but excluding registration for work: Provided further, That the sum herein appropriated shall not be subject to the apportionment requirements of section 3679 of the Revised Statutes, as amended (U. S. C., title 31, sec. 665).

GRANTS TO STATES FOR PUBLIC EMPLOYMENT OFFICES

For grants to the several States (including Alaska and Hawaii), beginning November 16, 1946, in accordance with the provisions of the Act of June 6, 1933, as amended (29 U. S. C. 49-491), and for carrying into effect section 602 of the Servicemen's Readjustment Act of 1944, including, upon the request of any State, the payment of rental for space made available to such State in lieu of grants for such purpose, $42,823,125, of which $360,625 shall be available to the United States Employment Service for all necessary expenses, including personal services, in connection with the operation of employment office facilities and services in the District of Columbia: Provided, Approved July 26, 1946.