Page:United States Statutes at Large Volume 52.djvu/1153

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PUBLIC LAWS-CH. 680 -JUNE 25, 1938 Proviso. If State authorizes transfer, certification not to be withheld. Withholdings from certification to begin on inability of State to meet condition. Provisions not deemed breaches of designated conditions. 49 Stat. 626, 640. 42 U. S. C., Supp. In, §§ 503, 1103. Payments to rail- road unemployment insurance account. 49 Stat. 626 . 42 U. S. C., Supp. III, i 501. 49 Stat. 627. Withholding of grants to noncooperat- ing States. District of Colum- bia Unemployment Compensation Act. "Employment," definition extended. 49 Stat. 946. cation pursuant to this paragraph: Provided, however, That if a State shall, prior to whichever is the later of (i) thirty days after the close of the first regular session of its legislature which begins after the approval of this Act, and (ii) January 1, 1940, authorize and direct the Secretary of the Treasury to transfer from its account in the unemployment trust fund to the railroad unemployment com- pensation account in the unemployment trust fund an amount equal to its "liquidating amount", no amount shall be withheld from certification for payment to such State pursuant to this paragraph. The withholdings from certification directed in each of the fore- going paragraphs of this subsection shall begin with respect to each State when the Social Security Board finds that such State is unable to avail itself of the condition set forth in the proviso contained in such paragraph. (e) The transfers described in the provisos contained in the several paragraphs of subsection (d) of this section shall not be deemed to constitute a breach of the conditions set forth in sections 303 (a) (5) and 903 (a) (4) of the Social Security Act; nor shall the withdrawal by a State from its account in the unemployment trust fund of amounts, but not to exceed the total amount the Social Security Board shall have withheld from certification with respect to such State pursuant to subsection (d) of this section, be deemed to constitute a breach of the conditions set forth in sections 303 (a) (5) and 903 (a) (4) of the Social Security Act, provided the moneys so withdrawn are expended solely for expenses which the Social Security Board determines to be necessary for the proper administration of such State's unemployment compensation law. (f) The Social Security Board is authorized and directed to certify to the Secretary of the Treasury for payment, and the Secretary shall pay, into the railroad unemployment insurance account, such amounts as the Social Security Board withholds from certification pursuant to subsection (d) of this section and the appropriations authorized in section 301 of the Social Security Act shall be available for payments authorized by this subsection. The Secretary shall transfer from the account of a State in the unem- ployment trust fund to the railroad unemployment insurance account in the unemployment trust fund such amounts as the State authorizes and directs him so to transfer pursuant to subsection (d) of this section. (g) Section 303 of the Social Security Act is hereby amended by adding thereto the following additional subsection: "(c) The Board shall make no certification for payment to any State if it finds, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law- "(1) That such State does not make its records available to the Railroad Retirement Board, and furnish to the Railroad Retirement Board at the expense of the Railroad Retirement Board such copies thereof as the Railroad Retirement Board deems necessary for its purposes; or "(2) That such State is failing to afford reasonable coopera- tion with every agency of the United States charged with the administration of any employment insurance law." DISTRICT OF COLUMBIA UNEMPLOYMENT COMPENSATION ACT SEc. 14. (a) Effective July 1, 1939, section 1 (b) of the District of Columbia Unemployment Insurance 1 Act is amended by substituting a semicolon for the period at the end thereof and by adding: "(8) service performed in the employ of an employer as defined in the 'So in original. 1112 [52 STAT.