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TITLE 29.-LABOR

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§§ 31 to 41c. Repealed. Pub. L. 93-112, title V, § 500(a), Sept. 26, 1973, 87 Stat. 390.

Section 31, acts June 2, 1920, ch. 219, § 1, 41 Stat. 735; June 5, 1924, ch. 265, 43 Stat. 431; June 9, 1930, ch. 414, § 1, 46 Stat. 524; June 30, 1932, ch. 324, § 1, 47 Stat. 448; July 6, 1943, ch. 190, § 1, 57 Stat. 374; Aug. 3, 1954, ch. 655, § 2, 68 Stat. 652; Nov. 8, 1965, Pub. L. 89-333, § 2(a), 79 Stat. 1282; Oct. 3, 1967, Pub. L. 90-99, § 2, 81 Stat. 250; July 7, 1968, Pub. L. 90-391, §§ 2, 7(c), 82 Stat. 298, 300; Dec. 31, 1970, Pub. L. 91-610, § 1, 84 Stat. 1817, related to grants to assist in rehabilitating handicapped individuals, providing in subsec. (a) authorization to make grants and a statement of purpose and in subsec. (b) authorization of appropriations.

Section 32, acts June 2, 1920, ch. 219, § 2, 41 Stat. 735; July 6, 1943, ch. 190, § 1, 57 Stat. 374; Aug. 3, 1954, ch. 655, § 2, 68 Stat. 652; Nov. 8, 1965, Pub. L. 89-333, § 2(a), 79 Stat. 1282; July 7, 1968, Pub. L. 90-391, §§ 3, 4, 5, 82 Stat. 298, related to grants to States for vocational rehabilitation services, providing in: subsec. (a) for computation of allotments; subsec. (b) for amount of payments and adjusted Federal shares; and subsec. (c) for private contributions for construction or establishment of facilities.

Section 33, acts June 2, 1920, ch. 219, § 3, 41 Stat. 736; June 5, 1924, ch. 265, 43 Stat. 431; June 9, 1930, ch. 414, § 2, 46 Stat. 524; June 30, 1932, ch. 324, § 2, 47 Stat. 449; July 6, 1943, ch. 190, § 1, 57 Stat. 376; Aug. 3, 1954, ch. 655, § 2, 68 Stat. 654; Nov. 8, 1965, Pub. L. 89-333, § 2(a), 79 Stat. 1283; July 7, 1968, Pub. L. 90-391, § 6, 82 Stat. 299, related to grants for innovaction of vocational rehabilitation services, providing in: subsec. (a) for the basis of allotments; subsec. (b) for duration of payments; subsec. (c) for restriction on payments; and subsec. (d) for additional amounts.

Section 34, acts June 2, 1920, ch. 219, § 4, 41 Stat. 736; June 9, 1930, ch. 414, § 3, 46 Stat. 525; July 6, 1943, ch. 190, § 1, 57 Stat. 377; Aug. 3, 1954, ch. 655, § 2, 68 Stat. 655; Aug. 3, 1956, ch. 903, 70 Stat. 956; Aug. 28, 1957, Pub. L. 85-198, § 1, 71 Stat. 473; Aug. 28, 1957, Pub. L. 85-213, 71 Stat. 488; Nov. 8, 1965, Pub. L. 89-333, §§ 4(a), 5(a), 12(a), (b) (1), (2), 79 Stat. 1289, 1290, 1293; Oct. 3, 1967, Pub. L. 90-99, § 3, 81 Stat. 251; July 7, 1968, Pub. L. 90-391, § 7(a), (b), (d), 82 Stat. 299, 300; Dec. 31, 1970, Pub. L. 91-610, § 2, 84 Stat. 1817, related to grants for special projects, providing in: subsec. (a) general provisions; subsec. (b) for payments; and subsec. (c) for National Advisory Council on Vocational Rehabilitation.

Section 35, acts June 2, 1920, ch. 219, § 5, 41 Stat. 736; June 30, 1932, ch. 324, § 3, 47 Stat. 450; July 6, 1943, ch. 190, § 1, 57 Stat. 377; Aug. 3, 1954, ch. 655, § 2, 68 Stat. 656; Nov. 8, 1965, Pub. L. 89-333, §§ 8(a), 12(b) (1), 79 Stat. 1291, 1293; Oct. 3, 1967, Pub. L. 90-99, § 6, 81 Stat. 253; July 7, 1968, Pub. L. 90-391, § 8, 82 Stat. 300, related to State plans, providing in: subsec. (a) for requirements for approval; subsec. (b) for approval; subsec. (c) for withholding or limitation of payments; and subsec. (d) for judicial review.

Section 36, acts June 2, 1920, ch. 219, § 6, 41 Stat. 737; June 5, 1924, ch. 265, 43 Stat. 432; June 9, 1930, ch. 414, § 4,

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46 Stat. 526; June 30, 1932, ch. 324, § 4, 47 Stat. 450; July 6, 1943, ch. 190, § 1, 57 Stat. 378; Aug. 3, 1954, ch. 655, § 2, 68 Stat. 658, related to method of computing and making payments.

Section 37, Acts June 2, 1920, ch. 219, § 7, 41 Stat. 737; July 6, 1943, ch. 190, § 1, 57 Stat. 378; Aug. 3, 1954, ch. 655, § 2, 68 Stat. 658; Aug. 28, 1957, Pub.L. 85-198, § 2, 71 Stat. 474; Nov. 8, 1965, Pub.L. 89-333, §§ 5(b), 7, 12(b) (1), 79 Stat. 1290, 1291, 1293; July 7, 1968, Pub.L. 90-391, § 9, 82 Stat. 301, related to administration, providing in: subsec. (a) general provisions; subsec. (b) for rules and regualtions; subsec. (c) for research and dissemination of information; subsec. (d) for authorization of appropriations; and subsec. (e) for evaluation of vocational rehabilitation program.

Section 38, act June 2, 1920, ch. 219, § 8, as added July 6, 1943, ch. 190, § 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, § 2, 68 Stat. 659; Nov. 8, 1965, Pub.L. 89-333, § 12(b) (3), 79 Stat. 1293, related to promotion of employment opportunities.

Section 39, act June 2, 1920, ch. 219, § 9, as added July 6, 1943, ch. 190, § 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, § 2, 68 Stat. 659, related to annual reports to Congress.

Section 40, act June 2, 1920, ch. 219, § 10, as added July 6, 1943, ch. 190, § 1, 57 Stat. 379, and admended Aug. 3, 1954, ch. 655, § 2, 68 Stat. 659, related to appropriations for administration.

Section 41, act June 2, 1920, ch. 219, § 11, as added July 6, 1943, ch. 190, § 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, § 2, 68 Stat. 659; Aug. 1, 1956, ch. 852, § 16, 70 Stat. 910; June 25, 1959, Pub. L. 86-70, § 24, 73 Stat. 147; July 12, 1960, Pub.L. 86-624, § 20, 74 Stat. 416; Nov. 8, 1965, Pub.L. 89-333, §§ 6(a), 9, 10(a), 11, 12(b) (1), (c), (d), 13, 79 Stat. 1291-1294; Oct. 3, 1967, Pub.L. 90-99, § 7, 81 Stat. 253; July 7, 1968, Pub.L. 90-391, § 10, 82 Stat. 301, related to definitions.

Section 41a, act June 2, 1920, ch. 219, § 12, as added Nov. 8, 1965, Pub. L. 89-333, § 3, 79 Stat. 1284, and amended July 7, 1968, Pub.L. 90-391, § 11, 82 Stat. 303; Dec. 31, 1970, Pub. L. 91-610, § 3, 84 Stat. 1817, related to grants for construction and staffing of rehabilitation facilities, providing in: subsec. (a) for authorization to make grants; subsec. (b) for project requirements, assurances, plans and specifications, and labor standards; subsec. (c) for percentage shares; subsec. (d) for reservation of grant funds, payment, and additional payments; subsec. (e) for recovery of Federal share upon cessation of public or non-profit character of rehabilitation facilities; subsec. (f) for grants for staffing facilities with professional or technical personnel and limitation on Federal share; subsec. (g) for planning grants; subsec. (h) for adjustments for overpayments or underpayments; subsec. (i) for authorization of appropriations; and subsec. (j) for definitions of "construction", "cost" of construction, and what a project for construction of a rehabilitation facility which is primarily a workshop, may include.

Section 41b, act June 2, 1920, ch. 219 § 13, as added Nov. 8, 1965, Pub. L. 89-333, § 3, 79 Stat. 1286, and amended July 7, 1968, Pub. L. 90-391, § 12, 82 Stat. 303; Dec. 31, 1970, Pub.L. 91-610, § 4, 84 Stat. 1817, related to rehabilitation facility improvement, providing in: subsec. (a) for grants for projects for training services, authorization, definition of training services, allowances, and payments; subsec. (b) for rehabilitation facility improvement grants; authorization, improvement of service capability, and payments; subsec. (c) for technical assistance to rehabilitation facilities, and compensation of experts and consultants; subsec. (d) for National Policy and Performance Council, its establishment, membership, function, and compensation of members; subsec. (e) for labor standards; and subsec. (f) for authorization of appropriations.

Section 41c, act June 2, 1920, ch. 219, § 14, as added Nov. 8, 1965, Pub. L. 89-333, $ 3, 79 Stat. 1288, related to waiver in the case of locally financed activity of requirement that plan be statewide.

Such former provisions are now covered by various sections as follows: Former sections

Present sections 31(a)

701 (1), 720(a) 31(b) (1), (2)

720(b) (1), (2) 31(b) (3) (A)

761(a), 774(a) 31(b) (3) (B)

720(b) (2) 31(b) (3) (C), (D)

774(a) (1) 31(b) (4)

See 720(b), 761(a), 774(a) 32(a)

730(a) 32(b)

731(a) 32(c)

724 33(a) (1)

740 (a) (1) 33(a) (2)

741 (a) 33(b)

741(b) 33 (c)

709 33(d)

740 (b) 34(a)

762 (a), (b), 763, 774(b),

776(h) 34(a) (1)

762(a), (b) 34 (a) (2) (A)

741 (a), (b) 34(a) (2) (B)

774 (d) 34(a) (2) (C)

763 (b), 774(b) 34 (a) (2) (D)

723(a) (7) 34(b)

741 (C) 34(c)

Repealed 35 (a)

721(a) 35(a), (1), (2)

721(a) (1), (2) 35(a) (3)

721 (a) (3), (4) 35(a) (4)

721 (a) (5) (A) (1) 35(a) (5), (6)

721(a) (5), (6) 35(a) (7)

723 (a) (1), (2) 35(a), (8), (9)

721(a) (10), (11) 35(a) (10)

721(a) (11), (12) 35(a) (11)

721(a) (13) (A) 35(a) (12), (13)

721 (a) (14), (15) 35(a) (14)

721(a) (17) 35(b)-(d)

721(b)-(d) 36

731(b) 37 (a), (b)

780 (a), (b) 37(c) (1)

780(C) 37(c) (2)

785 (a) (5) 37(d)

See 780(d) 37(e)

783 38

See 791, 791(f) (1) 39

784 40

780(d) 41 (a) (1)

706 (14), 723(a) (1) 41(a) (1) (A)-(C)

723(a)(1)-(3) 41(a) (1) (D), (E)

723(a) (6), (7) 41(a) (2)

723(b) 41(a) (2) (A)(1)-(iv)

723(a) (4) (A)-(D) 41(a) (2) (B)

723(a) (5) 41 (a) (2) (C)

723(a) (9) 41(a) (2) (D), (E)

723(b) (1), (2) 41(a) (2) (F)

723(a) (10) 41(a) (2) (G)

723(a) 41(a) (2) (H)

723(a) (3) 41(b)

706 (4) (G), (6) 41(c)

706 (10) 41(d)

See 706(L) 41(e)

706(8) 41(f)

706 (3) 41(g)

706 (13) 41(h)

707(a) 41(1)

706 (5) 41(1)

707(b) 41(k)

706 (11) 41(1)

706(1) 41a(a)

771(b) (1) 41a(b)

771(b) (2), 776 41a(b) (1) (A)-(C)

776(b) (1) (A)-(C) 41a (b) (2)

776(b) (4) 41a(b) (3)

See 780 (b) 41a(b) (4)

776(b) (5) 41a(c)

771 (b) (3) 41a(d), (e)

776 (c), (d) 418 (f), (g)

771 (c), (d) 41a (h)

776(e)

former sections

new sections 41a(i)

771(a) 41a(j) (1), (2)

706 (1) 41a(1) (3)

776 (f) 41b(a)(1)-(3)

772(b)(1)-(3) 41b(a) (4)

776(e) 41b (1), (2)

772(C) (1), (2) 41b(b) (3)

776(e) 41b(c)

774(e) 41b(d) (1)-(4)

Repealed 41b(e)

776(b)(4) 41b(f)

772(a), 774 41c

721(a) (4) EFFECTIVE DATE OF REPEAL Sections repealed effective 90 days after Sept. 26, 1973, see section 790(a) of this title. SS 42–1 to 42b. Repealed. Pub. L. 93–112, title V, $ 500(a),

Sept. 26, 1973, 87 Stat. 390. Section 42-1, act June 2, 1920, ch. 219, § 15, as added July 7, 1968, Pub. L. 90-391, $ 13, 82 Stat. 304, and amended Dec. 31, 1970, Pub. L. 91-610, § 5, 84 Stat. 1817, related to vocational evaluation and work adjustment program, providing in: subsec. (a) for computation of allotments, authorization of appropriations, Federal payments, restriction on payments, evaluation and work adjustment services, and disadvantaged individuals; subsec. (b) for restriction on payments; subsec. (c) for State plans and requirements for approval; subsec. (d) for withholding of payments and judicial review; and subsec. (e) for payments to States adjustments, advances or reinbursement, installments, and conditions.

Section 42a, act June 2, 1920, ch. 219, § 16, formerly $ 17, as added Oct. 3, 1967, Pub. L. 90-99, 84, 81 Stat. 251, renumbered July 7, 1968, Pub. L. 90–391, $ 13, 82 Stat. 304, related to National Center for Deaf-Blind Youths and Adults, providing in subsec. (a) for statement of purpose, agreement for establishment and operation of the National Center, and its designation; subsec. (b) for proposals and preference; subsec. (c) for terms and conditions of agreement; subsec. (d) for recovery of funds for non-user of facilities for contemplated purposes or termination of agreement, and cause for release from obligation; and subsec. (e) for definition of "construction” for determination pursuant to regulations of the Secretary of who are both deaf and blind.

Section 42b, act June 2, 1920, ch. 219, $ 17, formerly $ 18, as added Oct. 3, 1967, Pub. L. 90-99, $ 5, 81 Stat. 252, renumbered July 7, 1968, Pub. L. 90-391, $ 13, 82 Stat. 304, related to grants for services for migratory agricultural workers, authorization, payments, and other related provisions.

Such former provisions are now covered by various sections as follows: Former sections

Present sections 42-1(a) (1)

See 730(a), 740(a) 42–1(a) (2)

720(b) (1) 42-1(a) (3)

Repealed 42–1(a) (4) (A)-(F)

706 (4) (A)-(F) 42-1(a), last sentence

Repealed 42-1(b)

709 42-1(c)

See 721 (a) 42-1(c) (1)

721(a) (1) 42-1(C)(2)

721(a) (3) 42-1(c)(3)

721 (a) (5) (A) 42-1(c), (4), (5)

721(a) (6), (7) 42–1(c)(6)

Repealed 42-1(c) (7)

721(a) (10) 42-1(c) (8)

See 721 (a) (11) 42-1(d)

See 721 (c), (d) 42-1(e)

See 776(e) 42a (a), (b)

775 (b), (c) 42a(c)(1)-(3)

776(b) (2), (3), (5) 42a(c) (4)

Repealed 42a(d)

776(d) 42a(e) (1)

706(1) 42a (e) (2)

See 723(a) (6) 42b

774(c) EFFECTIVE DATE OF REPEAL Sections repealed effective 90 days after Sept. 26, 1973, see section 790(a) of this title.

amended Dec. 24, 1973, Pub. L. 93–198, title II, § 204 (c), 87 Stat. 783.)

Chapter 40.- FEDERAL EMPLOYMENT SERVICE $ 19. United States Employment Service; bureau es

tablished; transfer of records, employees, etc.,

of existing employment service. ADMINISTRATION OF MANPOWER IN DISTRICT OF COLUMBIA

Pub. L. 93–198, title II, § 204(a), Dec. 24, 1973, 87 Stat. 783, provided that: "All functions of the Secretary of Labor (hereafter in this section referred to as the Secretary) under section 3 of the Act entitled 'An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes', approved June 6, 1933 (29 U.S.C. 49–49k), with respect to the maintenance of a public employment service for the District [of Columbia), are transferred (effective July 1, 1974] to the Commissioner (of the District of Columbia established under Reorg. Plan No. 3 of 1967). After the effective date of this transfer (July 1, 1974), the Secretary shall maintain with the District the same relationship with respect to a public employment service in the District, including the financing of such service, as he has with the States (with respect to a public employment service in the States) generally."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 816, 954, 981 of this title.

SECTION REFERRED TO IN D.C. CODE This section is referred to in sections 36–701, 46-313 of the District of Columbia Code.

REFERENCES IN TEXT Section 338 of title 39, referred to in the text, was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, and is now covered by section 3202 of Title 39, Postal S vice.

AMENDMENTS 1973–Subsec. (a). Pub. L. 93–198 eliminated the function of maintaining a public employment service for the District of Columbia from the functions of the bureau.

Subsec. (b). Pub. L. 93-198 included District of Columbia in the definition of "State" or "States".

EFFECTIVE DATE OF 1973 AMENDMENT Section 771(b) of Pub. L. 93–198 provided in part that title II of Pub. L. 93–198 (which amended this section and section 50 of this title, and enacted provisions set out as notes under section 49 of this title and section 8101 of Title 5, Government Organization and Employees), shall take effect on July 1, 1974. ADMINISTRATION OF MANPOWER IN DISTRICT OF COLUMBIA

Functions of the Secretary of Labor with respect to the maintenance of a public employment service for the District of Columbia are transferred to the Commission of the District of Columbia, see section 204(a) of Pub. L. 93– 198, set out as a note under section 49 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 816, 954, 981 of this title.

SECTION REFERRED TO IN D.C. CODE This section is referred to in sections 36–701, 46–313 of the District of Columbia Code.

$ 49a. Officers and employees; veterans' preferences.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 816, 954, 981 of this title.

SECTION REFERRED TO IN D.C. CODE This section is referred to in sections 36–701, 46–313 of the District of Columbia Code.

$ 49c. Acceptance by States; creation of State agencies.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 816, 954, 981 of this title.

SECTION REFERRED TO IN D.C. CODE This section is referred to in sections 36–701, 46-313 of the District of Columbia Code.

8 49d. Appropriations; certification for payment to States.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 816, 954, 981 of this title.

SECTION REFERRED TO IN D.C. CODE This section is referred to in sections 36-701, 46–313 of the District of Columbia Code.

SS 49g, 49h.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in sections 816, 954, 981 of this title,

$ 49b. Employment offices; development of national

system; veterans' service; “State" defined. (a) It shall be the province and duty of the bureau to promote and develop a national system of employment offices for men, women, and juniors who are legally qualified to engage in gainful occupations, including employment counseling and placement services for handicapped persons, to maintain a veterans' service to be devoted to securing employment for veterans, to maintain a farm placement service, and, in the manner provided in sections 49c, 49d, 49g, 49h, 493, and 49k of this title and section 338 of Title 39, to assist in establishing and maintaining systems of public employment offices in the several States and the political subdivisions thereof in which there shall be located a veterans' employment service. The bureau shall also assist in coordinating the public employment offices throughout the country and in increasing their usefulness by developing and prescribing minimum standards of efficiency, assisting them in meeting problems peculiar to their localities, promoting uniformity in their administrative and statistical procedure, furnishing and publishing information as to opportunities for employment and other information of value in the operation of the system, and maintaining a system for clearing labor between the several States.

(b) Whenever in sections 49 to 49c, 49, 49g, 49h, 49j, and 49k of this title and section 338 of Title 39 the word "State" or "States" is used, it shall be understood to include Puerto Rico, Guam, the District of Columbia, and the Virgin Islands. (As

SECTIONS REFERRED TO IN D.C. CODE These sections are referred to in sections 36-701, 46-313 of the District of Columbia Code.

8 49j. Federal Advisory Council; establishment and

composition; State Advisory Councils; notice of

strikes and lockouts to applicants. sections 3(a) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

TERMINATION OF ADVISORY COUNCILS Advisory Councils in existence on January 5, 1973, to terminate not later than the expiration of the twoyear period following January 5, 1973, unless, in the case of a Council established by the President or an officer of the Federal Government, such Council is renewed by appropriate action prior to the expiration of such twoyear period, or in the case of a Council established by the Congress, its duration is otherwise provided by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 816, 954, 981 of this title.

SECTION REFERRED TO IN D.C. CODE This section is referred to in sections 36–701, 46-313 of the District of Columbia Code.

$ 49k. Rules and regulations.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 816, 954, 981 of this title.

SECTION REFERRED TO IN D.C. CODE This section is referred to in sections 36–701, 46-313 of the District of Columbia Code.

Chapter 4C.—APPRENTICE LABOR

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 38 section 1701.

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$ 50. Promotion of labor standards of apprenticeship.

The Secretary of Labor is authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Office of Education under the Department of Health, Education, and Welfare in accordance with section 17 of Title 20. For the purposes of this chapter the term “State" shall include the District of Columbia. (As amended Dec. 24, 1973, Pub. L. 93–198, title II, § 204(h), 87 Stat. 784.)

Ex. ORD. No. 11710. NATIONAL COMMISSION FOR

INDUSTRIAL PEACE Ex. Ord. No. 11710, Apr. 4, 1973, 38 F.R. 9071, as amended by Ex. Ord. No. 11729, July 12, 1973, 38 F.R. 18863, provided :

By virtue of the authority vested in me as President of the United States and pursuant to the Economic Stabilization Act of 1970, as amended (set out as a note under section 1904 of Title 12, Banks and Banking), the Federal Advisory Committee Act (set out in Title 5, Appendix, Government Organization and Employees), and section 301 of title 3 of the United States Code, it is hereby ordered as follows:

SECTION 1. There is hereby established a National Commission for Industrial Peace (hereinafter referred to as the Commission).

Sec. 2. The Commission shall consist of a Chairman to be appointed by the President, and such members representing labor, management, and the public at large as the President may, from time to time, appoint.

SEC. 3. (a) The Commission shall explore methods by which labor and management may best reconcile their differences through the collective bargaining process consistent with the public interest in the outcome of negotiations; investigate means by which the Government may be most helpful in achieving this goal; encourage labor and management representatives in particular industries or sectors to develop and implement procedures to facilitate resolution of disputes and constructive bargaining in the public interest; and make recommendations to the President concerning these and related matters.

(b) The Commission shall establish additional labormanagement-public advisory panels with respect to particular sectors of the economy to provide special expertise to the Commission and to develop programs in these particular sectors.

(c) The Commission shall convene at the call of the Chairman or the President or the President's designee.

Sec. 4. The Department of Labor, the Department of Commerce, and the Cost of Living Council, to the extent permitted by law, shall provide support and technical assistance for the Commission. The Cost of Living Council shall perform such other functions with respect to the Commission as may be required by the provisions of the Federal Advisory Committee Act (Public Law 92–463; 86 Stat. 770 (Appendix I of Title 5, Government Organization and Employees]).

SEC. 5. To assist the Commission, the Secretary of Labor, the Secretary of Commerce, the Chairman and the Director of the Cost of Living Council, and the Director of the Federal Mediation and Conciliation Service shall be er officio members available to the Commission for advice and consultation.

Sec. 6. The President's Advisory Committee on LaborManagement Policy is hereby abolished and Executive Order No. 10918 of February 16, 1961, is revoked.

RICHARD NIXON

AMENDMENTS

1973—Pub. L. 93-198 added provision that the term "State" includes the District of Columbia.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–198 effective July 1, 1974, see section 771(b) of Pub. L. 93–198, set out in part as a note under section 49b of this title.

850a. Publication of information; national advisory committees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 1787.

1

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Budget. See Office of Management and Budget note set out under this section in the main volume.

$ 176. National emergencies; appointment of board of

inquiry by President; report; contents; filing with

Service. Ex. ORD. No. 11621. CREATION OF BOARD OF INQUIRY

Ex. Ord. No. 11621, Oct. 4, 1971, 36 F.R. 19435, as amended by Ex. Ord. No. 11622, Oct. 5, 1971, 36 F.R. 19491, provided :

WHEREAS, there exist certain labor disputes between employers (or associations by which such employers are represented in collective bargaining conferences) who are (1) steamship companies operating ships or employed as agents for ships engaged in service from or to Atlantic, Pacific, Great Lakes, and Gulf Coast ports of the United States, or from or to other ports of the United States or its territories or possessions, (2) contracting stevedores, (3) contracting marine carpenters, (4) lighterage operators, or (5) other employers engaged in related or assoclated pier activities, and certain of their employees represented by the International Longshoremen's Association, AFL-CIO; the International Association of Machinists and Aerospace Workers, AFL-CIO and District Lodge 94 and Local Lodge 1484 thereof; and the International Longshoremen's and Warehousemen's Union; and

WHEREAS, such disputes have resulted in strikes on Pacific, Atlantic, Great Lakes, and Gulf Coast ports of the United States which if permitted to continue will, in my opinion, affect a substantial part of the maritime industry, and industry engaged in trade, commerce, transportation, transmission, or communication among the several States and with foreign nations, and will imperii the national health and safety.

Now, THEREFORE, by virtue of the authority vested in me by Section 206 of the Labor-Management Relations Act, 1947 (61 Stat. 155; 29 U.S.C. 176), I hereby create a Board of Inquiry, consisting of:

J. Keith Mann, Chairman
Paul Hanlon
Jacob Seidenberg

Rolf Valtin as Members, whom I hereby appoint to inquire into the issues involved in such disputes.

The Board shall have powers and duties as set forth in Title II of such Act (section 171 et seq. of this title). The Board shall report to the President in accordance with the provisions of Section 206 of such Act on or before October 6, 1971.

Upon the submission of its report, the Board shall continue in existence to perform such other functions as may be required under such Act.

RICHARD NIXON.

chairman or in compromise, adjustment, settlement, or release of any claim, complaint, grievance, or dispute in the absence of fraud or duress; (3) with respect to the sale or purchase of an article or commodity at the prevailing market price in the regular course of business; (4) with respect to money deducted from the wages of employees in payment of membership dues in a labor organization: Provided, That the employer has received from each employee, on whose account such deductions are made, a written assignment which shall not be irrevocable for a period of more than one year, or beyond the termination date of the applicable collective agreement, whichever occurs sooner; (5) with respect to money or other thing of value paid to a trust fund established by such representative, for the sole and exclusive benefit of the employees of such employer, and their families and dependents (or of such employees, families, and dependents jointly with the employees of other employers making similar payments, and their families and dependents): Provided, That (A) such payments are held in trust for the purpose of paying, either from principal or income or both, for the benefit of employees, their families and dependents, for medical or hospital care, pensions on retirement or death of employees, compensation for injuries or illness resulting from occupational activity or insurance to provide any of the foregoing, or unemployment benefits or life insurance, disability and sickness insurance, or accident insurance; (B) the detailed basis on which such payments are to be made is specified in a written agreement with the employer, and employees and employers are equally represented in the administration of such fund, together with such neutral persons as the representatives of the employers and the representatives of employees may agree upon and in the event the employer and employee group deadlock on the administration of such fund and there are no neutral persons empowered to break such deadlock, such agreement provides that the two groups shall agree on an impartial umpire to decide such dispute, or in event of their failure to agree within a reasonable length of time, an impartial umpire to decide such dispute shall, on petition of either group, be appointed by the district court of the United States for the district where the trust fund has its principal office, and shall also contain provisions for an annual audit of the trust fund, a statement of the results of which shall be available for inspection by interested persons at the principal office of the trust fund and at such other places as may be designated in such written agreement; and (C) such payments as are intended to be used for the purpose of providing pensions or annuities for employees are made to a separate trust which provides that the funds held therein cannot be used for any purpose other than paying such pensions or annuities; (6) with respect to money or other thing of value paid by any employer to a trust fund established by such representative for the purpose of pooled vacation, holiday, severance or similar benefits, or defraying costs of apprenticeship or other training programs: Provided, That the requirements of clause (B) of the proviso to clause (5) of this subsection shall apply to such

SUBCHAPTER IV.—LIABILITIES OF AND RE

STRICTIONS ON LABOR AND MANAGEMENT $ 186. Restrictions on payments and loans to employee

representatives, labor organizations, officers and employees of labor organizations, and to employees or groups or committees of employees; exceptions; penalties; jurisdiction; effective date; exception of certain trust funds.

(c) The provisions of this section shall not be applicable (1) in respect to any money or other thing of value payable by an employer to any of his employees whose established duties include acting openly for such employer in matters of labor relations or personnel administration or to any representative of his employees, or to any officer or employee of a labor organization, who is also an employee or former employee of such employer, as compensation for, or by reason of, his service as an employee of such employer; (2) with respect to the payment or delivery of any money or other thing of value in satisfaction of a judgment of any court or a decision or award of an arbitrator or impartial

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