(c) Gas station operators

Gas station operators who lease their stations from oil companies or distributors may have only limited investments in their facilities, and permanency is contemplated in their relationship with the oil companies or distributors. Furthermore, retail outlets are integral to the production, distribution, and sale of oil products and a relatively slight degree of skill is required for this work. Consequently, although the degree of control exercised over gas-station operators may be slight and although they may have considerable opportunities for profit or loss, they might be treated as employees under paragraph (3) of the proposed definition.

APPENDIX B

The following draft, in lieu of paragraph (3) of the definition in the committee print, indicates, in our opinion, a proper approach to extension of the definition of employee beyond the usual common-law rule. This draft would include as employees the bulk of the individuals which the Federal Security Agency has indicated would be covered under the economic-dependency test. The committee could, of course, eliminate from or add to the categories covered by this definition, depending on whether they desire broader or narrower coverage. "(d) The term 'employee' means—

"(3) any individual (other than an individual who is an employee under paragraphs (1) or (2) of this subsection), who performs services for remuneration for any person

(A) as an outside salesman in the manufacturing or wholesale trade; (B) as a full-time life insurance salesman;

(C) as a driver-lessee of a taxicab;

(D) as a home worker on materials or goods which are furnished by the person for whom the services are performed and which are required to be returned to such person or to a person designated by him;

(E) as a contract-logger;

(F) as a lessee or licensee of space within a mine when substantially all of the product of such services is required to be sold or turned over to the lessor or licensor; or

(G) as a house-to-house salesman if under the contract of services or in fact such individual (i) is required to meet a minimum sales quota, or (ii) is expressly or impliedly required to furnish the services with respect to designated or regular customers or customers along a prescribed route, or (iii) is prohibited from furnishing the same or similar services for any other

person

if the contract of service contemplates that substantially all of such services (other than the services described in subparagraph (F)) are to be performed personally by such individual, except that an individual shall not be included in the term 'employee' under the provisions of this paragraph if such individual has a substantial investment (other than the investment by a salesman in facilities for transportation) in the facilities of the trade, occupation, business, or profession with respect to which the services are performed, or if the services are in the nature of a single transaction not part of a continuing relationship with the person for whom the services are performed."

1st Session

No. 1301

CONSIDERATION OF H. R. 3113

August 22, 1949.-Referred to the House Calendar and ordered to be printed

Mr. DELANEY, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 335]

The Committee on Rules, having had under consideration House Resolution 335, report the same to the House with the recommendation that the resolution do pass.

EXTENDING THE INSTITUTE OF INTER-AMERICAN AFFAIRS

AUGUST 22, 1949.-Ordered to be printed

Mr. KEE, from the committee of conference, submitted the following CONFERENCE REPORT

[To accompany S. 1250]

The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 1250) to amend the Institute of Inter-American Affairs Act, approved August 5, 1947, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House to the text of the bill and agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the House amendment insert the following: That the Institute of Inter-American Affairs. created by Public Law 369, Eightieth Congress, shall have

(a) Succession until June 30, 1955; and

(b) Authority, within the limits of funds appropriated or specific contract authorizations hereafter granted to it, to make contracts for periods not to exceed five years and not to extend beyond June 30, 1955, in any case.

SEC. 2. There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums, not to exceed $35,000,000, as may from time to time be necessary to carry on the activities of the Institute during the period ending June 30, 1955, and the appropriations hereby authorized shall be in addition to appropriations pursuant to authorizations granted in Public Law 369, Eightieth Congress. And the House agree to the same.