Page:United States Statutes at Large Volume 90 Part 2.djvu/1203

 PUBLIC LAW 94-566—OCT. 20, 1976 tution to which section 3 3 0 9 (a)(1) applies, compensation shall not be payable based on such services for any week commencing during the period between two successive academic years (or, when an agreement provides instead for a similar period between two regular but not successive terms, during such period) to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms, and " ( i i) with respect to services in any other capacity for an educational institution (other than an institution of higher education) to which section 3 3 0 9 (a)(1) applies, compensation payable on the basis of such services may be denied to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms, and". (2) Subsection (d) of section 3309 of such Code is hereby repealed. (3) The section heading of section 3309 of such Code is amended to read as follows: • SEC. 3309. STATE LAW COVERAGE OF SERVICES PERFORMED FOR NONPROFIT ORGANIZATIONS OR GOVERNMENTAL ENTITIES.". (4) The table of sections for chapter 23 of such Code is amended by striking out the item relating to section 3309 and inserting in lieu thereof the following: "Sec. 3309. State law coverage of services performed for nonprofit organizations or governmental entities.". (5) Section 3304 of such Code is amended by adding at the end thereof the following new subsection: "(f)

90 STAT. 2671 26 USC 3309.

Repeal. 26 USC 3309.

26 USC 3304.

DEFINITION OF INSTITUTION OF H I G H E R E D U C A T I O N. — For p u r -

poses of subsection (a)(6), the term 'institution of higher education' means an educational institution in any State which— " (1) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; " (2) is legally authorized within such State to provide a program of education beyond high school; " (3) provides an educational program for it which awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, or offers a program of t r a i n i n g to prepare students for gainful employment in a recognized occupation; and " (4) is a public or other nonprofit institution." (d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to certifications of States for 1978 and subsequent years, but only with respect to services performed after December 31, 1977.

"Institution of higher education. "

26 USC 3304 note.

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