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paid to it or the moneys herein required to be appropriated by such State, in accordance with plans approved under this Act. Before any such certificate shall be revoked or withheld from any State, the Secretary shall give notice in writing to the State agency stating specifically wherein the State has failed to comply with such plans.

FEDERAL ADVISORY COUNCIL; STATE ADVISORY COUNCILS; NOTICE OF STRIKES

AND LOCKOUTS TO APPLICANTS

Sec. 11.54 (a) The Secretary of Labor shall establish a Federal Advisory Council composed of men and women representing employers and employees in equal numbers and the public for the purpose of formulating policies and discussing problems relating to employment and insuring impartiality, neutrality, and freedom from political influence in the solution of such problems. Members of such council shall be selected from time to time in such manner as the Secretary shall prescribe and shall serve without compensation, but when attending meetings of the council they shall be allowed necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law for civilian employees in the executive branch of the Government. The council shall have access, to all files and records of the United States Employment Service. The Secretary shall also require the organization of similar State advisory councils composed of men and women representing employers and employees in equal numbers and the public.65

(b) In carrying out the provisions of this Act, the Secretary is authorized and directed to provide for the giving of notice of strikes or lock-outs to applicants before they are referred to employment.

RULES AND REGULATIONS

SEC. 12. The Secretary of Labor is authorized to make such rules and regulations as may be necessary to carry out the provisions of this Act.

MAIL FRANKING PRIVILEGES TO EMPLOYMENT SYSTEMS SEC. 13. The Postmaster General is hereby authorized and directed to extend to the United States Employment Service and to the system of employment offices operated by it in conformity with the provisions of this Act, and to all State employment systems which receive funds appropriated under authority of this Act, the privilege of free transmission of official mail matter.56

64 $ec. 10, containing authority to expend funds in States with inadequate State systems, has been omitted because the temporary period during which such authority was given has ended.

Sec. 11 (a), amended by sec. 3 of the President's Reorganization Plan No. 2 of 1949 (see p. 413) conferred on the Federal Advisory Council the responsibility for advising the Secretary of Labor and the Director of the Bureau of Employment Security with respect to both unemployment insurance and employment service problems.6

56 In the Federal Security Agency Appropriation Act, 1950 (title II of the Labor-Federal Security Appropriation Act, 1950, approved June 29, 1949), under the heading “Social Security Administration, Grants to States for unemployment compensation and employment service administration," the following paragraph appears :

"In carrying out the provisions of said Act of June 6, 1933, the provisions of section 303 (a) (1) of the Social Security Act, as amended, relating to the establishment and maintenance of personnel standards on a merit basis, shall apply.”

TEMPORARY UNEMPLOYMENT COMPENSATION ACT OF 1958 (72 STAT. 171) 57

Page Sec. 101. Payment of Compensation.

486 (a) Eligibility

486 (b) Maximum Aggregate Amount Payable.

487 (c) Weekly Benefit Amount..

487 (d) Application of State Laws.

487 Sec. 102. Agreements With States.

487 (a) In General.

487 (b) State May Select Date For Exhaustions Under State Law.. 488 (c) Amendment, Suspension, or Termination of Agreement... 488 (d) No Denial or Reduction of State Benefits..

488 Sec. 103. Veterans and Federal Employees.

488 (a) In States Which Do Not Have Agreements.

488 (b) In Puerto Rico and the Virgin Islands.

489 (c) Review.

489 Sec. 104. Repayment

489 Sec. 201. Definitions.

490 Sec. 202. Review

490 Sec. 203. Penalties..

490 (a) False Statements..

490 (b) Recovery of Overpayments.

490 Sec. 204. Information..

491 Sec. 205. Payments to States.

491 (a) Payment on Calendar Month Fasis.

491 (b) Certification -

491 (c) Money to be Used Only For Purposes For Which Paid. 491 (d) Surety Bonds..

492 (e) Liability of Certifying Officers.

492 (f) Liability of Disbursing Officers.

492 Sec. 206. Denial of Benefits to Aliens Employed by Communist Governments or Organizations..

492 Sec. 207. Regulations..

492 Sec. 208. Authorization of Appropriations

492

TITLE I-INDIVIDUALS WHO HAVE EXHAUSTED

THEIR RIGHTS

Payment of Compensation

Eligibility Sec. 101. (a) (1) Payment of temporary unemployment compensation under this Act shall be made, for any week of unemployment which begins on or after the fifteenth day after the date of the enactment of this Act and before April 1, 1959, to individuals who have, after June 30, 1957 (or after such later date as may be specified pursuant to section 102 (b)), exhausted (within the meaning prescribed by the Secretary by regulations) all rights under the unemployment compensation laws referred to in paragraph (3) and who have no rights to unemployment compensation with respect to such week under any such law or under any other Federal or State unemployment compensation law.

(2) Except as provided in section 103, payment of temporary unemployment compensation under this Act shall be made only pursuant to an agreement entered into under section 102 and only for

57 This Act was compiled by the United States Department of Labor. P. L. 85–441, approved June 4, 1958.

It was enacted by

weeks of unemployment beginning after the date on which the agreement is entered into.

(3) The unemployment compensation laws referred to in this paragraph are:

(A) Any unemployment compensation law of a State.

(B) Title XV of the Social Security Act, as amended (42 U.S. C. 1361 et seq.).

(C) Title IV of the Veterans' Readjustment Assistance Act of 1952, as amended (38 U. S. C. 991 et seq.).58

Maximum Aggregate Amount Payable (b) The maximum aggregate amount of temporary unemployment compensation payable to any individual under this Act shall be an amount equal to 50 per centum of the total amount (including allowances for dependents, but excluding any temporary additional unemployment benefits) which was payable to him, under the unemployment compensation law or laws referred to in subsection (a) (3) under which he last exhausted his rights before making his first claim under this Act, for the benefit year with respect to which this last exhaustion occurred: Provided, however, That the amount so payable shall be reduced by the amount of any temporary additional unemployment compensation payable to him under the unemployment compensation law of

any State. The term “benefit year” means the benefit year as defined in the applicable State unemployment compensation law; except that, if such law does not define a benefit year, then such term means the period prescribed by the Secretary.

Weekly Benefit Amount

(c) The temporary unemployment compensation payable to an individual under this Act for a week of total unemployment shall be the weekly benefit amount (including allowances for dependents) for total unemployment which was payable to him pursuant to the unemployment compensation law or laws referred to in subsection (a) (3) under which he most recently exhausted his rights. The temporary unemployment compensation payable to an individual under this Act for a week of less than total unemployment shall be computed on the basis of such weekly benefit amount.

Application of State Laws (d) Except where inconsistent with the provisions of this title, the terms and conditions of the unemployment compensation law or laws referred to in subsection (a) (3) under which an individual most recently exhausted his rights shall be applicable to his claims for temporary unemployment compensation under this Act and to the payment thereof.

Agreements With States

In General

SEC. 102. (a) The Secretary is authorized on behalf of the United States to enter into an agreement with a State, or with the agency administering the unemployment compensation law of such State, under which such State agency

58 Now in title 38, United States Code, see p. 435.

(1) will make, as agent of the United States, payments of temporary unemployment compensation to the individuals referred to in section 101 on the basis provided in this Act; and

(2) will otherwise cooperate with the Secretary and with other State agencies in making payments of temporary unemployment compensation under this Act.

State May Select Later Date for Exhaustions Under State Law Which Qualify

Under This Act

(b) If the State so requests, the agreement entered into under this section shall specify, in lieu of June 30, 1957, such later date as the State may request. In any such case, an exhaustion under the unemployment compensation law of such State shall not be taken into account for the purposes of this Act unless it occurred after such later date.

Amendment, Suspension, or Termination of Agreement (c) Each agreement under this Act shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated.

No Denial or Reduction of State Benefits

(d) Any agreement under this Act shall provide that unemployment compensation otherwise payable to any individual under the State's unemployment compensation law will not be denied or reduced for any week by reason of any right to temporary unemployment compensation under this Act. This subsection shall not apply to a State law which temporarily extended the duration of unemployment compensation benefits, if such State law provides for its expiration by reason of the enactment of this Act.

Veterans and Federal Employees

In States Which Do Not Have Agreements, and So Forth

Sec. 103. (a) For the purpose of paying the temporary unemployment compensation provided in this Act to individuals

(1) who have, after June 30, 1957, exhausted their rights to unemployment compensation under title XV of the Social Security Act or title IV of the Veterans' Readjustment Assistance Act of 1952,59 and

(2) in a State, if there is no agreement entered into under section 102 which applies with respect to the weeks of unemployment

concerned, the Secretary is authorized to extend any existing agreement with such State. Any such extension shall apply only to weeks of unemployment beginning after such extension is made. For the purposes of this Act, any such extension shall be treated as an agreement entered into under this Act.

59 Now in title 38, United States Code, see p. 435.

In Puerto Rico and the Virgin Islands (b) For the purpose of paying the temporary unemployment compensation provided in this Act to individuals

(1) who have, after June 30, 1957, exhausted their rights to unemployment compensation under title XV of the Social Security Act or title IV of the Veterans' Readjustment Assistance Act of 1952,60 and

(2) in Puerto Rico or the Virgin Islands, the Secretary is authorized to utilize the personnel and facilities of the agencies in Puerto Rico and the Virgin Islands cooperating with the United States Employment Service under the Act of June 6, 1933 (29 U.S. C. 49 et seq.), and may delegate to officials of such agencies any authority granted to him by this Act whenever the Secretary determines such delegation to be necessary in carrying out the purposes of this Act; and may allocate or transfer funds or otherwise pay or reimburse such agencies for the total cost of the temporary unemployment compensation paid under this Act and for expenses incurred in carrying out the purposes of this Act.

Review (c) Any individual referred to in subsection (b) whose claim for temporary unemployment compensation under this Act has been denied shall be entitled to a fair hearing and review as provided in section 1503 (c) of the Social Security Act (42 U. S. C. 1363 (c)).

Repayment Sec. 104.61 The total credits allowed under section 3302 (c) of the Federal Unemployment Tax Act (26 U. S. C. 3302 (c)) to taxpayers with respect to wages attributable to a State for the taxable year beginning on January 1, 1963, and for each taxable year thereafter, shall be reduced in the same manner as that provided by section 3302'(c) (2) of the Federal Unemployment Tax Act for the repayment of advances made under title XII of the Social Security Act, as amended (42 U.S. C. 1321 et seq.), unless or until the Secretary of the Treasury finds that before November 10 62 of the taxable year there have been restored to the Treasury the amounts of temporary unemployment compensation paid in the State under this Act (except amounts paid to individuals who exhausted their unemployment compensation under title XV of the Social Security Act and title IV of the

60 See footnote 59, p. 488.

01 P. L. 86–778, sec. 524 (b), amended sec. 104 by striking out the heading "In General,” by striking out the subsection designation “(a),” and by striking out subsection (b) in its entirety, effective with respect to remuneration paid after 1961 for services performed after 1961. Sec. 104 (b) read as follows:

“Repayments in Excess of Amount Owed “(b) Whenever the amount of additional tax paid, received, and covered into the Treasury under subsection (a) with respect to wages which are attributable to a State exceeds the sum of the amounts described in subsection (a), there is hereby appropriated to the Unemployment Trust Fund for crediting to the account of such State an amount equal to such excess. The amount so credited shall be used only in the payment of cash benefits to individuals with respect to their unemployment,

exclusive of expenses of administration." 62 P. L. 86–778, sec. 524 (b), amended sec. 104 by striking out the words “by December 1" and inserting in lieu thereof "before November 10.” See footnote 48 for effective date.

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