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84 STAT. 703

Post, p. 704.

49 Stat. 626; 74 Stat. 982. 42 USC 501.

49 Stat. 626; 68 Stat. 673.

42 USC 503.

64 Stat. 560; 52 Stat. 1112.

72 Stat. 941; 80 Stat. 1323.

62 Stat. 928.

49 Stat. 626. 42 USC 502.

respect to the 12-month period ending on such October 31, there has been a substantial failure to comply with any one or more of such conditions. For purposes of section 3310, a finding of the Secretary of Labor under this subsection shall be treated as a finding under section 3304 (c)."

PART C-JUDICIAL REVIEW

SEC. 131. (a) Title III of the Social Security Act is amended by adding at the end thereof the following new section:

"JUDICIAL REVIEW

"SEC. 304. (a) Whenever the Secretary of Labor

"(1) finds that a State law does not include any provision specified in section 303 (a), or

"(2) makes a finding with respect to a State under subsection (b) or (c) of section 303,

such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28, United States Code.

"(b) The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

"(c) The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code.

"(d)(1) The Secretary of Labor shall not withhold any certification for payment to any State under section 302 until the expiration of 60 days after the Governor of the State has been notified of the action referred to in paragraph (1) or (2) of subsection (a) or until the State has filed a petition for review of such action, whichever is earlier.

"(2) The commencement of judicial proceedings under this section shall stay the Secretary's action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary's action and including such other relief as may be necessary to preserve status or rights.

"(e) Any judicial proceedings under this section shall be entitled to, and, upon request of the Secretary or the State, shall receive a preference and shall be heard and determined as expeditiously as possible."

(b) (1) Chapter 23 of the Internal Revenue Code of 1954 is amended by inserting after section 3309 (added by section 104 (b) (1) of this Act) the following new section :

"SEC. 3310. JUDICIAL REVIEW.

"(a) IN GENERAL.-Whenever under section 3303(b) or section 3304 (c) the Secretary of Labor makes a finding pursuant to which he is required to withhold a certification with respect to a State under such section, such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28 of the United States Code.

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"(b) FINDINGS OF FACT.-The findings of fact by the Secretary of 80 Stat. 1323. Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence, and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

"(c) JURISDICTION OF COURT; REVIEW.-The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code.

"(d) STAY OF SECRETARY OF LABOR'S ACTION.

"(1) The Secretary of Labor shall not withhold any certification under section 3303 (b) or section 3304 (c) until the expiration of 60 days after the Governor of the State has been notified of the action referred to in subsection (a) or until the State has filed a petition for review of such action, whichever is earlier.

"(2) The commencement of judicial proceedings under this section shall stay the Secretary's action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary's action and including such other relief as may be necessary to preserve status or rights. "(e) PREFERENCE.-Any judicial proceedings under this section shall be entitled to, and, upon request of the Secretary or the State, shall receive a preference and shall be heard and determined as expeditiously as possible."

62 Stat. 928.

(2) Section 3304 (c) of the Internal Revenue Code of 1954 is 68A Stat. 444. amended to read as follows:

"(c) CERTIFICATION.-On December 31 of each taxable year the Secretary of Labor shall certify to the Secretary each State whose law he has previously approved, except that he shall not certify any State which, after reasonable notice and opportunity for hearing to the State agency, the Secretary of Labor finds has amended its law so that it no longer contains the provisions specified in subsection (a) or has with respect to the taxable year failed to comply substantially with any such provision in such subsection. No finding of a failure to comply substantially with any provision in paragraph (5) of subsection (a) shall be based on an application or interpretation of State law (1) until all administrative review provided for under the laws of the State has been exhausted, or (2) with respect to which the time for judicial review provided by the laws of the State has not expired, or (3) with respect to which any judicial review is pending."

84 STAT. 705

74 Stat. 970;

75 Stat. 14.

42 USC 11011105.

Appropriation.

Contract authority.

Regulations.

(3) The table of sections for such chapter 23 is amended by adding after the item relating to section 3309 (added by section 104 (b) (2) of this Act) the following:

"Sec. 3310. Judicial review."

PART D-ADMINISTRATION

SEC. 141. RESEARCH PROGRAM, TRAINING GRANTS AND FEDERAL
ADVISORY COUNCIL.

Title IX of the Social Security Act is amended by adding at the end thereof the following new sections:

"UNEMPLOYMENT COMPENSATION RESEARCH PROGRAM

"SEC. 906. (a) The Secretary of Labor shall—

"(1) establish a continuing and comprehensive program of research to evaluate the unemployment compensation system. Such research shall include, but not be limited to, a program of factual studies covering the role of unemployment compensation under varying patterns of unemployment including those in seasonal industries, the relationship between the unemployment compensation and other social insurance programs, the effect of State eligibility and disqualification provisions, the personal characteristics, family situations, employment background and experience of claimants, with the results of such studies to be made public; and

"(2) establish a program of research to develop information (which shall be made public) as to the effect and impact of extending coverage to excluded groups with first attention to agricultural labor.

"(b) To assist in the establishment and provide for the continuation of the comprehensive research program relating to the unemployment compensation system, there are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter, such sums, not to exceed $8,000,000, as may be necessary to carry out the purposes of this section. From the sums authorized to be appropriated by this subsection the Secretary may provide for the conduct of such research through grants or contracts.

"PERSONNEL TRAINING

"SEC. 907. (a) In order to assist in increasing the effectiveness and efficiency of administration of the unemployment compensation program by increasing the number of adequately trained personnel, the Secretary of Labor shall

"(1) provide directly, through State agencies, or through contracts with institutions of higher education or other qualified agencies, organizations, or institutions, programs and courses designed to train individuals to prepare them, or improve their qualifications, for service in the administration of the unemployment compensation program, including claims determinations and adjudication, with such stipends and allowances as may be permitted under regulations of the Secretary;

"(2) develop training materials for and provide technical assistance to the State agencies in the operation of their training

programs;

"(3) under such regulations as he may prescribe, award fellowships and traineeships to persons in the Federal-State employment security agencies, in order to prepare them or improve

84 STAT. 706

their qualifications for service in the administration of the unemployment compensation program.

"(b) The Secretary may, to the extent that he finds such action to Repayment of be necessary, prescribe requirements to assure that any person receiv- costs. ing a fellowship, traineeship, stipend or allowance shall repay the costs thereof to the extent that such person fails to serve in the FederalState employment security program for the period prescribed by the Secretary. The Secretary may relieve any individual of his obligation to so repay, in whole or in part, whenever and to the extent that such repayment would, in his judgment, be inequitable or would be contrary to the purposes of any of the programs established by this

section.

"(c) The Secretary, with the concurrence of the State, may detail Federal and Federal employees to State unemployment compensation administra- State employtion and the Secretary may concur in the detailing of State employees ees, detail. to the United States Department of Labor for temporary periods for training or for purposes of unemployment compensation administration, and the provisions of section 507 of the Elementary and Secondary Education Act of 1965 (79 Stat. 27) or any more general program of interchange enacted by a law amending, supplementing, or replacing section 507 shall apply to any such assignment.

(d) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter such sums, not to exceed $5,000,000, as may be necessary to carry out the purposes of this section.

"FEDERAL ADVISORY COUNCIL

79 Stat. 51;

Ante, p. 142.

20 USC 867.

Appropriation.

"SEC. 908. (a) The Secretary of Labor shall establish a Federal Advisory Council, of not to exceed 16 members including the chairman, Members. for the purpose of reviewing the Federal-State program of unemployment compensation and making recommendations to him for improve

ment of the system.

"(b) The Council shall be appointed by the Secretary without Appointment. regard to the civil service laws and shall consist of men and women who shall be representatives of employers and employees in equal numbers, and the public.

"(c) The Secretary may make available to the Council an Executive Secretary and secretarial, clerical, and other assistance, and such pertinent data prepared by the Department of Labor, as it may require to carry out its functions.

"(d) Members of the Council shall, while serving on business of Compensation. the Council, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu

of subsistence, as authorized by 5 U.S.C. 5703(b) for persons in gov- 80 Stat. 499; ernment service employed intermittently.

"(e) The Secretary shall encourage the organization of similar

State advisory councils.

83 Stat. 190.

"(f) There are hereby authorized to be appropriated for the fiscal Appropriation. year ending June 30, 1971, and for each fiscal year thereafter such sums, not to exceed $100,000, as may be necessary to carry out the purposes of this section."

84 STAT. 707

68A Stat. 439. 26 USC 3302.

Ante, p. 704;

Infra.

SEC. 142. CHANGE IN CERTIFICATION DATE.

(a) Section 3302 (a) (1) of the Internal Revenue Code of 1954 is amended by

(1) striking out "for the taxable year" after "certified"; and (2) inserting before the period at the end thereof the following: "for the 12-month period ending on October 31 of such year (10month period in the case of October 31, 1972)".

(b) Section 3302 (b) of such Code is amended by

(1) striking out "for the taxable year" after "certified";

(2) striking out "(or with respect to any provisions thereof so certified)," and inserting in lieu thereof the following: "for the 12-month period ending on October 31 of such year (10-month period in the case of October 31, 1972), or with respect to any provisions thereof so certified,"; and

(3) striking out "the taxable year" the last place it appears and inserting in lieu thereof "such 12 or 10-month period, as the case may be," (c) Section 3303(b)(1) of such Code is amended to read as follows: "(1) On October 31 of each calendar year, the Secretary of Labor shall certify to the Secretary the law of each State (certified by the Secretary of Labor as provided in section 3304 for the 12-month period ending on such October 31 (10-month period in the case of October 31, 1972)), with respect to which he finds that reduced rates of contributions were allowable with respect to such 12- or 10-month period, as the case may be, only in accordance with the provisions of subsection (a)."

(d) Section 3303(b) (2) of such Code is amended by

(1) striking out "taxable year" where it first appears and inserting in lieu thereof "12-month period ending on October 31 (10-month period in the case of October 31, 1972)";

(2) striking out "on December 31 of such taxable year" following the words "the Secretary of Labor shall" and inserting in lieu thereof "on such October 31"; and

(3) striking out "taxable year" after "contributions were allowable with respect to such" and inserting in lieu thereof "12- or 10-month period, as the case may be,".

(e) Section 3303 (b)(3) of such Code is amended by

(1) striking out "taxable year" where it first appears and inserting in lieu thereof "12-month period ending on October 31 (10-month period in the case of October 31, 1972)";

(2) striking out "taxable year," where it next appears and inserting in lieu thereof "12 or 10-month period, as the case may be,".

(f) Section 3304 (c) of such Code, as amended by section 131(b) (2) of this Act, is further amended to read as follows:

"(c) CERTIFICATION.-On October 31 of each taxable year the Secretary of Labor shall certify to the Secretary each State whose law he has previously approved, except that he shall not certify any State which, after reasonable notice and opportunity for hearing to the State agency, the Secretary of Labor finds has amended its law so that it no longer contains the provisions specified in subsection (a) or has with respect to the 12-month period ending on such October 31 failed to comply substantially with any such provision in such subsection. No finding of a failure to comply substantially with any provision in paragraph (5) of subsection (a) shall be based on an application or interpretation of State law (1) until all administrative review provided for under the laws of the State has been exhausted, or (2) with respect to which the time for judicial review provided by the laws of the State has not expired, or (3) with respect to which any judicial review is pending. On October 31 of any taxable year after 1971, the

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