March 29, 1961 [S. 307] County, Calif. control. Public Law 87-9 AN ACT To authorize certain beach erosion control of the shore in San Diego County, California. Be it enacted by the Senate and House of Representatives of the San Diego United States of America in Congress assembled, That the project Beach erosion for beach erosion control at Oceanside, San Diego County, California, is hereby authorized, in lieu of the existing Federal beach erosion control project, substantially in accordance with the recommendations of the Chief of Engineers in his report contained in House Document Numbered 456, Eighty-sixth Congress, at an estimated cost of $1,498,000. Secretary of the Army. SEC. 2. The Secretary of the Army is hereby authorized to reimburse Reimbursement local interests for such work done by them on the beach erosion project of local interests. authorized in section 1, subsequent to the initiation of the authorized study which forms the basis for the project: Provided, That the work which may have been done on this project is approved by the Chief of Engineers as being in accordance with the project hereby adopted: Provided further, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improvements. Appropriation. March 29, 1961 [S. 1028] Nematocide, Defoliant, and Plant Regulator, Desiccant Amendment of 1959. amendment. 7 USC 135 note. 68 Stat. 511. SEC. 3. There is hereby authorized to be appropriated such sums as may Public Law 87-10 AN ACT To amend the transitional provisions of the Act approved August 7, 1959, entitled "Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (a) of section 3 of the Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959 (Public Law 86-139, 73 Stat. 286, 287) is amended by deleting the comma and the word "or" appearing at the end of clause (1) and adding at the end of such clause a colon and the following: "Provided, That with respect to any nematocide, plant regulator, defoliant, or desiccant whose use results in residue remaining in or on a food at the time of introduction into interstate commerce and which use had commercial application prior to January 1, 1958, the Secretary may prescribe a date beyond March 5, 1961, on the basis of a determination that such action will not be unduly detrimental to the public interest and is necessary to avoid hardships: Provided further, That such date shall not be extended beyond (i) the date on which an order with respect to the use of such product under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) becomes effective or (ii) the date on which any extension granted under paragraph (b) of this section is terminated, or". Approved March 29, 1961. Public Law 87-11 JOINT RESOLUTION To provide for the reappointment of Doctor Jerome C. Hunsaker as Citizen Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the vacancy in the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor Jerome C. Hunsaker, of Cambridge, Massachusetts, on June 3, 1961, be filled by the reappointment of the present incumbent for the statutory term of six years. Approved March 29, 1961. Public Law 87-12 AN ACT To extend the time in which the Outdoor Recreation Resources Review Commission shall submit its final report. March 29, 1961 [H. J. Res. 176] Smithsonian Institution. March 29, 1961 [S. 449] Outdoor Recreation Resources Re Final report. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 6(c) of the Act entitled "An Act for the establish- view Commission. ment of a National Outdoor Recreation Resources Review Commission to study the outdoor recreation resources of the public lands and other land and water areas of the United States, and for other purposes," approved June 28, 1958 (72 Stat. 238), is amended to read as follows: "The Commission shall present not later than January 31, 1962, a report of its review, a compilation of its data, and its recommendations on a State by State, region by region, and national basis to the President and to the Congress, and shall cease to exist not later than September 1, 1962." Approved March 29, 1961. Public Law 87-13 AN ACT To authorize the sale, without regard to the six-month waiting period prescribed, of certain calcines and matte proposed to be disposed of pursuant to the Strategic and Critical Materials Stock Piling Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of General Services is hereby authorized to dispose of, by negotiated sale or otherwise, approximately three thousand four hundred and thirty-one short tons of nickel-cobalt-copper calcines and approximately eighty-seven tons of nickel-cobalt-copper matte now held in the national stockpile. Such disposition may be made without regard to the provisions of section 3 of the Strategic and Critical Materials Stock Piling Act, relating to dispositions on the basis of a revised determination pursuant to section 2 of said Act, to the effect that no such disposition shall be made until six months after publication in the Federal Register and transmission to the Congress and to the Armed Services Committees thereof of a notice of the proposed disposition. Approved March 29, 1961. 16 USC 17k note. March 29, 1961 [S. 1116] Calcines and matte. Disposal, 50 USC 98b. Publication 68 Stat. 1130. 42 USC 13611371. extended unemployment compensation paid to such individual with respect to prior weeks in the compensation period, would exceed 39 times such individual's weekly benefit amount for such compensation period. Definitions (c) For purposes of this section— (1) The term "first compensation period" means— (A) in the case of any individual whose first claim under this Act is for a week of unemployment before his first reimbursement week, the compensation period in which he last exhausted his rights to State unemployment compensation before making such first claim, or (B) in the case of any other individual, the compensation period in which his first reimbursement week occurs. (2) In the case of any individual, the term "first reimbursement week" means the first week with respect to which any State is entitled to reimbursement under section 4 (or would be entitled to such reimbursement but for the fact that the compensation was paid under title XV). (3) An individual's weekly benefit amount for any compensation period is the weekly benefit amount (including allowances for dependents) for total unemployment which was payable to him in such compensation period pursuant to the State law or title XV. COVERED PERIOD SEC. 6. In the case of any individual, the covered period referred to in sections 3 and 4 is the period (1) beginning on whichever of the following is the later: (A) the 15th day after the date on which this Act is enacted, or (B) the day after the date on which any applicable agreement is entered into under section 7 or 8, and (2) ending (A) on March 31, 1962, or (B) on June 30, 1962, in the case of an individual who (for a week beginning before April 1, 1962) had a week with respect to which temporary extended unemployment compensation was payable under section 3, reimbursement was payable under section 4, or reimbursement would have been so payable but for the fact that the unemployment compensation was payable under title XV. AGREEMENTS WITH STATES In General SEC. 7. (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 State law, which shall include the provisions described in paragraphs (1) and (2) or in either of them: (1) Such State agency will make, as agent of the United States, payments of temporary extended unemployment compensation to the individuals referred to in section 3 on the basis provided in this Act, and will otherwise cooperate with the Secretary and with other State agencies in making payments of temporary extended unemployment compensation under this Act. (2) The United States will reimburse the State for State unemployment compensation paid under the conditions specified in section 4. Except as provided in section 8, temporary extended unemployment compensation shall be paid, and reimbursement under section 4 shall be made, only pursuant to an agreement entered into under this section. Amendment, Suspension, or Termination of Agreement (b) 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 (c) Any agreement under this Act shall provide that regular unemployment compensation otherwise payable to any individual will not be denied or reduced for any week by reason of any right to temporary extended unemployment compensation under this Act. Review (d) Any determination by a State agency with respect to entitlement to temporary extended unemployment compensation pursuant to an agreement under this Act shall be subject to review in the same manner and to the same extent as determinations under the State law, and only in such manner and to such extent. Compensation To Be Reduced by Certain Retirement Pensions and Annuities (e) (1) Any agreement under this Act shall provide that temporary extended unemployment compensation payable to an individual with respect to a week shall be reduced, under regulations prescribed by the Secretary, by any amount received with respect to such week as a retirement pension or annuity under a public or private retirement plan or system provided, or contributed to, by any base period employer. An amount received with respect to a period other than a week shall be prorated by weeks. No reduction shall be made under this paragraph for (A) any retirement pension or annuity received by reason of disability, or (B) any amount received under title II of the Social Security Act. (2) For purposes of this subsection, the term "base period employer" means, in the case of any individual, any person who paid such individual any remuneration for employment which was taken into account in computing the amount or duration of any State unemployment compensation which was payable to such individual at any time during the compensation period. (3) For purposes of section 3 (c), so much of any State law as provides a disqualification for, or a reduction in, State unemployment compensation for amounts received as retirement pensions or annuities (or for amounts received under title II of the Social Security Act) shall be deemed to be inconsistent with the provisions of this Act relating to the payment of temporary extended unemployment compensation. 49 Stat. 622. 42 USC 401-425. EX-SERVICEMEN AND FEDERAL EMPLOYEES In States Which Do Not Have Agreements SEC. 8. (a) For the purpose of paying temporary extended unemployment compensation to individuals who have, after June 30, 1960, exhausted their rights to unemployment compensation under title XV in a State with which there is no agreement under section 7 which applies with respect to the weeks of unemployment concerned, the Secretary may 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. In the Virgin Islands (b) For the purpose of paying temporary extended unemployment compensation to individuals who have, after June 30, 1960, exhausted their rights to unemployment compensation under title XV in the Virgin Islands, the Secretary may utilize the personnel and facilities of the agency in the Virgin Islands cooperating with the United States Employment Service under the Act of June 6, 1933 (29 U.S.C. 49 and following), may delegate to officials of such agency 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 agency for the total cost of the temporary extended 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 extended unemployment compensation has been denied shall be entitled to a fair hearing and review as provided in section 1503 (c) of title XV. PENALTIES False Statements, and So Forth SEC. 9. (a) Whoever makes a false statement or representation of a material fact knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase for himself or for any other individual any payment under this Act shall be fined not more than $1,000 or imprisoned for not more than one year, or both. Recovery of Overpayments (b) (1) If a State agency or the Secretary, as the case may be, or a court of competent jurisdiction, finds that any person (A) has made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or has knowingly failed, or caused another to fail, to disclose a material fact, and (B) as a result of such action has received any payment under this Act to which he was not entitled, such person shall be liable to repay such amount to the State agency or the Secretary, as the case may be. In lieu of requiring the repayment of any amount under this paragraph, the State agency or the Secretary, as the case may be, may recover such amount by deductions |