42 U.S.C. § 1106 — Unemployment compensation research

Page 2528 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1106 PRIOR PROVISIONS A prior section 1105, act Aug. 14, 1935, ch. 531, title IX, § 905, as added Pub. L. 87–6, § 13, Mar. 24, 1961, 75 Stat. 14; amended Pub. L. 88–31, § 2(c), May 29, 1963, 77 Stat. 51, related to Federal extended compensation account, prior to repeal by Pub. L. 91–373, title III, § 305(a), Aug. 10, 1970, 84 Stat. 716. Another prior section 1105, act Aug. 14, 1935, ch. 531, title IX, § 905, 49 Stat. 641, related to administration, re- funds and penalties. For further details, see Prior Law note set out preceding section 1101 of this title. AMENDMENTS 1993—Subsec. (b)(1). Pub. L. 103–152 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month), from the employment security administration account to the extended unemployment compensation account established by subsection (a) of this section, an amount determined by him to be equal to the sum of— ‘‘(A) 100 percent of the transfers to the employment security administration account pursuant to section 1101(b)(2) of this title during such month on account of liabilities referred to in section 1101(b)(1)(B) of this title, plus ‘‘(B) 20 percent of the excess of the transfers to such account pursuant to section 1101(b)(2) of this title during such month on account of amounts referred to in section 1101(b)(1)(A) of this title over the payments during such month from the employment security ad- ministration account pursuant to section 1101(b)(3) and (d) of this title. If for any such month the payments referred to in sub- paragraph (B) exceed the transfers referred to in sub- paragraph (B), proper adjustments shall be made in the amounts subsequently transferred.’’ 1992—Subsec. (b)(1). Pub. L. 102–318, § 531(a)(1), amend- ed par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Except as provided by paragraph (3), the Secretary of the Treasury shall transfer (as of the close of July 1970, and each month thereafter), from the em- ployment security administration account to the ex- tended unemployment compensation account estab- lished by subsection (a) of this section, an amount de- termined by him to be equal, in the case of any month before April 1972, to one-fifth, and in the case of any month after March 1972, to one-tenth, of the amount by which— ‘‘(A) transfers to the employment security adminis- tration account pursuant to section 1101(b)(2) of this title during such month, exceed ‘‘(B) payments during such month from the employ- ment security administration account pursuant to section 1101(b)(3) and (d) of this title. If for any such month the payments referred to in sub- paragraph (B) exceed the transfers referred to in sub- paragraph (A), proper adjustments shall be made in the amounts subsequently transferred.’’ Subsec. (b)(2)(B). Pub. L. 102–318, § 531(a)(2), sub- stituted ‘‘0.5 percent’’ for ‘‘three-eighths of 1 percent’’. 1987—Subsec. (b)(1). Pub. L. 100–203, § 9154(c)(1), struck out at end ‘‘In the case of any month after March 1983 and before April 1 of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemploy- ment Tax Act applies, the first sentence of this para- graph shall be applied by substituting ‘40 percent’ for ‘one-tenth’.’’ Subsec. (b)(2)(B). Pub. L. 100–203, § 9154(b)(2), sub- stituted ‘‘three-eighths’’ for ‘‘one-eighth’’. Subsec. (d). Pub. L. 100–203, § 9155(a), struck out ‘‘(without interest)’’ after ‘‘account, as repayable ad- vances’’ and ‘‘, without interest,’’ after ‘‘shall be re- paid’’ and inserted sentence at end providing that amounts appropriated as repayable advances for pur- poses of this subsection shall bear interest. 1982—Subsec. (b)(1). Pub. L. 97–248, § 271(b)(2)(B), sub- stituted ‘‘1983’’ for ‘‘1977’’, inserted ‘‘1’’ after ‘‘April’’, and substituted ‘‘40 percent’’ for ‘‘five-fourteenths’’ in provisions following subpar. (B). Subsec. (d). Pub. L. 97–248, § 275, inserted provision that repayment shall be made whenever the Secretary of the Treasury determines that the amount then in the account exceeds the amount necessary to meet the anticipated payments from the account during the next 3 months. 1976—Subsec. (b)(1). Pub. L. 94–566 substituted ‘‘In the case of any month after March 1977 and before April of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemployment Tax Act applies, the first sentence of this paragraph shall be applied by sub- stituting ‘five-fourteenths’ for ‘one-tenth’ ’’ for ‘‘In the case of any month after March 1973 and before April 1974, the first sentence of this paragraph shall be ap- plied by substituting ‘thirteen fifty-eighths’ for ‘one- tenth’ ’’. 1972—Subsec. (b)(1). Pub. L. 92–329 inserted provisions for transfers in the case of any month after March 1973 and before April 1974. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 531(a) of Pub. L. 102–318 effec- tive July 3, 1992, except that amendment by section 531(a)(2) of Pub. L. 102–318 applicable to fiscal years be- ginning after Sept. 30, 1993, see section 531(e) of Pub. L. 102–318, set out as a note under section 1102 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by section 9155(a) of Pub. L. 100–203 ap- plicable to advances made on or after Dec. 22, 1987, see section 9155(d) of Pub. L. 100–203, set out as a note under section 1103 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by section 271(b)(2)(B) of Pub. L. 97–248 applicable to remuneration paid after Dec. 31, 1982, see section 271(d)(1) of Pub. L. 97–248, as amended, set out as a note under section 3301 of Title 26, Internal Rev- enue Code. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–566 effective Oct. 20, 1976, see section 211(d)(3) of Pub. L. 94–566, set out as a note under section 1101 of this title. § 1106. Unemployment compensation research program (a) The Secretary of Labor shall— (1) establish a continuing and comprehensive program of research to evaluate the unem- ployment compensation system. Such research shall include, but not be limited to, a program of factual studies covering the role of unem- ployment compensation under varying pat- terns of unemployment including those in sea- sonal industries, the relationship between the unemployment compensation and other social insurance programs, the effect of State eligi- bility and disqualification provisions, the per- sonal characteristics, family situations, em- ployment background and experience of claim- ants, with the results of such studies to be made public; and (2) establish a program of research to de- velop information (which shall be made pub- lic) as to the effect and impact of extending coverage to excluded groups with first atten- tion to agricultural labor. (b) To assist in the establishment and provide for the continuation of the comprehensive re- search program relating to the unemployment compensation system, there are hereby author- Page 2529 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1108 1 See References in Text note below. ized 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 sec- tion. From the sums authorized to be appro- priated by this subsection the Secretary may provide for the conduct of such research through grants or contracts. (Aug. 14, 1935, ch. 531, title IX, § 906, as added Pub. L. 91–373, title I, § 141, Aug. 10, 1970, 84 Stat. 705.) Editorial Notes PRIOR PROVISIONS A prior section 1106, act Aug. 14, 1935, ch. 531, title IX, § 906, 49 Stat. 642, related to excusing payment of tax by engaging in interstate commerce. For further details, see Prior Law note set out preceding section 1101 of this title. § 1107. Personnel training (a) Creation of program In order to assist in increasing the effective- ness and efficiency of administration of the un- employment compensation program by increas- ing the number of adequately trained personnel, the Secretary of Labor shall— (1) provide directly, through State agencies, or through contracts with institutions of high- er education or other qualified agencies, orga- nizations, or institutions, programs and courses designed to train individuals to pre- pare them, or improve their qualifications, for service in the administration of the unemploy- ment 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 pro- vide technical assistance to the State agencies in the operation of their training programs; (3) under such regulations as he may pre- scribe, award fellowships and traineeships to persons in the Federal-State employment se- curity agencies, in order to prepare them or improve their qualifications for service in the administration of the unemployment com- pensation program. (b) Repayment of costs The Secretary may, to the extent that he finds such action to be necessary, prescribe require- ments to assure that any person receiving a fel- lowship, traineeship, stipend or allowance shall repay the costs thereof to the extent that such person fails to serve in the Federal-State em- ployment security program for the period pre- scribed by the Secretary. The Secretary may re- lieve any individual of his obligation to so repay, in whole or in part, whenever and to the extent that such repayment would, in his judg- ment, be inequitable or would be contrary to the purposes of any of the programs established by this section. (c) Detail of Federal and State employees The Secretary, with the concurrence of the State, may detail Federal employees to State unemployment compensation administration and the Secretary may concur in the detailing of State employees to the United States Depart- ment of Labor for temporary periods for train- ing or for purposes of unemployment compensa- tion administration, and the provisions of sec- tion 869b 1 of title 20 or any more general pro- gram of interchange enacted by a law amending, supplementing, or replacing section 869b 1 of title 20 shall apply to any such assignment. (d) Authorization of appropriations There are hereby authorized to be appro- priated 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. (Aug. 14, 1935, ch. 531, title IX, § 907, as added Pub. L. 91–373, title I, § 141, Aug. 10, 1970, 84 Stat. 705.) Editorial Notes REFERENCES IN TEXT Section 869b of title 20, referred to in subsec. (c), was repealed by Pub. L. 91–648, title IV, § 403, Jan. 5, 1971, 84 Stat. 1925. Provisions relating to assignment of per- sonnel to and from State and local governments are covered by section 3371 et seq. of Title 5, Government Organization and Employees. PRIOR PROVISIONS A prior section 1107, acts Aug. 14, 1935, ch. 531, title IX, § 907, 49 Stat. 642; June 25, 1938, ch. 680, § 13(a), 52 Stat. 1110, related to definitions. For further details, see Prior Law note set out preceding section 1101 of this title. § 1108. Advisory Council on Unemployment Com- pensation (a) Establishment Not later than February 1, 1992, and every 4th year thereafter, the Secretary of Labor shall es- tablish an advisory council to be known as the Advisory Council on Unemployment Compensa- tion (referred to in this section as the ‘‘Coun- cil’’). (b) Function It shall be the function of each Council to evaluate the unemployment compensation pro- gram, including the purpose, goals, counter- cyclical effectiveness, coverage, benefit ade- quacy, trust fund solvency, funding of State ad- ministrative costs, administrative efficiency, and any other aspects of the program and to make recommendations for improvement. (c) Members (1) In general Each Council shall consist of 11 members as follows: (A) 5 members appointed by the President, to include representatives of business, labor, State government, and the public. (B) 3 members appointed by the President pro tempore of the Senate, in consultation with the Chairman and ranking member of the Committee on Finance of the Senate. (C) 3 members appointed by the Speaker of the House of Representatives, in consulta- tion with the Chairman and ranking member