
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1108]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
       SUBCHAPTER IX--EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING
 
Sec. 1108. Advisory Council on Unemployment Compensation


(a) Establishment

    Not later than February 1, 1992, and every 4th year thereafter, the 
Secretary of Labor shall establish an advisory council to be known as 
the Advisory Council on Unemployment Compensation (referred to in this 
section as the ``Council'').

(b) Function

    It shall be the function of each Council to evaluate the 
unemployment compensation program, including the purpose, goals, 
countercyclical effectiveness, coverage, benefit adequacy, trust fund 
solvency, funding of State administrative 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 consultation with the Chairman and ranking 
        member of the Committee on Ways and Means of the House of 
        Representatives.

                         (2) Qualifications

        In appointing members under subparagraphs (B) and (C) of 
    paragraph (1), the President pro tempore of the Senate and the 
    Speaker of the House of Representatives shall each appoint--
            (A) 1 representative of the interests of business,
            (B) 1 representative of the interests of labor, and
            (C) 1 representative of the interests of State governments.

                            (3) Vacancies

        A vacancy in any Council shall be filled in the manner in which 
    the original appointment was made.

                            (4) Chairman

        The President shall appoint the Chairman of the Council from 
    among its members.

(d) Staff and other assistance

                           (1) In general

        Each Council may engage any technical assistance (including 
    actuarial services) required by the Council to carry out its 
    functions under this section.

               (2) Assistance from Secretary of Labor

        The Secretary of Labor shall provide each Council with any 
    staff, office facilities, and other assistance, and any data 
    prepared by the Department of Labor, required by the Council to 
    carry out its functions under this section.

(e) Compensation

    Each member of any Council--
        (1) shall be entitled to receive compensation at the rate of pay 
    for level V of the Executive Schedule under section 5316 of title 5 
    for each day (including travel time) during which such member is 
    engaged in the actual performance of duties vested in the Council, 
    and
        (2) while engaged in the performance of such duties away from 
    such member's home or regular place of business, shall be allowed 
    travel expenses (including per diem in lieu of subsistence) as 
    authorized by section 5703 of title 5 for persons in the Government 
    employed intermittently.

(f) Report

                           (1) In general

        Not later than February 1 of the third year following the year 
    in which any Council is required to be established under subsection 
    (a) of this section, the Council shall submit to the President and 
    the Congress a report setting forth the findings and recommendations 
    of the Council as a result of its evaluation of the unemployment 
    compensation program under this section.

                     (2) Report of first Council

        The Council shall include in its report required to be submitted 
    by February 1, 1995, the Council's findings and recommendations with 
    respect to determining eligibility for extended unemployment 
    benefits on the basis of unemployment statistics for regions, 
    States, or subdivisions of States.

(Aug. 14, 1935, ch. 531, title IX, Sec. 908, as added Pub. L. 91-373, 
title I, Sec. 141, Aug. 10, 1970, 84 Stat. 706; amended Pub. L. 98-369, 
div. B, title VI, Sec. 2663(d)(4), July 18, 1984, 98 Stat. 1167; Pub. L. 
102-164, title III, Sec. 303, Nov. 15, 1991, 105 Stat. 1059; Pub. L. 
103-152, Sec. 6, Nov. 24, 1993, 107 Stat. 1518.)

                          Codification

    Section 9 of Pub. L. 102-107, Aug. 17, 1991, 105 Stat. 547, which 
contained provisions substantially identical to those of section 303 of 
Pub. L. 102-164, amending this section, did not become effective 
pursuant to section 10(b) of Pub. L. 102-107, because the President did 
not take the action required by that section by Aug. 17, 1991.


                            Prior Provisions

    A prior section 1108, act Aug. 14, 1935, ch. 531, title IX, 
Sec. 908, 49 Stat. 643, related to rules and regulations. For further 
details, see Prior Law note set out preceding section 1101 of this 
title.
    A prior section 1109, act Aug. 14, 1935, ch. 531, title IX, 
Sec. 909, 49 Stat. 643, related to an additional credit against tax. For 
further details, see Prior Law note set out preceding section 1101 of 
this title.
    A prior section 1110, act Aug. 14, 1935, ch. 531, title IX, 
Sec. 910, 49 Stat. 644, related to conditions of additional credit 
allowance. For further details, see Prior Law note set out preceding 
section 1101 of this title.


                               Amendments

    1993--Subsec. (f). Pub. L. 103-152 substituted ``third year'' for 
``2d year'' in par. (1) and ``1995'' for ``1994'' in par. (2).
    1991--Pub. L. 102-164 amended section generally, substituting 
present provisions for provisions which in subsec. (a) established the 
Federal Advisory Council and its membership, in subsec. (b) prescribed 
the appointment of its members, in subsec. (c) required that 
secretarial, clerical, and other assistance be made available to the 
Council, in subsec. (d) provided for compensation of members, in subsec. 
(e) encouraged the organization of State advisory councils, and in 
subsec. (f) authorized certain appropriations for the work of the 
Council.
    1984--Subsec. (d). Pub. L. 98-369 substituted ``5703'' for 
``5703(b)''.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective July 18, 1984, but not to be 
construed as changing or affecting any right, liability, status, or 
interpretation which existed (under the provisions of law involved) 
before that date, see section 2664(b) of Pub. L. 98-369, set out as a 
note under section 401 of this title.


                    Termination of Advisory Councils

    Advisory councils established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a council established by the 
President or an officer of the Federal Government, such council is 
renewed by appropriate action prior to the expiration of such 2-year 
period, or in the case of a council established by the Congress, its 
duration is otherwise provided by law. See sections 3(2) and 14 of Pub. 
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to 
Title 5, Government Organization and Employees.


            Report on Agricultural Labor Performed by Aliens

    Pub. L. 102-318, title III, Sec. 303(b), July 3, 1992, 106 Stat. 
297, directed Advisory Council on Unemployment Compensation to submit a 
report to Congress, not later than Feb. 1, 1994, on its recommendations 
with respect to the treatment of agricultural labor performed by aliens.
