U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER IX— EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

42 U.S.C. § 1108

Advisory Council on Unemployment Compensation

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(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 generalEach 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) QualificationsIn 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) CompensationEach 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), 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, § 908, as added Pub. L. 91–373, title I, § 141, Aug. 10, 1970, 84 Stat. 706; amended Pub. L. 98–369, div. B, title VI, § 2663(d)(4), July 18, 1984, 98 Stat. 1167; Pub. L. 102–164, title III, § 303, Nov. 15, 1991, 105 Stat. 1059; Pub. L. 103–152, § 6, Nov. 24, 1993, 107 Stat. 1518.)Editorial NotesCodification

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, § 908, 49 Stat. 643, related to rules and regulations. 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)”.

Statutory Notes and Related SubsidiariesEffective 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 1001(2) and 1013 of Title 5, Government Organization and Employees.

Report on Agricultural Labor Performed by Aliens

Pub. L. 102–318, title III, § 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.

Notes of Decisions
Cited in 4 cases, 1942–1948 · leading case: Chester C. Fosgate Co. v. United States, 125 F.2d 775 (5th Cir. 1942).
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Chester C. Fosgate Co. v. United States, 125 F.2d 775 (5th Cir. 1942). “” The very next Section § 908, 42 U.S.C.A. § 1108 , authorized the making of administrative regulations.”
Quality Coal Co. v. United States, 66 F. Supp. 105 (W.D. Ark. 1946). · cites it 2× “42 U.S.C.A. § 1108 , now 26 U.S.C.A. Int.”
Larson v. Ives Dairy Co., 154 F.2d 701 (5th Cir. 1946). “But the original Act provided that the Commissioner of Internal Revenue and Secretary ■of the Treasury should make regulations ( 42 U.S.C.A. § 1108 ), and the regulation made, which continued in effect till Jan.”
Scofield v. Tinnin, 171 F.2d 227 (5th Cir. 1948). “United States, supra, that we would look to administrative regulations for a definition, saying: “The very next Section § 908, 42 U.S. C.A. § 1108, authorized the making of administrative regulations.”
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