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42 U.S.C. § 1108Advisory Council on Unemployment Compensation

submitted 91 years ago by Pub. L. 91-373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 559 words · no verdicts yet

in plain englishAI-generated · not legal advice

Every four years, the Secretary of Labor must establish an Advisory Council on Unemployment Compensation. The Council evaluates the unemployment-compensation program, receives staff and assistance, and reports its findings and recommendations to the President and Congress.

(a) Establishment. By February 1, 1992, and every fourth year after that, the Secretary of Labor must establish an advisory council called the “Advisory Council on Unemployment Compensation,” or the “Council.” (b) Function. Each Council must evaluate the unemployment-compensation program, including its purpose, goals, countercyclical effectiveness, coverage, adequacy of benefits, trust-fund solvency, funding of State administrative costs, administrative efficiency, and any other part of the program. It must make recommendations for improvement. This section does not define “countercyclical effectiveness.” (c) Members. (1) Each Council has 11 members: (A) 5 appointed by the President, including representatives of business, labor, State government, and the public; (B) 3 appointed by the President pro tempore of the Senate after consulting the Chairman and ranking member of the Senate Finance Committee; and (C) 3 appointed by the Speaker of the House after consulting the Chairman and ranking member of the House Ways and Means Committee. (2) For appointments under (B) and (C), each appointing official must appoint (A) 1 representative of business interests, (B) 1 representative of labor interests, and (C) 1 representative of State-government interests. (3) A vacancy must be filled in the same way as the original appointment. (4) The President appoints the Chairman from among the members. (d) Staff and other assistance. (1) Each Council may obtain technical help, including actuarial services, needed to perform its functions. (2) The Secretary of Labor must provide the staff, office space, other help, and Department of Labor data that the Council needs. (e) Compensation. (1) Each member is entitled to Level V Executive Schedule pay under section 5316 of title 5 for each day, including travel time, spent actually performing Council duties. (2) When performing those duties away from home or the member’s regular business location, the member may receive travel expenses, including per diem instead of subsistence, as section 5703 of title 5 allows for intermittently employed Government personnel. (f) Report. (1) By February 1 of the third year after the year in which a Council must be established, the Council must send the President and Congress a report containing its findings and recommendations from evaluating unemployment compensation. (2) The first Council’s report, due by February 1, 1995, must include findings and recommendations about deciding eligibility for extended unemployment benefits using unemployment statistics for regions, States, or parts of States.
the actual law source: uscode.house.gov ↗public domain
(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), 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 91-373 · 84 Stat. 706
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 1167
  • 1991Amended · Pub. L. 102-164 · 105 Stat. 1059
  • 1993Amended · Pub. L. 103-152 · 107 Stat. 1518

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-373 on 1935-08-14.

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