§ 1108. Advisory Council on Unemployment Compensation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Employment Security Amendments of 1970

   Pub. L. 91–373 title I § 141 · 84 Stat. 695

   Enacted · 42 U.S.C. § 1108

   Aug. 14, 1935, ch. 531, title IX, § 908, as added Pub. L. 91–373, title I, § 141, Aug. 10, 1970, 84 Stat. 706

   Source evidence

   Code 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

   Enacted provision · exact public law section
   SEC. 141. RESEARCH PROGRAM, TRAINING GRANTS AND FEDERAL ADVISORY COUNCIL. Title IX of the Social Security Act is amended by adding at the 74 Stat. 970; 75 Stat. 14. 42 USC 1101–1105. end thereof the following new sections: “Sec. 906. “unemployment compensation research program (a) The Secretary of Labor shall— “(1) establish a continuing and comprehensive program of research to evaluate the unemployment compensation system. Such research shall include, but not be limited to, a program of factual studies covering the role of unemployment compensation under varying patterns of unemployment including those in seasonal industries, the relationship between the unemployment compensation and other social insurance programs, the effect of State eligibility and disqualification provisions the personal characteristics, family situations, employment background and experience of claimants, with the results of such studies to be made public; and “(2) establish a program of research to develop information (which shall be made public) as to the effect and impact of extending coverage to excluded groups with first attention to agricultural labor. “(b) To assist in the establishment and provide for the continuation Appropriation. of the comprehensive research program relating to the unemployment compensation system, there are hereby authorized 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 section. From the sums authorized to be appropriated Contract authority. by this subsection the Secretary may provide for the conduct of such research through grants or contracts. “Sec. 907. “personnel training (a) In order to assist in increasing the effectiveness and efficiency of administration of the unemployment compensation program by increasing the number of adequately trained personnel, the Secretary of Labor shall— “(1) provide directly, through State agencies, or through contracts with institutions of higher education or other qualified agencies, organizations, or institutions, programs and courses designed to train individuals to prepare them, or improve their qualifications, for service in the administration of the unemployment 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 provide technical assistance to the State agencies in the operation of their training programs: “(3) under such regulations as he may prescribe, award fellowships Regulations. and traineeships to persons in the Federal-State employment security agencies, in order to prepare them or improve their qualifications for service in the administration of the unemployment compensation program. “(b) The Secretary may, to the extent that he finds such action to be necessary, prescribe requirements to assure that any person receiving a fellowship, traineeship, stipend or allowance shall repay the costs thereof to the extent that such person fails to serve in the Federal-State employment security program for the period prescribed by the Secretary. The Secretary may relieve any individual of his obligation to so repay, in whole or in part, whenever and to the extent that such repayment would, in his judgment, be inequitable or would be contrary to the purposes of any of the programs established by this section. “(c) 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 Department of Labor for temporary periods for training or for purposes of unemployment compensation administration, and the provisions of section 507 of the Elementary and Secondary 79 Stat. 51; Ante, p. 142. 20 USC 867. Education Act of 1965 (79 Stat. 27) or any more general program of interchange enacted by a law amending, supplementing, or replacing section 507 shall apply to any such assignment. “(d) There are hereby authorized to be appropriated 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. “Sec. 908. “federal advisory council (a) The Secretary of Labor shall establish a Federal Advisory Council, of not to exceed 16 members including the chairman, for the purpose of reviewing the Federal-State program of unemployment compensation and making recommendations to him for improvement of the system. “(b) The Council shall be appointed by the Secretary without regard to the civil service laws and shall consist of men and women who shall be representatives of employers and employees in equal numbers, and the public. “(c) The Secretary may make available to the Council an Executive Secretary and secretarial, clerical, and other assistance, and such pertinent data prepared fay the Department of Labor, as it may require to carry out its functions. “(d) Members of the Council shall, while serving on business of the Council, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu 80 Stat. 499; 83 Stat. 190. of subsistence, as authorized by 5 U.S.C. 5703(b) for persons in government service employed intermittently. “(e) The Secretary shall encourage the organization of similar State advisory councils. “(f) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each fiscal year thereafter such sums, not to exceed $100,000, as may be necessary to carry out the purposes of this section,”

2. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 div. B title VI § 2663(d)(4) · 98 Stat. 494

   Substituted · 42 U.S.C. § 1108(d)

   Pub. L. 98–369 substituted “5703” for “5703(b)”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 98–369 substituted “5703” for “5703(b)”.

   Enacted provision · exact public law section
   (4) Section 908(d) of such Act is amended by striking out 42 USC 1108. “5703(b)” and inserting in lieu thereof “5703”.

   Effective date note
   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.

3. 1991

   Emergency Unemployment Compensation Act of 1991

   Pub. L. 102–164 title III § 303 · 105 Stat. 1049

   1. Amended · 42 U.S.C. § 1108

      Pub. L. 102–164 amended section generally

   2. Substituted · 42 U.S.C. § 1108

      Pub. L. 102–164 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 303. ADVISORY COUNCIL ON UNEMPLOYMENT COMPENSATION. Section 908 of the Social Security Act is amended to read as 42 USC 1108. follows: “advisory council on unemployment compensation “Sec. 908. (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, United States Code, 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, United States Code, for persons in the Government employed intermittently. “(f) Report.— “(1) In general.— Not later than February 1 of the 2d 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, 1994, 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.”.

4. 1993

   Unemployment Compensation Amendments of 1993

   Pub. L. 103–152 § 6 · 107 Stat. 1516

   1. Substituted · 42 U.S.C. § 1108(f)

      Pub. L. 103–152 substituted “third year” for “2d year” in par. (2)

   2. Substituted · 42 U.S.C. § 1108(f)

      Pub. L. 103–152 substituted “1995” for “1994” in par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 103–152 substituted “third year” for “2d year” in par. (1) and “1995” for “1994” in par. (2).

   Enacted provision · exact public law section
   SEC. 6. EXTENSION OF REPORTING DATE FOR ADVISORY COUNCIL. 42 USC 1108. Section 908(f) of the Social Security Act is amended— (1) in paragraph (1), by striking “2d year” and inserting “third year”; and (2) in paragraph (2), by striking “February 1, 1994” and inserting “February 1, 1995”.

6 of 6 references resolved to an enrolled provision