42 U.S.C. § 1109 — Federal Employees Compensation Ac-

Page 2530 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1109 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 as- sistance (including actuarial services) re- quired by the Council to carry out its func- tions 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 reg- ular place of business, shall be allowed travel expenses (including per diem in lieu of subsist- ence) as authorized by section 5703 of title 5 for persons in the Government employed inter- mittently. (f) Report (1) In general Not later than February 1 of the third year following the year in which any Council is re- quired to be established under subsection (a), the Council shall submit to the President and the Congress a report setting forth the find- ings 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 re- quired 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 unem- ployment statistics for regions, States, or sub- divisions 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 Notes 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, § 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, sub- stituting present provisions for provisions which in subsec. (a) established the Federal Advisory Council and its membership, in subsec. (b) prescribed the ap- pointment 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 sub- sec. (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 Subsidiaries 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 Presi- dent 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 oth- erwise 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 Com- pensation 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. § 1109. Federal Employees Compensation Ac- count There is hereby established in the Unemploy- ment Trust Fund a Federal Employees Com- Page 2531 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1111 1 So in original. Probably should be ‘‘to in’’. pensation Account which shall be used for the purposes specified in section 8509 of title 5. For the purposes provided for in section 1104(e) of this title, such account shall be maintained as a separate book account. (Aug. 14, 1935, ch. 531, title IX, § 909, as added Pub. L. 96–499, title X, § 1023(a), Dec. 5, 1980, 94 Stat. 2657.) Editorial Notes PRIOR PROVISIONS A prior section 1109, act Aug. 14, 1935, ch. 531, title IX, § 909, 49 Stat. 643, related to an additional credit against tax. For further details, see Prior Law note set out pre- ceding section 1101 of this title. § 1110. Borrowing between Federal accounts (a) In general Whenever the Secretary of the Treasury (after consultation with the Secretary of Labor) deter- mines that— (1) the amount in the employment security administration account, Federal unemploy- ment account, or extended unemployment compensation account, is insufficient to meet the anticipated payments from the account, (2) such insufficiency may cause such ac- count to borrow from the general fund of the Treasury, and (3) the amount in any other such account ex- ceeds the amount necessary to meet the an- ticipated payments from such other account, the Secretary shall transfer to the account re- ferred to in paragraph (1) from the account re- ferred to 1 paragraph (3) an amount equal to the insufficiency determined under paragraph (1) (or, if less, the excess determined under para- graph (3)). (b) Treatment of advance Any amount transferred under subsection (a)— (1) shall be treated as a noninterest-bearing repayable advance, and (2) shall not be considered in computing the amount in any account for purposes of the ap- plication of sections 1101(f)(2), 1102(b), and 1105(b) of this title. (c) Repayment Whenever the Secretary of the Treasury (after consultation with the Secretary of Labor) deter- mines that the amount in the account to which an advance is made under subsection (a) exceeds the amount necessary to meet the anticipated payments from the account, the Secretary shall transfer from the account to the account from which the advance was made an amount equal to the lesser of the amount so advanced or such ex- cess. (Aug. 14, 1935, ch. 531, title IX, § 910, as added Pub. L. 102–318, title V, § 531(c), July 3, 1992, 106 Stat. 316.) Editorial Notes PRIOR PROVISIONS A prior section 1110, act Aug. 14, 1935, ch. 531, title IX, § 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. § 1111. Data exchange standardization for im- proved interoperability (a) Data exchange standards (1) The Secretary of Labor, in consultation with an interagency work group which shall be established by the Office of Management and Budget, and considering State and employer per- spectives, shall, by rule, designate a data ex- change standard for any category of information required under subchapter III, subchapter XII, or this subchapter. (2) Data exchange standards designated under paragraph (1) shall, to the extent practicable, be nonproprietary and interoperable. (3) In designating data exchange standards under this subsection, the Secretary of Labor shall, to the extent practicable, incorporate— (A) interoperable standards developed and maintained by an international voluntary con- sensus standards body, as defined by the Office of Management and Budget, such as the Inter- national Organization for Standardization; (B) interoperable standards developed and maintained by intergovernmental partner- ships, such as the National Information Ex- change Model; and (C) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulations Council. (b) Data exchange standards for reporting (1) The Secretary of Labor, in consultation with an interagency work group established by the Office of Management and Budget, and con- sidering State and employer perspectives, shall, by rule, designate data exchange standards to govern the reporting required under subchapter III, subchapter XII, or this subchapter. (2) The data exchange standards required by paragraph (1) shall, to the extent practicable— (A) incorporate a widely accepted, non- proprietary, searchable, computer-readable format; (B) be consistent with and implement appli- cable accounting principles; and (C) be capable of being continually upgraded as necessary. (3) In designating reporting standards under this subsection, the Secretary of Labor shall, to the extent practicable, incorporate existing non- proprietary standards, such as the eXtensible Markup Language. (Aug. 14, 1935, ch. 531, title IX, § 911, as added Pub. L. 112–96, title II, § 2104(a), Feb. 22, 2012, 126 Stat. 161.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE; REGULATIONS Pub. L. 112–96, title II, § 2104(b), Feb. 22, 2012, 126 Stat. 162, provided that: ‘‘(1) DATA EXCHANGE STANDARDS.—The Secretary of Labor shall issue a proposed rule under section 911(a)(1) of the Social Security Act [42 U.S.C. 1111(a)(1)] (as added by subsection (a)) within 12 months after the date of the enactment of this section [Feb. 22, 2012], and