42 U.S.C. § 1108 — Advisory Council on Unemployment Com-

Page 2529 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1108 1 See References in Text note below. ized 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 sec- tion. From the sums authorized to be appro- priated by this subsection the Secretary may provide for the conduct of such research through grants or contracts. (Aug. 14, 1935, ch. 531, title IX, § 906, as added Pub. L. 91–373, title I, § 141, Aug. 10, 1970, 84 Stat. 705.) Editorial Notes PRIOR PROVISIONS A prior section 1106, act Aug. 14, 1935, ch. 531, title IX, § 906, 49 Stat. 642, related to excusing payment of tax by engaging in interstate commerce. For further details, see Prior Law note set out preceding section 1101 of this title. § 1107. Personnel training (a) Creation of program In order to assist in increasing the effective- ness and efficiency of administration of the un- employment compensation program by increas- ing the number of adequately trained personnel, the Secretary of Labor shall— (1) provide directly, through State agencies, or through contracts with institutions of high- er education or other qualified agencies, orga- nizations, or institutions, programs and courses designed to train individuals to pre- pare them, or improve their qualifications, for service in the administration of the unemploy- ment 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 pro- vide technical assistance to the State agencies in the operation of their training programs; (3) under such regulations as he may pre- scribe, award fellowships and traineeships to persons in the Federal-State employment se- curity agencies, in order to prepare them or improve their qualifications for service in the administration of the unemployment com- pensation program. (b) Repayment of costs The Secretary may, to the extent that he finds such action to be necessary, prescribe require- ments to assure that any person receiving a fel- lowship, traineeship, stipend or allowance shall repay the costs thereof to the extent that such person fails to serve in the Federal-State em- ployment security program for the period pre- scribed by the Secretary. The Secretary may re- lieve any individual of his obligation to so repay, in whole or in part, whenever and to the extent that such repayment would, in his judg- ment, be inequitable or would be contrary to the purposes of any of the programs established by this section. (c) Detail of Federal and State employees 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 Depart- ment of Labor for temporary periods for train- ing or for purposes of unemployment compensa- tion administration, and the provisions of sec- tion 869b 1 of title 20 or any more general pro- gram of interchange enacted by a law amending, supplementing, or replacing section 869b 1 of title 20 shall apply to any such assignment. (d) Authorization of appropriations There are hereby authorized to be appro- priated 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. (Aug. 14, 1935, ch. 531, title IX, § 907, as added Pub. L. 91–373, title I, § 141, Aug. 10, 1970, 84 Stat. 705.) Editorial Notes REFERENCES IN TEXT Section 869b of title 20, referred to in subsec. (c), was repealed by Pub. L. 91–648, title IV, § 403, Jan. 5, 1971, 84 Stat. 1925. Provisions relating to assignment of per- sonnel to and from State and local governments are covered by section 3371 et seq. of Title 5, Government Organization and Employees. PRIOR PROVISIONS A prior section 1107, acts Aug. 14, 1935, ch. 531, title IX, § 907, 49 Stat. 642; June 25, 1938, ch. 680, § 13(a), 52 Stat. 1110, related to definitions. For further details, see Prior Law note set out preceding section 1101 of this title. § 1108. Advisory Council on Unemployment Com- pensation (a) Establishment Not later than February 1, 1992, and every 4th year thereafter, the Secretary of Labor shall es- tablish an advisory council to be known as the Advisory Council on Unemployment Compensa- tion (referred to in this section as the ‘‘Coun- cil’’). (b) Function It shall be the function of each Council to evaluate the unemployment compensation pro- gram, including the purpose, goals, counter- cyclical effectiveness, coverage, benefit ade- quacy, trust fund solvency, funding of State ad- ministrative 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 consulta- tion with the Chairman and ranking member 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-