US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1108

Advisory Council on Unemployment Compensation

(a)

Establishment

Not later than , 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)
section 5316 of title 5 shall be entitled to receive compensation at the rate of pay for level V of the Executive Schedule under for each day (including travel time) during which such member is engaged in the actual performance of duties vested in the Council, and
(2)
section 5703 of title 5 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 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 , 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. 531Pub. L. 91–373, title I, § 14184 Stat. 706Pub. L. 98–369, div. B, title VI, § 2663(d)(4)98 Stat. 1167Pub. L. 102–164, title III, § 303105 Stat. 1059Pub. L. 103–152, § 6107 Stat. 1518(, title IX, § 908, as added , , ; amended , , ; , , ; , , .)

Editorial Notes

Codification

Section 9 of Pub. L. 102–107105 Stat. 547section 303 of Pub. L. 102–164section 10(b) of Pub. L. 102–107, , , which contained provisions substantially identical to those of , amending this section, did not become effective pursuant to , because the President did not take the action required by that section by .

Prior Provisions

act Aug. 14, 1935, ch. 531, title IX, § 90849 Stat. 643section 1101 of this titleA prior section 1108, , , related to rules and regulations. For further details, see Prior Law note set out preceding .

Amendments

Pub. L. 103–1521993—Subsec. (f). substituted “third year” for “2d year” in par. (1) and “1995” for “1994” in par. (2).

Pub. L. 102–1641991— 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.

Pub. L. 98–3691984—Subsec. (d). substituted “5703” for “5703(b)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–369section 2664(b) of Pub. L. 98–369section 401 of this titleAmendment by effective , 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 , set out as a note under .

Termination of Advisory Councils

Advisory councils established after , 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)106 Stat. 297, , , directed Advisory Council on Unemployment Compensation to submit a report to Congress, not later than , on its recommendations with respect to the treatment of agricultural labor performed by aliens.