
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC361]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 11--RAILROAD UNEMPLOYMENT INSURANCE
 
Sec. 361. Railroad unemployment insurance administration fund


(a) Maintenance of account; amounts constituting fund

    The Secretary of the Treasury shall maintain in the unemployment 
trust fund established pursuant to section 904 of the Social Security 
Act [42 U.S.C. 1104] an account to be known as the railroad unemployment 
insurance administration fund. This unemployment insurance 
administration fund shall consist of (i) such part of all contributions 
collected pursuant to section 358 of this title as equals 0.65 per 
centum of the total compensation on which such contributions are based; 
(ii) all amounts advanced to the fund by the Secretary of the Treasury 
pursuant to this section; (iii) all amounts appropriated by subsection 
(b) of this section; and (iv) such additional amounts as Congress may 
appropriate for expenses necessary or incidental to administering this 
chapter. Such additional amounts are authorized to be appropriated.

(b) Authorization of appropriations; advance of sums; repayment

    In addition to the other moneys herein provided for expenses 
necessary or incidental to administering this chapter, there is 
appropriated to the fund such amount as the Secretary of the Treasury 
and the Board shall jointly estimate to have been collected or to be 
collectible with respect to the calendar years 1936, 1937, 1938, and 
1939, from employers subject to this chapter, under title IX of the 
Social Security Act, less such amount as the Secretary of the Treasury 
and the Board shall jointly estimate will be appropriated or has been 
appropriated to States or Territories pursuant to the Act of Congress 
approved August 24, 1937 (Public, Numbered 353, Seventy-fifth Congress), 
as proceeds of taxes paid by employers pursuant to title IX of the 
Social Security Act.
    Until the amount appropriated by this subsection is credited to the 
fund, the Secretary of the Treasury is directed to advance to the credit 
of the fund such sums, but not more than $2,000,000, as the Board 
requests for the purpose of financing the costs of administering this 
chapter. Such advance shall be repaid from the fund at such time after 
the amount appropriated by this subsection is credited to the fund as 
the Board by agreement with the Secretary of the Treasury may determine, 
but not later than January 1, 1940.

(c) Availability for administrative expenses

    Notwithstanding any other provision of law, all moneys at any time 
credited to the fund are permanently appropriated to the Board to be 
continuously available to the Board without further appropriation for 
any expenses necessary or incidental to administering this chapter, 
including personal services in the District of Columbia and elsewhere; 
travel expenses, including expenses of attendance at meetings when 
authorized by the Board; actual transportation expenses and not to 
exceed $10 per diem to cover subsistence and other expenses while in 
attendance at and en route to and from the place to which he is invited, 
to any person other than an employee of the Federal Government who may, 
from time to time, be invited to the city of Washington or elsewhere for 
conference or advisory purposes in furthering the work of the Board; 
when found by the Board to be in the interest of the Government, not 
exceeding 3 per centum, in any fiscal year, of the amounts credited 
during such year to the fund, for engaging persons or organizations, by 
contract or otherwise, for any special technical or professional 
services, determined necessary by the Board, including but not 
restricted to accounting, actuarial, statistical, and reporting 
services, without regard to section 5 of title 41 and the provisions of 
other laws applicable to the employment and compensation of officers and 
employees of the United States; services; advertising, postage, 
telephone, telegraph, teletype, and other communication services and 
tolls; supplies; reproducing, photographing, and all other equipment, 
office appliances, and laborsaving devices, including devices for 
internal communication and conveyance; purchase and exchange, operation, 
maintenance and repair of motor-propelled passenger-carrying vehicles to 
be used only for official purposes in the District of Columbia and in 
the field; printing and binding; purchase and exchange of law books, 
books of reference, and directories; periodicals, newspapers and press 
clippings, in such amounts as the Board deems necessary, without regard 
to the provisions of section 192 of the Revised Statutes manuscripts and 
special reports; membership fees or dues in organizations which issue 
publications to members only, or to members at a lower price than to 
others, payment for which may be made in advance; rentals, including 
garages, in the District of Columbia or elsewhere; alterations and 
repairs; if found by the Board to be necessary to expedite the 
certification to the Board by the Director of the Office of Personnel 
Management of persons eligible to be employed by the Board, and to the 
extent that the Board finds such expedition necessary, meeting the 
expenses of the Director of the Office of Personnel Management in 
holding examinations for testing the fitness of applicants for admission 
to the classified service for employment by the Board pursuant to the 
second paragraph of section 362(l) of this title, but not to exceed the 
additional expenses found by the Board to have been incurred by reason 
of the holding of such examinations; and miscellaneous items, including 
those for public instruction and information deemed necessary by the 
Board: Provided, That section 5 of title 41 shall not be construed to 
apply to any purchase or procurement of supplies or services by the 
Board from moneys in the fund when the aggregate amount involved does 
not exceed $300. Determinations of the Board whether the fund or an 
appropriation for the administration of the Railroad Retirement Act of 
1974 [45 U.S.C. 231 et seq.] is properly chargeable with the authorized 
expenses, or parts thereof, incurred in the administration of such Act, 
or of this chapter, shall be binding and conclusive for all purposes and 
upon all persons, including the Comptroller General and any other 
administrative or accounting officer, employee, or agent of the United 
States and shall not be subject to review in any manner.

(d) Transfer of excess to insurance account

    So much of the balance in the fund as of September 30 of each year 
as is in excess of $6,000,000 shall as of such date be transferred from 
the fund and credited to the account.

(June 25, 1938, ch. 680, Sec. 11, 52 Stat. 1105; June 20, 1939, ch. 227, 
Secs. 14, 15, 53 Stat. 848; Oct. 10, 1940, ch. 842, Sec. 22, 54 Stat. 
1099; June 23, 1948, ch. 608, Sec. 8, 62 Stat. 578; Pub. L. 85-927, pt. 
II, Sec. 205, Sept. 6, 1958, 72 Stat. 1783; Pub. L. 89-700, title II, 
Sec. 205, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 93-445, title IV, 
Sec. 404, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 94-92, title I, 
Sec. 1(j), Aug. 9, 1975, 89 Stat. 464; Pub. L. 94-273, Sec. 2(22), Apr. 
21, 1976, 90 Stat. 376; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 
1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 100-647, title VII, 
Sec. 7103(b)(2), Nov. 10, 1988, 102 Stat. 3770.)

                       References in Text

    The Social Security Act, referred to in subsec. (b), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Title IX of the Social Security 
Act was formerly classified generally to subchapter IX (Sec. 1101 et 
seq.) of chapter 7 of Title 42, The Public Health and Welfare, and, 
except for section 1104 of Title 42, was omitted from the Code pursuant 
to section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. For further 
details, see Prior Provisions note preceding section 1101 of Title 42. 
For complete classification of the Social Security Act to the Code, see 
section 1305 of Title 42 and Tables.
    Act of Congress approved August 24, 1937, referred to in subsec. 
(b), is act Aug. 24, 1937, ch. 755, 50 Stat. 754, which is not 
classified to the Code.
    Section 192 of the Revised Statutes, referred to in subsec. (c), 
which related to expenditures for newspapers and which was classified to 
section 102 of former Title 5, was repealed by act Aug. 2, 1946, ch. 
744, Sec. 17(a), 60 Stat. 811.
    The Railroad Retirement Act of 1974, referred to in subsec. (c), is 
act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93-445, 
title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is classified 
generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of this 
title. For further details and complete classification of this Act to 
the Code, see Codification note set out preceding section 231 of this 
title, section 231t of this title, and Tables.


                               Amendments

    1988--Subsec. (a). Pub. L. 100-647 substituted ``0.65'' for ``0.5''.
    1976--Subsec. (d). Pub. L. 94-273 substituted ``September'' for 
``June''.
    1975--Subsec. (a)(i). Pub. L. 94-92 substituted ``0.5'' for 
``0.25''.
    1974--Subsec. (c). Pub. L. 93-445 substituted ``Railroad Retirement 
Act of 1974'' and ``such Act'' for ``Railroad Retirement Act of 1937 and 
the Railroad Retirement Act of 1935'' and ``such Acts'', respectively.
    1966--Subsec. (a). Pub. L. 89-700 substituted ``0.25 per centum'' 
for ``0.2 per centum''.
    1958--Subsec. (a). Pub. L. 85-927 substituted provisions directing 
Secretary of the Treasury to maintain in unemployment trust fund 
established pursuant to section 1104 of title 42 an account to be known 
as the railroad unemployment insurance administration fund, for 
provisions which established railroad unemployment insurance 
administration fund in Treasury of United States.
    1948--Subsec. (a)(i). Act June 23, 1948, changed computation of 
administration funds.
    1940--Subsec. (d). Act Oct. 10, 1940, substituted provisions 
relating to transfer of balance remaining in fund in excess of 
$6,000,000, for provisions relating to lapsing of fund, carryovers to 
surplus or other fund, and transfers from fund.
    1939--Subsec. (b). Act June 20, 1939, Sec. 14, substituted ``. Such 
advance shall be repaid from the fund at'' for ``, including personal 
services in the District of''.
    Subsec. (c). Act June 20, 1939, Sec. 15, substituted ``, including 
personal services in the District of'' for ``. Such advance shall be 
repaid from the fund at''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-647 applicable with respect to compensation 
paid in months beginning after Sept. 30, 1988, see section 7103(c) of 
Pub. L. 100-647, set out as a note under section 358 of this title.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 94-92 effective with respect to compensation 
paid for services rendered after Dec. 31, 1975, see section 2 of Pub. L. 
94-92, set out as a note under section 351 of this title.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section 603 
of Pub. L. 93-445, set out as a note under section 402 of Title 42, The 
Public Health and Welfare.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-927 effective Sept. 6, 1958, except as 
otherwise indicated, see section 207(c) of Pub. L. 85-927, set out as a 
note under section 351 of this title.


                    Effective Date of 1940 Amendment

    For effective date of amendment by act Oct. 10, 1940, see section 1 
of act Oct. 10, 1940, see note set out under section 351 of this title.

                          Transfer of Functions

    ``Director of the Office of Personnel Management'' substituted for 
``Civil Service Commission'' in subsec. (c), pursuant to Reorg. Plan No. 
2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 
1101 of Title 5, Government Organization and Employees, which 
transferred functions vested by statute in United States Civil Service 
Commission to Director of Office of Personnel Management (except as 
otherwise specified), effective Jan. 1, 1979, as provided by section 1-
102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under 
section 1101 of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in sections 351, 358, 360, 362 of this 
title.
