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45 U.S.C. § 361Railroad unemployment insurance administration fund

submitted 88 years ago by ch. 680 to r/title-45-RAILROADS · 1,037 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates a fund to pay for running the railroad unemployment insurance system. Money comes from railroad payroll taxes, government advances, and other appropriations, and pays for staff, equipment, and contracts. Any yearly balance over $6,000,000 gets moved out of the fund each September.

(a) Maintenance of account; amounts constituting fund The Treasury Secretary keeps a special account, inside the larger unemployment trust fund, called the railroad unemployment insurance administration fund. Money going into it includes: (i) a piece of the payroll contributions collected under section 358 — specifically the part equal to 0.65% of the total pay those contributions are based on; (ii) any amounts the Treasury advances to the fund under this section; (iii) amounts Congress appropriates under subsection (b); and (iv) any extra amounts Congress decides to appropriate for expenses needed to run this law, which Congress is authorized to appropriate. (b) Authorization of appropriations; advance of sums; repayment Congress appropriates to the fund whatever amount the Treasury and the Railroad Retirement Board jointly estimate was owed for 1936 through 1939 by employers under a related Social Security tax, minus amounts already given or expected to go to states under a related 1937 law. Until that estimated amount is actually credited to the fund, the Treasury must advance the Board up to $2,000,000, on request, to cover administrative costs. The fund must repay this advance once the estimated amount is credited — at a time the Board and Treasury agree on, but no later than January 1, 1940. (c) Availability for administrative expenses All money credited to the fund is permanently available to the Board, without needing further appropriation, to pay for any expense needed to run this law. This includes: staff salaries in Washington, D.C. and elsewhere; travel costs, including for authorized Board meetings; travel and a subsistence allowance (up to $10 a day) for outside advisors invited to Washington; contracts for special technical, accounting, actuarial, or similar services, up to 3% of the fund's yearly income, without needing to follow normal federal hiring rules for this kind of work; communication services like phone, telegraph, and mail; office supplies and equipment; printing; law books and reference materials; periodicals and press clippings; manuscripts and reports; membership dues in professional organizations; office rentals; building repairs; costs of expediting civil-service hiring exams for Board employees; and other miscellaneous items, including public information materials. Normal federal purchasing rules don't apply to any single purchase of $300 or less. The Board's own decisions about whether an expense is properly charged to this fund (versus a separate Railroad Retirement Act appropriation) are final and cannot be challenged by anyone, including federal auditors. (d) Transfer of excess to insurance account Whatever part of the fund's balance, as of September 30 each year, is more than $6,000,000, gets transferred out of this fund on that date and credited to the separate insurance account.
the actual law source: uscode.house.gov ↗public domain
(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 6101 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 6101 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.

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

history & why it existsrecord from the source credit
  • 1938Enacted · Act of June 25, 1938, ch. 680 · 52 Stat. 1105
  • 1939Amended · Act of June 20, 1939, ch. 227 · 53 Stat. 848
  • 1940Amended · Act of Oct. 10, 1940, ch. 842 · 54 Stat. 1099
  • 1948Amended · Act of June 23, 1948, ch. 608 · 62 Stat. 578
  • 1958Amended · Pub. L. 85-927 · 72 Stat. 1783
  • 1966Amended · Pub. L. 89-700 · 80 Stat. 1087
  • 1974Amended · Pub. L. 93-445 · 88 Stat. 1359
  • 1975Amended · Pub. L. 94-92 · 89 Stat. 464
  • 1976Amended · Pub. L. 94-273 · 90 Stat. 376
  • 1988Amended · Pub. L. 100-647 · 102 Stat. 3770

A history note hasn’t been published yet. The record shows enactment by ch. 680 on 1938-06-25.

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