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U.S. Code as of:
01/19/04
Section 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.
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