Establishment
There is hereby established in the Treasury of the United States a trust fund to be known as the “Unemployment Trust Fund”, hereinafter in this subchapter called the “Fund”. The Secretary of the Treasury is authorized and directed to receive and hold in the Fund all moneys deposited therein by a State agency from a State unemployment fund, or by the Railroad Retirement Board to the credit of the railroad unemployment insurance account or the railroad unemployment insurance administration fund, or otherwise deposited in or credited to the Fund or any account therein. Such deposit may be made directly with the Secretary of the Treasury, with any depositary designated by him for such purpose, or with any Federal Reserve Bank.
Investments
section 1323 of this titleIt shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in his judgment, required to meet current withdrawals. Such investment may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as of the end of the calendar month next preceding the date of such issue, borne by all interest-bearing obligations of the United States then forming part of the public debt; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 per centum next lower than such average rate. Obligations other than such special obligations may be acquired for the Fund only on such terms as to provide an investment yield not less than the yield which would be required in the case of special obligations if issued to the Fund upon the date of such acquisition. Advances made to the Federal unemployment account pursuant to shall not be invested.
Sale or redemption of obligations
Any obligations acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold at the market price, and such special obligations may be redeemed at par plus accrued interest.
Treatment of interest and proceeds
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
Separate book accounts
Payment to State agencies and Railroad Retirement Board
The Secretary of the Treasury is authorized and directed to pay out of the Fund to any State agency such amount as it may duly requisition, not exceeding the amount standing to the account of such State agency at the time of such payment. The Secretary of the Treasury is authorized and directed to make such payments out of the railroad unemployment insurance account for the payment of benefits, and out of the railroad unemployment insurance administration fund for the payment of administrative expenses, as the Railroad Retirement Board may duly certify, not exceeding the amount standing to the credit of such account or such fund, as the case may be, at the time of such payment.
Federal unemployment account; establishment
There is hereby established in the Unemployment Trust Fund a Federal unemployment account.
Aug. 14, 1935, ch. 53149 Stat. 640June 25, 1938, ch. 680, § 10(e)52 Stat. 1104Oct. 3, 1944, ch. 48058 Stat. 789Aug. 6, 1947, ch. 510, § 5(a)61 Stat. 794Aug. 28, 1950, ch. 80964 Stat. 560Aug. 5, 1954, ch. 657, § 5(b)68 Stat. 673Pub. L. 85–92772 Stat. 1782Pub. L. 86–346, title I, § 104(3)73 Stat. 622Pub. L. 86–778, title V, § 52174 Stat. 976Pub. L. 98–369, div. B, title VI, § 2663(d)(3)98 Stat. 1167Pub. L. 102–318, title V, § 531(d)(3)106 Stat. 317(, title IX, § 904, ; –(g), , 1105; , title IV, § 401, ; , ; , title IV, § 404(b), ; –(f), ; , pt. II, § 204, , ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 102–31850 Stat. 754section 361(b) of title 451992—Subsec. (g). struck out after the first sentence the following: “There is hereby authorized to be appropriated to such Federal unemployment account a sum equal to (1) the excess of taxes collected prior to , under title IX of this Act or under the Federal Unemployment Tax Act, over the total unemployment administrative expenditures made prior to , plus (2) the excess of taxes collected under the Federal Unemployment Tax Act after , and prior to , over the unemployment administrative expenditures made after , and prior to . As used in this subsection, the term ‘unemployment administrative expenditures’ means expenditures for grants under subchapter III of this chapter, expenditures for the administration of that subchapter by the Secretary of Health and Human Services, or the Secretary of Labor, and expenditures for the administration of title IX of this Act, or of the Federal Unemployment Tax Act, by the Department of the Treasury, the Secretary of Health and Human Services, or the Secretary of Labor. For the purposes of this subsection, there shall be deducted from the total amount of taxes collected prior to , under title IX of this Act, the sum of $40,561,886.43 which was authorized to be appropriated by the Act of (), and the sum of $18,451,846 which was authorized to be appropriated by .”
Pub. L. 98–3691984—Subsec. (b). substituted “chapter 31 of title 31” for “the Second Liberty Bond Act, as amended”.
Pub. L. 86–7781960—Subsec. (a). substituted “with any depositary designated by him for such purpose, or with any Federal Reserve Bank” for “or with any Federal Reserve bank or member bank of the Federal Reserve System designated by him for such purpose”.
Pub. L. 86–778section 752 of title 31Subsec. (b). substituted “Second Liberty Bond Act, as amended” and “section 1323” for “” and “section 1322(c)”, respectively, and inserted “made” after “Advances”.
Pub. L. 86–778section 1321 of this titlesection 1321 of this titlesection 1323 of this titlesection 1322(c) of this titleSubsec. (e). provided for the maintenance of a separate book account for the employment security administration account and substituted “balance of advances made to the State under ” for “aggregate of the outstanding advances under from the Federal unemployment account” in par. (1) and “balance of advances made under to the account” for “aggregate of the outstanding advances from the Treasury to the account pursuant to ”.
Pub. L. 86–778Subsec. (g). redesignated former subsec. (h) as (g).
Pub. L. 86–3461959—Subsec. (b). substituted “on original issue at the issue price” for “on original issue at par”.
Pub. L. 85–927, § 204(a)1958—Subsec. (a). , inserted “or the railroad unemployment insurance administration fund”.
Pub. L. 85–927, § 204(b)Subsec. (e). , substituted “the railroad unemployment insurance account, and the railroad unemployment insurance administration fund” for “and the railroad unemployment insurance account”.
Pub. L. 85–927, § 204(c)Subsec. (f). , substituted “railroad unemployment insurance account for the payment of benefits, and out of the railroad unemployment insurance administration fund for the payment of administrative expenses, as the Railroad Retirement Board may duly certify, not exceeding the amount standing to the credit of such account or such fund, as the case may be, at the time of such payment” for “fund as the Railroad Retirement Board may duly certify, not exceeding the amount standing to the railroad unemployment insurance account at the time of such payment”.
1954—Subsec. (a). Act , § 5(b), substituted “or otherwise deposited in or credited to the Fund or any account therein” for “or deposited pursuant to appropriations to the Federal unemployment account”.
section 1323 of this titleSubsec. (b). Act , § 5(c), inserted provision that advances to the Federal unemployment account pursuant to shall not be invested.
Subsec. (e). Act , § 5(d), inserted “For the purposes of this subsection, the average daily balance shall be computed—
“(1) in the case of any State account, by reducing (but not below zero) the amount in the account by the aggregate of the outstanding advances under section 1201 from the Federal unemployment account, and
“(2) in the case of the Federal unemployment account, (A) by adding to the amount in the account the aggregate of the reductions under paragraph (1), and (B) by subtracting from the sum so obtained the aggregate of the outstanding advances from the Treasury to the account pursuant to section 1202(c).”
Subsec. (g). Act , § 5(e), repealed subsec. (g) which authorized Secretary of Treasury to make transfers from Federal unemployment account to account of any State in Unemployment Trust Fund.
Subsec. (h). Act , § 5(f), substituted a new cl. (2) in second sentence and repealed the third sentence: “Any amounts in the Federal unemployment account on April 1952, and any amounts repaid to such account after such date, shall be covered into the general fund of the Treasury.”
1950—Subsec. (h). Act , substituted “prior to ” for “prior to ”, “on , and ending on ” for “on , and ending on ” in cl. (2) of second sentence, and “” for “” in third sentence.
1947—Subsec. (h). Act , amended subsec. (h) generally, and, among other changes, changed the periods for which excess of tax collections over administrative expenditures could be appropriated to the unemployment account, limited authorized appropriations for the unemployment account to the excess collections for the period ending , provided for amounts in such account on , and any repayments to the account after such date be covered into the general fund of the Treasury, and provided for an additional deduction of $18,451,846 from the total amount of taxes collected prior to .
1944—Subsec. (a). Act , § 401(a), inserted “, or deposited pursuant to appropriations to the Federal unemployment account” after “unemployment insurance account” in second sentence.
Subsec. (e). Act , § 401(b), inserted “, the Federal unemployment account” after “a separate book account for each State agency”.
Subsecs. (g), (h). Act , § 401(c), added subsecs. (g) and (h).
1938—Subsec. (a). Act , § 10(e), inserted “or by the Railroad Retirement Board to the credit of the railroad unemployment insurance account”.
Subsec. (e). Act , § 10(f), inserted “and the railroad unemployment insurance account”.
Subsec. (f). Act , § 10(g), inserted second sentence.
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 .
Effective Date of 1958 Amendment
Pub. L. 85–927section 207(c) of Pub. L. 85–927section 351 of Title 45Amendment by effective , except as otherwise indicated, see , set out as a note under , Railroads.
Effective Date of 1950 Amendment
Act Aug. 28, 1950, ch. 809, title IV, § 404(c)64 Stat. 560
Termination Date
Act Aug. 6, 1947, ch. 510, § 461 Stat. 794
Payments to States
Act Aug. 24, 1937, ch. 75550 Stat. 754, , provided for payments to States of 90 per cent of proceeds of the unemployment tax collected prior to , where State had enacted an approved unemployment-compensation law during 1937.