45 USC 362(d): Names, Addresses, and Medical Records of Claimants under the Railroad Retirement and Unemployment Insurance Acts

          
Sec. 362. Duties and powers of Board
(a) Witnesses; subpenas, service, fees, etc.

    For the purpose of any investigation or other proceeding relative to 
the determination of any right to benefits, or relative to any other 
matter within its jurisdiction under this chapter, the Board shall have 
the power to issue subpenas requiring the attendance and testimony of 
witnesses and the production of any evidence, documentary or otherwise, 
that relates to any matter under investigation or in question, before 
the Board or any member, employee, or representative thereof. Any member 
of the Board or any of its employees or representatives designated by it 
may administer oaths and affirmations, examine witnesses, and receive 
evidence. Such attendance of witnesses and production of evidence may be 
required from any place in the United States or any Territory or 
possession thereof at any designated place of hearing. All subpenas may 
be served and returned by anyone authorized by the Board in the same 
manner as is now provided by law for the service and return by United 
States marshals of subpenas in suits in equity. Such service may also be 
made by registered mail or by certified mail and in such case the return 
post-office receipt shall be proof of service. Witnesses summoned in 
accordance with this subsection shall be paid the same fees and mileage 
as are paid witnesses in the district courts of the United States.

(b) Enforcement of subpenas by courts; contempts; service of orders, 
        writs, or processes

    In case of contumacy by, or refusal to obey a subpena lawfully 
issued to, any person, the
Board may invoke the aid of the district court of the United States or 
the United States courts of any Territory or possession, where such 
person is found or resides or is otherwise subject to service of 
process, or the United States District Court for the District of 
Columbia if the investigation or proceeding is being carried on in the 
District of Columbia, or the United States District Court for the 
Northern District of Illinois, if the investigation or proceeding is 
being carried on in the Northern District of Illinois, in requiring the 
attendance and testimony of witnesses and the production of evidence. 
Any such court shall issue an order requiring such person to appear 
before the Board or its specified employee or representative at the 
place specified in the subpena of the Board, whether within or without 
the judicial district of the court, there to produce evidence, if so 
ordered, or there to give testimony concerning the matter under 
investigation or in question; and any failure to obey such order of the 
court may be punished by said court as a contempt thereof. All orders, 
writs, and processes in any such proceeding may be served in the 
judicial district of the district court issuing such order, writ, or 
process, except that the orders, writs, and processes of the United 
States District Court for the District of Columbia or of the United 
States District Court for the Northern District of Illinois in such 
proceedings may run and be served anywhere in the United States.

(c) Repealed. Pub. L. 91-452, title II, Sec. 239, Oct. 15, 1970, 84 
        Stat. 930

        

            
 
          

(d) Information as confidential

    Information obtained by the Board in connection with the 
administration of this chapter shall not be revealed or open to 
inspection nor be published in any manner revealing an employee's 
identity: Provided, however, That (i) the Board may arrange for the 
exchange of any information with governmental agencies engaged in 
functions related to the administration of this chapter; (ii) the Board 
may disclose such information in cases in which the Board finds that 
such disclosure is clearly in furtherance of the interest of the 
employee or his estate; (iii) any claimant of benefits under this 
chapter shall, upon his request, be supplied with information from the 
Board's records pertaining to his claim; and (iv) the Board shall 
disclose to any base-year employer of a claimant for benefits any 
information, including information as to the claimant's identity, that 
is necessary or appropriate to notify such employer of the claim for 
benefits or to full and fair participation by such employer in an 
appeal, hearing, or other proceeding relative to the claim pursuant to 
section 355 of this title. Subject to the provisions of this section, 
the Board may furnish such information to any person or organization 
upon payment by such person or organization to the Board of the cost 
incurred by the Board by reason thereof; and the amounts so paid to the 
Board shall be credited to the railroad unemployment insurance 
administration fund established pursuant to section 361(a) of this 
title;

(e) Certification of claims; authorization of employee to make payments; 
        bond

    The Board shall provide for the certification of claims for benefits 
and refunds and may arrange total or partial settlements at such times 
and in such manner as may appear to the Board to be expedient. The Board 
shall designate and authorize one or more of its employees to sign 
vouchers for the payment of benefits and refunds under this chapter. 
Each such employee shall give bond, in form and amount fixed by the 
Board, conditioned upon the faithful performance of his duties. The 
premiums due on such bonds shall be paid from the fund and deemed to be 
a part of the expenses of administering this chapter.

(f) Cooperation with other agencies administering unemployment or 
        sickness compensation laws; agreements

    The Board may cooperate with or enter into agreement with the 
appropriate agencies charged with the administration of State, 
Territorial, Federal, or foreign unemployment-compensation or sickness 
laws or employment offices, with respect to investigations, the exchange 
of information and services, the establishment, maintenance, and use of 
free employment service facilities, and such other matters as the Board 
deems expedient in connection with the administration of this chapter, 
and may compensate any such agency for services or facilities supplied 
to the Board in connection with the administration of this chapter. The 
Board may enter also into agreements with any such agency, pursuant to 
which any unemployment or sickness benefits provided for by this chapter 
or any other unemployment-compensation or sickness law, may be paid 
through a single agency to persons who have, during the period on the 
basis of which eligibility for and duration of benefits is determined 
under the law administered by such agency or under this chapter, or 
both, performed services covered by one or more of such laws, or 
performed services which constitute employment as defined in this 
chapter: Provided, That the Board finds that any such agreement is fair 
and reasonable as to all affected interests.

(g) Benefits also subject to a State law; mutual reimbursement

    In determining whether an employee has qualified for benefits in 
accordance with section 353 of this title, and in determining the amount 
of benefits to be paid to such employee in accordance with section 
352(a) and (c) of this title, the Board is authorized to consider as 
employment (and compensation therefor) services for hire other than 
employment (and remuneration therefor) if such services for hire are 
subject to an unemployment or sickness compensation law of any State, 
provided that such State has agreed to reimburse the United States such 
portion of the benefits to be paid upon such basis to such employee as 
the Board deems equitable. Any amounts collected pursuant to this 
paragraph shall be credited to the account.
    If a State, in determining whether an employee is eligible for 
unemployment or sickness benefits under an unemployment or sickness
compensation law of such State, and in determining the amount of 
unemployment or sickness benefits to be paid to such employee pursuant 
to such unemployment or sickness compensation law, considers as services 
for hire (and remuneration therefor) included within the provisions of 
such unemployment or sickness compensation law, employment (and 
compensation therefor), the Board is authorized to reimburse such State 
such portion of such unemployment or sickness benefits as the Board 
deems equitable; such reimbursements shall be paid from the account, and 
are included within the meaning of the word ``benefits'' as used in this 
chapter.

(h) Assistance from employers and labor organizations; compensation

    The Board may enter into agreements or arrangements with employers, 
organizations of employers, and railway-labor organizations which are 
duly organized in accordance with the provisions of the Railway Labor 
Act [45 U.S.C. 151 et seq.], for securing the performance of services or 
the use of facilities in connection with the administration of this 
chapter, and may compensate any such employer or organization therefor 
upon such reasonable basis as the Board shall prescribe, but not to 
exceed the additional expense incurred by such employer or organization 
by reason of the performance of such services or making available the 
use of such facilities pursuant to such agreements or arrangements. Such 
employers and organizations, and persons employed by either of them, 
shall not be subject to section 209 of title 18.

(i) Free employment offices; registration of unemployed; statements of 
        sickness; reemployment

    The Board may establish, maintain, and operate free employment 
offices, and may designate as free employment offices facilities 
maintained by (i) a railway labor organization which is duly authorized 
and designated to represent employees in accordance with the Railway 
Labor Act [45 U.S.C. 151 et seq.], or (ii) any other labor organization 
which has been or may be organized in accordance with the provisions of 
the Railway Labor Act, or (iii) one or more employers, or (iv) an 
organization of employers, or (v) a group of such employers and labor 
organizations, or (vi) a State, Territorial, foreign, or the Federal 
Government. The Board may also enter into agreements or arrangements 
with one or more employers or railway labor organizations organized in 
accordance with the provisions of the Railway Labor Act, pursuant to 
which notice of the availability of work and the rights of employees 
with respect to such work under agreements between such employers and 
railway labor organizations may be filed with employment offices and 
pursuant to which employees registered with employment offices may be 
referred to such work.
    The Board shall prescribe a procedure for registration of unemployed 
employees at employment offices. Such procedure for registration shall 
be prescribed with a view to such registration affording substantial 
evidence of the days of unemployment of the employees who register. The 
Board may, when such registration is made personally by an employee, 
accept such registration as initial proof of unemployment sufficient to 
certify for payment a claim for benefits.
    The Board shall provide a form or forms for statements of sickness 
and a procedure for the execution and filing thereof. Such forms and 
procedure shall be designated with a view to having such statements 
provide substantial evidence of the days of sickness of the employee. 
Such statements may be executed by any doctor (authorized to practice in 
the State or foreign jurisdiction in which he practices his profession) 
or any officer or supervisory employee of a hospital, clinic, group 
health association, or other similar organization, who is qualified 
under such regulations as the Board may prescribe to execute such 
statements. The Board shall issue regulations for the qualification of 
such persons to execute such statements. When so executed by any such 
person, or, in the discretion of the Board, by others designated by the 
Board individually or by groups, they may be accepted as initial proof 
of days of sickness sufficient to certify for payment a claim for 
benefits.
    The regulations of the Board concerning registration at employment 
offices by unemployed persons may provide for group registration and 
reporting, through employers, and need not be uniform with respect to 
different classes of employees.
    The operation of any employment facility operated by the Board shall 
be directed primarily toward the reemployment of employees who have 
theretofore been substantially employed by employers.

(j) Advisory councils; members' remuneration

    The Board may appoint national or local advisory councils composed 
of equal numbers of representatives of employers, representatives of 
employees, and persons representing the general public, for the purpose 
of discussing problems in connection with the administration of this 
chapter and aiding the Board in formulating policies. The members of 
such councils shall serve without remuneration, but shall be reimbursed 
for any necessary traveling and subsistence expenses or on a per diem 
basis in lieu of subsistence expenses.

(k) Reduction of unemployment; training and reemployment of unemployed 
        employees, etc.

    The Board, with the advice and aid of any advisory council appointed 
by it, shall take appropriate steps to reduce and prevent unemployment 
and loss of earnings; to encourage and assist in the adoption of 
practical methods of vocational training, retraining, and vocational 
guidance; to promote the reemployment of unemployed employees; and to 
these ends to carry on and publish the results of investigations and 
research studies.

(l) Necessary and incidental powers; employees of Board, employment, 
        remuneration, civil-service laws, registration of unemployed, 
        and detail

    In addition to the powers and duties expressly provided, the Board 
shall have and exercise all the powers and duties necessary to 
administer or incidental to administering this chapter, and in 
connection therewith shall have such of the
powers, duties, and remedies provided in subdivisions (5), (6), and (9) 
of section 7(b) of the Railroad Retirement Act of 1974 [45 U.S.C. 
231f(b)] with respect to the administration of the Railroad Retirement 
Act of 1974 [45 U.S.C. 231 et seq.], as are not inconsistent with the 
express provisions of this chapter. A person in the employ of the Board 
under section 205 of the Act of Congress approved June 24, 1937 (50 
Stat. 307), shall acquire a competitive classified civil-service status 
if, after recommendation by the Board to the Director of the Office of 
Personnel Management, he shall pass such noncompetitive tests of fitness 
as the Director of the Office of Personnel Management may prescribe. A 
person in the employ of the Board on June 30, 1939, and on June 30, 
1940, and who has had experience in railroad service, shall acquire a 
competitive classified civil-service status if, after recommendation by 
the Board to the Director of the Office of Personnel Management, he 
shall pass such noncompetitive tests of fitness for the position for 
which the Board recommends him as the Director of the Office of 
Personnel Management may prescribe.
    The Board may employ such persons and provide for their remuneration 
and expenses, as may be necessary for the proper administration of this 
chapter. Such persons shall be employed and their remuneration 
prescribed in accordance with the civil-service laws and chapter 51 and 
subchapter III of chapter 53 of title 5: Provided, That all positions to 
which such persons are appointed, except one administrative assistant to 
each member of the Board, shall be in and under the competitive civil 
service and shall not be removed or excepted therefrom: Provided, That 
in the employment of such persons the Board shall give preference, as 
between applicants attaining the same grades, to persons who have had 
experience in railroad service, and notwithstanding any other provisions 
of law, rules, or regulations, no other preference shall be given or 
recognized: And provided further, That certification by the Director of 
the Office of Personnel Management of persons for appointment to any 
positions at minimum salaries of $4,600 per annum, or less, shall, if 
the Board so requests, be upon the basis of competitive examinations, 
written, oral, or both, as the Board may request: And provided further, 
That, for the purpose of registering unemployed employees who reside in 
areas in which no employer facilities are located, or in which no 
employer will make facilities available for the registration of such 
employees, the Board may, without regard to civil-service laws and 
chapter 51 and subchapter III of chapter 53 of title 5, appoint persons 
to accept, in such areas, registration of such employees and perform 
services incidental thereto and may compensate such persons on a piece-
rate basis to be determined by the Board. Notwithstanding any other 
provision of law, the Board may detail employees from stations outside 
the District of Columbia to other stations outside the District of 
Columbia or to service in the District of Columbia, and may detail 
employees in the District of Columbia to service outside the District of 
Columbia: Provided, That all details hereunder shall be made by specific 
order and in no case for a period of time exceeding one hundred and 
twenty days. Details so made may, on expiration, be renewed from time to 
time by order of the Board, in each particular case, for periods not 
exceeding one hundred and twenty days.

(m) Delegation of powers

    The Board is authorized to delegate to any member, officer, or 
employee of the Board any of the powers conferred upon the Board by this 
chapter, excluding only the power to prescribe rules and regulations.

(n) Sickness benefits; examinations; information and reports; contracts 
        and expenses for examinations

    Any employee claiming, entitled to, or receiving sickness benefits 
under this chapter may be required to take such examination, physical, 
medical, mental, or otherwise, in such manner and at such times and by 
such qualified individuals, including medical officers or employees of 
the United States or a State, as the Board may prescribe. The place or 
places of examination shall be reasonably convenient for the employee. 
No sickness benefits shall be payable under this chapter with respect to 
any period during which the employee unreasonably refuses to take or 
willfully obstructs an examination as prescribed by the Board.
    Any doctor who renders any attendance, treatment, attention, or 
care, or performs any examination with respect to a sickness of an 
employee, upon which a claim or right to benefits under this chapter is 
based, shall furnish the Board, in such manner and form and at such 
times as the Board by regulations may prescribe, information and reports 
relative thereto and to the condition of the employee. An application 
for sickness benefits under this chapter shall contain a waiver of any 
doctor-patient privilege that the employee may have with respect to any 
sickness period upon which such application is based: Provided, That 
such information shall not be disclosed by the Board except in a 
proceeding relating to any claim for benefits by the employee under this 
chapter.
    The Board may enter into agreements or arrangements with doctors, 
hospitals, clinics, or other persons for securing the examination, 
physical, medical, mental, or otherwise, of employees claiming, entitled 
to, or receiving sickness benefits under this chapter and the 
performance of services or the use of facilities in connection with the 
execution of statements of sickness. The Board may compensate any such 
doctors, hospitals, clinics, or other persons upon such reasonable basis 
as the Board shall prescribe. Such doctors, hospitals, clinics, or other 
persons and persons employed by any of them shall not be subject to 
section 209 of title 18. In the event that the Board pays for the 
physical or mental examination of an employee or for the execution of a 
statement of sickness and such employee's claim for benefits is based 
upon such examination or statement, the Board shall deduct from any 
sickness benefits payable to the employee pursuant to such claim such 
amount as, in the judgment of the Board, is a fair and reasonable charge 
for such examination or execution of such statement.
(o) Liability of third party for sickness; reimbursement of Board

    Benefits payable to an employee with respect to days of sickness 
shall be payable regardless of the liability of any person to pay 
damages for such infirmity. The Board shall be entitled to reimbursement 
from any sum or damages paid or payable to such employee or other person 
through suit, compromise, settlement, judgment, or otherwise on account 
of any liability (other than a liability under a health, sickness, 
accident, or similar insurance policy) based upon such infirmity, to the 
extent that it will have paid or will pay benefits for days of sickness 
resulting from such infirmity. Upon notice to the person against whom 
such right or claim exists or is asserted, the Board shall have a lien 
upon such right or claim, any judgment obtained thereunder, and any sum 
or damages paid under such right or claim, to the extent of the amount 
to which the Board is entitled by way of reimbursement.

(p) Disqualification to execute statements of sickness or receive fees

    The Board may, after hearing, disqualify any person from executing 
statements of sickness who, the Board finds, (i) will have solicited, or 
will have employed another to solicit, for himself or for another the 
execution of any such statement, or (ii) will have made false or 
misleading statements to the Board, to any employer, or to any employee, 
in connection with the awarding of any benefits under this chapter, or 
(iii) will have failed to submit medical reports and records required by 
the Board under this chapter, or will have failed to submit any other 
reports, records, or information required by the Board in connection 
with the administration of this chapter or any other Act heretofore or 
hereafter administered by the Board, or (iv) will have engaged in any 
malpractice or other professional misconduct. No fees or charges of any 
kind shall accrue to any such person from the Board after his 
disqualification.

(q) Investigations and research with respect to accidents and 
        disabilities

    The Board shall engage in and conduct research projects, 
investigations, and studies with respect to the cause, care, and 
prevention of, and benefits for, accidents and disabilities and other 
subjects deemed by the Board to be related thereto, and shall recommend 
legislation deemed advisable in the light of such research projects, 
investigations, and studies.

(r) Duty of Board to make certain computations

                        (1) Compensation base

        On or before December 1, 1988, and on or before December 1 of 
    each year thereafter, the Board shall compute--
            (A) in accordance with section 351(i) of this title, the 
        monthly compensation base which shall be applicable with respect 
        to months in the next succeeding calendar year; and
            (B) the amounts described in section 351(k) of this title, 
        section 352(c) of this title, section 353 of this title, and 
        section 354(a-2)(i)(A) of this title that are related to changes 
        in the monthly compensation base.

                   (2) Maximum daily benefit rate

        On or before June 1, 1989, and on or before June 1 of each year 
    thereafter, the Board shall compute in accordance with section 
    352(a)(3) of this title the maximum daily benefit rate which shall 
    be applicable with respect to days of unemployment and days of 
    sickness in registration periods beginning after June 30 of that 
    year.

           (3) Notice in Federal Register and to employers

        Not later than 10 days after each computation made under this 
    subsection, the Board shall publish notice in the Federal Register 
    and shall notify each employer and employee representative of the 
    amount so computed.

(June 25, 1938, ch. 680, Sec. 12, 52 Stat. 1107; June 20, 1939, ch. 227, 
Sec. 16, 53 Stat. 848; Oct. 10, 1940, ch. 842, Secs. 23, 24, 54 
Stat. 1099; July 31, 1946, ch. 709, Secs. 319-323, 60 Stat. 739, 
740; June 25, 1948, ch. 646, Secs. 1, 32(b), 62 Stat. 878, 895, 991; 
May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Oct. 28, 1949, ch. 782, 
title II, Sec. 202(29), title XI, Sec. 1106(a), 63 Stat. 956, 972; Aug. 
12, 1955, ch. 869, Sec. 6, 69 Stat. 716; Pub. L. 85-927, pt. II, 
Sec. 206, Sept. 6, 1958, 72 Stat. 1783; Pub. L. 86-507, Sec. 1(37), June 
11, 1960, 74 Stat. 202; Pub. L. 89-700, title II, Sec. 206, Oct. 30, 
1966, 80 Stat. 1087; Pub. L. 90-257, title II, Sec. 206, Feb. 15, 1968, 
82 Stat. 25; Pub. L. 91-452, title II, Sec. 239, Oct. 15, 1970, 84 Stat. 
930; Pub. L. 93-445, title IV, Sec. 405, Oct. 16, 1974, 88 Stat. 1359; 
1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 
Stat. 3783; Pub. L. 100-647, title VII, Secs. 7101(e), 7104(d), (e), 
Nov. 10, 1988, 102 Stat. 3758, 3772.)

                       References in Text

    The Railway Labor Act, referred to in subsecs. (h) and (i), is act 
May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified 
principally to chapter 8 (Sec. 151 et seq.) of this title. For complete 
classification of this Act to the Code, see section 151 of this title 
and Tables.
    The Railroad Retirement Act of 1974, referred to in subsec. (l), 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.
    Section 205 of the Act of Congress approved June 24, 1937 (50 Stat. 
307), referred to in subsec. (l), is section 205 of act June 24, 1937, 
ch. 382, 50 Stat. 307, which is not classified to the Code.
    The civil-service laws, referred to in subsec. (l), are set forth in 
Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.

                          Codification

    In subsecs. (h) and (n), ``section 209 of title 18'' substituted for 
reference to the Act of March 3, 1917, 39 Stat. 1106 (5 U.S.C. 66) on 
authority of (1) act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of 
which enacted Title 18, Crimes and Criminal Procedure, and which enacted 
in section 1914 of Title 18 the provisions formerly classified to 
section 66 of former Title 5; and (2) section 2 of Pub. L. 87-849, Oct. 
23, 1962, 76 Stat. 1126, which repealed section 1914 of Title 18 and 
supplanted it with section 209, and which provided that exemptions from 
section 1914 shall be deemed exemptions from section 209. For further 
details, see Exemptions note set out under section 203 of Title 18.
    In subsec. (l), ``chapter 51 and subchapter III of chapter 53 of 
title 5'' substituted for ``the Classification Act
of 1949, as amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 
6, 1966, 80 Stat. 631, the first section of which enacted Title 5, 
Government Organization and Employees.
    In penultimate sentence of subsec. (l), following the first word 
``Notwithstanding'', the words ``the provisions of the Act of June 22, 
1906 (34 Stat. 449), or'' have been omitted as obsolete. The provisions 
were enacted as section 3342 of Title 5, Government Organization and 
Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 425. Section 3342 
of Title 5 was repealed by Pub. L. 89-762, Sec. 1(a), Nov. 5, 1966, 80 
Stat. 1312.
                               Amendments

    1988--Subsec. (d). Pub. L. 100-647, Sec. 7104(d), added cl. (iv).
    Subsec. (n). Pub. L. 100-647, Sec. 7104(e), struck out ``court'' 
before ``proceeding'' in proviso of second par.
    Subsec. (r). Pub. L. 100-647, Sec. 7101(e), added subsec. (r).
    1974--Subsec. (l). Pub. L. 93-445 substituted ``subdivisions (5), 
(6), and (9) of section 7(b) of the Railroad Retirement Act of 1974'' 
for ``section 10(b)(4) of the Railroad Retirement Act of 1937''.
    1970--Subsec. (c). Pub. L. 91-452 struck out subsec. (c) which 
related to immunity from prosecution of any person compelled to testify 
or produce evidence, documentary or otherwise, after claiming his 
privilege against self-incrimination.
    1968--Subsec. (f). Pub. L. 90-257, Sec. 206(a), struck out 
references to maternity benefits and laws and made changes in 
punctuation and grammar necessitated thereby.
    Subsec. (g). Pub. L. 90-257, Sec. 206(b), struck out references to 
maternity benefits and maternity compensation laws and made changes in 
punctuation and grammar necessitated thereby.
    Subsec. (i). Pub. L. 90-257, Sec. 206(c), struck out provisions 
making reference to maternity sickness and to expected and actual date 
of birth of the child required to be included in report of maternity 
sickness.
    Subsec. (n). Pub. L. 90-257, Sec. 206(d), struck out references to 
maternity benefits and to services of a doctor as to expected date of 
birth of a female employee's child, or the birth of such a child.
    1966--Subsec. (d). Pub. L. 89-700 authorized Board to furnish such 
information to any person or organization upon payment of the cost 
incurred by reason thereof, and requiring amounts so paid to Board to be 
credited to railroad unemployment insurance administration fund.
    Subsec. (g). Pub. L. 89-700 substituted ``section 353 of this 
title'' for ``section 353(a) of this title''.
    1960--Subsec. (a). Pub. L. 86-507 inserted ``or by certified mail'' 
after ``registered mail''.
    1958--Subsec. (l). Pub. L. 85-927 struck out ``except that the Board 
may fix the salary of a director of unemployment insurance at $10,000 
per annum'' before first proviso in second paragraph, and substituted 
``Classification Act of 1949'' for ``Classification Act of 1923'', 
immediately preceding such first proviso, which substitution had already 
been executed in accordance with act Oct. 28, 1949.
    1955--Subsec. (l). Act Aug. 12, 1955, specifically provided for 
employees of Railroad Retirement Board to be in and under competitive 
civil service.
    1949--Subsec. (l). Act Oct. 28, 1949, substituted ``Classification 
Act of 1949'' for ``Classification Act of 1923'' in two places.
    1946--Subsec. (b). Act July 31, 1946, Sec. 319, inserted provisions 
relating to the District Court of the United States for the Northern 
District of Illinois.
    Subsec. (f). Act July 31, 1946, Sec. 320, inserted references to 
sickness or maternity laws and benefits.
    Subsec. (g). Act July 31, 1946, Sec. 321, inserted references to 
sickness or maternity laws and benefits and struck out phrase limiting 
second paragraph to eligibility with respect to unemployment after June 
30, 1939.
    Subsec. (i). Act July 31, 1946, Sec. 322, added third par., 
providing for form, execution and filing of statements of sickness.
    Subsecs. (n) to (q). Act July 31, 1946, Sec. 323, added subsecs. (n) 
to (q).
    1940--Subsec. (l). Act Oct. 10, 1940, Sec. 22, inserted provisions 
relating to acquisition of competitive classified civil-service status 
by a person in the employ of Board on June 30, 1939, and June 30, 1940.
    Act Oct. 10, 1940, Sec. 23, inserted provisos relating to personnel 
for registering unemployed employees.
    1939--Subsec. (g). Act June 20, 1939, inserted ``, with respect to 
unemployment after June 30, 1939'' after ``employee is eligible'' and 
struck out ``June 30, 1939'' after ``therefor) after''.

                         Change of Name

    Subsec. (b) of this section was amended by act June 25, 1948, 
Sec. 32(b), eff. Sept. 1, 1948, as amended by act May 24, 1949, which 
substituted ``United States District Court for the District of 
Columbia'' for ``District Court of the United States for the District of 
Columbia''.
    ``United States District Court for the Northern District of 
Illinois'' substituted for ``District Court of the United States for the 
Northern District of Illinois'' in view of act June 25, 1948, which 
states that ``There shall be in each judicial district a district court 
which shall be a court of record known as the United States District 
Court for the district'', and that ``Illinois is divided into three 
judicial districts to be known as the Northern, Southern, and Eastern 
Districts of Illinois.'' See sections 88 and 132 of Title 28, Judiciary 
and Judicial Procedure.
                    Effective Date of 1988 Amendment

    Amendment by section 7104(d), (e) of Pub. L. 100-647, effective Jan. 
1, 1990, see section 7104(f) of Pub. L. 100-647, set out as a note under 
section 355 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 1970 Amendment

    Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 
15, 1970, and not to affect any immunity to which any individual is 
entitled under this section by reason of any testimony given before 
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, 
set out as an Effective Date; Savings Provisions note under section 6001 
of Title 18, Crimes and Criminal Procedure.
                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-257 effective July 1, 1968, see section 208 
of Pub. L. 90-257, set out as a note under section 352 of this title.
                    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 1946 Amendment

    Amendment by act July 31, 1946, effective July 31, 1946, see section 
401 of act July 31, 1946.
                    Effective Date of 1940 Amendment

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

    Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was 
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, 
Sec. 8, 80 Stat. 632, 655.

                          Transfer of Functions

    ``Director of the Office of Personnel Management'' substituted for 
``Civil Service Commission'' in subsec.
(l), 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.
                    Termination of Advisory Councils

    Advisory councils in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
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. Advisory councils established after Jan. 5, 
1973, 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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 
776, set out in the Appendix to Title 5, Government Organization and 
Employees.

                         Delegation of Functions

    Functions of President under subsec. (l) of this section delegated 
to Chairman of the Railroad Retirement Board by Memorandum of President 
of the United States, Feb. 9, 2005, 70 F.R. 7631, set out as a note 
under section 231f of this title.
              Railroad Unemployment Compensation Committee

    Pub. L. 98-76, title V, Sec. 504, Aug. 12, 1983, 97 Stat. 441, 
provided that:
    ``(a) Representatives of railroad labor and railroad management 
shall jointly establish (and jointly appoint the members of) a committee 
to be known as the `Railroad Unemployment Compensation Committee' 
(hereinafter in this section referred to as the `Committee').
    ``(b) The Committee shall consist of five members--
        ``(1) two of whom shall be representatives of railroad labor,
        ``(2) two of whom shall be representatives of railroad 
    management, and
        ``(3) one of whom shall be an individual who shall not be in the 
    employment of or pecuniarily or otherwise interested in any employer 
    (as defined in section 1 of the Railroad Retirement Act of 1974 [45 
    U.S.C. 231]) or any organization of employees (as defined in section 
    1 of such Act).
    ``(c) The Committee shall review all aspects of the unemployment and 
sickness insurance systems provided by the Railroad Unemployment 
Insurance Act [this chapter] including (but not limited to) a review 
of--
        ``(1) benefit levels,
        ``(2) experience rating,
        ``(3) debt repayment and interest on debt,
        ``(4) waiting period for unemployment benefits and qualifying 
    requirements, and
        ``(5) alternatives to the railroad unemployment insurance system 
    such as covering railroad employees under the Federal-State 
    unemployment compensation system.
    ``(d) Not later than April 1, 1984, the Committee shall submit a 
report to the Congress containing recommendations--
        ``(1) with respect to the review conducted under subsection (c), 
    and
        ``(2) with respect to the repayment of funds which the railroad 
    unemployment insurance system has borrowed from the Railroad 
    Retirement Account.
Any recommendation submitted under paragraph (2) shall contain 
adjustments in contributions and benefits which will enable the railroad 
unemployment compensation system to repay all loans from the Railroad 
Retirement Account before December 31, 2000.
    ``(e) The Railroad Retirement Board (and any other department, 
agency, or instrumentality of the Federal Government) is authorized to 
cooperate with, and assist, the Committee (at its request) in carrying 
out its duties by furnishing services, information, data, or other 
material which the Committee determines will be helpful in carrying out 
its duties.''